As Passed by the House 1
CORRECTED VERSION 3
123rd General Assembly 6
Regular Session Am. Sub. H. B. No. 163 7
1999-2000 8
REPRESENTATIVES CORE-DAMSCHRODER-THOMAS-HOOPS-KREBS- 10
MEAD-METZGER-MOTTLEY-O'BRIEN-PERZ-VESPER-BARRETT-BOYD- 11
JONES-D.MILLER-R.MILLER-OPFER-ROBERTS-SULLIVAN-WILSON- 12
CORBIN-EVANS-BARNES-ROMAN-ALLEN-WOMER BENJAMIN-PATTON 13
_________________________________________________________________ 14
A B I L L
To amend sections 109.71, 109.77, 145.01, 145.33, 17
742.63, 2925.44, 2933.43, 2935.01, 4301.021, 18
4301.10, 4301.21, 4301.31, 4301.53, 4301.66,
4501.10, 4501.27, 4503.19, 4507.02, 4509.101, 19
4561.021, 4561.20, 4561.341, 4563.01, 4906.10, 20
5501.03, 5501.04, 5501.07, 5502.01, 5502.13, 22
5502.14, 5502.16, 5502.17, 5502.18, 5502.62,
5517.011, 5525.01, and 5735.051; to amend, for 24
the purpose of adopting a new section number as
indicated in parentheses, section 5502.62 25
(5502.19); to enact sections 5502.141, 5512.10, 26
and 5525.25; and to repeal section 5502.61 of the 28
Revised Code and to amend Section 3 of Am. Sub.
S.B. 20 of the 120th General Assembly, as 29
subsequently amended, to make appropriations for
programs related to transportation and public 31
safety for the biennium beginning July 1, 1999,
and ending June 30, 2001, and to provide 32
authorization and conditions for the operation of 33
those programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
2
Section 1. That sections 109.71, 109.77, 145.01, 145.33, 37
742.63, 2925.44, 2933.43, 2935.01, 4301.021, 4301.10, 4301.21, 39
4301.31, 4301.53, 4301.66, 4501.10, 4501.27, 4503.19, 4507.02, 40
4509.101, 4561.021, 4561.20, 4561.341, 4563.01, 4906.10, 5501.03, 42
5501.04, 5501.07, 5502.01, 5502.13, 5502.14, 5502.16, 5502.17, 43
5502.18, 5502.62, 5517.011, 5525.01, and 5735.051 be amended, 44
section 5502.62 (5502.19) be amended for the purpose of adopting 45
a new section number as indicated in parentheses, and sections 46
5502.141, 5512.10, and 5525.25 of the Revised Code be enacted to 47
read as follows: 48
Sec. 109.71. There is hereby created in the office of the 57
attorney general the Ohio peace officer training commission. The 58
commission shall consist of nine members appointed by the 59
governor with the advice and consent of the senate and selected 60
as follows: one member representing the public; two members who 61
are incumbent sheriffs; two members who are incumbent chiefs of 62
police; one member from the bureau of criminal identification and 63
investigation; one member from the state highway patrol; one 64
member who is the special agent in charge of a field office of 65
the federal bureau of investigation in this state; and one member 66
from the department of education, trade and industrial education 68
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code: 70
(A) "Peace officer" means: 72
(1) A deputy sheriff, marshal, deputy marshal, member of 74
the organized police department of a township or municipal 75
corporation, member of a township police district or joint 76
township police district police force, member of a police force 77
employed by a metropolitan housing authority under division (D) 78
of section 3735.31 of the Revised Code, or township constable, 79
who is commissioned and employed as a peace officer by a 80
political subdivision of this state or by a metropolitan housing 81
authority, and whose primary duties are to preserve the peace, to 82
protect life and property, and to enforce the laws of this state, 83
3
ordinances of a municipal corporation, resolutions of a township, 84
or regulations of a board of county commissioners or board of 85
township trustees, or any such OF THOSE laws, ordinances, 86
resolutions, or regulations; 87
(2) A police officer who is employed by a railroad company 89
and appointed and commissioned by the governor pursuant to 90
sections 4973.17 to 4973.22 of the Revised Code; 91
(3) Employees of the department of taxation engaged in the 93
enforcement of Chapter 5743. of the Revised Code and designated 94
by the tax commissioner for peace officer training for purposes 95
of the delegation of investigation powers under section 5743.45 96
of the Revised Code; 97
(4) An undercover drug agent; 99
(5) Liquor control investigators ENFORCEMENT AGENTS of the 101
department of public safety engaged in the enforcement of 103
Chapters 4301. and 4303. WHOM THE DIRECTOR OF PUBLIC SAFETY 104
DESIGNATES UNDER SECTION 5502.14 of the Revised Code; 105
(6) An employee of the department of natural resources who 107
is a natural resources law enforcement staff officer designated 108
pursuant to section 1501.013, a park officer designated pursuant 109
to section 1541.10, a forest officer designated pursuant to 112
section 1503.29, a preserve officer designated pursuant to 113
section 1517.10, a wildlife officer designated pursuant to 114
section 1531.13, or a state watercraft officer designated 115
pursuant to section 1547.521 of the Revised Code; 116
(7) An employee of a park district who is designated 118
pursuant to section 511.232 or 1545.13 of the Revised Code; 119
(8) An employee of a conservancy district who is 121
designated pursuant to section 6101.75 of the Revised Code; 122
(9) A police officer who is employed by a hospital that 124
employs and maintains its own proprietary police department or 125
security department, and who is appointed and commissioned by the 126
governor pursuant to sections 4973.17 to 4973.22 of the Revised 127
Code; 128
4
(10) Ohio veterans' home police officers designated under 130
section 5907.02 of the Revised Code; 131
(11) A police officer who is employed by a qualified 133
nonprofit corporation police department pursuant to section 134
1702.80 of the Revised Code; 135
(12) A state university law enforcement officer appointed 137
under section 3345.04 of the Revised Code or a person serving as 138
a state university law enforcement officer on a permanent basis 139
on June 19, 1978, who has been awarded a certificate by the 140
executive director of the Ohio peace officer training council 141
attesting to the person's satisfactory completion of an approved 142
state, county, municipal, or department of natural resources 143
peace officer basic training program;
(13) A special police officer employed by the department 145
of mental health pursuant to section 5119.14 of the Revised Code 146
or the department of mental retardation and developmental 147
disabilities pursuant to section 5123.13 of the Revised Code; 148
(14) A member of a campus police department appointed 150
under section 1713.50 of the Revised Code; 151
(15) A member of a police force employed by a regional 153
transit authority under division (Y) of section 306.35 of the 154
Revised Code;
(16) Food stamp trafficking agents of the department of 156
public safety designated under section 5502.14 of the Revised 158
Code;
(17) Investigators appointed by the auditor of state 160
pursuant to section 117.091 of the Revised Code and engaged in 162
the enforcement of Chapter 117. of the Revised Code; 163
(18)(17) A special police officer designated by the 165
superintendent of the state highway patrol pursuant to section 167
5503.09 of the Revised Code or a person who was serving as a 168
special police officer pursuant to that section on a permanent 170
basis on October 21, 1997, and who has been awarded a certificate 172
by the executive director of the Ohio peace officer training 173
5
commission attesting to the person's satisfactory completion of 174
an approved state, county, municipal, or department of natural 175
resources peace officer basic training program. 176
(B) "Undercover drug agent" has the same meaning as in 178
division (B)(2) of section 109.79 of the Revised Code. 179
(C) "Crisis intervention training" means training in the 181
use of interpersonal and communication skills to most effectively 182
and sensitively interview victims of rape. 183
(D) "Missing children" has the same meaning as in section 185
2901.30 of the Revised Code. 186
Sec. 109.77. (A) As used in this section, "felony" has 195
the same meaning as in section 109.511 of the Revised Code. 196
(B)(1) Notwithstanding any general, special, or local law 199
or charter to the contrary, and except as otherwise provided in 200
this section, no person shall receive an original appointment on 201
a permanent basis as any of the following unless the person 202
previously has been awarded a certificate by the executive 203
director of the Ohio peace officer training commission attesting 204
to the person's satisfactory completion of an approved state, 205
county, municipal, or department of natural resources peace 206
officer basic training program:
(a) A peace officer of any county, township, municipal 208
corporation, regional transit authority, or metropolitan housing 209
authority;
(b) A natural resources law enforcement staff officer, 211
park officer, forest officer, preserve officer, wildlife officer, 213
or state watercraft officer of the department of natural 214
resources;
(c) An employee of a park district under section 511.232 216
or 1545.13 of the Revised Code; 217
(d) An employee of a conservancy district who is 219
designated pursuant to section 6101.75 of the Revised Code; 220
(e) A state university law enforcement officer; 222
(f) A special police officer employed by the department of 224
6
mental health pursuant to section 5119.14 of the Revised Code or 225
the department of mental retardation and developmental 226
disabilities pursuant to section 5123.13 of the Revised Code; 227
(g) A food stamp trafficking AN ENFORCEMENT agent of the 229
department of public safety designated WHOM THE DIRECTOR OF 231
PUBLIC SAFETY DESIGNATES under section 5502.14 of the Revised 232
Code.
(2) Every person who is appointed on a temporary basis or 234
for a probationary term or on other than a permanent basis as any 235
of the following shall forfeit the appointed position unless the 237
person previously has completed satisfactorily or, within the 238
time prescribed by rules adopted by the attorney general pursuant 239
to section 109.74 of the Revised Code, satisfactorily completes a 240
state, county, municipal, or department of natural resources 241
peace officer basic training program for temporary or 242
probationary officers and is awarded a certificate by the 243
director attesting to the satisfactory completion of the program: 244
(a) A peace officer of any county, township, municipal 246
corporation, regional transit authority, or metropolitan housing 247
authority;
(b) A natural resources law enforcement staff officer, 249
park officer, forest officer, preserve officer, wildlife officer, 251
or state watercraft officer of the department of natural 252
resources;
(c) An employee of a park district under section 511.232 254
or 1545.13 of the Revised Code; 255
(d) An employee of a conservancy district who is 257
designated pursuant to section 6101.75 of the Revised Code; 258
(e) A special police officer employed by the department of 260
mental health pursuant to section 5119.14 of the Revised Code or 261
the department of mental retardation and developmental 262
disabilities pursuant to section 5123.13 of the Revised Code; 263
(f) A food stamp trafficking AN ENFORCEMENT agent of the 265
department of public safety designated WHOM THE DIRECTOR OF 267
7
PUBLIC SAFETY DESIGNATES under section 5502.14 of the Revised 268
Code.
(3) For purposes of division (B) of this section, a state, 270
county, municipal, or department of natural resources peace 271
officer basic training program, regardless of whether the program 272
is to be completed by peace officers appointed on a permanent or 273
temporary, probationary, or other nonpermanent basis, shall 274
include at least fifteen hours of training in the handling of the 275
offense of domestic violence, other types of domestic 276
violence-related offenses and incidents, and protection orders 277
and consent agreements issued or approved under section 2919.26 278
or 3113.31 of the Revised Code and at least six hours of crisis 279
intervention training. The requirement to complete fifteen hours 280
of training in the handling of the offense of domestic violence, 281
other types of domestic violence-related offenses and incidents, 282
and protection orders and consent agreements issued or approved 283
under section 2919.26 or 3113.31 of the Revised Code does not 284
apply to any person serving as a peace officer on March 27, 1979, 285
and the requirement to complete six hours of training in crisis 286
intervention does not apply to any person serving as a peace 287
officer on April 4, 1985. Any person who is serving as a peace 288
officer on April 4, 1985, who terminates that employment after 289
that date, and who subsequently is hired as a peace officer by 290
the same or another law enforcement agency shall complete the six 291
hours of training in crisis intervention within the time 292
prescribed by rules adopted by the attorney general pursuant to 293
section 109.742 of the Revised Code. No peace officer shall have 294
employment as a peace officer terminated and then be reinstated 295
with intent to circumvent this section. 296
(4) Division (B) of this section does not apply to any 298
person serving on a permanent basis on March 28, 1985, as a park 299
officer, forest officer, preserve officer, wildlife officer, or 300
state watercraft officer of the department of natural resources 301
or as an employee of a park district under section 511.232 or 302
8
1545.13 of the Revised Code, to any person serving on a permanent 303
basis on March 6, 1986, as an employee of a conservancy district 304
designated pursuant to section 6101.75 of the Revised Code, to 305
any person serving on a permanent basis on January 10, 1991, as a 306
preserve officer of the department of natural resources, to any 308
person employed on a permanent basis on July 2, 1992, as a
special police officer by the department of mental health 310
pursuant to section 5119.14 of the Revised Code or by the 311
department of mental retardation and developmental disabilities 312
pursuant to section 5123.13 of the Revised Code, or to any person 313
serving on a permanent basis on June 19, 1978, as a state 314
university law enforcement officer pursuant to section 3345.04 of 315
the Revised Code and who, immediately prior to June 19, 1978, was 316
serving as a special police officer designated under authority of 317
that section.
(5) Division (B) of this section does not apply to any 319
person who is appointed as a regional transit authority police 320
officer pursuant to division (Y) of section 306.35 of the Revised 321
Code if, on or before July 1, 1996, the person has completed 322
satisfactorily an approved state, county, municipal, or 324
department of natural resources peace officer basic training 325
program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting 326
to the person's satisfactory completion of such an approved 327
program and if, on July 1, 1996, the person is performing peace 328
officer functions for a regional transit authority. 329
(C) No person, after September 20, 1984, shall receive an 331
original appointment on a permanent basis as a liquor control 332
investigator or food stamp trafficking agent of the department of 333
public safety, engaged in the enforcement of Chapters 4301. and 334
4303. of the Revised Code, or as an Ohio veterans' home police 335
officer designated under section 5907.02 of the Revised Code 338
unless the person previously has been awarded a certificate by 339
the executive director of the Ohio peace officer training
9
commission attesting to the person's satisfactory completion of 340
an approved police officer basic training program. Every person 341
who is appointed on a temporary basis or for a probationary term 343
or on other than a permanent basis as a liquor control 344
investigator of the department of public safety, engaged in the 345
enforcement of Chapters 4301. and 4303. of the Revised Code, or 346
as an Ohio veterans' home police officer designated under section 347
5907.02 of the Revised Code shall forfeit that position unless 348
the person previously has completed satisfactorily or, within one 349
year from the time of appointment, satisfactorily completes an 351
approved police officer basic training program. 352
No person, beginning on October 29, 1995, shall receive an 355
original appointment on a permanent basis as a food stamp 356
trafficking agent of the department of public safety authorized 357
to enforce Chapter 5502. and sections 2913.46 and 5101.54 of the 359
Revised Code and engaged in the enforcement of laws and rules
described in section 5502.14 of the Revised Code unless the 360
person previously has been awarded a certificate by the executive 362
director of the Ohio peace officer training commission attesting 363
to the person's satisfactory completion of an approved police
officer basic training program. Every person who is appointed on 365
a temporary or for a probationary term or on other than a 366
permanent basis as a food stamp trafficking agent shall forfeit 367
that position unless the person previously has completed 368
satisfactorily, or within one year from the time of the 369
appointment satisfactorily completes, an approved police officer 370
basic training program. 371
(D) No bailiff or deputy bailiff of a court of record of 373
this state and no criminal investigator who is employed by the 374
state public defender shall carry a firearm, as defined in 375
section 2923.11 of the Revised Code, while on duty unless the 376
bailiff, deputy bailiff, or criminal investigator has done or 378
received one of the following:
(1) Has been awarded a certificate by the executive 380
10
director of the Ohio peace officer training commission, which 381
certificate attests to satisfactory completion of an approved 382
state, county, or municipal basic training program for bailiffs 383
and deputy bailiffs of courts of record and for criminal 384
investigators employed by the state public defender that has been 385
recommended by the Ohio peace officer training commission; 386
(2) Has successfully completed a firearms training program 389
approved by the Ohio peace officer training commission prior to 390
employment as a bailiff, deputy bailiff, or criminal 391
investigator;
(3) Prior to June 6, 1986, was authorized to carry a 394
firearm by the court that employed the bailiff or deputy bailiff 395
or, in the case of a criminal investigator, by the state public 397
defender and has received training in the use of firearms that 398
the Ohio peace officer training commission determines is 399
equivalent to the training that otherwise is required by division 400
(D) of this section. 401
(E)(1) Prior to awarding any certificate prescribed in 404
this section, the executive director of the Ohio peace officer 405
training commission shall request the person to whom the 406
certificate is to be awarded to disclose, and the person shall 407
disclose, any previous criminal conviction of or plea of guilty 408
of that person to a felony.
(2) Prior to the award by the executive director of the 411
commission of any certificate prescribed in this section, the 412
prospective employer of the person to whom the certificate is to 413
be awarded or the commander of the peace officer training school 414
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 416
records check on the person. Upon receipt of the request, the 417
bureau promptly shall conduct a criminal history records check on 418
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 419
prospective employer or peace officer training school commander 420
11
that made the request. Upon receipt of the copy of the criminal 422
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 423
shall submit the copy to the executive director of the Ohio peace 425
officer training commission. The executive director shall not 426
award any certificate prescribed in this section unless the 427
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 428
awarded.
(3) The executive director of the commission shall not 430
award a certificate prescribed in this section to a person who 431
has been convicted of or has pleaded guilty to a felony or who 432
fails to disclose any previous criminal conviction of or plea of 433
guilty to a felony as required under division (E)(1) of this 434
section.
(4) The executive director of the commission shall revoke 436
the certificate awarded to a person as prescribed in this 437
section, and that person shall forfeit all of the benefits 438
derived from being certified as a peace officer under this 439
section, if the person, prior to the award of the certificate, 440
failed to disclose any previous criminal conviction of or plea of 441
guilty to a felony as required under division (E)(1) of this 443
section.
(F)(1) Regardless of whether the person has been awarded 445
the certificate or has been classified as a peace officer prior 446
to, on, or after the effective date of this amendment OCTOBER 16, 447
1996, the executive director of the Ohio peace officer training 450
commission shall revoke any certificate that has been awarded to 451
a person as prescribed in this section if the person does either 452
of the following:
(a) Pleads guilty to a felony committed on or after 454
January 1, 1997. 455
(b) Pleads guilty to a misdemeanor committed on or after 458
January 1, 1997, pursuant to a negotiated plea agreement as 459
12
provided in division (D) of section 2929.29 of the Revised Code 460
in which the person agrees to surrender the certificate awarded 462
to the person under this section. 463
(2) The executive director of the commission shall suspend 465
any certificate that has been awarded to a person as prescribed 466
in this section if the person is convicted, after trial, of a 467
felony committed on or after January 1, 1997. The executive 469
director shall suspend the certificate pursuant to division 470
(F)(2) of this section pending the outcome of an appeal by the 471
person from that conviction to the highest court to which the 473
appeal is taken or until the expiration of the period in which an 474
appeal is required to be filed. If the person files an appeal 475
that results in that person's acquittal of the felony or 476
conviction of a misdemeanor, or in the dismissal of the felony 477
charge against that person, the executive director shall 478
reinstate the certificate awarded to the person under this 479
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 481
highest court to which the appeal is taken or if the person does 482
not file a timely appeal, the executive director shall revoke the 483
certificate awarded to the person under this section. 484
(G)(1) If a person is awarded a certificate under this 487
section and the certificate is revoked pursuant to division
(E)(4) or (F) of this section, the person shall not be eligible 489
to receive, at any time, a certificate attesting to the person's 490
satisfactory completion of a peace officer basic training 491
program.
(2) The revocation or suspension of a certificate under 493
division (E)(4) or (F) of this section shall be in accordance 494
with Chapter 119. of the Revised Code. 495
(H)(1) A person who was employed as a peace officer of a 497
county, township, or municipal corporation of the state on 498
January 1, 1966, and who has completed at least sixteen years of 499
full-time active service as such a peace officer may receive an 500
13
original appointment on a permanent basis and serve as a peace 501
officer of a county, township, or municipal corporation, or as a 502
state university law enforcement officer, without complying with 503
the requirements of division (B) of this section. 504
(2) Any person who held an appointment as a state highway 506
trooper on January 1, 1966, may receive an original appointment 507
on a permanent basis and serve as a peace officer of a county, 508
township, or municipal corporation, or as a state university law 509
enforcement officer, without complying with the requirements of 510
division (B) of this section. 511
(I) No person who is appointed as a peace officer of a 513
county, township, or municipal corporation on or after April 9, 514
1985, shall serve as a peace officer of that county, township, or 515
municipal corporation unless the person has received training in 516
the handling of missing children and child abuse and neglect 517
cases from an approved state, county, township, or municipal 518
police officer basic training program or receives the training 519
within the time prescribed by rules adopted by the attorney 520
general pursuant to section 109.741 of the Revised Code. 521
(J) No part of any approved state, county, or municipal 523
basic training program for bailiffs and deputy bailiffs of courts 524
of record and no part of any approved state, county, or municipal 525
basic training program for criminal investigators employed by the 526
state public defender shall be used as credit toward the 527
completion by a peace officer of any part of the approved state, 528
county, or municipal peace officer basic training program that 529
the peace officer is required by this section to complete 530
satisfactorily. 531
(K) This section does not apply to any member of the 533
police department of a municipal corporation in an adjoining 534
state serving in this state under a contract pursuant to section 535
737.04 of the Revised Code. 536
Sec. 145.01. As used in this chapter: 545
(A) "Public employee" means: 547
14
(1) Any person holding an office, not elective, under the 549
state or any county, township, municipal corporation, park 550
district, conservancy district, sanitary district, health 551
district, metropolitan housing authority, state retirement board, 552
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 553
university, or board, bureau, commission, council, committee, 554
authority, or administrative body as the same are, or have been, 555
created by action of the general assembly or by the legislative 556
authority of any of the units of local government named in 557
division (A)(1) of this section, or employed and paid in whole or 558
in part by the state or any of the authorities named in division 559
(A)(1) of this section in any capacity not covered by section 561
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 563
retirement system and who continues to perform the same or 565
similar duties under the direction of a contractor who has 566
contracted to take over what before the date of the contract was 567
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 568
purposes of administering this chapter. 569
(3) Any person who is an employee of a public employer, 571
notwithstanding that the person's compensation for that 572
employment is derived from funds of a person or entity other than 573
the employer. Credit for such service shall be included as total 574
service credit, provided that the employee makes the payments 575
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 576
In all cases of doubt, the public employees retirement 578
board shall determine whether any person is a public employee, 579
and its decision is final.
(B) "Member" means any public employee, other than a 581
public employee excluded or exempted from membership in the 582
retirement system by section 145.03, 145.031, 145.032, 145.033, 583
15
145.034, 145.035, or 145.38 of the Revised Code. "Member" 584
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 585
includes a disability benefit recipient. 586
(C) "Head of the department" means the elective or 588
appointive head of the several executive, judicial, and 589
administrative departments, institutions, boards, and commissions 590
of the state and local government as the same are created and 591
defined by the laws of this state or, in case of a charter
government, by that charter. 592
(D) "Employer" or "public employer" means the state or any 594
county, township, municipal corporation, park district, 595
conservancy district, sanitary district, health district, 596
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 597
cemetery, joint hospital, institutional commissary, state medical 598
college, state university, or board, bureau, commission, council, 599
committee, authority, or administrative body as the same are, or 600
have been, created by action of the general assembly or by the 601
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 602
of the Revised Code. In addition, "employer" means the employer 603
of any public employee.
(E) "Prior service" means all service as a public employee 605
rendered before January 1, 1935, and all service as an employee 606
of any employer who comes within the state teachers retirement 607
system or of the school employees retirement system or of any 608
other retirement system established under the laws of this state 609
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 610
other system after that other system was established, credit for 611
the service may be allowed by the public employees retirement 612
system only when the employee has made payment, to be computed on 613
the salary earned from the date of appointment to the date 614
16
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 615
employer has made payment of the corresponding full liability as 616
provided by section 145.44 of the Revised Code. "Prior service" 617
also means all service credited for active duty with the armed 618
forces of the United States as provided in section 145.30 of the 619
Revised Code.
If an employee who has been granted prior service credit by 621
the public employees retirement system for service rendered prior 622
to January 1, 1935, as an employee of a board of education 623
establishes, before retirement, one year or more of contributing 624
service in the state teachers retirement system or school 625
employees retirement system, then the prior service ceases to be
the liability of this system. 626
If the board determines that a position of any member in 628
any calendar year prior to January 1, 1935, was a part-time 629
position, the board shall determine what fractional part of a 630
year's credit shall be allowed by the following formula: 631
(1) When the member has been either elected or appointed 633
to an office the term of which was two or more years and for 634
which an annual salary is established, the fractional part of the 635
year's credit shall be computed as follows: 636
First, when the member's annual salary is one thousand 638
dollars or less, the service credit for each such calendar year 639
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 641
above one thousand dollars, the member's service credit for each 642
such calendar year shall be increased by two and one-half per 643
cent.
(2) When the member is paid on a per diem basis, the 645
service credit for any single year of the service shall be 646
determined by using the number of days of service for which the 647
compensation was received in any such year as a numerator and 648
using two hundred fifty days as a denominator.
17
(3) When the member is paid on an hourly basis, the 650
service credit for any single year of the service shall be 651
determined by using the number of hours of service for which the 652
compensation was received in any such year as a numerator and 653
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 655
the employees' savings fund created by section 145.23 of the 656
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 658
person or persons who, as the result of the death of a member, 659
contributor, or retirant, qualify for or are receiving some right 660
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 662
section 145.37 of the Revised Code, means all service credited to 663
a member of the retirement system since last becoming a member, 664
including restored service credit as provided by section 145.31 665
of the Revised Code; credit purchased under sections 145.293 and 666
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 667
provided in this chapter; all service credit established pursuant 668
to section 145.297 of the Revised Code; and any other service 669
credited under this chapter. In addition, "total service credit" 670
includes any period, not in excess of three years, during which a 671
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 672
of satisfying the service credit requirement and of determining 673
eligibility for benefits under sections 145.32, 145.33, 145.331, 674
145.35, 145.36, and 145.361 of the Revised Code, "five or more 675
years of total service credit" means sixty or more calendar 676
months of contributing service in this system.
(2) "One and one-half years of contributing service 678
credit," as used in division (B) of section 145.45 of the Revised 679
Code, also means eighteen or more calendar months of employment 680
by a municipal corporation that formerly operated its own 681
18
retirement plan for its employees or a part of its employees, 682
provided that all employees of that municipal retirement plan who 683
have eighteen or more months of such employment, upon 684
establishing membership in the public employees retirement 685
system, shall make a payment of the contributions they would have 686
paid had they been members of this system for the eighteen months 687
of employment preceding the date membership was established. 688
When that payment has been made by all such employee members, a 690
corresponding payment shall be paid into the employers' 691
accumulation fund by that municipal corporation as the employer 692
of the employees. 693
(3) Where a member also is a member of the state teachers 695
retirement system or the school employees retirement system, or 696
both, except in cases of retirement on a combined basis pursuant 697
to section 145.37 of the Revised Code, service credit for any 698
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 700
total contributions in all state retirement systems. 701
(4) Not more than one year of credit may be given for any 703
period of twelve months. 704
(5) "Ohio service credit" means credit for service that 706
was rendered to the state or any of its political subdivisions or 707
any employer.
(I) "Regular or current interest" means interest at any 709
rates for the respective funds and accounts as the public 710
employees retirement board may determine from time to time, 711
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 713
shall discontinue the annual crediting of current interest to the 714
individual accounts of contributors. The noncrediting of current 715
interest shall not affect the rate of interest at retirement 716
guaranteed under division (I) of this section. 717
(2) The rate of interest credited on a contributor's 719
contributions at retirement shall be four per cent per annum, 720
19
compounded annually, to and including December 31, 1955; three 721
per cent per annum, compounded annually, from January 1, 1956, to 722
and including December 31, 1963; three and one-quarter per cent 723
per annum, compounded annually, from January 1, 1964, to and 724
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 725
In determining the reserve value for the purpose of 727
computing the amount of the contributor's annuity, the rate of 728
interest used in the annuity values shall be four per cent per 729
annum, compounded annually, for contributors retiring before 730
October 1, 1956, and after December 31, 1969; three per cent per 731
annum, compounded annually, for contributors retiring between 733
October 1, 1956, and December 31, 1963; and three and one-quarter 734
per cent per annum, compounded annually, for contributors 735
retiring from January 1, 1964, to December 31, 1969. Interest on 736
contributions from contributors within any one calendar year 737
shall begin on the first day of the calendar year next following 738
and shall be computed at the end of each calendar year, except in 739
the case of a contributor who retires before the end of the year. 740
(J) "Accumulated contributions" means the sum of all 742
amounts credited to a contributor's individual account in the 743
employees' savings fund together with any current interest 744
thereon, but does not include the interest adjustment at 745
retirement. 746
(K)(1) "Final average salary" means the quotient obtained 748
by dividing by three the sum of the three full calendar years of 749
contributing service in which the member's earnable salary was 750
highest, except that if the member has a partial year of 751
contributing service in the year the member's employment 752
terminates and the member's earnable salary for the partial year 753
is higher than for any comparable period in the three years, the 754
member's earnable salary for the partial year shall be 755
substituted for the member's earnable salary for the comparable 756
period during the three years in which the member's earnable 757
20
salary was lowest.
(2) If a member has less than three years of contributing 759
service, the member's final average salary shall be the member's 760
total earnable salary divided by the total number of years, 761
including any fraction of a year, of the member's contributing 762
service.
(3) For the purpose of calculating benefits payable to a 764
member qualifying for service credit under division (Z) of this 765
section, "final average salary" means the total earnable salary 766
on which contributions were made divided by the total number of 767
years during which contributions were made, including any 768
fraction of a year. If contributions were made for less than 769
twelve months, "final average salary" means the member's total 770
earnable salary. 771
(L) "Annuity" means payments for life derived from 773
contributions made by a contributor and paid from the annuity and 774
pension reserve fund as provided in this chapter. All annuities 775
shall be paid in twelve equal monthly installments. 776
(M) "Annuity reserve" means the present value, computed 778
upon the basis of the mortality and other tables adopted by the 779
board, of all payments to be made on account of any annuity, or 780
benefit in lieu of any annuity, granted to a retirant as provided 781
in this chapter.
(N)(1) "Disability retirement" means retirement as 783
provided in section 145.36 of the Revised Code. 784
(2) "Disability allowance" means an allowance paid on 786
account of disability under section 145.361 of the Revised Code. 787
(3) "Disability benefit" means a benefit paid as 789
disability retirement under section 145.36 of the Revised Code, 790
as a disability allowance under section 145.361 of the Revised 791
Code, or as a disability benefit under section 145.37 of the 792
Revised Code.
(4) "Disability benefit recipient" means a member who is 794
receiving a disability benefit. 795
21
(O) "Age and service retirement" means retirement as 797
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 798
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 800
contributions made by the employer that at the time of retirement 801
are credited into the annuity and pension reserve fund from the 802
employers' accumulation fund and paid from the annuity and 803
pension reserve fund as provided in this chapter. All pensions 804
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 806
portion of the benefit derived from contributions made by the 807
member.
(R)(1) Except as otherwise provided in division (R) of 810
this section, "earnable salary" means all salary, wages, and 811
other earnings paid to a contributor by reason of employment in a 812
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 813
the amount required to be contributed to the employees' savings 814
fund under section 145.47 of the Revised Code and without regard 815
to whether any of the salary, wages, or other earnings are 816
treated as deferred income for federal income tax purposes. 817
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 819
wages, or other earnings for sick leave, personal leave, or 820
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 822
sick leave, personal leave, and vacation leave accrued, but not 823
used if the payment is made during the year in which the leave is 825
accrued, except that payments made pursuant to section 124.383 or 826
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 828
consisting of housing, laundry, and meals, as certified to the 829
retirement board by the employer or the head of the department 830
that employs the contributor;
22
(d) Fees and commissions paid under section 507.09 of the 832
Revised Code;
(e) Payments that are made under a disability leave 834
program sponsored by the employer and for which the employer is 835
required by section 145.296 of the Revised Code to make periodic 836
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 838
of this section.
(2) "Earnable salary" does not include any of the 840
following:
(a) Fees and commissions, other than those paid under 842
section 507.09 of the Revised Code, paid as sole compensation for 843
personal services and fees and commissions for special services 844
over and above services for which the contributor receives a 845
salary;
(b) Amounts paid by the employer to provide life 847
insurance, sickness, accident, endowment, health, medical, 848
hospital, dental, or surgical coverage, or other insurance for 849
the contributor or the contributor's family, or amounts paid by 850
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 852
parking, or services furnished by the employer, or use of the 853
employer's property or equipment, or amounts paid by the employer 854
to the contributor in lieu of providing the incidental benefits; 855
(d) Reimbursement for job-related expenses authorized by 857
the employer, including moving and travel expenses and expenses 858
related to professional development; 859
(e) Payments for accrued, but unused sick leave, personal 861
leave, or vacation that are made at any time other than in the 863
year in which the sick leave, personal leave, or vacation was 864
accrued;
(f) Payments made to or on behalf of a contributor that 866
are in excess of the annual compensation that may be taken into 867
23
account by the retirement system under division (a)(17) of 868
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 869
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 871
5923.05 of the Revised Code or Section 4 of Substitute Senate 872
Bill No. 3 of the 119th general assembly; 873
(h) Anything of value received by the contributor that is 875
based on or attributable to retirement or an agreement to retire, 876
except that payments made on or before January 1, 1989, that are 877
based on or attributable to an agreement to retire shall be 878
included in earnable salary if both of the following apply: 879
(i) The payments are made in accordance with contract 881
provisions that were in effect prior to January 1, 1986; 882
(ii) The employer pays the retirement system an amount 884
specified by the retirement board equal to the additional 885
liability resulting from the payments. 886
(3) The retirement board shall determine by rule whether 888
any compensation not enumerated in division (R) of this section 889
is earnable salary, and its decision shall be final. 891
(S) "Pension reserve" means the present value, computed 893
upon the basis of the mortality and other tables adopted by the 894
board, of all payments to be made on account of any retirement 895
allowance or benefit in lieu of any retirement allowance, granted 896
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 898
to a member of the system since January 1, 1935, for which 899
contributions are made as required by sections 145.47, 145.48, 900
and 145.483 of the Revised Code. In any year subsequent to 1934, 901
credit for any service shall be allowed by the following formula: 902
(a) For each month for which the member's earnable salary 904
is two hundred fifty dollars or more, allow one month's credit. 905
(b) For each month for which the member's earnable salary 907
is less than two hundred fifty dollars, allow a fraction of a 908
month's credit. The numerator of this fraction shall be the 909
24
earnable salary during the month, and the denominator shall be 910
two hundred fifty dollars, except that if the member's annual 911
earnable salary is less than six hundred dollars, the member's
credit shall not be reduced below twenty per cent of a year for a 912
calendar year of employment during which the member worked each 913
month. Division (T)(1)(b) of this section shall not reduce any 915
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 917
elected official who prior to January 1, 1980, was granted a full 918
year of credit for each year of service as an elected official 919
shall be considered to have earned a full year of credit for each 920
year of service regardless of whether the service was full-time 921
or part-time. The public employees retirement board has no
authority to reduce the credit. 922
(U) "State retirement board" means the public employees 924
retirement board, the school employees retirement board, or the 925
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 927
receiving a monthly allowance as provided in sections 145.32, 928
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 929
(W) "Employer contribution" means the amount paid by an 931
employer as determined by the employer rate including the normal 932
and deficiency contribution rates. 933
(X) "Public service terminates" means the last day for 935
which a public employee is compensated for services performed for 936
an employer or the date of the employee's death, whichever occurs 937
first.
(Y) When a member has been elected or appointed to an 939
office, the term of which is two or more years, for which an 940
annual salary is established, and in the event that the salary of 941
the office is increased and the member is denied the additional 942
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 943
to have the amount of the member's contributions calculated upon 944
25
the basis of the increased salary for the office. At the 945
member's request, the board shall compute the total additional 946
amount the member would have contributed, or the amount by which 947
each of the member's contributions would have increased, had the 948
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 949
member's contribution would have increased withheld from the 950
member's salary, the member shall notify the employer, and the 951
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 952
amount withheld may elect at any time to make a payment to the 953
retirement system equal to the additional amount the member's 954
contribution would have increased, plus interest on that 955
contribution, compounded annually at a rate established by the 956
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 957
payment. A member may make a payment for part of the period for 958
which the increased contribution was not withheld, in which case 959
the interest shall be computed from the date the last 960
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 961
contributions as provided in this division, the increased annual 962
salary as provided by law for the office for the period for which 963
the member paid increased contributions thereon shall be used in 964
determining the member's earnable salary for the purpose of 965
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 967
purpose of satisfying the service credit requirements and of 968
determining eligibility for benefits under section 145.33 of the 969
Revised Code, means employment covered under this chapter or 970
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 971
combination of the coverage. 973
(AA) "Deputy sheriff" means any person who is commissioned 975
26
and employed as a full-time peace officer by the sheriff of any 976
county, and has been so employed since on or before December 31, 977
1965, and whose primary duties are to preserve the peace, to 978
protect life and property, and to enforce the laws of this state; 979
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 980
and who has received a certificate attesting to the person's 981
satisfactory completion of the peace officer training school as 982
required by section 109.77 of the Revised Code and whose primary 983
duties are to preserve the peace, protect life and property, and 984
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 985
the Revised Code as a criminal bailiff or court constable who has 986
received a certificate attesting to the person's satisfactory 987
completion of the peace officer training school as required by 988
section 109.77 of the Revised Code and whose primary duties are 989
to preserve the peace, protect life and property, and enforce the 990
laws of this state.
(BB) "Township constable or police officer in a township 992
police department or district" means any person who is 993
commissioned and employed as a full-time peace officer pursuant 994
to Chapter 505. or 509. of the Revised Code, who has received a 995
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 996
of the Revised Code, and whose primary duties are to preserve the 997
peace, protect life and property, and enforce the laws of this 998
state.
(CC) "Drug agent" means any person who is either of the 1,000
following:
(1) Employed full-time as a narcotics agent by a county 1,002
narcotics agency created pursuant to section 307.15 of the 1,003
Revised Code and has received a certificate attesting to the 1,004
satisfactory completion of the peace officer training school as 1,005
required by section 109.77 of the Revised Code;
27
(2) Employed full-time as an undercover drug agent as 1,007
defined in section 109.79 of the Revised Code and is in 1,008
compliance with section 109.77 of the Revised Code. 1,009
(DD) "Liquor control investigator DEPARTMENT OF PUBLIC 1,011
SAFETY ENFORCEMENT AGENT" means a full-time employee of the 1,012
department of public safety who is engaged in the enforcement of 1,013
Chapters 4301. and 4303. DESIGNATED UNDER SECTION 5502.14 of the 1,014
Revised Code AS AN ENFORCEMENT AGENT and WHO is in compliance 1,015
with section 109.77 of the Revised Code. 1,017
(EE) "Natural resources law enforcement staff officer" 1,019
means a full-time employee of the department of natural resources 1,020
who is designated a natural resources law enforcement staff 1,021
officer under section 1501.013 of the Revised Code and is in 1,024
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 1,026
department of natural resources who is designated a park officer 1,028
under section 1541.10 of the Revised Code and is in compliance 1,029
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 1,031
department of natural resources who is designated a forest 1,033
officer under section 1503.29 of the Revised Code and is in 1,034
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 1,037
department of natural resources who is designated a preserve 1,038
officer under section 1517.10 of the Revised Code and is in 1,040
compliance with section 109.77 of the Revised Code. 1,042
(II) "Wildlife officer" means a full-time employee of the 1,044
department of natural resources who is designated a wildlife 1,046
officer under section 1531.13 of the Revised Code and is in 1,047
compliance with section 109.77 of the Revised Code. 1,048
(JJ) "State watercraft officer" means a full-time employee 1,051
of the department of natural resources who is designated a state 1,052
watercraft officer under section 1547.521 of the Revised Code and 1,053
is in compliance with section 109.77 of the Revised Code. 1,054
28
(KK) "Park district police officer" means a full-time 1,056
employee of a park district who is designated pursuant to section 1,058
511.232 or 1545.13 of the Revised Code and is in compliance with 1,059
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 1,061
employee of a conservancy district who is designated pursuant to 1,063
section 6101.75 of the Revised Code and is in compliance with 1,064
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 1,066
organized police department of a municipal corporation who is 1,068
employed full-time, is in compliance with section 109.77 of the 1,069
Revised Code, and is not a member of the police and firemen's 1,070
disability and pension fund.
(NN) "Ohio veterans' home police officer" means any person 1,073
who is employed at the Ohio veterans' home as a police officer 1,074
pursuant to section 5907.02 of the Revised Code and is in 1,075
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 1,077
institution" means any person who is designated as such pursuant 1,079
to section 5119.14 of the Revised Code and is in compliance with 1,080
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 1,082
mentally retarded and developmentally disabled" means any person 1,084
who is designated as such pursuant to section 5123.13 of the 1,085
Revised Code and is in compliance with section 109.77 of the 1,086
Revised Code.
(QQ) "State university law enforcement officer" means any 1,088
person who is employed full-time as a state university law 1,090
enforcement officer pursuant to section 3345.04 of the Revised 1,091
Code and who is in compliance with section 109.77 of the Revised 1,092
Code.
(RR) "Hamilton county municipal court bailiff" means a 1,094
person appointed by the clerk of courts of the Hamilton county 1,096
municipal court under division (A)(3) of section 1901.32 of the 1,097
29
Revised Code who is employed full-time as a bailiff or deputy 1,098
bailiff, who has received a certificate attesting to the person's 1,099
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 1,100
and whose primary duties are to preserve the peace, to protect 1,101
life and property, and to enforce the laws of this state. 1,102
(SS) Notwithstanding section 2901.01 of the Revised Code, 1,104
"law enforcement officer" means a sheriff, deputy sheriff, 1,106
township constable or police officer in a township police 1,107
department or district, drug agent, liquor control investigator 1,108
DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT, natural resources 1,109
law enforcement staff officer, park officer, forest officer, 1,110
preserve officer, wildlife officer, state watercraft officer, 1,112
park district police officer, conservancy district officer, Ohio
veterans' home police officer, special police officer for a 1,113
mental health institution, special police officer for an 1,114
institution for the mentally retarded and developmentally 1,115
disabled, state university law enforcement officer, Hamilton 1,116
county municipal court bailiff, or municipal police officer.
(TT) "Fiduciary" means a person who does any of the 1,118
following: 1,119
(1) Exercises any discretionary authority or control with 1,121
respect to the management of the system or with respect to the 1,122
management or disposition of its assets; 1,123
(2) Renders investment advice for a fee, direct or 1,125
indirect, with respect to money or property of the system; 1,126
(3) Has any discretionary authority or responsibility in 1,128
the administration of the system. 1,129
(UU) "Actuary" means an individual who satisfies all of 1,131
the following requirements: 1,133
(1) Is a member of the American academy of actuaries; 1,135
(2) Is an associate or fellow of the society of actuaries; 1,137
(3) Has a minimum of five years' experience in providing 1,139
actuarial services to public retirement plans. 1,140
30
Sec. 145.33. (A) Except as provided in division (B) of 1,149
this section, a member with at least five years of total service 1,150
credit who has attained age sixty, or who has thirty years of 1,152
total Ohio service credit, may apply for age and service
retirement, which shall consist of: 1,153
(1) An annuity having a reserve equal to the amount of the 1,155
member's accumulated contributions at that time; 1,156
(2) A pension equal to the annuity provided by division 1,158
(A)(1) of this section; 1,159
(3) An additional pension, if the member can qualify for 1,161
prior service, equal to forty dollars multiplied by the number of 1,162
years, and fraction thereof, of such prior and military service 1,163
credit; 1,164
(4) A basic annual pension equal to one hundred eighty 1,166
dollars if the member has ten or more years of total service 1,167
credit as of October 1, 1956, except that the basic annual 1,168
pension shall not exceed the sum of the annual benefits provided 1,169
by divisions (A)(1), (2), and (3) of this section. The cost of 1,170
the basic annual pension shall be included in the deficiency 1,171
contribution provided by sections 145.48 and 145.50 of the 1,172
Revised Code. 1,173
(5) When a member retires on age and service retirement, 1,175
the member's total annual single lifetime allowance, including 1,177
the allowances provided in divisions (A)(1), (2), (3), and (4) of 1,178
this section, shall be not less than a base amount adjusted in 1,179
accordance with division (A)(5) of this section and determined by 1,181
multiplying the member's total service credit by the greater of 1,182
the following:
(a) Eighty-six dollars; 1,184
(b) Two and one-tenth per cent of the member's final 1,186
average salary for each of the first thirty years of service plus 1,188
two and one-half per cent of the member's final average salary 1,189
for each subsequent year of service. 1,190
The allowance shall be adjusted by the factors of attained 1,192
31
age or years of service to provide the greater amount as 1,193
determined by the following schedule: 1,194
Years of Percentage 1,196
Attained or Total Service of 1,197
Birthday Credit Base Amount 1,198
58 25 75 1,200
59 26 80 1,201
60 27 85 1,202
61 88 1,203
28 90 1,204
62 91 1,205
63 94 1,206
29 95 1,207
64 97 1,208
65 30 or more 100 1,209
Members shall vest the right to a benefit in accordance 1,212
with the following schedule, based on the member's attained age 1,213
by September 1, 1976: 1,214
Percentage 1,216
Attained of 1,217
Birthday Base Amount 1,218
66 102 1,219
67 104 1,220
68 106 1,221
69 108 1,222
70 or more 110 1,223
(6) The total annual single lifetime allowance that a 1,226
member shall receive under division (A)(5) of this section shall 1,227
not exceed the lesser of one hundred per cent of the member's 1,229
final average salary or the limit established by section 415 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,230
415, as amended. 1,231
(B)(1) A member who has at least twenty-five years of 1,233
total service credit, including credit for military service under 1,234
32
division (C)(2) of this section, while serving as a law 1,236
enforcement officer and who has attained age fifty-two may apply 1,237
for an age and service retirement benefit, which shall consist of 1,239
an annual single lifetime allowance equal to the sum of two and 1,240
one-half per cent of the member's final average salary multiplied 1,241
by the first twenty years of the member's total service plus two 1,242
and one-tenth per cent of the member's final average salary 1,243
multiplied by the number of years of the member's total service 1,244
credit in excess of twenty years, except that no allowance shall 1,245
exceed the lesser of ninety per cent of the member's final 1,246
average salary or the limit established by section 415 of the 1,247
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 1,248
as amended.
(2) A member who has at least fifteen years of total 1,250
service credit, including credit for military service under 1,251
division (C)(2) of this section, while serving as a law 1,253
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 1,254
consist of an annual single lifetime allowance computed as 1,255
provided in division (B)(1) of this section. The benefit shall 1,256
not exceed the limit established by section 415 of the "Internal 1,257
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,258
amended. 1,259
(3) A member with at least fifteen years of total service 1,261
credit, including credit for military service under division 1,262
(C)(2) of this section, while serving as a law enforcement 1,263
officer who voluntarily resigns or is discharged for any reason 1,265
except death, dishonesty, cowardice, intemperate habits, or 1,266
conviction of a felony may apply for an age and service 1,267
retirement benefit, which shall consist of an annual single 1,268
lifetime allowance equal to one and one-half per cent of the 1,269
member's final average salary multiplied by the number of years 1,270
of the member's total service credit. The benefit shall not 1,271
exceed the limit established by section 415 of the "Internal 1,272
33
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,273
amended. The allowance shall commence on the first day of the 1,274
calendar month following the month in which the application is 1,275
filed with the public employees retirement board on or after the 1,276
attainment by the applicant of age fifty-two. 1,277
(4) A member who has at least twenty-five years of total 1,279
service credit, including credit for military service under 1,280
division (C)(2) of this section, while serving as a law 1,281
enforcement officer who voluntarily resigns or is discharged for 1,282
any reason except death, dishonesty, cowardice, intemperate 1,284
habits, or conviction of a felony, on or after the date of 1,285
attaining forty-eight years of age, but before the date of 1,286
attaining fifty-two years of age, may elect to receive a reduced 1,287
benefit as determined by the following schedule: 1,288
Attained Age Reduced Benefit 1,290
48 75% of the benefit payable under 1,292
division (B)(1) of this section 1,293
49 80% of the benefit payable under 1,294
division (B)(1) of this section 1,295
50 86% of the benefit payable under 1,296
division (B)(1) of this section 1,297
51 93% of the benefit payable under 1,298
division (B)(1) of this section 1,299
A member who has at least twenty-five years of law 1,302
enforcement service credit, upon attaining forty-eight, 1,303
forty-nine, fifty, or fifty-one years of age, may elect to retire 1,304
and receive a reduced benefit determined by the above schedule. 1,305
If a member elects to receive a reduced benefit on or after 1,307
the date of attaining forty-eight years of age, but before the 1,309
date of attaining forty-nine years of age, the reduced benefit is 1,310
payable from the date the member attained forty-eight years of 1,311
age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to 1,312
receive a reduced benefit on or after the date of attaining 1,313
34
forty-nine years of age, but before the date of attaining fifty 1,315
years of age, the reduced benefit is payable from the date the 1,316
member attained forty-nine years of age or from the date the 1,317
member becomes eligible to receive the reduced benefit, whichever 1,318
is later. If a member elects to receive a reduced benefit on or 1,319
after the date of attaining fifty years of age, but before the 1,320
date of attaining fifty-one years of age, the reduced benefit is 1,321
payable from the date the member attained fifty years of age or 1,322
from the date the member becomes eligible to receive the reduced 1,323
benefit, whichever is later. If a member elects to receive a 1,324
reduced benefit on or after the date of attaining fifty-one years 1,325
of age, but before the date of attaining fifty-two years of age, 1,327
the reduced benefit is payable from the date the member attained 1,328
fifty-one years of age or from the date the member becomes 1,329
eligible to receive the reduced benefit, whichever is later. 1,330
Once a member elects to receive a reduced benefit 1,332
determined by the above schedule and has received a payment, the 1,333
member may not reelect to change that election. 1,334
If a member who has resigned or been discharged has left on 1,336
deposit the member's accumulated contributions in the employees' 1,337
savings fund and has not elected to receive a reduced benefit 1,338
determined by the above schedule, upon attaining fifty-two years 1,340
of age, the member shall be entitled to receive a benefit 1,341
computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement 1,343
officer and other service credit under this chapter may elect one 1,345
of the following: 1,346
(a) To have all the member's service credit under this 1,348
chapter, including credit for service as a law enforcement 1,350
officer, used in calculating a retirement allowance under 1,351
division (A) of this section if the member qualifies for an 1,352
allowance under that division; 1,353
(b) If the member qualifies for an allowance under 1,355
division (B) of this section, to have the member's service credit 1,356
35
as a law enforcement officer used in calculating a benefit under 1,357
that division and the member's credit for all service other than 1,358
law enforcement service under this chapter used in calculating a 1,359
benefit consisting of a single life annuity having a reserve 1,360
equal to the amount of the member's accumulated contributions and 1,361
an equal amount of the employer's contributions. 1,362
(2) Notwithstanding sections 145.01 and 145.30 of the 1,364
Revised Code, no more than four years of military service credit 1,365
granted under section 145.30 of the Revised Code and five years 1,366
of military service credit purchased under section 145.301 or 1,367
145.302 of the Revised Code shall be used in calculating service 1,368
as a law enforcement officer or the total service credit of that 1,369
person.
(3) Only credit for the member's service as a law 1,371
enforcement officer or service credit obtained as a police 1,372
officer or state highway patrol trooper shall be used in 1,373
computing the benefits under division (B) of this section for the 1,374
following:
(a) Any person who originally is commissioned and employed 1,376
as a deputy sheriff by the sheriff of any county, or who 1,377
originally is elected sheriff, on or after January 1, 1975; 1,378
(b) Any deputy sheriff who originally is employed as a 1,380
criminal bailiff or court constable on or after April 16, 1993; 1,381
(c) Any person who originally is appointed as a township 1,383
constable or police officer in a township police department or 1,384
district on or after January 1, 1981; 1,385
(d) Any person who originally is employed as a county 1,387
narcotics agent on or after September 26, 1984; 1,388
(e) Any person who originally is employed as an undercover 1,390
drug agent as defined in section 109.79 of the Revised Code, 1,391
DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT WHO PRIOR TO THE 1,392
EFFECTIVE DATE OF THIS AMENDMENT WAS A liquor control 1,393
investigator, park officer, forest officer, wildlife officer, 1,394
state watercraft officer, park district police officer, 1,396
36
conservancy district officer, Ohio veterans' home police officer, 1,397
special police officer for a mental health institution, special 1,398
police officer for an institution for the mentally retarded and 1,400
developmentally disabled, or municipal police officer on or after 1,401
December 15, 1988;
(f) Any person who originally is employed as a state 1,403
university law enforcement officer on or after November 6, 1996; 1,406
(g) Any person who originally is employed as a Hamilton 1,408
county municipal court bailiff on or after November 6, 1996; 1,410
(h) Any person who is originally employed as a state 1,412
university law enforcement officer by the university of Akron on 1,413
or after September 16, 1998; 1,414
(i) Any person who originally is employed as a preserve 1,415
officer on or after the effective date of this amendment MARCH 1,416
18, 1999; 1,417
(j) Any person who originally is employed as a natural 1,419
resources law enforcement staff officer on or after the effective 1,420
date of this amendment MARCH 18, 1999; 1,421
(k) ANY PERSON WHO IS ORIGINALLY EMPLOYED AS A DEPARTMENT 1,423
OF PUBLIC SAFETY ENFORCEMENT AGENT ON OR AFTER THE EFFECTIVE DATE 1,424
OF THIS AMENDMENT. 1,425
(D) Retirement allowances determined under this section 1,427
shall be paid as provided in section 145.46 of the Revised Code. 1,428
(E) FOR THE PURPOSES OF THIS SECTION, SERVICE PRIOR TO THE 1,430
EFFECTIVE DATE OF THIS AMENDMENT AS A FOOD STAMP TRAFFICKING 1,431
AGENT UNDER FORMER SECTION 5502.14 OF THE REVISED CODE SHALL BE 1,432
CONSIDERED SERVICE AS A LAW ENFORCEMENT OFFICER. 1,433
Sec. 742.63. The board of trustees of the police and 1,442
firemen's disability and pension fund shall adopt rules for the 1,444
management of the firemen and policemen's death benefit fund and 1,446
for disbursements of benefits as set forth in this section. 1,447
(A) As used in this section: 1,449
(1) "Member" means a member of the police and firemen's 1,451
disability and pension fund or the state highway patrol 1,452
37
retirement system, or a member of the public employees retirement 1,453
system who at the time of the member's death was a county sheriff 1,454
or deputy sheriff, a full-time regular police officer in a 1,455
municipal corporation or township, a full-time regular 1,456
firefighter employed by the state, an instrumentality of the 1,458
state, a municipal corporation, a township, a joint fire 1,459
district, or another political subdivision, a full-time park 1,460
district ranger or patrol trooper, a full-time law enforcement 1,461
officer of the department of natural resources, a full-time 1,462
liquor control investigator of the department of public safety 1,463
ENFORCEMENT AGENT, a full-time law enforcement officer of parks, 1,466
waterway lands, or reservoir lands under the control of a 1,467
municipal corporation, a full-time law enforcement officer of a
conservancy district, a correction officer at an institution 1,468
under the control of a county, a group of counties, a municipal 1,469
corporation, or the department of rehabilitation and correction, 1,470
a state university law enforcement officer, or a member of a 1,471
retirement system operated by a municipal corporation who at the 1,472
time of death was a full-time law enforcement officer of parks, 1,474
waterway lands, or reservoir lands under the control of the 1,475
municipal corporation.
(2) Notwithstanding section 742.01 of the Revised Code, 1,477
"fire or police department" includes a fire department of the 1,478
state or an instrumentality of the state or of a municipal 1,479
corporation, township, joint fire district, or other political 1,480
subdivision, the state highway patrol, a county sheriff's office, 1,481
the security force of an institution under the control of the 1,482
department of rehabilitation and correction, the security force 1,483
of a jail or workhouse under the control of a county, group of 1,484
counties, or municipal corporation, the security force of a 1,485
metropolitan, county, or township park district, the security 1,486
force of lands under the control of the department of natural 1,487
resources, the security force of liquor control investigators of 1,488
the department of public safety ENFORCEMENT AGENTS, the security 1,489
38
force of parks, waterway lands, or reservoir lands under the 1,491
control of a municipal corporation, the security force of a 1,492
conservancy district, the police department of a township or 1,493
municipal corporation, and the police force of a state 1,494
university.
(3) "Firefighter or police officer" includes a state 1,497
highway patrol trooper, a county sheriff or deputy sheriff, a 1,498
correction officer at an institution under the control of a 1,499
county, a group of counties, a municipal corporation, or the 1,500
department of rehabilitation and correction, a police officer 1,501
employed by a township or municipal corporation, a firefighter 1,503
employed by the state, an instrumentality of the state, a 1,505
municipal corporation, a township, a joint fire district, or 1,506
another political subdivision, a full-time park district ranger 1,507
or patrol trooper, a full-time law enforcement officer of the 1,509
department of natural resources, a full-time liquor control 1,510
investigator of the department of public safety ENFORCEMENT 1,511
AGENT, a full-time law enforcement officer of parks, waterway 1,512
lands, or reservoir lands under the control of a municipal 1,513
corporation, a full-time law enforcement officer of a conservancy 1,514
district, and a state university law enforcement officer. 1,515
(4) "Correction officer" includes, in addition to any 1,517
correction officer, any correction corporal, sergeant, 1,518
lieutenant, or captain, and the equivalents of all such persons. 1,519
(5) "A park district ranger or patrol trooper" means a 1,522
peace officer commissioned to make arrests, execute warrants, and 1,523
preserve the peace upon lands under the control of a board of 1,524
park commissioners of a metropolitan, county, or township park 1,525
district. 1,526
(6) "Metropolitan, county, or township park district" 1,528
means a park district created under the authority of Chapter 511. 1,529
or 1545. of the Revised Code. 1,530
(7) "Conservancy district" means a conservancy district 1,532
created under the authority of Chapter 6101. of the Revised Code. 1,533
39
(8) "Law enforcement officer" means an officer 1,535
commissioned to make arrests, execute warrants, and preserve the 1,536
peace upon lands under the control of the governmental entity 1,537
granting the commission. 1,538
(9) "Department of natural resources law enforcement 1,540
officer" includes a forest officer designated pursuant to section 1,541
1503.29 of the Revised Code, a preserve officer designated 1,542
pursuant to section 1517.10 of the Revised Code, a wildlife 1,543
officer designated pursuant to section 1531.13 of the Revised 1,544
Code, a park officer designated pursuant to section 1541.10 of 1,545
the Revised Code, and a state watercraft officer designated 1,546
pursuant to section 1547.521 of the Revised Code. 1,547
(10) "Retirement eligibility date" means the last day of 1,549
the month in which a deceased member would have first become 1,550
eligible, had the member lived, for the retirement pension 1,551
provided under section 145.33, division (C)(1) of section 742.37, 1,552
or division (A)(1) of section 5505.17 of the Revised Code or 1,553
provided by a retirement system operated by a municipal 1,554
corporation.
(11) "Death benefit amount" means an amount equal to the 1,556
full monthly salary received by a deceased member prior to death, 1,557
minus an amount equal to the benefit received under section 1,558
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 1,559
benefit received from a retirement system operated by a municipal 1,560
corporation, plus any increases in salary that would have been
granted the deceased member. 1,561
(12) "Killed in the line of duty" means either of the 1,563
following:
(a) Death in the line of duty; 1,565
(b) Death from injury sustained in the line of duty, 1,568
including heart attack or other fatal injury or illness caused
while in the line of duty. 1,569
(B) A spouse of a deceased member shall receive a death 1,571
benefit each month equal to the full death benefit amount, 1,572
40
provided that the deceased member was a firefighter or police 1,573
officer killed in the line of duty and there are no surviving 1,574
children eligible for a benefit under this section. The spouse 1,575
shall receive this benefit during the spouse's natural life until 1,577
the earlier of the deceased member's retirement eligibility date 1,578
or the spouse's remarriage, on which date the benefit provided 1,579
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 1,581
firefighter or police officer is survived only by a child or 1,584
children, the child or children shall receive a benefit each 1,585
month equal to the full death benefit amount. If there is more 1,586
than one surviving child, the benefit shall be divided equally 1,588
among these children.
(2) If the death benefit paid under this division is 1,590
divided among two or more surviving children and any of the 1,591
children become ineligible to continue receiving a portion of the 1,592
benefit as provided in division (H) of this section, the full 1,593
death benefit amount shall be paid to the remaining eligible 1,594
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 1,595
death benefit amount. 1,596
(3) Notwithstanding divisions (C)(1) and (2) of this 1,599
section, all death benefits paid under this division shall 1,600
terminate on the deceased member's retirement eligibility date. 1,601
(D) If a member killed in the line of duty as a 1,603
firefighter or police officer is survived by both a spouse and a 1,604
child or children, the monthly benefit provided shall be as 1,605
follows: 1,606
(1)(a) If there is a surviving spouse and one surviving 1,608
child, the spouse shall receive an amount each month equal to 1,610
one-half of the full death benefit amount and the child shall 1,612
receive an amount equal to one-half of the full death benefit 1,613
amount.
(b) If the surviving spouse becomes ineligible to continue 1,615
41
receiving a death benefit due to remarriage or death, or the 1,616
child becomes ineligible as provided in division (H) of this 1,617
section, the surviving spouse or child remaining eligible shall 1,618
receive the full death benefit amount. 1,619
(2)(a) If there is a surviving spouse and more than one 1,621
child, the spouse shall receive an amount each month equal to 1,623
one-third of the full death benefit amount and the children shall 1,625
receive an amount, equally divided among them, equal to 1,626
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 1,628
a death benefit under division (D)(2)(a) of this section and the 1,630
spouse becomes ineligible to receive a benefit due to remarriage 1,631
or death, the children shall receive an amount each month,
equally divided among them, equal to the full death benefit 1,632
amount.
(c) If a spouse and more than one child each are receiving 1,634
a benefit under division (D)(2)(a) of this section and any of the 1,636
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 1,637
child or children shall receive a death benefit as follows: 1,638
(i) If there are two or more remaining eligible children, 1,640
the spouse shall receive an amount each month equal to one-third 1,641
of the full death benefit amount and the children shall receive 1,642
an amount each month, equally divided among them, equal to 1,643
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 1,645
shall receive an amount each month equal to one-half of the full 1,646
death benefit amount, and the child shall receive an amount each 1,647
month equal to one-half of the full death benefit amount. 1,648
(d) If a spouse and more than one child each are receiving 1,650
a benefit under division (D)(2)(a) of this section and all of the 1,652
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 1,653
death benefit amount. 1,654
42
(3) Notwithstanding divisions (D)(1) and (2) of this 1,656
section, death benefits paid under this division to a surviving 1,657
spouse shall terminate on the earlier of the member's retirement 1,659
eligibility date or the spouse's remarriage. Death benefits paid 1,660
to a surviving child or children shall terminate on the deceased 1,661
member's retirement eligibility date unless earlier terminated 1,662
pursuant to division (H) of this section. 1,663
(E) If a member, on or after January 1, 1980, is killed in 1,666
the line of duty as a firefighter or police officer and is 1,667
survived by only a parent or parents dependent upon the member 1,669
for support, the parent or parents shall receive an amount each 1,671
month equal to the full death benefit amount. If there is more 1,673
than one surviving parent dependent upon the deceased member for 1,674
support, the death benefit amount shall be divided equally among 1,675
the surviving parents. On the death of one of the surviving 1,676
parents, the full death benefit amount shall be paid to the other
parent. 1,677
(F) A surviving spouse whose benefits are terminated in 1,679
accordance with division (B) or (D)(3) of this section on the 1,680
deceased member's retirement eligibility date, or who would 1,681
qualify for a benefit under division (B) or (D) of this section 1,682
except that the deceased member reached the member's retirement 1,683
eligibility date prior to the member's death, shall receive a 1,684
monthly death benefit under this division. The monthly death 1,686
benefit shall be one-half of an amount equal to the monthly 1,687
salary received by the deceased member prior to the member's 1,688
death, plus any salary increases the deceased member would have 1,690
received prior to the member's retirement eligibility date. The 1,692
benefit shall terminate on the surviving spouse's remarriage or 1,693
death. A death benefit payable under this division shall be 1,695
reduced by an amount equal to any allowance or benefit payable to 1,696
the surviving spouse under section 742.3714 of the Revised Code. 1,697
(G)(1) If there is not a surviving spouse eligible to 1,701
receive a death benefit under division (F) of this section or the 1,702
43
surviving spouse receiving a death benefit under that division 1,703
becomes ineligible to receive the benefit due to remarriage or 1,704
death, a surviving child or children whose benefits under 1,705
division (C) or (D) of this section are or have been terminated 1,706
pursuant to division (C)(3) or (D)(3) of this section or who 1,708
would qualify for a benefit under division (C) or (D) of this 1,709
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 1,710
receive a monthly death benefit under this division. The monthly 1,711
death benefit shall be one-half of an amount equal to the monthly 1,712
salary received by the deceased member prior to the member's 1,713
death, plus any salary increases the member would have received 1,715
prior to the member's retirement eligibility date. If there is 1,716
more than one surviving child, the benefit shall be divided 1,717
equally among the surviving children. 1,718
(2) If two or more surviving children each are receiving a 1,720
benefit under this division and any of those children becomes 1,721
ineligible to continue receiving a benefit as provided in 1,722
division (H) of this section, the remaining eligible child or 1,723
children shall receive an amount equal to one-half of the monthly 1,724
salary received by the deceased member prior to death, plus any 1,725
salary increases the deceased member would have received prior to 1,726
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 1,727
among the eligible children. 1,728
(3) A death benefit, or portion of a death benefit, 1,730
payable to a surviving child under this division shall be reduced 1,731
by an amount equal to any allowance or benefit payable to that 1,732
child under section 742.3714 of the Revised Code, but the 1,733
reduction in that child's benefit shall not affect the amount 1,734
payable to any other surviving child entitled to a portion of the 1,735
death benefit.
(H) A death benefit paid to a surviving child under 1,738
division (C), (D), or (G) of this section shall terminate on the 1,739
44
death of the child or, unless one of the following is the case, 1,740
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 1,742
is unable to provide the child's own support, in which case the 1,743
death benefit shall terminate when the disability is removed; 1,745
(2) The child is unmarried, under age twenty-two, and a 1,747
student in and attending an institution of learning or training 1,748
pursuant to a program designed to complete in each school year 1,749
the equivalent of at least two-thirds of the full-time curriculum 1,750
requirements of the institution, as determined by the trustees of 1,751
the fund.
(I) Acceptance of any death benefit under this section 1,753
does not prohibit a spouse or child from receiving other benefits 1,754
provided under the police and firemen's disability and pension 1,755
fund, the state highway patrol retirement system, the public 1,756
employees retirement system, or a retirement system operated by a 1,757
municipal corporation. 1,758
(J) No person shall receive a benefit under this section 1,760
if any of the following occur: 1,761
(1) The person fails to exercise the right to a monthly 1,763
survivor benefit under division (A) or (B) of section 145.45, 1,764
division (D), (E), or (F) of section 742.37, or division (A)(3), 1,765
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 1,766
survivor benefit from a retirement system operated by a municipal 1,767
corporation; or to a retirement allowance under section 742.3714 1,768
of the Revised Code. 1,769
(2) The member's accumulated contributions under this 1,771
chapter or Chapter 145. or 5505. of the Revised Code are refunded 1,772
unless the member had been a member of the public employees 1,773
retirement system and had fewer than eighteen months of total 1,774
service credit at the time of death. 1,775
(3) In the case of a full-time park district ranger or 1,777
patrol trooper, a full-time law enforcement officer of the 1,779
department of natural resources, a full-time law enforcement 1,780
45
officer of parks, waterway lands, or reservoir lands under the 1,781
control of a municipal corporation, a full-time law enforcement 1,782
officer of a conservancy district, a correction officer at an 1,783
institution under the control of a county, group of counties, or 1,784
municipal corporation, or a member of a retirement system 1,785
operated by a municipal corporation who at the time of the 1,786
member's death was a full-time law enforcement officer of parks, 1,788
waterway lands, or reservoir lands under the control of the 1,789
municipal corporation, the member died prior to April 9, 1981, in 1,790
the case of a benefit under division (B), (C), or (D) of this 1,791
section, or prior to January 1, 1980, in the case of a benefit 1,792
under division (E) of this section. 1,793
(4) In the case of a full-time DEPARTMENT OF PUBLIC SAFETY 1,795
ENFORCEMENT AGENT WHO PRIOR TO THE EFFECTIVE DATE OF THIS 1,796
AMENDMENT WAS A liquor control investigator of the department of 1,798
public safety, the member died prior to December 23, 1986; 1,799
(5) IN THE CASE OF A FULL-TIME DEPARTMENT OF PUBLIC SAFETY 1,801
ENFORCEMENT AGENT OTHER THAN AN ENFORCEMENT AGENT WHO, PRIOR TO 1,802
THE EFFECTIVE DATE OF THIS AMENDMENT, WAS A LIQUOR CONTROL 1,803
INVESTIGATOR, THE MEMBER DIED PRIOR TO THE EFFECTIVE DATE OF THIS 1,804
AMENDMENT.
Sec. 2925.44. (A) If property is seized pursuant to 1,813
section 2925.42 or 2925.43 of the Revised Code, it is deemed to 1,814
be in the custody of the head of the law enforcement agency that 1,815
seized it, and the head of that agency may do any of the 1,816
following with respect to that property prior to its disposition 1,818
in accordance with division (A)(4) or (B) of this section: 1,819
(1) Place the property under seal; 1,821
(2) Remove the property to a place that the head of that 1,823
agency designates; 1,824
(3) Request the issuance of a court order that requires 1,826
any other appropriate municipal corporation, county, township, 1,827
park district created pursuant to section 511.18 or 1545.01 of 1,829
the Revised Code, or state law enforcement officer or other
46
officer to take custody of the property and, if practicable, 1,830
remove it to an appropriate location for eventual disposition in 1,831
accordance with division (B) of this section; 1,832
(4)(a) Seek forfeiture of the property pursuant to federal 1,834
law. If the head of that agency seeks its forfeiture pursuant to 1,835
federal law, the law enforcement agency shall deposit, use, and 1,837
account for proceeds from a sale of the property upon its 1,838
forfeiture, proceeds from another disposition of the property 1,839
upon its forfeiture, or forfeited moneys it receives, in 1,840
accordance with the applicable federal law and otherwise shall 1,841
comply with that law. 1,842
(b) If the state highway patrol seized the property and if 1,844
the superintendent of the state highway patrol seeks its 1,845
forfeiture pursuant to federal law, the appropriate governmental 1,846
officials shall deposit into the state highway patrol contraband, 1,847
forfeiture, and other fund all interest or other earnings derived 1,848
from the investment of the proceeds from a sale of the property
upon its forfeiture, the proceeds from another disposition of the 1,849
property upon its forfeiture, or the forfeited moneys. The state 1,850
highway patrol shall use and account for that interest or other 1,851
earnings in accordance with the applicable federal law. 1,852
(c) If the liquor enforcement INVESTIGATIVE unit of the 1,854
department of public safety seized the property and if the 1,856
director of public safety seeks its forfeiture pursuant to 1,857
federal law, the appropriate governmental officials shall deposit 1,858
into the liquor enforcement DEPARTMENT OF PUBLIC SAFETY 1,859
INVESTIGATIVE UNIT contraband, forfeiture, and other fund all 1,860
interest or other earnings derived from the investment of the 1,861
proceeds from a sale of the property upon its forfeiture, the 1,862
proceeds from another disposition of the property upon its 1,863
forfeiture, or the forfeited moneys. The department shall use 1,864
and account for that interest or other earnings in accordance 1,865
with the applicable federal law. 1,866
(d) If the food stamp fraud unit of the department of 1,869
47
public safety seized the property and if the director of public 1,870
safety seeks its forfeiture pursuant to federal law, the 1,871
appropriate governmental officials shall deposit into the food 1,872
stamp contraband, forfeiture, and other fund all interest or 1,873
other earnings derived from the investment of the proceeds from a 1,874
sale of the property upon its forfeiture, the proceeds from 1,875
another disposition of the property upon its forfeiture, or the 1,876
forfeited moneys. The department shall use and account for that 1,877
interest or other earnings in accordance with the applicable 1,878
federal law.
(e) Division (B) of this section and divisions (D)(1) to 1,880
(3) of section 2933.43 of the Revised Code do not apply to 1,881
proceeds or forfeited moneys received pursuant to federal law or 1,882
to the interest or other earnings that are derived from the 1,883
investment of proceeds or forfeited moneys received pursuant to 1,884
federal law and that are described in division (A)(4)(b) of this 1,885
section.
(B) In addition to complying with any requirements imposed 1,887
by a court pursuant to section 2925.42 or 2925.43 of the Revised 1,888
Code, and the requirements imposed by those sections, in relation 1,889
to the disposition of property forfeited to the state under 1,890
either of those sections, the prosecuting attorney who is 1,891
responsible for its disposition shall dispose of the property as 1,892
follows: 1,893
(1) Any vehicle, as defined in section 4501.01 of the 1,895
Revised Code, that was used in a felony drug abuse offense or in 1,896
an act that, if committed by an adult, would be a felony drug 1,897
abuse offense shall be given to the law enforcement agency of the 1,898
municipal corporation or county in which the offense occurred if 1,899
that agency desires to have the vehicle, except that, if the 1,900
offense occurred in a township or in a park district created 1,901
pursuant to section 511.18 or 1545.01 of the Revised Code and a 1,902
law enforcement officer employed by the township or the park 1,903
district was involved in the seizure of the vehicle, the vehicle 1,905
48
may be given to the law enforcement agency of that township or 1,906
park district if that agency desires to have the vehicle, and 1,907
except that, if the state highway patrol made the seizure of the 1,908
vehicle, the vehicle may be given to the state highway patrol if 1,909
it desires to have the vehicle. 1,910
(2) Any drug paraphernalia that was used, possessed, sold, 1,912
or manufactured in a violation of section 2925.14 of the Revised 1,913
Code that would be a felony drug abuse offense or in a violation 1,914
of that section committed by a juvenile that, if committed by an 1,915
adult, would be a felony drug abuse offense, may be given to the 1,916
law enforcement agency of the municipal corporation or county in 1,917
which the offense occurred if that agency desires to have and can 1,918
use the drug paraphernalia, except that, if the offense occurred 1,919
in a township or in a park district created pursuant to section 1,920
511.18 or 1545.01 of the Revised Code and a law enforcement 1,921
officer employed by the township or the park district was 1,922
involved in the seizure of the drug paraphernalia, the drug 1,924
paraphernalia may be given to the law enforcement agency of that 1,925
township or park district if that agency desires to have and can 1,926
use the drug paraphernalia. If the drug paraphernalia is not so 1,927
given, it shall be disposed of by sale pursuant to division 1,928
(B)(8) of this section or disposed of in another manner that the 1,929
court that issued the order of forfeiture considers proper under 1,930
the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11 1,932
of the Revised Code or placed in the custody of the secretary of 1,933
the treasury of the United States for disposal or use for medical 1,934
or scientific purposes under applicable federal law. 1,935
(4) Firearms and dangerous ordnance suitable for police 1,937
work may be given to a law enforcement agency for that purpose. 1,938
Firearms suitable for sporting use, or as museum pieces or 1,939
collectors' items, may be disposed of by sale pursuant to 1,940
division (B)(8) of this section. Other firearms and dangerous 1,941
ordnance shall be destroyed by a law enforcement agency or shall 1,942
49
be sent to the bureau of criminal identification and 1,943
investigation for destruction by it. As used in this division, 1,944
"firearms" and "dangerous ordnance" have the same meanings as in 1,945
section 2923.11 of the Revised Code. 1,946
(5) Computers, computer networks, computer systems, and 1,948
computer software suitable for police work may be given to a law 1,949
enforcement agency for that purpose. Other computers, computer 1,950
networks, computer systems, and computer software shall be 1,951
disposed of by sale pursuant to division (B)(8) of this section 1,952
or disposed of in another manner that the court that issued the 1,953
order of forfeiture considers proper under the circumstances. As 1,954
used in this division, "computers," "computer networks," 1,955
"computer systems," and "computer software" have the same 1,956
meanings as in section 2913.01 of the Revised Code. 1,957
(6) Obscene materials shall be destroyed. 1,959
(7) Beer, intoxicating liquor, and alcohol shall be 1,961
disposed of in accordance with division (D)(4) of section 2933.41 1,962
of the Revised Code. 1,963
(8) In the case of property not described in divisions 1,965
(B)(1) to (7) of this section and of property described in those 1,966
divisions but not disposed of pursuant to them, the property 1,967
shall be sold in accordance with division (B)(8) of this section 1,968
or, in the case of forfeited moneys, disposed of in accordance 1,970
with division (B)(8) of this section. If the property is to be 1,971
sold, the prosecuting attorney shall cause a notice of the 1,972
proposed sale of the property to be given in accordance with law, 1,973
and the property shall be sold, without appraisal, at a public 1,974
auction to the highest bidder for cash. The proceeds of a sale 1,975
and forfeited moneys shall be applied in the following order: 1,976
(a) First, to the payment of the costs incurred in 1,978
connection with the seizure of, storage of, maintenance of, and 1,979
provision of security for the property, the forfeiture proceeding 1,980
or civil action, and, if any, the sale; 1,981
(b) Second, the remaining proceeds or forfeited moneys 1,983
50
after compliance with division (B)(8)(a) of this section, to the 1,984
payment of the value of any legal right, title, or interest in 1,985
the property that is possessed by a person who, pursuant to 1,986
division (F) of section 2925.42 of the Revised Code or division 1,987
(E) of section 2925.43 of the Revised Code, established the 1,988
validity of and consequently preserved that legal right, title, 1,989
or interest, including, but not limited to, any mortgage, 1,990
perfected or other security interest, or other lien in the 1,991
property. The value of these rights, titles, or interests shall 1,992
be paid according to their record or other order of priority. 1,993
(c) Third, the remaining proceeds or forfeited moneys 1,995
after compliance with divisions (B)(8)(a) and (b) of this 1,996
section, as follows: 1,997
(i) If the forfeiture was ordered in a juvenile court, ten 1,999
per cent to one or more alcohol and drug addiction treatment 2,000
programs that are certified by the department of alcohol and drug 2,001
addiction services under section 3793.06 of the Revised Code and 2,002
that are specified in the order of forfeiture. A juvenile court 2,003
shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified 2,004
alcohol and drug addiction treatment program and, except as 2,005
provided in division (B)(8)(c)(i) of this section, unless the 2,007
program is located in the county in which the court that orders
the forfeiture is located or in a contiguous county. If no 2,008
certified alcohol and drug addiction treatment program is located 2,009
in any of those counties, the juvenile court may specify in the 2,010
order a certified alcohol and drug addiction treatment program 2,011
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, 2,013
ninety per cent, and if the forfeiture was ordered in a court 2,015
other than a juvenile court, one hundred per cent to appropriate 2,018
funds in accordance with divisions (D)(1)(c) and (2) of section 2,019
2933.43 of the Revised Code. The remaining proceeds or forfeited 2,020
moneys so deposited shall be used only for the purposes 2,021
51
authorized by those divisions and division (D)(3)(a)(ii) of that 2,022
section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do 2,024
not preclude a financial institution that possessed a valid 2,025
mortgage, security interest, or lien that is not satisfied prior 2,026
to a sale under division (B)(8) of this section or following a 2,027
sale by application of division (B)(8)(b) of this section, from 2,028
commencing a civil action in any appropriate court in this or 2,029
another state to obtain a deficiency judgment against the debtor 2,030
if the financial institution otherwise would have been entitled 2,031
to do so in this or another state. 2,032
(2) Any law enforcement agency that obtains any vehicle 2,034
pursuant to division (B)(1) of this section shall take the 2,035
vehicle subject to the outstanding amount of any security 2,036
interest or lien that attaches to the vehicle. 2,037
(3) Nothing in this section impairs a mortgage, security 2,039
interest, lien, or other interest of a financial institution in 2,041
property that was the subject of a forfeiture order under section 2,042
2925.42 or 2925.43 of the Revised Code and that was sold or 2,043
otherwise disposed of in a manner that does not conform to the 2,044
requirements of division (B) of this section, or any right of a 2,045
financial institution of that nature to commence a civil action 2,047
in any appropriate court in this or another state to obtain a 2,048
deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this 2,050
section of any property that is required to be titled or 2,051
registered under the law of this state, the prosecuting attorney 2,052
responsible for the disposition of the property shall cause the 2,053
state to issue an appropriate certificate of title or 2,054
registration to the purchaser of the property. Additionally, if, 2,055
in a disposition of property pursuant to division (B) of this 2,056
section, the state or a political subdivision is given any 2,057
property that is required to be titled or registered under the 2,058
law of this state, the prosecuting attorney responsible for the 2,059
52
disposition of the property shall cause the state to issue an 2,060
appropriate certificate of title or registration to itself or to 2,061
the political subdivision. 2,062
(D) Property that has been forfeited to the state pursuant 2,064
to an order of criminal forfeiture under section 2925.42 of the 2,065
Revised Code or an order of civil forfeiture under section 2,066
2925.43 of the Revised Code shall not be available for use to pay 2,067
any fine imposed upon a person who is convicted of or pleads 2,068
guilty to a felony drug abuse offense or upon any juvenile who is 2,069
found by a juvenile court to be a delinquent child for an act 2,070
that, if committed by an adult, would be a felony drug abuse 2,071
offense. 2,072
(E) Sections 2925.41 to 2925.45 of the Revised Code do not 2,074
prohibit a law enforcement officer from seeking the forfeiture of 2,075
contraband associated with a felony drug abuse offense pursuant 2,076
to section 2933.43 of the Revised Code. 2,077
Sec. 2933.43. (A)(1) Except as provided in this division 2,086
or in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 2,088
to 2925.45 of the Revised Code, a law enforcement officer shall 2,089
seize any contraband that has been, is being, or is intended to 2,090
be used in violation of division (A) of section 2933.42 of the 2,091
Revised Code. A law enforcement officer shall seize contraband 2,092
that is a watercraft, motor vehicle, or aircraft and that has 2,093
been, is being, or is intended to be used in violation of 2,094
division (A) of section 2933.42 of the Revised Code only if the 2,095
watercraft, motor vehicle, or aircraft is contraband because of 2,096
its relationship to an underlying criminal offense that is a 2,097
felony.
Additionally, a law enforcement officer shall seize any 2,099
watercraft, motor vehicle, aircraft, or other personal property 2,100
that is classified as contraband under division (B) of section 2,101
2933.42 of the Revised Code if the underlying offense involved in 2,102
the violation of division (A) of that section that resulted in 2,103
the watercraft, motor vehicle, aircraft, or personal property 2,104
53
being classified as contraband, is a felony. 2,105
(2) If a law enforcement officer seizes property that is 2,107
titled or registered under law, including a motor vehicle, 2,108
pursuant to division (A)(1) of this section, the officer or the 2,109
officer's employing law enforcement agency shall notify the owner 2,110
of the seizure. The notification shall be given to the owner at 2,111
the owner's last known address within seventy-two hours after the 2,112
seizure, and may be given orally by any means, including 2,113
telephone, or by certified mail, return receipt requested. 2,114
If the officer or the officer's agency is unable to provide 2,116
the notice required by this division despite reasonable, good 2,117
faith efforts to do so, the exercise of the reasonable, good 2,118
faith efforts constitutes fulfillment of the notice requirement 2,119
imposed by this division. 2,120
(B)(1) A motor vehicle seized pursuant to division (A)(1) 2,122
of this section and the contents of the vehicle may be retained 2,123
for a reasonable period of time, not to exceed seventy-two hours, 2,124
for the purpose of inspection, investigation, and the gathering 2,125
of evidence of any offense or illegal use. 2,126
At any time prior to the expiration of the seventy-two-hour 2,128
period, the law enforcement agency that seized the motor vehicle 2,129
may petition the court of common pleas of the county that has 2,130
jurisdiction over the underlying criminal case or administrative 2,131
proceeding involved in the forfeiture for an extension of the 2,132
seventy-two-hour period if the motor vehicle or its contents are 2,133
needed as evidence or if additional time is needed for the 2,134
inspection, investigation, or gathering of evidence. Upon the 2,135
filing of such a petition, the court immediately shall schedule a 2,136
hearing to be held at a time as soon as possible after the 2,137
filing, but in no event at a time later than the end of the next 2,138
business day subsequent to the day on which the petition was 2,139
filed, and upon scheduling the hearing, immediately shall notify 2,140
the owner of the vehicle, at the address at which notification of 2,141
the seizure was provided under division (A) of this section, of 2,142
54
the date, time, and place of the hearing. If the court, at the 2,143
hearing, determines that the vehicle or its contents, or both, 2,144
are needed as evidence or that additional time is needed for the 2,145
inspection, investigation, or gathering of evidence, the court 2,146
may grant the petition and issue an order authorizing the 2,147
retention of the vehicle or its contents, or both, for an 2,148
extended period as specified by the court in its order. An order 2,149
extending a period of retention issued under this division may be 2,150
renewed. 2,151
If no petition for the extension of the initial 2,153
seventy-two-hour period has been filed, prior to the expiration 2,154
of that period, under this division, if the vehicle was not in 2,155
the custody and control of the owner at the time of its seizure, 2,156
and if, at the end of that seventy-two-hour period, the owner of 2,157
the vehicle has not been charged with an offense or 2,158
administrative violation that includes the use of the vehicle as 2,159
an element and has not been charged with any other offense or 2,160
administrative violation in the actual commission of which the 2,161
motor vehicle was used, the vehicle and its contents shall be 2,162
released to its owner or the owner's agent, provided that the law 2,163
enforcement agency that seized the vehicle may require proof of 2,164
ownership of the vehicle, proof of ownership or legal possession 2,165
of the contents, and an affidavit of the owner that the owner 2,166
neither knew of nor expressly or impliedly consented to the use 2,167
of the vehicle that resulted in its forfeiture as conditions 2,168
precedent to release. If a petition for the extension of the 2,169
initial seventy-two-hour period has been filed, prior to the 2,170
expiration of that period, under this division but the court does 2,171
not grant the petition, if the vehicle was not in the custody and 2,172
control of the owner at the time of its seizure, and if, at the 2,173
end of that seventy-two-hour period, the owner of the vehicle has 2,174
not been charged with an offense or administrative violation that 2,175
includes the use of the vehicle as an element and has not been 2,176
charged with any other offense or administrative violation in the 2,177
55
actual commission of which the motor vehicle was used, the 2,178
vehicle and its contents shall be released to its owner or the 2,179
owner's agent, provided that the court may require the proof and 2,180
affidavit described in the preceding sentence as conditions 2,181
precedent to release. If the initial seventy-two-hour period has 2,182
been extended under this division, the vehicle and its contents 2,183
to which the extension applies may be retained in accordance with 2,184
the extension order. If, at the end of that extended period, the 2,185
owner of the vehicle has not been charged with an offense or 2,186
administrative violation that includes the use of the vehicle as 2,187
an element and has not been charged with any other offense or 2,188
administrative violation in the actual commission of which the 2,189
motor vehicle was used, and if the vehicle was not in the custody 2,190
and control of the owner at the time of its seizure, the vehicle 2,191
and its contents shall be released to its owner or the owner's 2,192
agent, provided that the court may require the proof and 2,193
affidavit described in the third preceding sentence as conditions 2,194
precedent to release. In cases in which the court may require 2,195
proof and affidavits as conditions precedent to release, the 2,196
court also may require the posting of a bond, with sufficient 2,197
sureties approved by the court, in an amount equal to the value 2,198
of the property to be released, as determined by the court, and 2,199
conditioned upon the return of the property to the court if it is 2,200
forfeited under this section, as a further condition to release. 2,201
If, at the end of the initial seventy-two-hour period or at the 2,202
end of any extended period granted under this section, the owner 2,203
has been charged with an offense or administrative violation that 2,204
includes the use of the vehicle as an element or has been charged 2,205
with another offense or administrative violation in the actual 2,206
commission of which the motor vehicle was used, or if the vehicle 2,207
was in the custody and control of the owner at the time of its 2,208
seizure, the vehicle and its contents shall be retained pending 2,209
disposition of the charge, provided that upon the filing of a 2,210
motion for release by the owner, if the court determines that the 2,211
56
motor vehicle or its contents, or both, are not needed as 2,212
evidence in the underlying criminal case or administrative 2,213
proceeding, the court may permit the release of the property that 2,214
is not needed as evidence to the owner; as a condition precedent 2,215
to a release of that nature, the court may require the owner to 2,216
execute a bond with the court. Any bond so required shall be in 2,217
an amount equal to the value of the property to be released, as 2,218
determined by the court, shall have sufficient sureties approved 2,219
by the court, and shall be conditioned upon the return of the 2,220
property to the court to which it is forfeited under this 2,221
section.
The final disposition of a motor vehicle seized pursuant to 2,223
division (A)(1) of this section shall be determined in accordance 2,224
with division (C) of this section. 2,225
(2) Pending a hearing pursuant to division (C) of this 2,227
section, and subject to divisions (B)(1) and (C) of this section, 2,228
any property lawfully seized pursuant to division (A) of this 2,229
section because it was contraband of a type described in division 2,230
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section 2,232
2901.01 of the Revised Code shall not be subject to replevin or 2,233
other action in any court and shall not be subject to release 2,234
upon request of the owner, and no judgment shall be enforced 2,235
against the property. Pending the hearing, and subject to 2,236
divisions (B)(1) and (C) of this section, the property shall be 2,237
kept in the custody of the law enforcement agency responsible for 2,238
its seizure. 2,239
Pending a hearing pursuant to division (C) of this section, 2,241
and notwithstanding any provisions of division (B)(1) or (C) of 2,242
this section to the contrary, any property lawfully seized 2,243
pursuant to division (A) of this section because it was 2,244
contraband of a type described in division (A)(13)(a) or (c) of 2,246
section 2901.01 of the Revised Code shall not be subject to 2,247
replevin or other action in any court and shall not be subject to 2,248
release upon request of the owner, and no judgment shall be
57
enforced against the property. Pending the hearing, and 2,249
notwithstanding any provisions of division (B)(1) or (C) of this 2,250
section to the contrary, the property shall be kept in the 2,251
custody of the law enforcement agency responsible for its 2,252
seizure. 2,253
A law enforcement agency that seizes property under 2,255
division (A) of this section because it was contraband of any 2,256
type described in division (A)(13) of section 2901.01 or division 2,258
(B) of section 2933.42 of the Revised Code shall maintain an
accurate record of each item of property so seized, which record 2,259
shall include the date on which each item was seized, the manner 2,260
and date of its disposition, and if applicable, the name of the 2,261
person who received the item; however, the record shall not 2,262
identify or enable the identification of the individual officer 2,263
who seized the item. The record of property of that nature that 2,264
no longer is needed as evidence shall be open to public 2,265
inspection during the agency's regular business hours. Each law 2,266
enforcement agency that, during any calendar year, seizes 2,267
property under division (A) of this section because it was 2,268
contraband shall prepare a report covering the calendar year that 2,269
cumulates all of the information contained in all of the records 2,270
kept by the agency pursuant to this division for that calendar 2,271
year, and shall send a copy of the cumulative report, no later 2,272
than the first day of March in the calendar year following the 2,273
calendar year covered by the report, to the attorney general. 2,274
Each report received by the attorney general is a public record 2,275
open for inspection under section 149.43 of the Revised Code. 2,276
Not later than the fifteenth day of April in the calendar year in 2,278
which the reports are received, the attorney general shall send 2,279
to the president of the senate and the speaker of the house of 2,280
representatives a written notification that does all of the 2,281
following: 2,282
(a) Indicates that the attorney general has received from 2,284
law enforcement agencies reports of the type described in this 2,286
58
division that cover the previous calendar year and indicates that 2,287
the reports were received under this division; 2,288
(b) Indicates that the reports are open for inspection 2,291
under section 149.43 of the Revised Code; 2,292
(c) Indicates that the attorney general will provide a 2,295
copy of any or all of the reports to the president of the senate 2,296
or the speaker of the house of representatives upon request. 2,297
(C) The prosecuting attorney, village solicitor, city 2,299
director of law, or similar chief legal officer who has 2,300
responsibility for the prosecution of the underlying criminal 2,301
case or administrative proceeding, or the attorney general if the 2,302
attorney general has that responsibility, shall file a petition 2,303
for the forfeiture, to the seizing law enforcement agency of the 2,304
contraband seized pursuant to division (A) of this section. The 2,305
petition shall be filed in the court that has jurisdiction over 2,306
the underlying criminal case or administrative proceeding 2,307
involved in the forfeiture. If the property was seized on the 2,308
basis of both a criminal violation and an administrative 2,309
regulation violation, the petition shall be filed by the officer 2,310
and in the court that is appropriate in relation to the criminal 2,311
case. 2,312
The petitioner shall conduct or cause to be conducted a 2,314
search of the appropriate public records that relate to the 2,315
seized property for the purpose of determining, and shall make or 2,316
cause to be made reasonably diligent inquiries for the purpose of 2,317
determining, any person having an ownership or security interest 2,318
in the property. The petitioner then shall give notice of the 2,319
forfeiture proceedings by personal service or by certified mail, 2,320
return receipt requested, to any persons known, because of the 2,321
conduct of the search, the making of the inquiries, or otherwise, 2,322
to have an ownership or security interest in the property, and 2,323
shall publish notice of the proceedings once each week for two 2,324
consecutive weeks in a newspaper of general circulation in the 2,325
county in which the seizure occurred. The notices shall be 2,326
59
personally served, mailed, and first published at least four 2,327
weeks before the hearing. They shall describe the property 2,328
seized; state the date and place of seizure; name the law 2,329
enforcement agency that seized the property and, if applicable, 2,330
that is holding the property; list the time, date, and place of 2,331
the hearing; and state that any person having an ownership or 2,332
security interest in the property may contest the forfeiture. 2,333
If the property seized was determined by the seizing law 2,335
enforcement officer to be contraband because of its relationship 2,336
to an underlying criminal offense or administrative violation, no 2,337
forfeiture hearing shall be held under this section unless the 2,338
person pleads guilty to or is convicted of the commission of, or 2,339
an attempt or conspiracy to commit, the offense or a different 2,340
offense arising out of the same facts and circumstances or unless 2,341
the person admits or is adjudicated to have committed the 2,342
administrative violation or a different violation arising out of 2,343
the same facts and circumstances; a forfeiture hearing shall be 2,344
held in a case of that nature no later than forty-five days after 2,345
the conviction or the admission or adjudication of the violation, 2,346
unless the time for the hearing is extended by the court for good 2,347
cause shown. The owner of any property seized because of its 2,348
relationship to an underlying criminal offense or administrative 2,349
violation may request the court to release the property to the 2,350
owner. Upon receipt of a request of that nature, if the court 2,351
determines that the property is not needed as evidence in the 2,352
underlying criminal case or administrative proceeding, the court 2,353
may permit the release of the property to the owner. As a 2,354
condition precedent to a release of that nature, the court may 2,355
require the owner to execute a bond with the court. Any bond so 2,356
required shall have sufficient sureties approved by the court, 2,357
shall be in a sum equal to the value of the property, as 2,358
determined by the court, and shall be conditioned upon the return 2,359
of the property to the court if the property is forfeited under 2,360
this section. Any property seized because of its relationship to 2,361
60
an underlying criminal offense or administrative violation shall 2,362
be returned to its owner if charges are not filed in relation to 2,363
that underlying offense or violation within thirty days after the 2,364
seizure, if charges of that nature are filed and subsequently are 2,365
dismissed, or if charges of that nature are filed and the person 2,366
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the 2,367
violation.
If the property seized was determined by the seizing law 2,369
enforcement officer to be contraband other than because of a 2,370
relationship to an underlying criminal offense or administrative 2,371
violation, the forfeiture hearing under this section shall be 2,372
held no later than forty-five days after the seizure, unless the 2,373
time for the hearing is extended by the court for good cause 2,374
shown. 2,375
Where possible, a court holding a forfeiture hearing under 2,377
this section shall follow the Rules of Civil Procedure. When a 2,378
hearing is conducted under this section, property shall be 2,379
forfeited upon a showing, by a preponderance of the evidence, by 2,380
the petitioner that the person from which the property was seized 2,381
was in violation of division (A) of section 2933.42 of the 2,382
Revised Code. If that showing is made, the court shall issue an 2,383
order of forfeiture. If an order of forfeiture is issued in 2,384
relation to contraband that was released to the owner or the 2,385
owner's agent pursuant to this division or division (B)(1) of 2,386
this section, the order shall require the owner to deliver the 2,387
property, by a specified date, to the law enforcement agency that 2,388
employed the law enforcement officer who made the seizure of the 2,389
property, and the court shall deliver a copy of the order to the 2,390
owner or send a copy of it by certified mail, return receipt 2,391
requested, to the owner at the address to which notice of the 2,392
seizure was given under division (A)(2) of this section. Except 2,393
as otherwise provided in this division, all rights, interest, and 2,394
title to the forfeited contraband vests in the state, effective 2,395
61
from the date of seizure. 2,396
No property shall be forfeited pursuant to this division if 2,398
the owner of the property establishes, by a preponderance of the 2,399
evidence, that the owner neither knew, nor should have known 2,400
after a reasonable inquiry, that the property was used, or was 2,401
likely to be used, in a crime or administrative violation. No 2,402
bona fide security interest shall be forfeited pursuant to this 2,403
division if the holder of the interest establishes, by a 2,404
preponderance of the evidence, that the holder of the interest 2,405
neither knew, nor should have known after a reasonable inquiry, 2,407
that the property was used, or likely to be used, in a crime or 2,408
administrative violation, that the holder of the interest did not 2,409
expressly or impliedly consent to the use of the property in a 2,410
crime or administrative violation, and that the security interest 2,411
was perfected pursuant to law prior to the seizure. If the 2,412
holder of the interest satisfies the court that these 2,413
requirements are met, the interest shall be preserved by the 2,414
court. In a case of that nature, the court shall either order 2,415
that the agency to which the property is forfeited reimburse the 2,416
holder of the interest to the extent of the preserved interest or 2,417
order that the holder be paid for the interest from the proceeds 2,418
of any sale pursuant to division (D) of this section. 2,419
(D)(1) Contraband ordered forfeited pursuant to this 2,421
section shall be disposed of pursuant to divisions (D)(1) to (7) 2,422
of section 2933.41 of the Revised Code or, if the contraband is 2,423
not described in those divisions, may be used, with the approval 2,424
of the court, by the law enforcement agency that has custody of 2,425
the contraband pursuant to division (D)(8) of that section. In 2,426
the case of contraband not described in any of those divisions 2,427
and of contraband not disposed of pursuant to any of those 2,428
divisions, the contraband shall be sold in accordance with this 2,429
division or, in the case of forfeited moneys, disposed of in 2,430
accordance with this division. If the contraband is to be sold, 2,431
the prosecuting attorney shall cause a notice of the proposed 2,432
62
sale of the contraband to be given in accordance with law, and 2,433
the property shall be sold, without appraisal, at a public 2,434
auction to the highest bidder for cash. The proceeds of a sale 2,435
and forfeited moneys shall be applied in the following order: 2,436
(a) First, to the payment of the costs incurred in 2,438
connection with the seizure of, storage of, maintenance of, and 2,439
provision of security for the contraband, the forfeiture 2,440
proceeding, and, if any, the sale; 2,441
(b) Second, the remaining proceeds or forfeited moneys 2,443
after compliance with division (D)(1)(a) of this section, to the 2,444
payment of the balance due on any security interest preserved 2,445
pursuant to division (C) of this section; 2,446
(c) Third, the remaining proceeds or forfeited moneys 2,448
after compliance with divisions (D)(1)(a) and (b) of this 2,449
section, as follows: 2,450
(i) If the forfeiture was ordered in a juvenile court, ten 2,452
per cent to one or more alcohol and drug addiction treatment 2,453
programs that are certified by the department of alcohol and drug 2,454
addiction services under section 3793.06 of the Revised Code and 2,455
that are specified in the order of forfeiture. A juvenile court 2,457
shall not certify an alcohol or drug addiction treatment program 2,458
in the order of forfeiture unless the program is a certified
alcohol and drug addiction treatment program and, except as 2,459
provided in division (D)(1)(c)(i) of this section, unless the 2,460
program is located in the county in which the court that orders 2,461
the forfeiture is located or in a contiguous county. If no 2,462
certified alcohol and drug addiction treatment program is located 2,463
in any of those counties, the juvenile court may specify in the 2,464
order a certified alcohol and drug addiction treatment program
located anywhere within this state. 2,465
(ii) If the forfeiture was ordered in a juvenile court, 2,467
ninety per cent, and if the forfeiture was ordered in a court 2,468
other than a juvenile court, one hundred per cent to the law 2,469
enforcement trust fund of the prosecuting attorney and to the law 2,471
63
enforcement trust fund of the county sheriff if the county 2,472
sheriff made the seizure, to the law enforcement trust fund of a 2,473
municipal corporation if its police department made the seizure, 2,474
to the law enforcement trust fund of a township if the seizure 2,475
was made by a township police department, township police 2,476
district police force, or office of a township constable, to the 2,477
law enforcement trust fund of a park district created pursuant to 2,478
section 511.18 or 1545.01 of the Revised Code if the seizure was 2,479
made by the park district police force or law enforcement 2,480
department, to the state highway patrol contraband, forfeiture, 2,481
and other fund if the state highway patrol made the seizure, to 2,482
the liquor enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE 2,483
UNIT contraband, forfeiture, and other fund if the liquor 2,484
enforcement INVESTIGATIVE unit of the department of public safety 2,486
made the seizure, to the food stamp contraband, forfeiture, and 2,487
other fund if the food stamp trafficking unit of the department 2,490
of public safety made the seizure, to the board of pharmacy drug 2,492
law enforcement fund created by division (B)(1) of section 2,493
4729.65 of the Revised Code if the board made the seizure, or to 2,494
the treasurer of state for deposit into the peace officer 2,495
training commission fund if a state law enforcement agency, other 2,497
than the state highway patrol, the INVESTIGATIVE UNIT OF THE 2,498
department of public safety, or the state board of pharmacy, made 2,500
the seizure. The prosecuting attorney may decline to accept any 2,501
of the remaining proceeds or forfeited moneys, and, if the
prosecuting attorney so declines, the remaining proceeds or 2,503
forfeited moneys shall be applied to the fund described in this 2,504
division that relates to the law enforcement agency that made the 2,505
seizure.
A law enforcement trust fund shall be established by the 2,507
prosecuting attorney of each county who intends to receive any 2,508
remaining proceeds or forfeited moneys pursuant to this division, 2,509
by the sheriff of each county, by the legislative authority of 2,510
each municipal corporation, by the board of township trustees of 2,511
64
each township that has a township police department, township 2,512
police district police force, or office of the constable, and by 2,513
the board of park commissioners of each park district created 2,514
pursuant to section 511.18 or 1545.01 of the Revised Code that 2,515
has a park district police force or law enforcement department, 2,516
for the purposes of this division. There is hereby created in 2,517
the state treasury the state highway patrol contraband, 2,518
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF 2,519
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 2,520
other fund, the food stamp contraband, forfeiture, and other 2,521
fund, and the peace officer training commission fund, for the 2,523
purposes described in this division. 2,525
Proceeds or forfeited moneys distributed to any municipal 2,527
corporation, township, or park district law enforcement trust 2,528
fund shall be allocated from the fund by the legislative 2,529
authority only to the police department of the municipal 2,530
corporation, by the board of township trustees only to the 2,531
township police department, township police district police 2,532
force, or office of the constable, and by the board of park 2,533
commissioners only to the park district police force or law 2,534
enforcement department. 2,535
Additionally, no proceeds or forfeited moneys shall be 2,537
allocated to or used by the state highway patrol, the food stamp 2,538
trafficking unit or liquor enforcement unit of the department of 2,541
public safety, the state board of pharmacy, or a county sheriff, 2,542
prosecuting attorney, municipal corporation police department, 2,543
township police department, township police district police 2,544
force, office of the constable, or park district police force or 2,545
law enforcement department unless the state highway patrol, 2,546
department of public safety, state board of pharmacy, sheriff, 2,547
prosecuting attorney, municipal corporation police department, 2,548
township police department, township police district police 2,549
force, office of the constable, or park district police force or 2,550
law enforcement department has adopted a written internal control 2,551
65
policy under division (D)(3) of this section that addresses the 2,552
use of moneys received from the state highway patrol contraband, 2,553
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF 2,554
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 2,555
other fund, the food stamp contraband, forfeiture, and other 2,557
fund, the board of pharmacy drug law enforcement fund, or the 2,558
appropriate law enforcement trust fund. The state highway patrol 2,559
contraband, forfeiture, and other fund, the liquor enforcement 2,560
DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, 2,561
forfeiture, and other fund, the food stamp contraband, 2,562
forfeiture, and other fund, and a law enforcement trust fund 2,563
shall be expended only in accordance with the written internal 2,564
control policy so adopted by the recipient, and, subject to the 2,565
requirements specified in division (D)(3)(a)(ii) of this section, 2,566
only to pay the costs of protracted or complex investigations or 2,567
prosecutions, to provide reasonable technical training or 2,568
expertise, to provide matching funds to obtain federal grants to 2,569
aid law enforcement, in the support of DARE programs or other 2,570
programs designed to educate adults or children with respect to 2,571
the dangers associated with the use of drugs of abuse, or for 2,572
other law enforcement purposes that the superintendent of the 2,573
state highway patrol, department of public safety, prosecuting 2,574
attorney, county sheriff, legislative authority, board of 2,575
township trustees, or board of park commissioners determines to 2,576
be appropriate. The board of pharmacy drug law enforcement fund 2,577
shall be expended only in accordance with the written internal 2,578
control policy so adopted by the board and only in accordance 2,579
with section 4729.65 of the Revised Code. The state highway 2,580
patrol contraband, forfeiture, and other fund, the liquor 2,581
enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT 2,582
contraband, seizure FORFEITURE, and other fund, the food stamp 2,584
contraband, forfeiture, and other fund, the board of pharmacy 2,586
drug law enforcement fund, and a law enforcement trust fund shall 2,587
not be used to meet the operating costs of the state highway 2,588
66
patrol, of the food stamp trafficking unit or liquor enforcement 2,589
INVESTIGATIVE unit of the department of public safety, of the 2,591
state board of pharmacy, of any political subdivision, or of any 2,592
office of a prosecuting attorney or county sheriff that are 2,593
unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state 2,595
treasury to be deposited into the peace officer training 2,596
commission fund shall be used by the commission only to pay the 2,598
costs of peace officer training. 2,599
Any sheriff or prosecuting attorney who receives proceeds 2,601
or forfeited moneys pursuant to this division during any calendar 2,602
year shall file a report with the county auditor, no later than 2,603
the thirty-first day of January of the next calendar year, 2,604
verifying that the proceeds and forfeited moneys were expended 2,605
only for the purposes authorized by this division and division 2,606
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,607
for each authorized purpose. Any municipal corporation police 2,608
department that is allocated proceeds or forfeited moneys from a 2,609
municipal corporation law enforcement trust fund pursuant to this 2,610
division during any calendar year shall file a report with the 2,611
legislative authority of the municipal corporation, no later than 2,612
the thirty-first day of January of the next calendar year, 2,613
verifying that the proceeds and forfeited moneys were expended 2,614
only for the purposes authorized by this division and division 2,615
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,616
for each authorized purpose. Any township police department, 2,617
township police district police force, or office of the constable 2,618
that is allocated proceeds or forfeited moneys from a township 2,619
law enforcement trust fund pursuant to this division during any 2,620
calendar year shall file a report with the board of township 2,621
trustees of the township, no later than the thirty-first day of 2,622
January of the next calendar year, verifying that the proceeds 2,623
and forfeited moneys were expended only for the purposes 2,624
authorized by this division and division (D)(3)(a)(ii) of this 2,625
67
section and specifying the amounts expended for each authorized 2,626
purpose. Any park district police force or law enforcement 2,627
department that is allocated proceeds or forfeited moneys from a 2,628
park district law enforcement trust fund pursuant to this 2,629
division during any calendar year shall file a report with the 2,630
board of park commissioners of the park district, no later than 2,631
the thirty-first day of January of the next calendar year, 2,632
verifying that the proceeds and forfeited moneys were expended 2,633
only for the purposes authorized by this division and division 2,634
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,635
for each authorized purpose. The superintendent of the state 2,636
highway patrol shall file a report with the attorney general, no 2,637
later than the thirty-first day of January of each calendar year, 2,638
verifying that proceeds and forfeited moneys paid into the state 2,639
highway patrol contraband, forfeiture, and other fund pursuant to 2,640
this division during the prior calendar year were used by the 2,641
state highway patrol during the prior calendar year only for the 2,642
purposes authorized by this division and specifying the amounts 2,643
expended for each authorized purpose. The executive director of 2,644
the state board of pharmacy shall file a report with the attorney 2,645
general, no later than the thirty-first day of January of each 2,646
calendar year, verifying that proceeds and forfeited moneys paid 2,647
into the board of pharmacy drug law enforcement fund during the 2,648
prior calendar year were used only in accordance with section 2,649
4729.65 of the Revised Code and specifying the amounts expended 2,650
for each authorized purpose. The peace officer training 2,651
commission shall file a report with the attorney general, no 2,652
later than the thirty-first day of January of each calendar year, 2,654
verifying that proceeds and forfeited moneys paid into the peace 2,655
officer training commission fund pursuant to this division during 2,657
the prior calendar year were used by the commission during the 2,658
prior calendar year only to pay the costs of peace officer 2,660
training and specifying the amount used for that purpose. 2,661
(2) If more than one law enforcement agency is 2,663
68
substantially involved in the seizure of contraband that is 2,664
forfeited pursuant to this section, the court ordering the 2,665
forfeiture shall equitably divide the proceeds or forfeited 2,666
moneys, after calculating any distribution to the law enforcement 2,667
trust fund of the prosecuting attorney pursuant to division 2,668
(D)(1)(c) of this section, among any county sheriff whose office 2,669
is determined by the court to be substantially involved in the 2,670
seizure, any legislative authority of a municipal corporation 2,671
whose police department is determined by the court to be 2,672
substantially involved in the seizure, any board of township 2,673
trustees whose law enforcement agency is determined by the court 2,674
to be substantially involved in the seizure, any board of park 2,675
commissioners of a park district whose police force or law 2,676
enforcement department is determined by the court to be 2,677
substantially involved in the seizure, the state board of 2,678
pharmacy if it is determined by the court to be substantially 2,679
involved in the seizure, the food stamp trafficking unit or 2,680
liquor enforcement INVESTIGATIVE unit of the department of public 2,681
safety if it is determined by the court to be substantially 2,683
involved in the seizure, and the state highway patrol if it is 2,684
determined by the court to be substantially involved in the 2,685
seizure. The proceeds or forfeited moneys shall be deposited in 2,686
the respective law enforcement trust funds of the county sheriff, 2,687
municipal corporation, township, and park district, the board of 2,688
pharmacy drug law enforcement fund, the liquor enforcement 2,690
DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, 2,691
forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, or the state highway patrol 2,693
contraband, forfeiture, and other fund, in accordance with 2,694
division (D)(1)(c) of this section. If a state law enforcement 2,695
agency, other than the state highway patrol, the food stamp 2,696
trafficking unit or liquor enforcement INVESTIGATIVE unit of the 2,697
department of public safety, or the state board of pharmacy, is 2,698
determined by the court to be substantially involved in the 2,699
69
seizure, the state agency's equitable share of the proceeds and 2,700
forfeited moneys shall be paid to the treasurer of state for 2,701
deposit into the peace officer training commission fund. 2,702
(3)(a)(i) Prior to being allocated or using any proceeds 2,704
or forfeited moneys out of the state highway patrol contraband, 2,705
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF 2,706
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 2,707
other fund, the food stamp contraband, seizure, and other fund, 2,708
the board of pharmacy drug law enforcement fund, or a law 2,711
enforcement trust fund under division (D)(1)(c) of this section, 2,712
the state highway patrol, the department of public safety, the
state board of pharmacy, and a county sheriff, prosecuting 2,714
attorney, municipal corporation police department, township 2,715
police department, township police district police force, office 2,716
of the constable, or park district police force or law 2,717
enforcement department shall adopt a written internal control
policy that addresses the state highway patrol's, department of 2,718
public safety's, state board of pharmacy's, sheriff's, 2,719
prosecuting attorney's, police department's, police force's, 2,720
office of the constable's, or law enforcement department's use 2,721
and disposition of all the proceeds and forfeited moneys received 2,722
and that provides for the keeping of detailed financial records 2,723
of the receipts of the proceeds and forfeited moneys, the general 2,724
types of expenditures made out of the proceeds and forfeited 2,725
moneys, the specific amount of each general type of expenditure, 2,726
and the amounts, portions, and programs described in division 2,727
(D)(3)(a)(ii) of this section. The policy shall not provide for 2,728
or permit the identification of any specific expenditure that is 2,729
made in an ongoing investigation. 2,730
All financial records of the receipts of the proceeds and 2,732
forfeited moneys, the general types of expenditures made out of 2,733
the proceeds and forfeited moneys, the specific amount of each 2,734
general type of expenditure by the state highway patrol, by the 2,735
department of public safety, by the state board of pharmacy, and 2,736
70
by a sheriff, prosecuting attorney, municipal corporation police 2,737
department, township police department, township police district 2,738
police force, office of the constable, or park district police 2,739
force or law enforcement department, and the amounts, portions, 2,740
and programs described in division (D)(3)(a)(ii) of this section 2,741
are public records open for inspection under section 149.43 of 2,742
the Revised Code. Additionally, a written internal control 2,743
policy adopted under this division is a public record of that 2,744
nature, and the state highway patrol, the department of public 2,745
safety, the state board of pharmacy, or the sheriff, prosecuting 2,746
attorney, municipal corporation police department, township 2,747
police department, township police district police force, office 2,748
of the constable, or park district police force or law 2,749
enforcement department that adopted it shall comply with it. 2,750
(ii) The written internal control policy of a county 2,752
sheriff, prosecuting attorney, municipal corporation police 2,753
department, township police department, township police district 2,754
police force, office of the constable, or park district police 2,755
force or law enforcement department shall provide that at least 2,756
ten per cent of the first one hundred thousand dollars of 2,757
proceeds and forfeited moneys deposited during each calendar year 2,758
in the sheriff's, prosecuting attorney's, municipal 2,759
corporation's, township's, or park district's law enforcement 2,760
trust fund pursuant to division (B)(7)(c)(ii) of section 2923.46 2,761
or division (B)(8)(c)(ii) of section 2925.44 of the Revised Code, 2,763
and at least twenty per cent of the proceeds and forfeited moneys 2,764
exceeding one hundred thousand dollars that are so deposited, 2,765
shall be used in connection with community preventive education 2,766
programs. The manner in which the described percentages are so 2,767
used shall be determined by the sheriff, prosecuting attorney, 2,768
department, police force, or office of the constable after the 2,769
receipt and consideration of advice on appropriate community 2,770
preventive education programs from the county's board of alcohol, 2,771
drug addiction, and mental health services, from the county's 2,772
71
alcohol and drug addiction services board, or through appropriate 2,773
community dialogue. The financial records described in division 2,774
(D)(3)(a)(i) of this section shall specify the amount of the 2,775
proceeds and forfeited moneys deposited during each calendar year 2,776
in the sheriff's, prosecuting attorney's, municipal 2,777
corporation's, township's, or park district's law enforcement 2,778
trust fund pursuant to division (B)(7)(c)(ii) of section 2923.46 2,779
or division (B)(8)(c)(ii) of section 2925.44 of the Revised Code, 2,781
the portion of that amount that was used pursuant to the 2,782
requirements of this division, and the community preventive 2,783
education programs in connection with which the portion of that 2,784
amount was so used.
As used in this division, "community preventive education 2,786
programs" includes, but is not limited to, DARE programs and 2,787
other programs designed to educate adults or children with 2,788
respect to the dangers associated with the use of drugs of abuse. 2,789
(b) Each sheriff, prosecuting attorney, municipal 2,791
corporation police department, township police department, 2,792
township police district police force, office of the constable, 2,793
or park district police force or law enforcement department that 2,794
receives in any calendar year any proceeds or forfeited moneys 2,795
out of a law enforcement trust fund under division (D)(1)(c) of 2,796
this section or uses any proceeds or forfeited moneys in its law 2,797
enforcement trust fund in any calendar year shall prepare a 2,798
report covering the calendar year that cumulates all of the 2,799
information contained in all of the public financial records kept 2,800
by the sheriff, prosecuting attorney, municipal corporation 2,801
police department, township police department, township police 2,802
district police force, office of the constable, or park district 2,803
police force or law enforcement department pursuant to division 2,804
(D)(3)(a) of this section for that calendar year, and shall send 2,805
a copy of the cumulative report, no later than the first day of 2,806
March in the calendar year following the calendar year covered by 2,807
the report, to the attorney general. 2,808
72
The superintendent of the state highway patrol shall 2,810
prepare a report covering each calendar year in which the state 2,811
highway patrol uses any proceeds or forfeited moneys in the state 2,812
highway patrol contraband, forfeiture, and other fund under 2,813
division (D)(1)(c) of this section, that cumulates all of the 2,814
information contained in all of the public financial records kept 2,815
by the state highway patrol pursuant to division (D)(3)(a) of 2,816
this section for that calendar year, and shall send a copy of the 2,817
cumulative report, no later than the first day of March in the 2,818
calendar year following the calendar year covered by the report, 2,819
to the attorney general. 2,820
The department of public safety shall prepare a report 2,822
covering each fiscal year in which the department uses any 2,823
proceeds or forfeited moneys in the liquor enforcement 2,824
contraband, seizure, and other fund and the food stamp DEPARTMENT 2,825
OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 2,826
other fund under division (D)(1)(c) of this section that 2,827
cumulates all of the information contained in all of the public 2,828
financial records kept by the department pursuant to division 2,829
(D)(3)(a) of this section for that fiscal year. The department 2,830
shall send a copy of the cumulative report to the attorney 2,831
general no later than the first day of August in the fiscal year 2,832
following the fiscal year covered by the report. The director of 2,833
public safety shall include in the report a verification that 2,834
proceeds and forfeited moneys paid into the liquor enforcement 2,835
contraband, seizure, and other fund and the food stamp DEPARTMENT 2,836
OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 2,838
other fund under division (D)(1)(c) of this section during the
preceding fiscal year were used by the department during that 2,840
fiscal year only for the purposes authorized by that division and 2,841
shall specify the amount used for each authorized purpose. 2,842
The executive director of the state board of pharmacy shall 2,844
prepare a report covering each calendar year in which the board 2,845
uses any proceeds or forfeited moneys in the board of pharmacy 2,846
73
drug law enforcement fund under division (D)(1)(c) of this 2,847
section, that cumulates all of the information contained in all 2,848
of the public financial records kept by the board pursuant to 2,849
division (D)(3)(a) of this section for that calendar year, and 2,850
shall send a copy of the cumulative report, no later than the 2,851
first day of March in the calendar year following the calendar 2,852
year covered by the report, to the attorney general. Each report 2,853
received by the attorney general is a public record open for 2,854
inspection under section 149.43 of the Revised Code. Not later 2,855
than the fifteenth day of April in the calendar year in which the 2,857
reports are received, the attorney general shall send to the 2,858
president of the senate and the speaker of the house of 2,859
representatives a written notification that does all of the 2,860
following: 2,861
(i) Indicates that the attorney general has received from 2,863
entities or persons specified in this division reports of the 2,865
type described in this division that cover the previous calendar 2,866
year and indicates that the reports were received under this
division; 2,867
(ii) Indicates that the reports are open for inspection 2,870
under section 149.43 of the Revised Code; 2,871
(iii) Indicates that the attorney general will provide a 2,874
copy of any or all of the reports to the president of the senate 2,875
or the speaker of the house of representatives upon request. 2,876
(4)(a) A law enforcement agency that receives pursuant to 2,878
federal law proceeds from a sale of forfeited contraband, 2,879
proceeds from another disposition of forfeited contraband, or 2,880
forfeited contraband moneys shall deposit, use, and account for 2,881
the proceeds or forfeited moneys in accordance with, and 2,882
otherwise comply with, the applicable federal law. 2,883
(b) If the state highway patrol receives pursuant to 2,885
federal law proceeds from a sale of forfeited contraband, 2,886
proceeds from another disposition of forfeited contraband, or 2,887
forfeited contraband moneys, the appropriate governmental 2,888
74
officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived 2,889
from the investment of the proceeds or forfeited moneys. The 2,890
state highway patrol shall use and account for that interest or 2,891
other earnings in accordance with the applicable federal law. 2,892
(c) If the liquor enforcement INVESTIGATIVE unit of the 2,894
department of public safety receives pursuant to federal law 2,895
proceeds from a sale of forfeited contraband, proceeds from 2,897
another disposition of forfeited contraband, or forfeited 2,898
contraband moneys, the appropriate governmental officials shall 2,899
deposit into the liquor enforcement DEPARTMENT OF PUBLIC SAFETY 2,900
INVESTIGATIVE UNIT contraband, forfeiture, and other fund all 2,901
interest or other earnings derived from the investment of the 2,902
proceeds or forfeited moneys. The department shall use and 2,903
account for that interest or other earnings in accordance with 2,904
the applicable federal law. 2,905
(d) If the food stamp fraud unit of the department of 2,908
public safety receives pursuant to federal law proceeds from a 2,909
sale of forfeited contraband, proceeds from another disposition 2,910
of forfeited contraband, or forfeited contraband moneys, the 2,911
appropriate governmental officials shall deposit into the food 2,912
stamp contraband, forfeiture, and other fund all interest or 2,913
other earnings derived from the investment of the proceeds or 2,914
forfeited moneys. The department shall use and account for that 2,915
interest or other earnings in accordance with the applicable 2,916
federal law.
(e) Divisions (D)(1) to (3) of this section do not apply 2,918
to proceeds or forfeited moneys received pursuant to federal law 2,920
or to the interest or other earnings that are derived from the 2,921
investment of proceeds or forfeited moneys received pursuant to 2,922
federal law and that are described in division (D)(4)(b) of this 2,923
section.
(E) Upon the sale pursuant to this section of any property 2,925
that is required to be titled or registered under law, the state 2,926
75
shall issue an appropriate certificate of title or registration 2,927
to the purchaser. If the state is vested with title pursuant to 2,928
division (C) of this section and elects to retain property that 2,929
is required to be titled or registered under law, the state shall 2,930
issue an appropriate certificate of title or registration. 2,931
(F) Notwithstanding any provisions of this section to the 2,933
contrary, any property that is lawfully seized in relation to a 2,934
violation of section 2923.32 of the Revised Code shall be subject 2,935
to forfeiture and disposition in accordance with sections 2923.32 2,936
to 2923.36 of the Revised Code; any property that is forfeited 2,937
pursuant to section 2923.44 or 2923.45 of the Revised Code in 2,938
relation to a violation of section 2923.42 of the Revised Code or 2,939
in relation to an act of a juvenile that is a violation of
section 2923.42 of the Revised Code may be subject to forfeiture 2,940
and disposition in accordance with sections 2923.44 to 2923.47 of 2,941
the Revised Code; and any property that is forfeited pursuant to 2,943
section 2925.42 or 2925.43 of the Revised Code in relation to a 2,944
felony drug abuse offense, as defined in section 2925.01 of the 2,945
Revised Code, or in relation to an act that, if committed by an 2,946
adult, would be a felony drug abuse offense of that nature, may 2,947
be subject to forfeiture and disposition in accordance with 2,948
sections 2925.41 to 2925.45 of the Revised Code or this section. 2,949
(G) Any failure of a law enforcement officer or agency, a 2,951
prosecuting attorney, village solicitor, city director of law, or 2,952
similar chief legal officer, a court, or the attorney general to 2,953
comply with any duty imposed by this section in relation to any 2,954
property seized or with any other provision of this section in 2,955
relation to any property seized does not affect the validity of 2,956
the seizure of the property, provided the seizure itself was made 2,957
in accordance with law, and is not and shall not be considered to 2,958
be the basis for the suppression of any evidence resulting from 2,959
the seizure of the property, provided the seizure itself was made 2,960
in accordance with law. 2,961
(H) Contraband that has been forfeited pursuant to 2,963
76
division (C) of this section shall not be available for use to 2,964
pay any fine imposed upon a person who is convicted of or pleads 2,965
guilty to an underlying criminal offense or a different offense 2,966
arising out of the same facts and circumstances. 2,967
Sec. 2935.01. As used in this chapter: 2,976
(A) "Magistrate" has the same meaning as in section 2,978
2931.01 of the Revised Code. 2,979
(B) "Peace officer" includes, except as provided in 2,981
section 2935.081 of the Revised Code, a sheriff; deputy sheriff; 2,983
marshal; deputy marshal; member of the organized police 2,985
department of any municipal corporation, including a member of 2,986
the organized police department of a municipal corporation in an 2,987
adjoining state serving in Ohio under a contract pursuant to 2,988
section 737.04 of the Revised Code; member of a police force 2,989
employed by a metropolitan housing authority under division (D) 2,990
of section 3735.31 of the Revised Code; member of a police force 2,992
employed by a regional transit authority under division (Y) of 2,993
section 306.05 of the Revised Code; state university law 2,994
enforcement officer appointed under section 3345.04 of the 2,995
Revised Code; liquor control investigator or food stamp 2,996
trafficking ENFORCEMENT agent of the department of public safety 2,998
DESIGNATED UNDER SECTION 5502.14 OF THE REVISED CODE; employee of
the department of natural resources who is a natural resources 2,999
law enforcement staff officer designated pursuant to section 3,000
1501.013 of the Revised Code, a forest officer designated 3,001
pursuant to section 1503.29 of the Revised Code, a preserve 3,002
officer designated pursuant to section 1517.10 of the Revised 3,003
Code, a wildlife officer designated pursuant to section 1531.13 3,004
of the Revised Code, a park officer designated pursuant to
section 1541.10 of the Revised Code, or a state watercraft 3,006
officer designated pursuant to section 1547.521 of the Revised 3,007
Code; individual designated to perform law enforcement duties 3,008
under section 511.232, 1545.13, or 6101.75 of the Revised Code; 3,009
Ohio veterans' home police officer appointed under section 3,011
77
5907.02 of the Revised Code; police constable of any township; 3,012
and police officer of a township or joint township police 3,013
district; and, for the purpose of arrests within those areas, and 3,015
for the purposes of Chapter 5503. of the Revised Code, and the 3,016
filing of and service of process relating to those offenses 3,017
witnessed or investigated by them, includes the superintendent 3,018
and troopers of the state highway patrol. 3,019
(C) "Prosecutor" includes the county prosecuting attorney 3,021
and any assistant prosecutor designated to assist the county 3,022
prosecuting attorney, and, in the case of courts inferior to 3,024
courts of common pleas, includes the village solicitor, city 3,025
director of law, or similar chief legal officer of a municipal 3,026
corporation, any such officer's assistants, or any attorney 3,027
designated by the prosecuting attorney of the county to appear 3,029
for the prosecution of a given case.
(D) "Offense," except where the context specifically 3,031
indicates otherwise, includes felonies, misdemeanors, and 3,032
violations of ordinances of municipal corporations and other 3,033
public bodies authorized by law to adopt penal regulations. 3,034
Sec. 4301.021. The director or, beginning on July 1, 1997, 3,043
the superintendent of liquor control shall exercise all powers 3,044
and perform all duties created and enjoined by Chapters 4301. and 3,045
4303. of the Revised Code, except for the powers and duties 3,046
vested in and enjoined upon the liquor control commission by 3,047
section 4301.022 of the Revised Code and all chapters and 3,048
sections of the Revised Code referred to in that section, and 3,049
except for the powers and duties vested in the department of 3,050
public safety under sections 5502.61 and 5502.62 5502.13 TO 3,052
5502.19 of the Revised Code and all provisions of the Revised 3,053
Code referred to in those sections THAT RELATE TO LIQUOR CONTROL
ENFORCEMENT. 3,054
Sec. 4301.10. (A) The department or, beginning on July 1, 3,063
1997, the division of liquor control shall DO ALL OF THE 3,064
FOLLOWING:
78
(1) Control the traffic in beer and intoxicating liquor in 3,066
this state, including the manufacture, importation, and sale of 3,068
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 3,070
distribution, transportation, and sale of beer and intoxicating 3,071
liquor and the sale of alcohol, as authorized or required by this 3,072
chapter and Chapter 4303. of the Revised Code; and a certificate 3,073
signed by the director or, beginning on July 1, 1997, the 3,074
superintendent of liquor control to which is affixed the official 3,076
seal of the department or division stating that it appears from 3,077
the records of the department or division that no permit has been
issued to the person specified in the certificate, or that a 3,078
permit, if issued, has been revoked, canceled, or suspended shall 3,080
be received as prima-facie evidence of the facts recited in the 3,081
certificate in any court, or before any officer of this state; 3,083
(3) Put into operation, manage, and control a system of 3,085
state liquor stores for the sale of spirituous liquor at retail 3,086
and to holders of permits authorizing the sale of spirituous 3,087
liquor; however, the department or division shall not establish 3,088
any drive-in state liquor stores; and by means of those types of 3,090
stores, and any manufacturing plants, distributing and bottling 3,091
plants, warehouses, and other facilities that it considers 3,092
expedient, establish and maintain a state monopoly of the 3,093
distribution of spirituous liquor and its sale in packages or 3,094
containers; and for that purpose manufacture, buy, import, 3,095
possess, and sell spirituous liquors as provided in this chapter 3,096
and Chapter 4303. of the Revised Code, and in the rules 3,097
promulgated by the director or superintendent of liquor control 3,098
pursuant to those chapters; lease, or in any manner acquire the 3,100
use of any land or building required for any of those purposes; 3,101
purchase any equipment that is required; and borrow money to 3,102
carry on its business, and issue, sign, endorse, and accept 3,103
notes, checks, and bills of exchange; but all obligations of the 3,104
department or division created under authority of this division
79
shall be a charge only upon the moneys received by the department 3,106
or division from the sale of spirituous liquor and its other 3,108
business transactions in connection with the sale of spirituous 3,109
liquor, and shall not be general obligations of the state; 3,111
(4) Enforce the administrative provisions of this chapter 3,113
and Chapter 4303. of the Revised Code, and the rules and orders 3,115
of the liquor control commission and the director or 3,116
superintendent relating to the manufacture, importation, 3,117
transportation, distribution, and sale of beer and intoxicating 3,118
liquors; and the attorney general, any prosecuting attorney, and 3,119
any prosecuting officer of a municipal corporation or a municipal 3,120
court shall, at the request of the department or division of 3,121
liquor control or the department of public safety, prosecute any 3,122
person charged with the violation of any provision in those 3,123
chapters or of any section of the Revised Code relating to the 3,124
manufacture, importation, transportation, distribution, and sale 3,125
of beer and intoxicating liquor; 3,126
(5) Determine the locations of all state liquor stores and 3,128
manufacturing, distributing, and bottling plants required in 3,129
connection therewith, subject to this chapter and Chapter 4303. 3,130
of the Revised Code; 3,131
(6) Conduct inspections of liquor permit premises to 3,133
determine compliance with the administrative provisions of this 3,135
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 3,136
Except as otherwise provided in division (A)(6) of this 3,138
section, those inspections may be conducted only during those 3,139
hours in which the permit holder is open for business and only by 3,140
authorized agents or employees of the department or division or 3,141
by any peace officer, as this term is defined in section 2935.01 3,142
of the Revised Code. Inspections may be conducted at other hours 3,143
only to determine compliance with laws or commission rules that 3,144
regulate the hours of sale of beer and intoxicating liquor and 3,145
only if the investigator has reasonable cause to believe that 3,146
80
those laws or rules are being violated. Any inspection conducted 3,147
pursuant to division (A)(6) of this section is subject to all of 3,148
the following requirements: 3,149
(a) The only property that may be confiscated is 3,151
contraband, as defined in section 2901.01 of the Revised Code, or 3,153
property that is otherwise necessary for evidentiary purposes. 3,154
(b) A complete inventory of all property confiscated from 3,156
the premises shall be given to the permit holder or the permit 3,157
holder's agent or employee by the confiscating agent or officer 3,159
at the conclusion of the inspection. At that time, the inventory 3,160
shall be signed by the confiscating agent or officer and the 3,161
agent or officer shall give the permit holder or the permit 3,162
holder's agent or employee the opportunity to sign the inventory. 3,163
(c) Inspections conducted pursuant to division (A)(6) of 3,165
this section shall be conducted in a reasonable manner. A 3,166
finding by any court of competent jurisdiction that the 3,167
inspection was not conducted in a reasonable manner in accordance 3,168
with this section or any rules promulgated by the commission may 3,169
be considered grounds for suppression of evidence. A finding by 3,170
the liquor control commission that the inspection was not 3,171
conducted in a reasonable manner in accordance with this section 3,172
or any rules promulgated by the commission may be considered 3,173
grounds for dismissal of the commission case. 3,174
If any court of competent jurisdiction finds that property 3,176
confiscated as the result of an administrative inspection is not 3,177
necessary for evidentiary purposes and is not contraband, as 3,178
defined in section 2901.01 of the Revised Code, the court shall 3,180
order the immediate return of the confiscated property, provided 3,181
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 3,182
property is not grounds for dismissal of the case. The 3,183
commission likewise may order the return of confiscated property 3,184
if no criminal prosecution is pending or anticipated. 3,185
(7) Delegate to any of its agents or employees any power 3,187
81
of investigation that the department or division possesses with 3,188
respect to the enforcement of any of the administrative laws 3,189
relating to beer and to intoxicating liquor, provided that this 3,190
division does not authorize the department or division to 3,192
designate any agent or employee to serve as a liquor control 3,194
investigator AN ENFORCEMENT AGENT. The employment and
designation of liquor control investigators ENFORCEMENT AGENTS 3,196
shall be within the exclusive authority of the director of public 3,198
safety pursuant to sections 5502.13 and 5502.61 TO 5502.19 of the 3,199
Revised Code.
(8) Except as otherwise provided in division (A)(8) of 3,201
this section, collect the following fees: 3,202
(a) An annual twenty-five-dollar registration fee for each 3,204
representative, registered pursuant to section 4303.25 of the 3,205
Revised Code, of a beer or intoxicating liquor manufacturer doing 3,206
business in this state; 3,207
(b) A fifty-dollar product registration fee for each new 3,209
beer or intoxicating liquor product sold in this state. The 3,210
product registration fee shall be accompanied by a copy of the 3,211
federal label and product approval for the new product. 3,212
(c) An annual three-hundred-dollar out-of-state supplier 3,214
consent-to-import fee from each manufacturer or supplier not 3,215
subject to division (A)(8)(e) of this section, in addition to an 3,217
initial application fee of one hundred dollars; 3,218
(d) An annual twenty-five-dollar registration fee for coil 3,220
cleaners of beer dispensing equipment doing business in this 3,221
state. 3,222
(e) An annual one-hundred-dollar out-of-state 3,224
consent-to-import fee, in addition to an initial application fee 3,225
of one hundred dollars, from any manufacturer or out-of-state 3,226
supplier that produced or shipped into this state in the 3,227
immediately preceding calendar year a total of five hundred or 3,228
fewer cases of seven-hundred-fifty milliliter equivalent of 3,229
intoxicating liquor and twelve-ounce equivalent of beer. 3,230
82
Each consent-to-import, representative's registration, and 3,232
coil cleaner registration issued under division (A)(8) of this 3,234
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 3,235
the year, ending on the uniform expiration date for each, which 3,236
shall be designated by the department or division, and is subject 3,237
to suspension, revocation, cancellation, or fine as authorized by 3,238
this chapter and Chapter 4303. of the Revised Code. 3,239
(9) Establish a system of electronic data interchange 3,241
within the department or division and regulate the electronic 3,242
transfer of information and funds among persons and governmental 3,244
entities engaged in the manufacture, distribution, and retail 3,245
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 3,247
implication conferred upon the department or division by this 3,248
chapter and Chapter 4303. of the Revised Code, and all powers 3,249
necessary for the exercise or discharge of any power, duty, or 3,250
function expressly conferred or imposed upon the department or 3,251
division by those chapters. 3,252
(B) The department or division may DO ALL OF THE 3,254
FOLLOWING:
(1) Sue, but may be sued only in connection with the 3,256
execution of leases of real estate and the purchases and 3,257
contracts necessary for the operation of the state liquor stores 3,258
that are made under this chapter and Chapter 4303. of the Revised 3,259
Code; 3,260
(2) Enter into leases and contracts of all descriptions 3,262
and acquire and transfer title to personal property with regard 3,264
to the sale, distribution, and storage of spirituous liquor 3,265
within the state;
(3) Terminate at will any lease entered into pursuant to 3,267
division (B)(2) of this section upon first giving ninety days' 3,269
notice in writing to the lessor of its intention to do so; 3,270
(4) Fix the wholesale and retail prices at which the 3,272
83
various classes, varieties, and brands of spirituous liquor shall 3,273
be sold by the department DIVISION. Those retail prices shall be 3,275
the same at all state liquor stores, except to the extent that a 3,276
price differential is required to collect a county sales tax 3,277
levied pursuant to section 5739.021 of the Revised Code and for 3,278
which tax the tax commissioner has authorized prepayment pursuant 3,279
to section 5739.05 of the Revised Code. In fixing selling 3,280
prices, the department or division shall compute an anticipated 3,281
gross profit at least sufficient to provide in each calendar year 3,282
all costs and expenses of the department or division and also an 3,283
adequate working capital reserve for the department or division. 3,285
The gross profit shall not exceed forty per cent of the retail 3,286
selling price based on costs of the department or division, and 3,287
in addition the sum required by section 4301.12 of the Revised 3,288
Code to be paid into the state treasury. An amount equal to one 3,289
and one-half per cent of that gross profit shall be paid into the 3,290
alcoholism-detoxification centers fund created under section 3,291
4301.30 of the Revised Code and be appropriated by the general 3,292
assembly from the fund to the department of alcohol and drug 3,293
addiction services as provided in section 4301.30 of the Revised 3,294
Code. 3,295
On spirituous liquor manufactured in Ohio from the juice of 3,297
grapes or fruits grown in Ohio, the department or division shall 3,298
compute an anticipated gross profit of not to exceed ten per 3,299
cent. The wholesale prices shall be at a discount of not less 3,300
than twelve and one-half per cent of the retail selling prices as 3,301
determined by the department or division in accordance with this 3,302
section.
(C) The department or division may approve the expansion 3,304
or diminution of a premises to which a liquor permit has been 3,305
issued and may adopt standards governing such an expansion or 3,307
diminution.
Sec. 4301.21. The sale of beer or intoxicating liquor for 3,316
consumption on the premises is subject to the following 3,317
84
restrictions, in addition to those imposed by the rules and 3,318
orders of the department or, beginning on July 1, 1997, the 3,319
division of liquor control: 3,320
(A) Except as otherwise provided in this chapter, beer or 3,322
intoxicating liquor may be served to a person not seated at a 3,323
table unless there is reason to believe that the beer or 3,324
intoxicating liquor so served will be consumed by a person under 3,325
twenty-one years of age. 3,326
(B) Beer or intoxicating liquor may be served by a hotel 3,328
in the room of a bona fide guest, and may be sold by a hotel 3,329
holding a D-5a permit, or a hotel holding a D-3 or D-5 permit 3,330
that otherwise meets all of the requirements for holding a D-5a 3,331
permit, by means of a controlled access alcohol and beverage 3,332
cabinet which THAT shall be located only in the hotel room of a 3,333
registered guest. A hotel may sell beer or intoxicating liquor 3,334
as authorized by its permit to a registered guest by means of a 3,335
controlled access alcohol and beverage cabinet in accordance with 3,336
the following requirements: 3,337
(1) Only a person twenty-one years of age or older who is 3,339
a guest registered to stay in a guestroom shall be provided a 3,340
key, magnetic card, or other similar device necessary to obtain 3,341
access to the contents of a controlled access alcohol and 3,342
beverage cabinet in that guestroom. 3,343
(2) The hotel shall comply with section 4301.22 of the 3,345
Revised Code in connection with the handling, restocking, and 3,346
replenishing of the beer and intoxicating liquor in the 3,347
controlled access alcohol and beverage cabinet. 3,348
(3) The hotel shall replenish or restock beer and 3,350
intoxicating liquor in any controlled access alcohol and beverage 3,351
cabinet only during the hours during which the hotel may serve or 3,352
sell beer and intoxicating liquor. 3,353
(4) The registered guest shall verify in writing that he 3,355
THE GUEST has read and understands the language which THAT shall 3,356
be posted on the controlled access alcohol and beverage cabinet 3,357
85
as required by division (B)(5) of this section. 3,358
(5) A hotel authorized to sell beer and intoxicating 3,360
liquor pursuant to division (B) of this section shall post on the 3,361
controlled access alcohol and beverage cabinet, in conspicuous 3,362
language, the following notice: 3,363
"The alcoholic beverages contained in this cabinet shall 3,365
not be removed from the premises." 3,366
(6) The hotel shall maintain a record of each sale of beer 3,368
or intoxicating liquor made by the hotel by means of a controlled 3,369
access alcohol and beverage cabinet for any period in which the 3,370
permit holder is authorized to hold the permit pursuant to 3,371
sections 4303.26 and 4303.27 of the Revised Code and any 3,372
additional period during which an applicant exercises its right 3,373
to appeal a rejection by the department or division of liquor 3,374
control to renew a permit pursuant to section 4303.271 of the 3,375
Revised Code. The records maintained by the hotel shall comply 3,376
with both of the following: 3,377
(a) Include the name, address, age, and signature of each 3,379
hotel guest who is provided access by the hotel to a controlled 3,380
access alcohol and beverage cabinet pursuant to division (B)(1) 3,381
of this section; 3,382
(b) Be made available during business hours to authorized 3,384
agents of the department or division of liquor control pursuant 3,385
to division (A)(6) of section 4301.10 of the Revised Code or to 3,386
liquor control investigators ENFORCEMENT AGENTS of the department 3,387
of public safety pursuant to section 5502.26 SECTIONS 5502.13 TO 3,388
5502.19 of the Revised Code. 3,389
(7) The hotel shall observe all other applicable rules 3,391
adopted by the department or division of liquor control and the 3,392
liquor control commission. 3,393
(C) Neither the seller nor the liquor control commission 3,395
by its regulations shall require the purchase of food with the 3,396
purchase of beer or intoxicating liquor; nor shall the seller of 3,397
beer or intoxicating liquor give away food of any kind in 3,398
86
connection with the sale of beer or intoxicating liquor, except 3,399
as authorized by rule of the liquor control commission. 3,400
(D) The seller shall not permit the purchaser to remove 3,402
beer or intoxicating liquor so sold from the premises. 3,403
(E) A hotel authorized to sell beer and intoxicating 3,405
liquor pursuant to division (B) of this section shall provide a 3,406
registered guest with the opportunity to refuse to accept a key, 3,407
magnetic card, or other similar device necessary to obtain access 3,408
to the contents of a controlled access alcohol and beverage 3,409
cabinet in that guest room. If a registered guest refuses to 3,410
accept such key, magnetic card, or other similar device, the 3,411
hotel shall not assess any charges on the registered guest for 3,412
use of the controlled access alcohol and beverage cabinet in that 3,413
guest room. 3,414
Sec. 4301.31. Except as provided in section 4301.28 of the 3,423
Revised Code, no court, other than the court of common pleas of 3,424
Franklin county, has jurisdiction of any action against the 3,425
liquor control commission, liquor control investigators 3,426
ENFORCEMENT AGENTS of the department of public safety, the 3,427
director or, beginning on July 1, 1997, the superintendent of 3,429
liquor control, or the department or, beginning on July 1, 1997, 3,430
the division of liquor control, to restrain the exercise of any 3,432
power or to compel the performance of any duty under Chapters 3,433
4301. and 4303. of the Revised Code. Neither the department or 3,434
division, the members of the commission, the liquor control 3,435
investigators ENFORCEMENT AGENTS, nor the director or 3,437
superintendent is personally liable in any action at law for 3,438
damages sustained by any person because of any acts done by the 3,439
department or division, the commission, the liquor control 3,440
investigators ENFORCEMENT AGENTS, or the director or 3,441
superintendent, or any employee of the department or division, in 3,442
the performance of his OFFICIAL duties and the administration of 3,443
such THOSE chapters. 3,444
Sec. 4301.53. The judge of a court of record may issue 3,452
87
warrants to search a house, building, place, vehicle, watercraft, 3,453
aircraft, or conveyance for beer, alcohol, or intoxicating liquor 3,454
manufactured, possessed, stored, concealed, sold, furnished, 3,455
given away, or transported in violation of Chapters 4301. and 3,456
4303. of the Revised Code, and the containers in which the same 3,457
is found, or machinery, tools, implements, equipment, supplies, 3,458
and materials used or kept for use in manufacturing beer or 3,459
intoxicating liquor in violation of such THOSE chapters, and to 3,460
seize any of such THAT property and things found therein IN IT, 3,463
together with the vehicle, watercraft, aircraft, or conveyance in 3,464
which the same is found. The issuance of such THOSE warrants is 3,465
subject in all respects to sections 2933.22 to 2933.27 of the 3,467
Revised Code; except that any such vehicle, watercraft, aircraft, 3,468
or other conveyance shall be returned to its owner upon execution 3,469
by him THE OWNER of a bond with surety to the satisfaction of the 3,471
liquor control investigator ENFORCEMENT AGENT of the department 3,473
of public safety or other law enforcement officer making the
seizure in an equal amount to its value, conditioned upon its 3,475
return to the custody of such AGENT OR officer on the day of 3,476
trial to abide by the judgment of the court. Upon conviction of 3,477
any violation of Chapters 4301. and 4303. of the Revised Code, 3,478
any property found in the possession of the person convicted or 3,479
the person's agent or employee shall be disposed of as provided 3,480
in section 4301.45 of the Revised Code. If the accused is 3,481
discharged by the judge or magistrate, such vehicle, watercraft, 3,482
aircraft, or other conveyance shall be returned to its owner, and 3,483
any bond given pursuant to this section shall be canceled. If 3,484
the accused is the holder of a permit issued under Chapters 4301. 3,485
and 4303. of the Revised Code, any beer, intoxicating liquor, or 3,486
alcohol seized shall be disposed of as provided in section 3,488
4301.29 of the Revised Code, and any other property seized shall 3,489
be returned to its owner by the officer having the custody or 3,490
possession of such property. If the accused is not the holder of 3,491
such a permit in force at the time, any beer, intoxicating 3,492
88
liquor, or alcohol that was not illegally manufactured shall be 3,493
forfeited to the state and shall forthwith be disposed of under 3,494
section 2933.41 of the Revised Code. Illegally manufactured 3,495
beer, intoxicating liquor, or alcohol, and other property, except 3,496
as provided in this section, shall be destroyed, and any such 3,497
beer, intoxicating liquor, or alcohol, or other property is 3,498
hereby declared to be a public nuisance. 3,499
Sec. 4301.66. No person shall hinder or obstruct any agent 3,508
or employee of the department or, beginning on July 1, 1997, the 3,509
division of liquor control, any liquor control investigator 3,510
ENFORCEMENT AGENT of the department of public safety, or any 3,511
officer of the law, from making inspection or search of any 3,512
place, other than a bona fide private residence, where beer or 3,513
intoxicating liquor is possessed, kept, sold, or given away. 3,514
Sec. 4501.10. All (A) EXCEPT AS PROVIDED IN DIVISION (B) 3,523
OF THIS SECTION, money received by the department of public 3,524
safety from the sale of motor vehicles and related equipment 3,525
pursuant to section 125.13 of the Revised Code shall be 3,526
transferred to the highway safety salvage and exchange
administration fund, highway safety salvage and exchange bureau 3,527
of motor vehicles fund, or highway safety salvage and exchange 3,528
highway patrol fund, as appropriate. Such funds are hereby 3,530
created in the state treasury. The money shall be used only to 3,531
purchase replacement motor vehicles and related equipment. All 3,532
investment earnings of these funds shall be credited to the
funds, respectively. 3,533
(B) MONEY RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY FROM 3,535
THE SALE OF MOTOR VEHICLES AND RELATED EQUIPMENT OF THE BUREAU OF 3,536
MOTOR VEHICLES PURSUANT TO SECTION 125.13 OF THE REVISED CODE 3,537
SHALL BE TRANSFERRED TO THE STATE BUREAU OF MOTOR VEHICLES FUND 3,538
CREATED BY SECTION 4501.25 OF THE REVISED CODE.
Sec. 4501.27. (A) Except as provided in division (B) of 3,548
this section, on and after September 13, 1997, the registrar of 3,549
motor vehicles, and any employee or contractor of the bureau of 3,550
89
motor vehicles, shall not knowingly disclose or otherwise make 3,552
available to any person or entity any personal information about 3,553
an individual that the bureau obtained in connection with a motor 3,555
vehicle record.
(B)(1) On and after September 13, 1997, the registrar of 3,558
motor vehicles, or an employee or contractor of the bureau of 3,559
motor vehicles, shall disclose personal information about an 3,561
individual that the bureau obtained in connection with a motor 3,562
vehicle record, for use in connection with any of the following 3,563
matters to carry out the purposes of any specified federal
automobile-related act: 3,564
(a) Motor vehicle or driver safety and theft; 3,566
(b) Motor vehicle emissions; 3,568
(c) Motor vehicle product alterations, recalls, or 3,570
advisories; 3,571
(d) Performance monitoring of motor vehicles and dealers 3,574
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 3,577
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 3,579
(B)(1) of this section, on and after September 13, 1997, the 3,581
registrar, or an employee or contractor of the bureau of motor 3,582
vehicles, may disclose personal information about an individual 3,583
that the bureau obtained in connection with a motor vehicle 3,584
record, as follows:
(a) For the use of a government agency, including, but not 3,587
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 3,588
acting on behalf of an agency of this state, another state, the 3,589
United States, or a political subdivision of this state or 3,591
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 3,594
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 3,595
90
performance monitoring of motor vehicles, motor vehicle parts, 3,596
and dealers; motor vehicle market research activities, including, 3,598
but not limited to, survey research; and removal of non-owner 3,599
records from the original owner records of motor vehicle
manufacturers; 3,600
(c) For use in the normal course of business by a 3,602
legitimate business or an agent, employee, or contractor of a 3,603
legitimate business, but only for one of the following purposes: 3,604
(i) To verify the accuracy of personal information 3,606
submitted to the business, agent, employee, or contractor by an 3,607
individual;
(ii) If personal information submitted to the business, 3,610
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 3,611
for the purpose of preventing fraud, by pursuing legal remedies 3,612
against, or recovering on a debt or security interest against, 3,613
the individual.
(d) For use in connection with a civil, criminal, 3,615
administrative, or arbitral proceeding in a court or agency of 3,616
this state, another state, the United States, or a political 3,617
subdivision of this state or another state or before a 3,618
self-regulatory body, including, but not limited to, use in 3,619
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 3,620
judgment or order; 3,621
(e) Pursuant to an order of a court of this state, another 3,624
state, the United States, or a political subdivision of this
state or another state; 3,625
(f) For use in research activities or in producing 3,627
statistical reports, provided the personal information is not 3,628
published, redisclosed, or used to contact an individual; 3,629
(g) For use by an insurer, insurance support organization, 3,632
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 3,633
91
investigation activity, anti-fraud activity, rating, or 3,634
underwriting;
(h) For use in providing notice to the owner of a towed, 3,637
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 3,640
or licensed security service for any purpose permitted under
division (B)(2) of this section; 3,641
(j) For use by an employer or by the agent or insurer of 3,644
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 3,645
required under the "Commercial Motor Vehicle Safety Act of 1986," 3,646
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 3,647
amended;
(k) For use in connection with the operation of a private 3,650
toll transportation facility;
(l) For any use not otherwise identified in division 3,652
(B)(2) of this section that is in response to a request for 3,654
individual motor vehicle records, if the bureau of motor vehicles 3,655
has provided both of the following in a clear and conspicuous 3,656
manner on forms for the issuance or renewal of driver's or 3,657
commercial driver's licenses, motor vehicle certificates of 3,658
title, motor vehicle registrations and identification license 3,659
plates, and identification cards:
(i) Notice that personal information collected by the 3,662
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who completes and 3,665
submits any of the forms to prohibit disclosures.
(m) For bulk distribution for surveys, marketing, or 3,667
solicitations, if the bureau of motor vehicles has implemented 3,668
methods and procedures to ensure both of the following: 3,669
(i) That individuals are provided, BOTH OF THE FOLLOWING: 3,671
WRITTEN NOTICE, in a clear and conspicuous manner, ON FORMS FOR 3,674
THE ISSUANCE OR RENEWAL OF DRIVER'S OR COMMERCIAL DRIVER'S
92
LICENSES, MOTOR VEHICLE CERTIFICATES OF TITLE, MOTOR VEHICLE 3,676
REGISTRATIONS AND LICENSE PLATES, AND IDENTIFICATION CARDS, AND 3,679
VERBAL NOTICE WHEN A TRANSACTION IS PERFORMED IN PERSON, THAT 3,680
PERSONAL INFORMATION COLLECTED BY THE BUREAU ON OR IN RELATION TO
THE FORMS MAY BE DISCLOSED FOR USES OF THIS NATURE; AND an 3,683
opportunity to prohibit uses of this nature BY COMPLETING AND
SUBMITTING FORMS PROVIDED BY THE BUREAU; 3,684
(ii) The information will be used, rented, or sold solely 3,687
for bulk distribution for surveys, marketing, or solicitations,
and that those surveys, marketing, and solicitations will not be 3,689
directed at an individual who has requested in a timely fashion 3,690
that the surveys, marketing, and solicitations not be directed at 3,691
that individual.
(n) For use by a person, state, or state agency that 3,693
requests the information, if the person, state, or state agency 3,694
demonstrates that it has obtained the written consent of the 3,695
individual to whom the information pertains; 3,696
(o) For any other use specifically authorized by law that 3,699
is related to the operation of a motor vehicle or to public
safety.
(C) On and after September 13, 1997, an authorized 3,702
recipient of personal information about an individual that the 3,703
bureau of motor vehicles obtained in connection with a motor 3,704
vehicle record, other than a recipient under division (B)(2)(l) 3,705
or (m) of this section, may resell or redisclose the personal 3,707
information only for a use permitted under division (B)(1), 3,708
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 3,709
and after September 13, 1997, an authorized recipient of personal 3,710
information about an individual under division (B)(2)(l) of this 3,712
section may resell or redisclose the information for any purpose. 3,713
On and after September 13, 1997, an authorized recipient of 3,714
personal information under division (B)(2)(m) of this section may 3,717
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 3,719
93
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 3,722
division (B)(2)(l) of this section, that resells or rediscloses 3,723
any personal information covered by this section must keep for a 3,724
period of five years a record that identifies each person or 3,725
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 3,726
must make all such records available to the registrar of motor 3,727
vehicles upon the registrar's request. 3,728
(D) The registrar of motor vehicles may establish and 3,731
carry out procedures under which the registrar or the registrar's 3,732
agents, upon receipt of a request for personal information on or 3,733
after September 13, 1997, that does not satisfy any of the 3,735
criteria for disclosure of the information that are set forth in
division (B)(1) or (2) of this section, may notify the individual 3,737
about whom the information was requested, by regular mail, that 3,738
the request was made. Any procedures so adopted shall provide
that, if the registrar or an agent of the registrar mails the 3,740
notice to the individual, the registrar or agent shall include 3,741
with the notice a copy of the request and conspicuously shall 3,742
include in the notice a statement that the information will not 3,743
be released unless the individual waives the individual's right 3,744
to privacy regarding the information that is granted under this
section.
(E) The registrar of motor vehicles may adopt any forms 3,747
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 3,752
2721-2725, that are necessary to carry out the registrar's duties 3,753
under this section on and after September 13, 1997. 3,754
(F) Divisions (A) to (E) of this section do not apply to 3,757
the release of any personal information prior to September 13, 3,758
1997.
(G) As used in this section: 3,760
(1) "Motor vehicle record" means a record that pertains to 3,762
94
a motor vehicle driver's or commercial driver's license or 3,763
permit, a motor vehicle certificate of title, a motor vehicle 3,764
registration or motor vehicle identification license plates, or 3,765
an identification card issued by the bureau of motor vehicles. 3,766
(2) "Person" has the same meaning as in section 1.59 of 3,768
the Revised Code and does not include this state, another state, 3,769
or an agency of this state or another state. 3,770
(3) "Personal information" means information that 3,772
identifies an individual, including, but not limited to, an 3,773
individual's photograph OR DIGITAL IMAGE, social security number, 3,775
driver or driver's license identification number, name, telephone 3,776
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 3,778
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 3,779
status.
(4) "Specified federal automobile-related act" means the 3,781
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 3,787
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 3,792
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 3,796
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 3,801
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 3,804
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 3,808
U.S.C. 7401, et seq., all as now or hereafter amended. 3,810
Sec. 4503.19. Upon the filing of an application for 3,819
registration and the payment of the tax therefor FOR 3,821
REGISTRATION, the registrar of motor vehicles or a deputy 3,822
registrar shall determine whether the owner PREVIOUSLY has 3,823
previously been issued license plates for the motor vehicle 3,824
described in the application. If no license plates PREVIOUSLY 3,825
have previously been issued to the owner for that motor vehicle, 3,827
the registrar or deputy registrar shall assign to the motor 3,828
vehicle a distinctive number and issue and deliver to the owner 3,829
in such THE manner as THAT the registrar may select a certificate 3,831
95
of registration, in such THE form as THAT the registrar shall 3,833
prescribe, and, except as otherwise provided in this section, two 3,834
license plates, duplicates of each other, and a validation 3,835
sticker, or a validation sticker alone, to be attached to the 3,837
number plates as provided in section 4503.191 of the Revised 3,839
Code. The registrar or deputy registrar also shall charge the 3,840
owner any fees required under division (C) of section 4503.10 of
the Revised Code. Trailers, manufactured homes, mobile homes, 3,841
semitrailers, the manufacturer thereof, the dealer, or in transit 3,843
companies therein, shall be issued one license plate only and one 3,844
validation sticker, or a validation sticker alone, which AND THE 3,845
license plate and validation sticker shall be displayed only on 3,847
the rear of such vehicles. A commercial tractor that does not 3,848
receive an apportioned license plate under the international 3,849
registration plan shall be issued two license plates and one 3,850
validation sticker, which AND THE validation sticker shall be 3,851
displayed on the front of the commercial tractor. An apportioned 3,852
vehicle receiving an apportioned license plate under the 3,854
international registration plan shall be issued one license plate 3,855
only and one validation sticker, or a validation sticker alone; 3,856
the license plate shall be displayed only on the front of a 3,857
semitractor and on the rear of all other vehicles. School buses 3,858
shall not be issued license plates, but shall bear identifying 3,859
numbers in the manner prescribed by section 4511.764 of the 3,860
Revised Code. The certificate of registration and license plates
and validation stickers, or validation stickers alone, shall be 3,862
issued and delivered to the owner in person or by mail. 3,863
Chauffeured limousines shall be issued license plates, a
validation sticker, and a livery sticker as provided in section 3,864
4503.24 of the Revised Code. In the event of the loss, 3,865
mutilation, or destruction of any certificate of registration, or 3,866
of any license plates or validation stickers, or in the event IF 3,867
the owner chooses to replace license plates previously issued for 3,869
a motor vehicle, or IF the registration certificate and license 3,870
96
plates have been impounded as provided by division (F)(1) of 3,872
section 4507.02 and division (A)(2) of section 4507.16 of the 3,873
Revised Code, the owner of a motor vehicle, or manufacturer or 3,874
dealer, may obtain from the registrar, or from a deputy registrar 3,875
if authorized by the registrar, a duplicate thereof or new 3,876
license plates bearing a different number, if the registrar 3,877
considers it advisable, upon filing an application prescribed by 3,878
the registrar, and upon paying a fee of one dollar for such 3,879
certificate of registration, a fee of five TWO dollars for each 3,880
set of two license plates, or three dollars ONE DOLLAR for each 3,881
single license plate or validation sticker. In addition, each 3,883
applicant for a replacement certificate of registration, license 3,885
plate, or validation sticker shall pay the fees provided in 3,886
divisions (C) and (D) of section 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who 3,888
either issues license plates and a validation sticker for use on 3,889
any vehicle other than a commercial tractor, semitrailer, or 3,891
apportioned vehicle, or who issues a validation sticker alone for 3,892
use on such a vehicle and the owner has changed the owner's 3,893
county of residence since the owner last was issued county 3,894
identification stickers, also shall issue and deliver to the 3,895
owner either one or two county identification stickers, as 3,896
appropriate, which shall be attached to the license plates in a 3,898
manner prescribed by the director of public safety. The county 3,899
identification stickers shall prominently identify PROMINENTLY by 3,901
name or number the county in which the owner of the vehicle 3,902
resides at the time of registration. 3,903
Sec. 4507.02. (A)(1) No person, except those expressly 3,912
exempted under sections 4507.03, 4507.04, and 4507.05 of the 3,913
Revised Code, shall operate any motor vehicle upon a highway or 3,914
any public or private property used by the public for purposes of 3,915
vehicular travel or parking in this state unless the person has a 3,916
valid driver's license issued under this chapter or a commercial 3,917
driver's license issued under Chapter 4506. of the Revised Code. 3,918
97
(2) No person shall permit the operation of a motor 3,920
vehicle upon any public or private property used by the public 3,921
for purposes of vehicular travel or parking knowing the operator 3,922
does not have a valid driver's license issued to the operator by 3,923
the registrar of motor vehicles under this chapter or a valid 3,924
commercial driver's license issued under Chapter 4506. of the 3,925
Revised Code. 3,926
(3) No person, except a person expressly exempted under 3,928
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall 3,929
operate any motorcycle upon a highway or any public or private 3,930
property used by the public for purposes of vehicular travel or 3,931
parking in this state unless the person has a valid license as a 3,932
motorcycle operator, that was issued upon application by the 3,933
registrar under this chapter. The license shall be in the form 3,934
of an endorsement, as determined by the registrar, upon a 3,935
driver's or commercial driver's license, if the person has a 3,936
valid license to operate a motor vehicle or commercial motor 3,937
vehicle, or in the form of a restricted license as provided in 3,938
section 4507.14 of the Revised Code, if the person does not have 3,939
a valid license to operate a motor vehicle or commercial motor 3,940
vehicle. 3,941
(4) No person shall receive a driver's license, or a 3,943
motorcycle operator's endorsement of a driver's or commercial 3,944
driver's license, unless and until the person surrenders to the 3,946
registrar all valid licenses issued to the person by another 3,947
jurisdiction recognized by this state. All surrendered licenses 3,949
shall be returned by the registrar to the issuing authority, 3,950
together with information that a license is now issued in this 3,951
state. No person shall be permitted to have more than one valid 3,952
license at any time. 3,953
(B)(1) No person, whose driver's or commercial driver's 3,955
license or permit or nonresident's operating privilege has been 3,956
suspended or revoked pursuant to Chapter 4509. of the Revised 3,957
Code, shall operate any motor vehicle within this state, or 3,958
98
knowingly permit any motor vehicle owned by the person to be 3,959
operated by another person in the state, during the period of the 3,961
suspension or revocation, except as specifically authorized by 3,962
Chapter 4509. of the Revised Code. No person shall operate a 3,963
motor vehicle within this state, or knowingly permit any motor 3,964
vehicle owned by the person to be operated by another person in 3,965
the state, during the period in which the person is required by 3,967
section 4509.45 of the Revised Code to file and maintain proof of 3,969
financial responsibility for a violation of section 4509.101 of 3,970
the Revised Code, unless proof of financial responsibility is 3,971
maintained with respect to that vehicle. 3,972
(2) No person shall operate any motor vehicle upon a 3,974
highway or any public or private property used by the public for 3,975
purposes of vehicular travel or parking in this state in 3,976
violation of any restriction of the person's driver's or 3,977
commercial driver's license imposed under division (D) of section 3,978
4506.10 or section 4507.14 of the Revised Code. 3,979
(C) No person, whose driver's or commercial driver's 3,981
license or permit has been suspended pursuant to section 3,982
4511.191, section 4511.196, or division (B) of section 4507.16 of 3,983
the Revised Code, shall operate any motor vehicle within this 3,984
state until the person has paid the license reinstatement fee 3,985
required pursuant to division (L) of section 4511.191 of the 3,987
Revised Code and the license or permit has been returned to the 3,988
person or a new license or permit has been issued to the person. 3,989
(D)(1) No person, whose driver's or commercial driver's 3,991
license or permit or nonresident operating privilege has been 3,992
suspended or revoked under any provision of the Revised Code 3,993
other than Chapter 4509. of the Revised Code or under any 3,994
applicable law in any other jurisdiction in which the person's 3,995
license or permit was issued, shall operate any motor vehicle 3,996
upon the highways or streets within this state during the period 3,997
of the suspension or within one year after the date of the 3,998
revocation. No person who is granted occupational driving 3,999
99
privileges by any court shall operate any motor vehicle upon the 4,000
highways or streets in this state except in accordance with the 4,001
terms of the privileges. 4,002
(2) No person, whose driver's or commercial driver's 4,004
license or permit or nonresident operating privilege has been 4,005
suspended under division (B) of section 4507.16 of the Revised 4,006
Code, shall operate any motor vehicle upon the highways or 4,007
streets within this state during the period of suspension. No 4,008
person who is granted occupational driving privileges by any 4,009
court shall operate any motor vehicle upon the highways or 4,010
streets in this state except in accordance with the terms of 4,011
those privileges. 4,012
(E)(1) It is an affirmative defense to any prosecution 4,014
brought pursuant to division (B), (C), or (D) of this section 4,015
that the alleged offender drove under suspension or in violation 4,016
of a restriction because of a substantial emergency, provided 4,017
that no other person was reasonably available to drive in 4,018
response to the emergency. 4,019
(2) IT IS AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION 4,021
BROUGHT PURSUANT TO DIVISION (B)(1) OF THIS SECTION THAT THE 4,022
ORDER OF SUSPENSION RESULTED FROM THE FAILURE OF THE ALLEGED 4,023
OFFENDER TO RESPOND TO A FINANCIAL RESPONSIBILITY RANDOM 4,024
VERIFICATION REQUEST UNDER DIVISION (A)(3)(c) OF SECTION 4509.101 4,025
OF THE REVISED CODE AND THAT, UPON A SHOWING OF PROOF OF 4,028
FINANCIAL RESPONSIBILITY, THE ALLEGED OFFENDER WAS IN COMPLIANCE 4,029
WITH DIVISION (A)(1) OF SECTION 4509.101 OF THE REVISED CODE AT 4,030
THE TIME OF THE INITIAL FINANCIAL RESPONSIBILITY RANDOM 4,032
VERIFICATION REQUEST.
(F)(1) If a person is convicted of a violation of division 4,034
(B), (C), or (D) of this section, the trial judge of any court, 4,035
in addition to or independent of, any other penalties provided by 4,036
law or ordinance, shall impound the identification license plates 4,037
of any motor vehicle registered in the name of the person. The 4,038
court shall send the impounded license plates to the registrar, 4,039
100
who may retain the license plates until the driver's or 4,040
commercial driver's license of the owner has been reinstated or 4,041
destroy them pursuant to section 4503.232 of the Revised Code. 4,042
If the license plates of a person convicted of a violation 4,044
of division (B), (C), or (D) of this section have been impounded 4,045
in accordance with the provisions of this division, the court 4,046
shall notify the registrar of that action. The notice shall 4,047
contain the name and address of the driver, the serial number of 4,048
the driver's driver's or commercial driver's license, the serial 4,050
numbers of the license plates of the motor vehicle, and the 4,051
length of time for which the license plates have been impounded. 4,052
The registrar shall record the data in the notice as part of the 4,053
driver's permanent record. 4,054
(2) Any motor vehicle owner who has had the license plates 4,056
of a motor vehicle impounded pursuant to division (F)(1) of this 4,057
section may apply to the registrar, or to a deputy registrar, for 4,058
special license plates which shall conform to the requirements of 4,059
section 4503.231 of the Revised Code. The registrar or deputy 4,060
registrar forthwith shall notify the court of the application 4,061
and, upon approval of the court, shall issue special license 4,062
plates to the applicant. Until the driver's or commercial 4,063
driver's license of the owner is reinstated, any new license 4,064
plates issued to the owner also shall conform to the requirements 4,066
of section 4503.231 of the Revised Code. 4,067
The registrar or deputy registrar shall charge the owner of 4,070
a vehicle the fees provided in section 4503.19 of the Revised 4,071
Code for special license plates that are issued in accordance 4,072
with this division, except upon renewal as specified in section 4,073
4503.10 of the Revised Code, when the regular fee as provided in 4,074
section 4503.04 of the Revised Code shall be charged. The 4,075
registrar or deputy registrar shall charge the owner of a vehicle 4,077
the fees provided in section 4503.19 of the Revised Code whenever
special license plates are exchanged, by reason of the 4,078
reinstatement of the driver's or commercial driver's license of 4,079
101
the owner, for those ordinarily issued. 4,080
(3) If an owner wishes to sell a motor vehicle during the 4,082
time the special license plates provided under division (F)(2) of 4,083
this section are in use, the owner may apply to the court that 4,085
impounded the license plates of the motor vehicle for permission 4,086
to transfer title to the motor vehicle. If the court is 4,087
satisfied that the sale will be made in good faith and not for 4,088
the purpose of circumventing the provisions of this section, it 4,089
may certify its consent to the owner and to the registrar of 4,090
motor vehicles who shall enter notice of the transfer of the 4,091
title of the motor vehicle in the vehicle registration record. 4,092
If, during the time the special license plates provided 4,094
under division (F)(2) of this section are in use, the title to a 4,095
motor vehicle is transferred by the foreclosure of a chattel 4,096
mortgage, a sale upon execution, the cancellation of a 4,097
conditional sales contract, or by order of a court, the court 4,098
shall notify the registrar of the action and the registrar shall 4,099
enter notice of the transfer of the title to the motor vehicle in 4,100
the vehicle registration record. 4,101
(G) This section is not intended to change or modify any 4,103
provision of Chapter 4503. of the Revised Code with respect to 4,104
the taxation of motor vehicles or the time within which the taxes 4,105
on motor vehicles shall be paid. 4,106
Sec. 4509.101. (A)(1) No person shall operate, or permit 4,115
the operation of, a motor vehicle in this state, unless proof of 4,116
financial responsibility is maintained continuously throughout 4,117
the registration period with respect to that vehicle, or, in the 4,118
case of a driver who is not the owner, with respect to that 4,119
driver's operation of that vehicle. 4,120
(2) Whoever violates division (A)(1) of this section shall 4,122
be subject to the following civil penalties: 4,123
(a) Suspension of the person's operating privileges and 4,125
impoundment of the person's license until the person complies 4,126
with division (A)(5) of this section. The suspension shall be 4,127
102
for a period of not less than ninety days except that if, within 4,128
five years of the violation, the person's operating privileges 4,129
are again suspended and the person's license is impounded one or 4,131
more times for a violation of division (A)(1) of this section, 4,132
the suspension shall be for a period of not less than one year. 4,133
Except as provided by section 4509.105 of the Revised Code, the 4,134
suspension is not subject to revocation, suspension, or 4,135
occupational or other limited operating privileges. 4,136
(b) In addition to the suspension of an owner's license 4,138
under division (A)(2)(a) of this section, the suspension of the 4,139
rights of the owner to register the motor vehicle and the 4,140
impoundment of the owner's certificate of registration and 4,141
license plates until the owner complies with division (A)(5) of 4,143
this section.
(3) A person to whom this state has issued a certificate 4,145
of registration for a motor vehicle or a license to operate a 4,146
motor vehicle or who is determined to have operated any motor 4,147
vehicle or permitted the operation in this state of a motor 4,148
vehicle owned by the person shall be required to verify the 4,149
existence of proof of financial responsibility covering the 4,150
operation of the motor vehicle or the person's operation of the 4,151
motor vehicle under any of the following circumstances: 4,152
(a) The person or a motor vehicle owned by the person is 4,154
involved in a traffic accident that requires the filing of an 4,155
accident report under section 4509.06 of the Revised Code. 4,156
(b) The person receives a traffic ticket indicating that 4,158
proof of the maintenance of financial responsibility was not 4,159
produced upon the request of a peace officer or state highway 4,160
patrol trooper made in accordance with division (D)(2) of this 4,162
section.
(c) Whenever, in accordance with rules adopted by the 4,164
registrar, the person is randomly selected by the registrar and 4,165
requested to provide such verification. 4,166
(4) An order of the registrar that suspends and impounds a 4,169
103
license or registration, or both, shall state the date on or 4,170
before which the person is required to surrender the person's 4,171
license or certificate of registration and license plates. The 4,172
person is deemed to have surrendered the license or certificate 4,173
of registration and license plates, in compliance with the order, 4,175
if the person does either of the following:
(a) On or before the date specified in the order, 4,177
personally delivers the license or certificate of registration 4,178
and license plates, or causes the delivery of the items, to the 4,180
registrar;
(b) Mails the license or certificate of registration and 4,182
license plates to the registrar in an envelope or container 4,183
bearing a postmark showing a date no later than the date 4,185
specified in the order.
(5) The EXCEPT AS PROVIDED IN DIVISION (A)(6) OF THIS 4,187
SECTION, THE registrar shall not restore any operating privileges 4,189
or registration rights suspended under this section, return any 4,190
license, certificate of registration, or license plates impounded 4,191
under this section, or reissue license plates under section 4,192
4503.232 of the Revised Code, if the registrar destroyed the 4,193
impounded license plates under that section, or reissue a license 4,194
under section 4507.54 of the Revised Code, if the registrar 4,195
destroyed the suspended license under that section, unless the 4,196
rights are not subject to suspension or revocation under any 4,197
other law and unless the person, in addition to complying with 4,198
all other conditions required by law for reinstatement of the 4,199
operating privileges or registration rights, complies with all of 4,200
the following:
(a) Pays a financial responsibility reinstatement fee of 4,202
seventy-five dollars for the first violation of division (A)(1) 4,203
of this section, two hundred fifty dollars for a second violation 4,204
of that division, and five hundred dollars for a third or 4,205
subsequent violation of that division; 4,206
(b) If the person has not voluntarily surrendered the 4,208
104
license, certificate, or license plates in compliance with the 4,209
order, pays a financial responsibility nonvoluntary compliance 4,210
fee in an amount, not to exceed fifty dollars, determined by the 4,211
registrar;
(c) Files and continuously maintains proof of financial 4,213
responsibility under sections 4509.44 to 4509.65 of the Revised 4,214
Code. 4,215
(6) IF THE REGISTRAR ISSUES AN ORDER UNDER DIVISION (A)(2) 4,218
OF THIS SECTION RESULTING FROM THE FAILURE OF A PERSON TO RESPOND 4,219
TO A FINANCIAL RESPONSIBILITY RANDOM VERIFICATION REQUEST UNDER 4,220
DIVISION (A)(3)(c) OF THIS SECTION AND THE PERSON SUCCESSFULLY 4,222
MAINTAINS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SECTION 4,223
4507.02 OF THE REVISED CODE OR IS DETERMINED BY THE REGISTRAR OR 4,224
A DEPUTY REGISTRAR TO HAVE BEEN IN COMPLIANCE WITH DIVISION 4,225
(A)(1) OF THIS SECTION AT THE TIME OF THE INITIAL FINANCIAL 4,226
RESPONSIBILITY RANDOM VERIFICATION REQUEST, THE REGISTRAR SHALL 4,228
DO BOTH OF THE FOLLOWING:
(a) TERMINATE THE ORDER OF SUSPENSION OR IMPOUNDMENT; 4,230
(b) RESTORE THE OPERATING PRIVILEGES AND REGISTRATION 4,232
RIGHTS OF THE PERSON WITHOUT PAYMENT OF THE FEES ESTABLISHED IN 4,233
DIVISIONS (A)(5)(a) AND (b) OF THIS SECTION AND WITHOUT A 4,235
REQUIREMENT TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
(B)(1) Every party required to file an accident report 4,238
under section 4509.06 of the Revised Code also shall include with 4,239
the report a document described in division (G)(1) of this
section. 4,240
If the registrar determines, within forty-five days after 4,242
the report is filed, that an operator or owner has violated 4,243
division (A)(1) of this section, the registrar shall do all of 4,244
the following: 4,245
(a) Order the impoundment, with respect to the motor 4,247
vehicle involved, required under division (A)(2)(b) of this 4,248
section, of the certificate of registration and license plates of 4,250
any owner who has violated division (A)(1) of this section; 4,251
105
(b) Order the suspension required under division (A)(2)(a) 4,253
of this section of the license of any operator or owner who has 4,254
violated division (A)(1) of this section; 4,255
(c) Record the name and address of the person whose 4,257
certificate of registration and license plates have been 4,258
impounded or are under an order of impoundment, or whose license 4,259
has been suspended or is under an order of suspension; the serial 4,260
number of the person's license; the serial numbers of the 4,262
person's certificate of registration and license plates; and the 4,263
person's social security account number, if assigned, or, where 4,264
the motor vehicle is used for hire or principally in connection 4,265
with any established business, the person's federal taxpayer 4,266
identification number. The information shall be recorded in such 4,267
a manner that it becomes a part of the person's permanent record, 4,268
and assists the registrar in monitoring compliance with the 4,269
orders of suspension or impoundment. 4,270
(d) Send written notification to every person to whom the 4,272
order pertains, at the person's last known address as shown on 4,273
the records of the bureau. The person, within ten days after the 4,275
date of the mailing of the notification, shall surrender to the 4,276
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates 4,277
under an order of impoundment, or any license under an order of 4,278
suspension. 4,279
(2) The registrar shall issue any order under division 4,281
(B)(1) of this section without a hearing. Any person adversely 4,283
affected by the order, within ten days after the issuance of the 4,285
order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a 4,286
hearing in accordance with this paragraph. A request for a 4,287
hearing does not operate as a suspension of the order. The scope 4,288
of the hearing shall be limited to whether the person in fact 4,289
demonstrated to the registrar proof of financial responsibility 4,290
in accordance with this section. The registrar shall determine 4,291
106
the date, time, and place of any hearing, provided that the 4,292
hearing shall be held, and an order issued or findings made, 4,293
within thirty days after the registrar receives a request for a 4,294
hearing. If requested by the person in writing, the registrar 4,295
may designate as the place of hearing the county seat of the 4,296
county in which the person resides or a place within fifty miles 4,297
of the person's residence. The person shall pay the cost of the 4,298
hearing before the registrar, if the registrar's order of 4,299
suspension or impoundment is upheld. 4,300
(C) Any order of suspension or impoundment issued under 4,302
this section or division (B) of section 4509.37 of the Revised 4,303
Code may be terminated at any time if the registrar determines 4,304
upon a showing of proof of financial responsibility that the 4,305
operator or owner of the motor vehicle was in compliance with 4,306
division (A)(1) of this section at the time of the traffic 4,307
offense, motor vehicle inspection, or accident that resulted in 4,309
the order against the person. A determination may be made 4,310
without a hearing. This division does not apply unless the 4,311
person shows good cause for the person's failure to present 4,312
satisfactory proof of financial responsibility to the registrar 4,314
prior to the issuance of the order.
(D)(1) For the purpose of enforcing this section, every 4,316
peace officer is deemed an agent of the registrar. Any 4,317
(a) EXCEPT AS PROVIDED IN DIVISION (D)(1)(b) OF THIS 4,320
SECTION, ANY peace officer who, in the performance of the peace 4,321
officer's duties as authorized by law, becomes aware of a person 4,323
whose license is under an order of suspension, or whose 4,324
certificate of registration and license plates are under an order 4,325
of impoundment, pursuant to this section, may confiscate the 4,326
license, certificate of registration, and license plates, and 4,327
return them to the registrar. 4,328
(b) ANY PEACE OFFICER WHO, IN THE PERFORMANCE OF THE PEACE 4,330
OFFICER'S DUTIES AS AUTHORIZED BY LAW, BECOMES AWARE OF A PERSON 4,331
WHOSE LICENSE IS UNDER AN ORDER OF SUSPENSION, OR WHOSE 4,333
107
CERTIFICATE OF REGISTRATION AND LICENSE PLATES ARE UNDER AN ORDER 4,334
OF IMPOUNDMENT RESULTING FROM FAILURE TO RESPOND TO A FINANCIAL 4,335
RESPONSIBILITY RANDOM VERIFICATION, SHALL NOT, FOR THAT REASON, 4,336
ARREST THE OWNER OR OPERATOR OR SEIZE THE VEHICLE OR LICENSE 4,337
PLATES. INSTEAD, THE PEACE OFFICER SHALL ISSUE A CITATION FOR A
VIOLATION OF DIVISION (B)(1) OF SECTION 4507.02 OF THE REVISED 4,339
CODE SPECIFYING THE CIRCUMSTANCES AS FAILURE TO RESPOND TO A 4,340
FINANCIAL RESPONSIBILITY RANDOM VERIFICATION. 4,341
(2) A peace officer shall request the owner or operator of 4,343
a motor vehicle to produce proof of financial responsibility in a 4,344
manner described in division (G) of this section at the time the 4,346
peace officer acts to enforce the traffic laws of this state and 4,347
during motor vehicle inspections conducted pursuant to section 4,348
4513.02 of the Revised Code. 4,349
(3) A peace officer shall indicate on every traffic ticket 4,351
whether the person receiving the traffic ticket produced proof of 4,352
the maintenance of financial responsibility in response to the 4,353
officer's request under division (D)(2) of this section. The 4,355
peace officer shall inform every person who receives a traffic 4,356
ticket and who has failed to produce proof of the maintenance of 4,359
financial responsibility that the person must submit proof to the 4,360
traffic violations bureau with any payment of a fine and costs 4,361
for the ticketed violation or, if the person is to appear in 4,362
court for the violation, the person must submit proof to the 4,364
court.
(4)(a) If a person who has failed to produce proof of the 4,368
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present 4,369
evidence of proof of financial responsibility to the court at 4,371
such time and in such manner as the court determines to be 4,372
necessary or appropriate. The clerk of courts shall provide the 4,373
registrar with the identity of any person who fails to submit 4,374
proof of the maintenance of financial responsibility pursuant to 4,375
division (D)(3) of this section. 4,376
108
(b) If a person who has failed to produce proof of the 4,378
maintenance of financial responsibility also fails to submit that 4,379
proof to the traffic violations bureau with payment of a fine and 4,380
costs for the ticketed violation, the traffic violations bureau 4,381
shall notify the registrar of the identity of that person. 4,382
(5)(a) Upon receiving notice from a clerk of courts or 4,384
traffic violations bureau pursuant to division (D)(4) of this 4,385
section, the registrar shall order the suspension of the license 4,387
of the person required under division (A)(2)(a) of this section 4,388
and the impoundment of the person's certificate of registration 4,389
and license plates required under division (A)(2)(b) of this 4,390
section, effective thirty days after the date of the mailing of 4,391
notification. The registrar also shall notify the person that 4,393
the person must present the registrar with proof of financial
responsibility in accordance with this section, surrender to the 4,394
registrar the person's certificate of registration, license 4,396
plates, and license, or submit a statement subject to section 4,397
2921.13 of the Revised Code that the person did not operate or 4,398
permit the operation of the motor vehicle at the time of the 4,400
offense. Notification shall be in writing and shall be sent to 4,402
the person at the person's last known address as shown on the 4,403
records of the bureau of motor vehicles. The person, within 4,404
fifteen days after the date of the mailing of notification, shall 4,405
present proof of financial responsibility, surrender the 4,406
certificate of registration, license plates, and license to the 4,407
registrar in a manner set forth in division (A)(4) of this 4,409
section, or submit the statement required under this section 4,410
together with other information the person considers appropriate. 4,411
If the registrar does not receive proof or the person does 4,414
not surrender the certificate of registration, license plates, 4,415
and license, in accordance with this division, the registrar 4,416
shall permit the order for the suspension of the license of the 4,418
person and the impoundment of the person's certificate of 4,421
registration and license plates to take effect. 4,422
109
(b) In the case of a person who presents, within the 4,424
fifteen-day period, documents to show proof of financial 4,425
responsibility, the registrar shall terminate the order of 4,426
suspension and the impoundment of the registration and license 4,427
plates required under division (A)(2)(b) of this section and 4,428
shall send written notification to the person, at the person's 4,429
last known address as shown on the records of the bureau. license 4,430
(c) Any person adversely affected by the order of the 4,432
registrar under division (D)(5)(a) or (b) of this section, within 4,434
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide 4,435
the person with an opportunity for a hearing in accordance with 4,436
this paragraph. A request for a hearing does not operate as a 4,437
suspension of the order. The scope of the hearing shall be 4,438
limited to whether the person in fact demonstrated to the 4,439
registrar proof of financial responsibility in accordance with 4,440
this section. The registrar shall determine the date, time, and 4,441
place of any hearing; provided, that the hearing shall be held, 4,442
and an order issued or findings made, within thirty days after 4,443
the registrar receives a request for a hearing. If requested by 4,444
the person in writing, the registrar may designate as the place 4,445
of hearing the county seat of the county in which the person 4,446
resides or a place within fifty miles of the person's residence. 4,447
Such person shall pay the cost of the hearing before the 4,448
registrar, if the registrar's order of suspension or impoundment 4,449
under division (D)(5)(a) or (b) of this section is upheld. 4,450
(6) A peace officer may charge an owner or operator of a 4,452
motor vehicle with a violation of division (B)(1) of section 4,453
4507.02 of the Revised Code when the owner or operator fails to 4,454
show proof of the maintenance of financial responsibility 4,455
pursuant to a peace officer's request under division (D)(2) of 4,457
this section, if a check of the owner or operator's driving
record indicates that the owner or operator, at the time of the 4,458
operation of the motor vehicle, is required to file and maintain 4,459
110
proof of financial responsibility under section 4509.45 of the 4,460
Revised Code for a previous violation of this chapter. 4,461
(7) Any forms used by law enforcement agencies in 4,463
administering this section shall be prescribed, supplied, and 4,464
paid for by the registrar. 4,465
(8) No peace officer, law enforcement agency employing a 4,467
peace officer, or political subdivision or governmental agency 4,468
that employs a peace officer shall be liable in a civil action 4,469
for damages or loss to persons arising out of the performance of 4,470
any duty required or authorized by this section. 4,471
(9) As used in this division and divisions (E) and (G) of 4,474
this section, "peace officer" has the meaning set forth in 4,475
section 2935.01 of the Revised Code. 4,476
(E) All fees, except court costs, collected under this 4,478
section shall be paid into the state treasury to the credit of 4,479
the financial responsibility compliance fund. The financial 4,480
responsibility compliance fund shall be used exclusively to cover 4,481
costs incurred by the bureau in the administration of this 4,482
section and sections 4503.20, 4507.212, and 4509.81 of the 4,483
Revised Code, and by any law enforcement agency employing any 4,484
peace officer who returns any license, certificate of 4,485
registration, and license plates to the registrar pursuant to 4,487
division (C) of this section, except that the director of budget 4,489
and management may transfer excess money from the financial 4,490
responsibility compliance fund to the state bureau of motor 4,491
vehicles fund if the registrar determines that the amount of
money in the financial responsibility compliance fund exceeds the 4,493
amount required to cover such costs incurred by the bureau or a 4,494
law enforcement agency and requests the director to make the 4,495
transfer. 4,496
All investment earnings of the financial responsibility 4,498
compliance fund shall be credited to the fund. 4,499
(F) Chapter 119. of the Revised Code applies to this 4,501
section only to the extent that any provision in that chapter is 4,502
111
not clearly inconsistent with this section. 4,503
(G)(1) The registrar, court, traffic violations bureau, or 4,506
peace officer may require proof of financial responsibility to be 4,507
demonstrated by use of a standard form prescribed by the 4,508
registrar. If the use of a standard form is not required, a 4,509
person may demonstrate proof of financial responsibility under 4,510
this section by presenting to the traffic violations bureau, 4,511
court, registrar, or peace officer any of the following documents 4,512
or a copy of the documents: 4,513
(a) A financial responsibility identification card as 4,515
provided in section 4509.104 of the Revised Code; 4,516
(b) A certificate of proof of financial responsibility on 4,518
a form provided and approved by the registrar for the filing of 4,519
an accident report required to be filed under section 4509.06 of 4,520
the Revised Code; 4,521
(c) A policy of liability insurance, a declaration page of 4,523
a policy of liability insurance, or liability bond, if the policy 4,524
or bond complies with section 4509.20 or sections 4509.49 to 4,525
4509.61 of the Revised Code; 4,526
(d) A bond or certification of the issuance of a bond as 4,528
provided in section 4509.59 of the Revised Code; 4,529
(e) A certificate of deposit of money or securities as 4,531
provided in section 4509.62 of the Revised Code; 4,532
(f) A certificate of self-insurance as provided in section 4,534
4509.72 of the Revised Code. 4,535
(2) If a person fails to demonstrate proof of financial 4,537
responsibility in a manner described in division (G)(1) of this 4,539
section, the person may demonstrate proof of financial 4,540
responsibility under this section by any other method that the 4,541
court or the bureau, by reason of circumstances in a particular 4,542
case, may consider appropriate. 4,543
(3) A motor carrier certificated by the interstate 4,545
commerce commission or by the public utilities commission may 4,546
demonstrate proof of financial responsibility by providing a 4,547
112
statement designating the motor carrier's operating authority and 4,548
averring that the insurance coverage required by the 4,549
certificating authority is in full force and effect. 4,550
(4)(a) A finding by the registrar or court that a person 4,552
is covered by proof of financial responsibility in the form of an 4,553
insurance policy or surety bond is not binding upon the named 4,554
insurer or surety or any of its officers, employees, agents, or 4,555
representatives and has no legal effect except for the purpose of 4,556
administering this section. 4,557
(b) The preparation and delivery of a financial 4,559
responsibility identification card or any other document 4,560
authorized to be used as proof of financial responsibility under 4,561
this division does not do any of the following: 4,562
(i) Create any liability or estoppel against an insurer or 4,564
surety, or any of its officers, employees, agents, or 4,565
representatives; 4,566
(ii) Constitute an admission of the existence of, or of 4,568
any liability or coverage under, any policy or bond; 4,569
(iii) Waive any defenses or counterclaims available to an 4,571
insurer, surety, agent, employee, or representative in an action 4,572
commenced by an insured or third-party claimant upon a cause of 4,573
action alleged to have arisen under an insurance policy or surety 4,574
bond or by reason of the preparation and delivery of a document 4,575
for use as proof of financial responsibility. 4,576
(c) Whenever it is determined by a final judgment in a 4,578
judicial proceeding that an insurer or surety, which has been 4,579
named on a document accepted by a court or the registrar as proof 4,580
of financial responsibility covering the operation of a motor 4,581
vehicle at the time of an accident or offense, is not liable to 4,582
pay a judgment for injuries or damages resulting from such 4,583
operation, the registrar, notwithstanding any previous contrary 4,585
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was 4,586
rendered as provided in division (A)(2) of this section. 4,587
113
(H) In order for any document described in division 4,589
(G)(1)(b) of this section to be used for the demonstration of 4,591
proof of financial responsibility under this section, the 4,592
document shall state the name of the insured or obligor, the name 4,593
of the insurer or surety company, and the effective and 4,594
expiration dates of the financial responsibility, and designate 4,595
by explicit description or by appropriate reference all motor 4,596
vehicles covered which may include a reference to fleet insurance 4,597
coverage. 4,598
(I) For purposes of this section, "owner" does not include 4,600
a licensed motor vehicle leasing dealer as defined in section 4,601
4517.01 of the Revised Code, but does include a motor vehicle 4,602
renting dealer as defined in section 4549.65 of the Revised Code. 4,604
Nothing in this section or in section 4509.51 of the Revised Code 4,605
shall be construed to prohibit a motor vehicle renting dealer 4,606
from entering into a contractual agreement with a person whereby 4,607
the person renting the motor vehicle agrees to be solely 4,608
responsible for maintaining proof of financial responsibility, in 4,610
accordance with this section, with respect to the operation, 4,611
maintenance, or use of the motor vehicle during the period of the 4,613
motor vehicle's rental.
(J) The purpose of this section is to require the 4,615
maintenance of proof of financial responsibility with respect to 4,616
the operation of motor vehicles on the highways of this state, so 4,617
as to minimize those situations in which persons are not 4,618
compensated for injuries and damages sustained in motor vehicle 4,619
accidents. The general assembly finds that this section contains 4,620
reasonable civil penalties and procedures for achieving this 4,621
purpose. 4,622
(K) Nothing in this section shall be construed to be 4,624
subject to section 4509.78 of the Revised Code. 4,625
(L) The registrar shall adopt rules in accordance with 4,627
Chapter 119. of the Revised Code that are necessary to administer 4,628
and enforce this section. The rules shall include procedures for 4,629
114
the surrender of license plates upon failure to maintain proof of 4,631
financial responsibility and provisions relating to reinstatement 4,632
of registration rights, acceptable forms of proof of financial 4,633
responsibility, and verification of the existence of financial 4,634
responsibility during the period of registration.
Sec. 4561.021. There is hereby created in the division of 4,644
transportation assistance MULTI-MODAL PLANNING AND PROGRAMS of 4,645
the department of transportation the office of aviation. The 4,647
director of transportation shall appoint the administrator of the 4,649
office of aviation, who shall serve at the pleasure of the 4,650
director. The administrator of the office of aviation shall be 4,651
responsible to the director for the organization, direction, and 4,652
supervision of the work of the office and the exercise of the 4,653
powers and the performance of the duties assigned to the office. 4,654
Subject to Chapter 124. of the Revised Code and civil service 4,655
regulations, the administrator, with the approval of the
director, shall select and appoint the necessary employees. The 4,656
director also may employ experts for assistance in any specific 4,657
matter at a reasonable rate of compensation. 4,658
Sec. 4561.20. Upon transfer of the title to any aircraft 4,667
upon which the current license tax has been paid, the transferor 4,668
shall deliver to the transferee the certificate of registration 4,669
for such THE aircraft. The EXPIRES, AND THE transferee shall 4,671
within forty-eight hours thereafter, return such SUBMIT AN
APPLICATION FOR A NEW certificate of registration to the director 4,673
of transportation, together with an. THE application for 4,675
transfer THE NEW CERTIFICATE of registration on a form prepared 4,676
by the department of transportation showing the date of transfer 4,677
of title and the transferee's name and address. A transfer fee 4,678
of one dollar shall accompany such application BE MADE IN 4,679
ACCORDANCE WITH SECTION 4561.18 OF THE REVISED CODE, AND THE
TRANSFEREE SHALL PAY THE APPLICABLE LICENSE TAX SPECIFIED IN THAT 4,680
SECTION.
Sec. 4561.341. Pursuant to any consultation with the power 4,689
115
siting board regarding an application for certification under 4,690
section 4906.03 or 4906.10 of the Revised Code, the office of 4,691
aviation of the division of transportation assistance MULTI-MODAL 4,693
PLANNING AND PROGRAMS of the department of transportation shall 4,694
review the application to determine whether the facility 4,695
constitutes or will constitute an obstruction to air navigation 4,696
based upon the rules adopted under section 4561.32 of the Revised 4,697
Code. Upon review of the application, if the office determines 4,698
that the facility constitutes or will constitute an obstruction 4,699
to air navigation, it shall provide, in writing, this 4,700
determination and either the terms, conditions, and modifications 4,701
that are necessary for the applicant to eliminate the obstruction 4,702
or a statement that compliance with the obstruction standards may 4,703
be waived, to the power siting board under section 4906.03 or 4,704
4906.10 of the Revised Code, as appropriate. 4,705
Sec. 4563.01. As used in sections 4563.01 to 4563.21 of 4,714
the Revised Code: 4,716
(A) "Airport" means any area of land designed and set 4,718
aside for the landing and taking off of aircraft, and for that 4,719
purpose possessing one or more hard surfaced runways of a length 4,720
of not less than three thousand five hundred feet, and designed 4,722
for the storing, repair, and operation of aircraft, and utilized
or to be utilized in the interest of the public for such 4,723
purposes, and any area of land designed for such purposes for 4,725
which designs, plans, and specifications conforming to the above 4,727
requirements have been approved by the office of aviation of the 4,729
division of transportation assistance MULTI-MODAL PLANNING AND 4,730
PROGRAMS of the department of transportation and for which not 4,731
less than seventy per cent of the area shown by such designs and 4,733
plans to constitute the total area has been acquired. An airport
is "publicly owned" if the portion thereof used for the landing 4,734
and taking off of aircraft is owned, operated, leased to, or 4,735
leased by the United States, any agency or department thereof, 4,736
this state or any other state, or any political subdivision of 4,737
116
this state or any other state, or any other governmental body,
public agency, or public corporation, or any combination thereof. 4,738
(B) "Airport hazard" means any structure or object of 4,740
natural growth or use of land within an airport hazard area that 4,742
obstructs the air space required for the flight of aircraft in 4,744
landing or taking off at any airport or is otherwise hazardous to 4,745
such landing or taking off of aircraft.
(C) "Airport hazard area" means any area of land adjacent 4,747
to an airport that has been declared to be an "airport hazard 4,749
area" by the office of aviation in connection with any airport 4,751
approach plan recommended by the office. 4,752
(D) "Political subdivision" means any municipal 4,754
corporation, township, or county. 4,755
(E) "Person" means any individual, firm, copartnership, 4,757
corporation, company, association, joint stock association, or 4,758
body politic and includes any trustee, receiver, assignee, or 4,760
other similar representative thereof.
(F) "Structure" means any erected object, including, 4,762
without limitation, buildings, towers, smokestacks, and overhead 4,764
transmission lines.
Sec. 4906.10. (A) The power siting board shall render a 4,773
decision upon the record either granting or denying the 4,774
application as filed, or granting it upon such terms, conditions, 4,775
or modifications of the construction, operation, or maintenance 4,776
of the major utility facility as the board considers appropriate. 4,777
The certificate shall be conditioned upon the facility being in 4,778
compliance with standards and rules adopted under sections 4,779
1501.33, 1501.34, and 4561.32 and Chapters 3704., 3734., and 4,780
6111. of the Revised Code. The period of initial operation, 4,781
under a certificate, shall expire two years after the date on 4,782
which electric power is first generated by the facility. During 4,783
the period of initial operation, the facility shall be subject to 4,784
the enforcement and monitoring powers of the director of 4,785
environmental protection under Chapters 3704., 3734., and 6111. 4,786
117
of the Revised Code and to the emergency provisions thereunder 4,787
UNDER THOSE CHAPTERS. If a major utility facility constructed in 4,789
accordance with the terms and conditions of its certificate is 4,790
unable to operate in compliance with all applicable requirements 4,791
of state laws, rules, and standards pertaining to air pollution, 4,792
the facility may apply to the director of environmental 4,793
protection for a conditional operating permit under division (G) 4,794
of section 3704.03 of the Revised Code and the rules adopted 4,795
thereunder. The operation of a major utility facility in 4,796
compliance with such a conditional operating permit is not in 4,797
violation of its certificate. After the expiration of the period 4,798
of initial operation of a major utility facility, the facility 4,799
shall be under the jurisdiction of the environmental protection 4,800
agency and shall comply with all laws, rules, and standards 4,801
pertaining to air pollution, water pollution, and solid and 4,802
hazardous waste disposal.
The board shall not grant a certificate for the 4,804
construction, operation, and maintenance of a major utility 4,805
facility, either as proposed or as modified by the board, unless 4,806
it finds and determines all of the following: 4,807
(1) The basis of the need for the facility; 4,809
(2) The nature of the probable environmental impact; 4,811
(3) That the facility represents the minimum adverse 4,813
environmental impact, considering the state of available 4,814
technology and the nature and economics of the various 4,815
alternatives, and other pertinent considerations; 4,816
(4) In the case of an electric transmission line, that the 4,818
facility is consistent with regional plans for expansion of the 4,819
electric power grid of the electric systems serving this state 4,820
and interconnected utility systems and that the facility will 4,821
serve the interests of electric system economy and reliability; 4,822
(5) That the facility will comply with Chapters 3704., 4,824
3734., and 6111. of the Revised Code and all rules and standards 4,825
adopted under those chapters and under sections 1501.33, 1501.34, 4,826
118
and 4561.32 of the Revised Code. In determining whether the 4,827
facility will comply with all rules and standards adopted under 4,828
section 4561.32 of the Revised Code, the board shall consult with 4,829
the office of aviation of the division of transportation 4,831
assistance MULTI-MODAL PLANNING AND PROGRAMS of the department of 4,832
transportation under section 4561.341 of the Revised Code. 4,833
(6) That the facility will serve the public interest, 4,835
convenience, and necessity; 4,836
(7) In addition to the provisions contained in divisions 4,838
(A)(1) to (6) of this section, and rules adopted thereunder UNDER 4,840
THOSE DIVISIONS, what its impact will be on the viability as 4,841
agricultural land of any land in an existing agricultural 4,842
district established under Chapter 929. of the Revised Code that 4,843
is located within the site and alternative site of the proposed 4,844
major utility facility. Rules adopted to evaluate impact under 4,845
division (A)(7) of this section shall not require the 4,846
compilation, creation, submission, or production of any 4,847
information, document, or other data pertaining to land not 4,848
located within the site and alternative site. 4,849
(8) That the facility incorporates maximum feasible water 4,851
conservation practices as determined by the board, considering 4,852
available technology and the nature and economics of the various 4,853
alternatives. 4,854
(B) If the board determines that the location of all or a 4,856
part of the proposed facility should be modified, it may 4,857
condition its certificate upon that modification, provided that 4,858
the municipal corporations and counties, and persons residing 4,859
therein, affected by the modification shall have been given 4,860
reasonable notice thereof. 4,861
(C) A copy of the decision and any opinion issued 4,863
therewith shall be served upon each party. 4,864
Sec. 5501.03. (A) The department of transportation shall: 4,873
(1) Exercise and perform such other duties, powers, and 4,875
functions as are conferred by law on the director, the 4,876
119
department, the assistant directors, the deputy directors, or on 4,877
the divisions of the department; 4,878
(2) Coordinate and develop, in cooperation with local, 4,880
regional, state, and federal planning agencies and authorities, 4,881
comprehensive and balanced state policy and planning to meet 4,882
present and future needs for adequate transportation facilities 4,883
in this state, including recommendations for adequate funding of 4,884
the implementation of such planning; 4,885
(3) Coordinate its activities with those of other 4,887
appropriate state departments, public agencies, and authorities, 4,888
and enter into any contracts with such departments, agencies, and 4,889
authorities as may be necessary to carry out its duties, powers, 4,890
and functions; 4,891
(4) Cooperate with and assist the public utilities 4,893
commission in the commission's administration of sections 4907.47 4,894
to 4907.476 of the Revised Code, particularly with respect to the 4,895
federal highway administration. 4,896
(5) Give particular consideration to the development of 4,898
policy and planning for public transportation facilities, and to 4,899
the coordination of associated activities relating thereto, as 4,900
prescribed under divisions (A)(2) and (3) of this section; 4,901
(6) Conduct, in cooperation with the Ohio legislative 4,903
service commission, any studies or comparisons of state traffic 4,904
laws and local traffic ordinances with model laws and ordinances 4,905
that may be required to meet program standards adopted by the 4,906
United States department of transportation pursuant to the 4,907
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401; 4,908
(7) Prepare, print, distribute, and advertise books, maps, 4,910
pamphlets, and other information that, in the judgment of the 4,911
director, will inform the public and other governmental 4,912
departments, agencies, and authorities as to the duties, powers, 4,913
and functions of the department; 4,914
(8) IN ITS RESEARCH AND DEVELOPMENT PROGRAM, CONSIDER 4,916
TECHNOLOGIES FOR IMPROVING ROADWAYS, INCLUDING CONSTRUCTION 4,917
120
TECHNIQUES AND MATERIALS TO PROLONG PROJECT LIFE, BEING USED OR 4,918
DEVELOPED BY OTHER STATES THAT HAVE GEOGRAPHIC, GEOLOGIC, OR 4,920
CLIMATIC FEATURES SIMILAR TO THIS STATE'S, AND COLLABORATE WITH 4,921
THOSE STATES IN THAT DEVELOPMENT.
Nothing contained in division (A)(1) of this section shall 4,923
be held to in any manner affect, limit, restrict, or otherwise 4,924
interfere with the exercise of powers relating to transportation 4,925
facilities by appropriate agencies of the federal government, or 4,926
by counties, municipal corporations, or other political 4,927
subdivisions or special districts in this state authorized by law 4,928
to exercise such powers. 4,929
(B) The department may use all appropriate sources of 4,931
revenue to assist in the development and implementation of rail 4,932
service as defined by division (C) of section 4981.01 of the 4,933
Revised Code. 4,934
(C) The director of transportation may enter into 4,936
contracts with public agencies including political subdivisions, 4,937
other state agencies, boards, commissions, regional transit 4,938
authorities, county transit boards, and port authorities, to 4,939
administer the design, qualification of bidders, competitive bid 4,941
letting, construction inspection, and acceptance of any projects
administered by the department, provided the administration of 4,943
such projects is performed in accordance with all applicable
state and federal laws and regulations with oversight by the 4,944
department.
Sec. 5501.04. The following divisions are hereby 4,953
established in the department of transportation: 4,954
(A) The division of business services; 4,956
(B) The division of engineering policy; 4,958
(C) The division of finance; 4,960
(D) The division of human resources; 4,962
(E) The division of information technology; 4,964
(F) The division of multi-modal planning AND PROGRAMS; 4,966
(G) The division of project management; 4,968
121
(H) The division of transportation assistance. 4,971
The director of transportation shall distribute the duties, 4,972
powers, and functions of the department among the divisions of 4,973
the department. 4,974
Each division shall be headed by a deputy director, whose 4,977
title shall be designated by the director, and shall include such 4,978
THOSE other officers and employees as may be necessary to carry 4,980
out the work of the division. The director shall appoint the 4,981
deputy director of each division, who shall be in the 4,982
unclassified civil service of the state and shall serve at the 4,983
pleasure of the director. The director shall supervise the work 4,984
of each division and shall be responsible for the determination 4,985
of general policies in the performance of the duties, powers, and 4,986
functions of the department and of each division. The director 4,987
shall have complete executive charge of the department, and shall 4,988
be responsible for the organization, direction, and supervision 4,989
of the work of the department and the performance of the duties, 4,990
powers, and functions assigned to each division, and may 4,991
establish necessary administrative units therein. The deputy 4,992
director of each division, with the approval of the director and 4,994
subject to Chapter 124. of the Revised Code, shall appoint the 4,995
necessary employees of the division, and may remove such
employees for cause. 4,996
Sec. 5501.07. In addition to those duties, powers, and 5,005
functions the director of transportation assigns to it, the 5,006
office of public transportation of the division of transportation 5,007
assistance MULTI-MODAL PLANNING AND PROGRAMS: 5,008
(A) May issue grants from any public transportation grant 5,010
appropriation to county transit boards, regional transit 5,011
authorities, regional transit commissions, counties, municipal 5,012
corporations, and private nonprofit organizations that operate or 5,013
will operate a public transportation system. 5,014
The director shall establish criteria for the distribution 5,017
of such grants. These criteria may include and the director may 5,018
122
consider each of the following:
(1) The degree to which comprehensive regional 5,020
transportation planning goals may be attained through a program 5,021
for which a grant will be used; 5,022
(2) The amount of local financial or other support of 5,024
public transportation operations and facilities affected by the 5,025
program; 5,026
(3) The levels of existing service and fare; 5,028
(4) The degree to which the proposed plan demonstrates 5,030
approaches of potential value to other local transit boards, 5,031
authorities, commissions, counties, municipal corporations, and 5,032
private nonprofit organizations operating public transportation 5,033
systems; 5,034
(5) The degree to which the grant applicant will use state 5,036
and local funds to match a federal grant; 5,037
(6) Such other factors as the director determines. 5,039
Any criteria established by the director for the 5,041
distribution of such grants shall be consistent with the 5,042
requirements of the United States department of transportation, 5,043
or any administration in the department, including, but not 5,044
limited to, the federal transit administration. The director may 5,047
designate in the criteria certain dates after which applications 5,048
for specified portions of the appropriations made for this 5,049
purpose will not be accepted.
(B) May issue grants from any elderly and handicapped 5,051
transit fare assistance grant appropriation to county transit 5,052
boards, regional transit authorities, regional transit 5,053
commissions, counties, municipal corporations, and private 5,054
nonprofit organizations that operate or will operate public 5,055
transportation systems for the purpose of reducing the transit or 5,056
paratransit fares of elderly or handicapped persons. The 5,057
director shall establish criteria for the distribution of such 5,058
grants. 5,059
(C) May administer provisions of federal public 5,061
123
transportation acts or programs applicable within the state, 5,062
pursuant to an agreement entered into by the director with an 5,063
appropriate official of the federal agency responsible for 5,065
implementation of the federal acts or programs. The federal acts 5,066
or programs shall include, but are not limited to, programs 5,067
authorized under the "Act of July 5, 1994," 108 Stat. 785, 49
U.S.C.A. 5301, as amended. 5,068
(D) Shall furnish, upon request and within the limits of 5,070
appropriated funds, guidance in technical or policy matters to a 5,071
county transit board, regional transit authority, regional 5,072
transit commission, county, municipal corporation, or private 5,073
nonprofit organization that operates or proposes to operate a 5,074
public transportation system, and provide assistance and liaison 5,075
in the preparation and submission of applications for federal and 5,076
state funds; 5,077
(E) May apply for and accept grants or loans from any 5,079
federal agency for the purpose of providing for the development 5,080
or improvement of public transportation facilities or for the 5,081
coordination of any activities related to the development or 5,082
improvement of such facilities, and may provide any consideration 5,083
from any public transportation grant appropriation and enter into 5,084
any contracts that may be required in order to obtain such grants 5,086
or loans from a federal agency.
Sec. 5502.01. (A) The department of public safety shall 5,095
administer and enforce the laws relating to the registration, 5,096
licensing, sale, and operation of motor vehicles and the laws 5,098
pertaining to the licensing of drivers of motor vehicles. 5,099
The department shall compile, analyze, and publish 5,101
statistics relative to motor vehicle accidents and the causes 5,102
thereof OF THEM, prepare and conduct educational programs for the 5,103
purpose of promoting safety in the operation of motor vehicles on 5,105
the highways, assist the state board of education in the
formulation of minimum standards for driver education courses of 5,106
instruction, encourage driver instruction in the high schools of 5,108
124
the state, and conduct research and studies for the purpose of 5,109
promoting safety on the highways of this state.
(B) The department shall administer the laws and rules 5,111
applicable to the division of state emergency medical services. 5,112
(C) The department shall administer and enforce the laws 5,114
contained in Chapters 4301. and 4303. of the Revised Code and 5,116
enforce the rules and orders of the liquor control commission 5,119
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 5,121
state emergency management agency and shall enforce all 5,122
additional duties and responsibilities as prescribed in the 5,123
Revised Code related to emergency management services. 5,124
(E) The department shall conduct investigations pursuant 5,126
to Chapter 5101. of the Revised Code in support of the duty of 5,128
the department of human services to administer food stamp 5,129
programs throughout this state. The department of public safety 5,130
shall conduct investigations necessary to protect the state's 5,131
property rights and interests in the food stamp program.
(F) The department of public safety shall enforce 5,133
compliance with orders and rules of the public utilities 5,134
commission and applicable laws in accordance with Chapters 4919., 5,135
4921., and 4923. of the Revised Code regarding commercial motor 5,136
vehicle transportation safety, economic, and hazardous materials 5,137
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 5,139
department of public safety may establish requirements for its 5,140
enforcement personnel, INCLUDING ITS ENFORCEMENT AGENTS DESCRIBED 5,141
IN SECTION 5502.14 OF THE REVISED CODE, that include standards of 5,142
conduct, work rules and procedures, and criteria for eligibility 5,144
as law enforcement personnel.
(H) The department shall administer, maintain, and operate 5,146
the Ohio criminal justice network. The Ohio criminal justice 5,147
network shall be a computer network that supports state and local 5,148
criminal justice activities. The network shall be an electronic 5,149
125
repository for various data, which may include arrest warrants, 5,150
notices of persons wanted by law enforcement agencies, criminal 5,151
records, prison inmate records, stolen vehicle records, vehicle 5,152
operator's licenses, and vehicle registrations and titles. 5,154
Sec. 5502.13. The department of public safety shall 5,164
maintain an investigations INVESTIGATIVE unit in order to conduct 5,165
such investigations and other enforcement activity as are 5,167
authorized by Chapters 4301., 4303., 5101., 5107., and 5108. and 5,168
section SECTIONS 2903.12, 2903.13, 2903.14, 2907.09, 2913.46, 5,169
2917.11, 2921.13, 2921.31, 2921.32, 2921.33, 2923.12, 2923.121, 5,170
2925.11, 2925.13, 2927.02, 4507.30, AND 5115.03 of the Revised 5,171
Code. The director of public safety shall appoint such THE 5,172
employees of the unit as WHO are necessary, designate the 5,173
activities to be performed by those employees, and prescribe 5,174
their titles and duties.
Sec. 5502.14. (A)(1) As used in this section, "felony" 5,183
has the same meaning as in section 109.511 of the Revised Code. 5,184
(2)(B)(1) Any person WHO IS employed by the department of 5,187
public safety and designated by the director of public safety for 5,188
the enforcement of TO ENFORCE TITLE XLIII OF THE REVISED CODE, 5,189
THE RULES ADOPTED UNDER IT, AND THE laws and administrative rules 5,190
regulating the use of food stamps shall be known as a food stamp 5,192
trafficking AN ENFORCEMENT agent. The employment by the 5,193
department of public safety and the designation by the director 5,194
of public safety of a person as a food stamp trafficking AN 5,195
ENFORCEMENT agent shall be subject to division (D) of this 5,196
section. A food stamp trafficking AN ENFORCEMENT agent has the 5,198
authority vested in peace officers pursuant to section 2935.03 of 5,199
the Revised Code, on public or private property, to keep the
peace and, to enforce all APPLICABLE laws and rules ON ANY RETAIL 5,201
LIQUOR PERMIT PREMISES, OR ON ANY OTHER PREMISES OF PUBLIC OR
PRIVATE PROPERTY, WHERE A VIOLATION OF TITLE XLIII OF THE REVISED 5,202
CODE OR ANY RULE ADOPTED UNDER IT IS OCCURRING, AND TO ENFORCE 5,203
ALL LAWS AND RULES governing the use of food stamp coupons;, 5,204
126
women, infants, and children's coupons;, electronically 5,206
transferred benefits;, or any other access device that is used 5,208
alone or in conjunction with another access device to obtain 5,209
payments, allotments, benefits, money, goods, or other things of
value, or that can be used to initiate a transfer of funds, 5,210
pursuant to the food stamp program established under the "Food 5,211
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended, or 5,213
any supplemental food program administered by any department of 5,214
this state pursuant to the "Child Nutrition Act of 1966," 80 5,215
Stat. 885, 42 U.S.C.A. 1786. Food stamp trafficking ENFORCEMENT 5,216
agents, in enforcing compliance with the laws and rules described 5,217
in this division, may keep the peace and make arrests for 5,218
violations of those laws and rules. 5,219
(B) A food stamp trafficking (2) IN ADDITION TO THE 5,221
AUTHORITY CONFERRED BY DIVISION (B)(1) OF THIS SECTION, AN 5,222
ENFORCEMENT agent may also MAY execute search warrants and seize 5,224
and take into custody any contraband, as defined in section 5,225
2901.01 of the Revised Code, or any property that is otherwise 5,227
necessary for evidentiary purposes related to any violations of 5,229
THE laws or rules described in division (A)(2)(B)(1) of this 5,230
section. A food stamp trafficking AN ENFORCEMENT agent may enter 5,232
public or private premises where activity alleged to violate the 5,233
laws or rules described in division (A)(2)(B)(1) of this section 5,234
are IS occurring. Agents 5,235
(3) ENFORCEMENT AGENTS who are in ON, IMMEDIATELY ADJACENT 5,238
TO, OR ACROSS FROM RETAIL LIQUOR PERMIT PREMISES AND WHO ARE 5,239
PERFORMING INVESTIGATIVE DUTIES RELATING TO THAT PREMISES,
ENFORCEMENT AGENTS WHO ARE ON PREMISES THAT ARE NOT LIQUOR PERMIT 5,240
PREMISES BUT ON WHICH A VIOLATION OF TITLE XLIII OF THE REVISED 5,241
CODE OR ANY RULE ADOPTED UNDER IT ALLEGEDLY IS OCCURRING, AND 5,242
ENFORCEMENT AGENTS WHO view of a suspected violation OF TITLE 5,244
XLIII OF THE REVISED CODE, OF A RULE ADOPTED UNDER IT, OR OF 5,245
ANOTHER LAW OR RULE DESCRIBED IN DIVISION (B)(1) OF THIS SECTION 5,246
have the authority to enforce Title XXIX and sections 2913.46 and 5,248
127
5101.54 of the Revised Code THE LAWS AND RULES DESCRIBED IN 5,249
DIVISION (B)(1) OF THIS SECTION, AUTHORITY TO ENFORCE ANY SECTION 5,250
IN TITLE XXIX OF THE REVISED CODE OR ANY OTHER SECTION OF THE
REVISED CODE LISTED IN SECTION 5502.13 OF THE REVISED CODE IF 5,251
THEY WITNESS A VIOLATION OF THE SECTION UNDER ANY OF THE 5,253
CIRCUMSTANCES DESCRIBED IN THIS DIVISION, and AUTHORITY to make 5,254
arrests for violations of those THE laws and rules DESCRIBED IN 5,255
DIVISION (B)(1) OF THIS SECTION AND VIOLATIONS OF ANY OF THOSE 5,256
SECTIONS. The 5,257
(4) THE jurisdiction of a food stamp trafficking AN 5,259
ENFORCEMENT agent UNDER DIVISION (B) OF THIS SECTION shall be 5,261
concurrent with that of the peace officers of the county, 5,262
township, or municipal corporation in which the violation occurs. 5,263
(C) Food stamp trafficking ENFORCEMENT agents of the 5,265
department of public safety WHO ARE engaged in the enforcement of 5,267
THE laws and rules described in division (A)(2)(B)(1) of this 5,268
section may carry concealed weapons when conducting undercover 5,270
investigations pursuant to their authority as law enforcement
officers and while acting within the scope of their authority 5,271
pursuant to this chapter. 5,272
(D)(1) The department of public safety shall not employ, 5,274
and the director of public safety shall not designate, a person 5,275
as a food stamp trafficking AN ENFORCEMENT agent on a permanent 5,276
basis, on a temporary basis, for a probationary term, or on other 5,278
than a permanent basis if the person previously has been 5,279
convicted of or has pleaded guilty to a felony.
(2)(a) The department of public safety shall terminate the 5,281
employment of a person WHO IS designated as a food stamp 5,282
trafficking AN ENFORCEMENT agent AND who does either of the 5,284
following:
(i) Pleads guilty to a felony; 5,286
(ii) Pleads guilty to a misdemeanor pursuant to a 5,288
negotiated plea agreement as provided in division (D) of section 5,290
2929.29 of the Revised Code in which the food stamp trafficking 5,291
128
ENFORCEMENT agent agrees to surrender the certificate awarded to 5,292
that agent under section 109.77 of the Revised Code. 5,293
(b) The department shall suspend the employment of a 5,295
person WHO IS designated as a food stamp trafficking AN 5,296
ENFORCEMENT agent if the person is convicted, after trial, of a 5,298
felony. If the food stamp trafficking ENFORCEMENT agent files an 5,300
appeal from that conviction and the conviction is upheld by the 5,301
highest court to which the appeal is taken or if no timely appeal 5,302
is filed, the department shall terminate the employment of that
agent. If the food stamp trafficking ENFORCEMENT agent files an 5,303
appeal that results in that agent's acquittal of the felony or 5,305
conviction of a misdemeanor, or in the dismissal of the felony 5,307
charge against the agent, the department shall reinstate the food 5,308
stamp trafficking agent. A food stamp trafficking AN ENFORCEMENT 5,309
agent who is reinstated under division (D)(2)(b) of this section 5,310
shall not receive any back pay unless the conviction of that 5,311
agent of the felony was reversed on appeal, or the felony charge 5,313
was dismissed, because the court found insufficient evidence to
convict the food stamp trafficking agent of the felony. 5,314
(3) Division (D) of this section does not apply regarding 5,316
an offense that was committed prior to January 1, 1997. 5,317
(4) The suspension or termination of the employment of a 5,319
person designated as a food stamp trafficking AN ENFORCEMENT 5,320
agent under division (D)(2) of this section shall be in 5,321
accordance with Chapter 119. of the Revised Code. 5,322
Sec. 5502.141. IN ADDITION TO THE ENFORCEMENT AND ARREST 5,324
AUTHORITY THAT DIVISION (B) OF SECTION 5502.14 OF THE REVISED 5,326
CODE CONFERS UPON AN ENFORCEMENT AGENT OF THE DEPARTMENT OF 5,328
PUBLIC SAFETY AND WHETHER OR NOT ANY OF THE CIRCUMSTANCES 5,329
DESCRIBED IN THAT DIVISION THAT AUTHORIZE AN ENFORCEMENT AGENT TO 5,331
ENFORCE OR MAKE AN ARREST FOR VIOLATIONS OF SPECIFIED LAWS OR 5,332
RULES APPLIES, AN ENFORCEMENT AGENT WHO IS LAWFULLY ON ANY 5,334
PREMISES AND WHO WITNESSES A VIOLATION OF SECTION 2927.02 OF THE 5,336
REVISED CODE ON THOSE PREMISES HAS THE SAME AUTHORITY AS A PEACE 5,337
129
OFFICER HAVING JURISDICTION WITH RESPECT TO THE POLITICAL 5,338
SUBDIVISION IN WHICH THOSE PREMISES ARE LOCATED, TO ARREST AND 5,340
DETAIN, WITHOUT A WARRANT, THE PERSON WHO COMMITTED THAT 5,342
VIOLATION.
AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME 5,344
MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 5,345
Sec. 5502.16. The director of public safety, on behalf of 5,354
food stamp trafficking ENFORCEMENT agents, may enter into 5,356
cooperative or contractual arrangements with the United States 5,357
or, any agency or department thereof OF THE UNITED STATES, other 5,358
states, other departments and political subdivisions of this 5,359
state, or any other person or body politic to accomplish the 5,360
purposes of the investigations INVESTIGATIVE unit of the 5,361
department of public safety. The director shall cooperate with 5,363
and not infringe upon the rights of other state departments,
divisions, boards, commissions, and agencies, and private 5,364
agencies, in the conduct of enforcement plans and other matters 5,365
in which the department of public safety and such THOSE 5,366
departments and agencies have common interests. 5,367
Sec. 5502.17. Food stamp trafficking ENFORCEMENT agents of 5,376
the department of public safety shall comply with the 5,378
certification requirements established in section 109.77 of the 5,379
Revised Code, take an oath of office, and receive from the
governor, upon recommendation of the director of public safety, a 5,381
commission indicating authority to make arrests as provided in 5,382
section 5502.14 OR 5502.141 of the Revised Code. 5,383
Sec. 5502.18. Food stamp trafficking ENFORCEMENT agents of 5,392
the department of public safety may render assistance to a state 5,394
or local law enforcement officer at the request of that officer 5,395
or may render assistance to a state or local law enforcement 5,396
officer in the event of an emergency. A food stamp trafficking 5,397
AN ENFORCEMENT agent who serves outside the department under this 5,398
section shall be considered as performing services within the 5,399
agent's regular employment for purposes of compensation, 5,400
130
indemnity fund rights, workers' compensation, and any other 5,401
rights and benefits to which the agent may be entitled as 5,402
incidents of the agent's regular employment. Such an ENFORCEMENT 5,403
agent retains personal immunity from civil liability under 5,404
section 9.86 of the Revised Code and shall not be considered an 5,406
employee of a political subdivision for purposes of Chapter 2744. 5,407
of the Revised Code.
A political subdivision that receives the assistance of a 5,409
food stamp trafficking AN ENFORCEMENT agent under this division 5,410
SECTION is not subject to civil liability under Chapter 2744. of 5,412
the Revised Code as a result of any action or omission of the
agent. 5,413
Sec. 5502.62 5502.19. The department of public safety 5,422
shall conduct inspections of retail liquor permit premises to 5,424
determine THEIR compliance with the provisions of Chapters 4301. 5,426
and 4303. of the Revised Code, and the rules adopted under those 5,428
provisions THEM by the liquor control commission pertaining to 5,429
retail liquor permit holders.
Except as otherwise provided in this section, such THOSE 5,431
inspections may be conducted only during those hours in which the 5,433
permit holder is open for business and only by authorized liquor 5,434
control investigators ENFORCEMENT AGENTS of the department of 5,436
public safety or by any peace officer, as this term is defined in 5,437
section 2935.01 of the Revised Code. Inspections may be 5,438
conducted at other hours only to determine compliance with laws 5,440
or commission rules that regulate the hours of sale of beer and 5,441
intoxicating liquor and only if the liquor control investigator 5,442
ENFORCEMENT AGENT or peace officer INVOLVED has reasonable cause 5,444
to believe that such THOSE laws or rules are being violated. Any 5,445
inspection conducted pursuant to this section is subject to all 5,446
of the following requirements: 5,447
(A) The only property that may be confiscated is 5,449
contraband, as this term is defined in section 2901.01 of the 5,450
Revised Code, or property that is otherwise necessary for 5,452
131
evidentiary purposes.
(B) A complete inventory of all property confiscated from 5,454
the premises shall be given to the permit holder or the permit 5,455
holder's agent or employee by the confiscating ENFORCEMENT agent 5,457
or PEACE officer at the conclusion of the inspection. At that 5,458
time, the inventory shall be signed by the confiscating liquor 5,459
control investigator ENFORCEMENT AGENT or PEACE officer, and the 5,461
liquor control investigator ENFORCEMENT AGENT or PEACE officer 5,462
shall give the permit holder or the permit holder's agent or 5,463
employee the opportunity to sign the inventory. 5,464
(C) Inspections conducted pursuant to this section shall 5,466
be conducted in a reasonable manner. A finding by any court of 5,467
competent jurisdiction that the inspection was not conducted in a 5,468
reasonable manner in accordance with this section or any rules 5,469
promulgated by the LIQUOR CONTROL commission may be considered 5,470
grounds for suppression of evidence. A finding by the liquor 5,471
control commission that the inspection was not conducted in a 5,472
reasonable manner in accordance with this section or any rules 5,474
promulgated by the commission may be considered grounds for 5,475
dismissal of the commission case.
If any court of competent jurisdiction finds that property 5,477
confiscated as the result of an inspection is not necessary for 5,478
evidentiary purposes and is not contraband, as this term is 5,479
defined in section 2901.01 of the Revised Code, the court shall 5,481
order the immediate return of the confiscated property, if such 5,483
property is not contraband or otherwise subject to forfeiture, to 5,484
the permit holder. However, the return of this property is not
grounds for dismissal of the case. The commission likewise may 5,485
order the return of confiscated property if no criminal 5,486
prosecution is pending or anticipated.
Sec. 5512.10. THIS SECTION APPLIES IF A POLITICAL 5,488
SUBDIVISION OUTSIDE THE JURISDICTION OF A METROPOLITAN PLANNING 5,489
ORGANIZATION SUBMITS A REQUEST TO THE DEPARTMENT OF 5,490
TRANSPORTATION FOR AN INTERCHANGE TO BE CONSTRUCTED ON AN
132
INTERSTATE HIGHWAY OR A MULTI-LANE, FULLY CONTROLLED-ACCESS 5,492
HIGHWAY UNDER THE JURISDICTION OF THE DEPARTMENT. WHEN REVIEWING 5,494
SUCH A REQUEST, THE DEPARTMENT OR THE TRANSPORTATION REVIEW 5,495
ADVISORY COUNCIL SHALL CONSIDER WHETHER THE PROPOSAL PROMOTES 5,496
FARMLAND PRESERVATION AND EFFORTS TO CONTROL URBAN SPRAWL.
Sec. 5517.011. (A)(1) Notwithstanding section 5517.01 of 5,505
the Revised Code, the director of transportation may establish a 5,508
pilot program to expedite the sale and construction of no more 5,509
than six special projects by combining the design 9nd 5,510
construction elements of a highway or bridge project into a
single contract. Except in regard to those requirements relating 5,511
to providing plans, the director shall award contracts under this 5,512
section in accordance with section 5525.01 of the Revised Code. 5,513
Within one year of the completion of the sixth special 5,515
project under this section 5,516
(2) ON OR BEFORE DECEMBER 31, 2000, the director shall 5,520
prepare and submit to the general assembly a report evaluating 5,522
the experience of the department of transportation with each
project UNDER THIS DIVISION AND CONTRACT UNDER DIVISION (B) OF 5,523
THIS SECTION, including whether the department realized any cost 5,524
or time savings. REGARDING THOSE PROJECTS AND CONTRACTS, THE 5,525
REPORT SHALL INCLUDE A DISCUSSION OF THE NUMBER AND COST OF 5,526
CHANGE ORDERS, THE QUALITY OF WORK PERFORMED, THE NUMBER OF BIDS 5,527
RECEIVED, THE IMPACT ON MINORITY AND FEMALE CONTRACT 5,528
PARTICIPATION, AND OTHER ISSUES THE DIRECTOR CONSIDERS 5,529
APPROPRIATE. The director also may make recommendations
regarding the continuation of the program, including the need for 5,531
any changes. After
(3) AFTER completion of the sixth project and preparation 5,534
of the report, no projects shall be commenced under this section 5,536
DIVISION unless the general assembly either approves additional 5,537
projects to further study the effectiveness of the procedures or 5,538
makes the program permanent. 5,539
(B) IN ADDITION TO THE SIX PROJECTS UNDER DIVISION (A) OF 5,542
133
THIS SECTION, DURING THE PERIOD BEGINNING JULY 1, 1999, AND 5,544
ENDING JUNE 30, 2001, THE DIRECTOR MAY EXPAND THE PILOT PROGRAM 5,546
TO MORE CONTRACTS COMBINING THE DESIGN AND CONSTRUCTION ELEMENTS 5,547
OF HIGHWAY OR BRIDGE PROJECTS. THE TOTAL DOLLAR VALUE OF 5,548
CONTRACTS MADE UNDER THIS DIVISION SHALL NOT EXCEED TWO HUNDRED 5,549
FIFTY MILLION DOLLARS. THE DIRECTOR MAY SEEK EITHER BIDS OR 5,550
TECHNICAL PROPOSALS FOR CONTRACTS UNDER THIS DIVISION. 5,551
(1) WHEN THE DIRECTOR DETERMINES TO AWARD A SINGLE 5,554
CONTRACT FOR A DESIGN-BUILD PROJECT UNDER THIS DIVISION THROUGH
THE RECEIPT OF BIDS, EXCEPT FOR THOSE REQUIREMENTS RELATING TO 5,556
PROVIDING PLANS, THE DIRECTOR SHALL AWARD CONTRACTS IN ACCORDANCE 5,557
WITH CHAPTER 5525. OF THE REVISED CODE. WHEN THE DIRECTOR 5,560
DETERMINES TO AWARD A SINGLE CONTRACT FOR A DESIGN-BUILD PROJECT 5,561
UNDER THIS DIVISION THROUGH THE RECEIPT OF TECHNICAL PROPOSALS, 5,562
THE DIRECTOR SHALL ADVERTISE AND SELECT THE DESIGN-BUILD TEAM 5,564
USING A VALUE-BASED SELECTION PROCESS COMBINING TECHNICAL 5,565
QUALIFICATIONS AND COMPETITIVE BIDDING ELEMENTS. 5,566
(2) IF THE DIRECTOR ELECTS TO UTILIZE THE COMPETITIVE BID 5,569
OPTION FOR DESIGN-BUILD PROJECTS, THE DIRECTOR SHALL PREPARE AND 5,570
DISTRIBUTE A SCOPE OF WORK DOCUMENT UPON WHICH THE BIDDERS SHALL 5,571
BASE THEIR BIDS.
(3)(a) IF THE DIRECTOR ELECTS TO UTILIZE A VALUE-BASED 5,574
SELECTION PROCESS FOR DESIGN-BUILD PROJECTS THROUGH THE RECEIPT 5,575
OF TECHNICAL PROPOSALS, THE DIRECTOR SHALL RESTRICT USAGE OF THIS 5,576
METHOD TO NO MORE THAN SIX PROJECTS, WHOSE PER-PROJECT ESTIMATE 5,577
MUST EXCEED TEN MILLION DOLLARS. THE DIRECTOR SHALL PREPARE 5,578
CONCEPTUAL DOCUMENTS FOR REVIEW BY INTERESTED PARTIES, ACCEPT 5,579
LETTERS OF INTEREST, AND SELECT THE THREE MOST QUALIFIED 5,580
DESIGN-BUILD TEAMS TO SUBMIT A TECHNICAL PROPOSAL. 5,581
THE CRITERIA FOR SELECTING THE THREE FINALISTS SHALL 5,583
INCLUDE THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN-BUILD 5,584
TEAM, INCLUDING THE PROPOSED PERSONNEL TO BE UTILIZED, EQUIPMENT 5,586
USAGE, AND GENERAL PROPOSED PROJECT APPROACH. THE SCHEDULE OF 5,587
ACTIVITIES AND FINANCIAL RESOURCES OF THE DESIGN-BUILD TEAM ALSO 5,588
134
SHALL BE FACTORS IN THE SELECTION PROCESS. IN ADDITION, THE 5,589
DIRECTOR SHALL TAKE INTO CONSIDERATION THE DESIGN-BUILD TEAM'S 5,590
AFFIRMATIVE ACTION POLICIES AND RECORD WITH REGARD TO EMPLOYEES 5,591
AND SUBCONTRACTS.
(b) AFTER THE DIRECTOR SELECTS THE THREE FINALISTS, THE 5,594
FINALISTS SHALL PREPARE BOTH A TECHNICAL PROPOSAL AND A PRICE 5,595
PROPOSAL. THE TECHNICAL PROPOSAL SHALL STATE THE FINALIST'S 5,596
QUALIFICATIONS AND EXPERIENCE, INCLUDING PRIOR PERFORMANCE BY THE 5,597
DESIGN-BUILD TEAM ON SIMILAR PROJECTS, THE IDENTITY OF THE 5,598
MEMBERS OF EACH TEAM, AND A DETAILED PROJECT APPROACH AND 5,599
SCHEDULE, INCLUDING INNOVATIVE DESIGN AND CONSTRUCTION 5,600
TECHNIQUES. THE FINALISTS SHALL SUBMIT THE PRICE PROPOSAL
SEPARATELY AS REQUESTED BY THE DIRECTOR. 5,601
THE DIRECTOR FIRST SHALL REVIEW THE SUBMITTED TECHNICAL 5,603
PROPOSALS AND ASCRIBE A NUMERICAL SCORE TO EACH PROPOSAL. THE 5,604
TECHNICAL NUMERICAL SCORES SHALL BE EQUATED TO A PERCENTAGE 5,605
ADJUSTMENT TO BE APPLIED TO THE FINALISTS' PRICE PROPOSALS, USING 5,607
A PREDETERMINED SCHEDULE OF ADJUSTMENT MADE KNOWN TO THE
FINALISTS AT THE TIME OF ADVERTISING. IN NO CASE SHALL THE 5,608
TECHNICAL PROPOSAL RATING EXCEED TWENTY-FIVE PER CENT OF THE 5,609
VALUE-BASED TECHNICAL AND PRICE SELECTION CRITERIA. THE DIRECTOR 5,611
SHALL RESERVE THE RIGHT TO CONSIDER A TECHNICAL PROPOSAL AS BEING 5,612
NONRESPONSIVE, THEREBY ELIMINATING THAT FINALIST FROM FURTHER 5,613
CONSIDERATION.
UPON COMPLETION OF THE RATING OF TECHNICAL PROPOSALS, THE 5,616
DIRECTOR SHALL APPLY TO THE PRICE PROPOSALS THE PERCENTAGE 5,617
ADJUSTMENTS PREDETERMINED FROM THE NUMERICAL SCORES ASSIGNED TO 5,618
THE TECHNICAL PROPOSALS. UNLESS ALL PROPOSALS ARE REJECTED, THE 5,619
DIRECTOR SHALL SELECT THE FINALIST WITH THE LOWEST ADJUSTED
PRICE. THE ADJUSTED PRICE SHALL BE USED FOR SELECTION ONLY. THE 5,621
CONTRACT SHALL BE BASED ON THE PRICE PROPOSAL AS SUBMITTED. 5,622
THE DEPARTMENT SHALL COMPENSATE EACH RESPONSIVE FINALIST 5,624
NOT SELECTED IN AN AMOUNT GENERALLY EQUAL TO ONE-FOURTH OF ONE 5,626
PER CENT OF THE UNADJUSTED PRICE PROPOSAL AMOUNT SUBMITTED BY THE 5,627
135
SELECTED FINALIST OR BY AN AMOUNT THE DIRECTOR ESTABLISHES AT THE 5,628
TIME OF ADVERTISING.
Sec. 5525.01. Before entering into a contract, the 5,637
director of transportation shall advertise for bids for two 5,638
consecutive weeks in one newspaper of general circulation 5,639
published in the county in which the improvement or part thereof 5,641
is located, but if there is no such newspaper then in one 5,643
newspaper having general circulation in an adjacent county. The 5,645
director may advertise for bids in such other publications as the 5,646
director considers advisable HIGHWAY CONSTRUCTION PROJECTS BY 5,647
PREPARING AND SUBMITTING TO ALL POTENTIAL BIDDERS PREQUALIFIED
UNDER THIS CHAPTER, A SCHEDULE OF PROJECTS TO BE LET FOUR WEEKS 5,648
BEFORE EACH BID-LETTING. THE DIRECTOR MAY FURNISH THE 5,649
INFORMATION EITHER IN WRITING OR ELECTRONICALLY. FOR NONHIGHWAY 5,650
CONSTRUCTION PROJECTS, THE DIRECTOR SHALL ADVERTISE FOR BIDS IN 5,651
APPROPRIATE PUBLICATIONS TWO CONSECUTIVE WEEKS PRIOR TO THE 5,652
BID-LETTING. Such notices PROJECT INFORMATION FURNISHED BY THE 5,653
DIRECTOR shall state that plans and specifications for the 5,654
improvement PROJECT are on file in the office of the director and 5,655
the district deputy director of the district in which the 5,656
improvement PROJECT or part thereof OF THE PROJECT is located and 5,658
the time within which bids therefor FOR THE PROJECT OR PART OF 5,659
THE PROJECT will be received.
Each bidder shall be required to file with the bidder's bid 5,661
a bid guaranty in the form of a certified check or cashier's 5,662
check for an amount equal to five per cent of the bidder's bid, 5,663
but in no event more than fifty thousand dollars, or a bid bond 5,665
for ten per cent of the bidder's bid, payable to the director, 5,666
which check or bond shall be forthwith returned to the bidder in 5,668
case the contract is awarded to another bidder, or, in case of a 5,669
successful bidder, when the bidder has entered into a contract 5,670
and furnished the bonds required by section 5525.16 of the 5,671
Revised Code. In the event IF the contract is awarded to a 5,673
bidder, and the bidder fails or refuses to furnish the bonds as 5,675
136
required by section 5525.16 of the Revised Code, the check or bid 5,676
bond filed with the bidder's bid shall be forfeited as liquidated 5,678
damages. No bidder shall be required either to file a signed 5,679
contract with the bidder's bid, to enter into a contract, or to 5,681
furnish the contract performance bond and the payment bond 5,682
required by that section until the bids have been opened and the 5,684
bidder has been notified by the director that the bidder is 5,685
awarded the contract. 5,686
The director shall permit a bidder to withdraw the bidder's 5,688
bid from consideration, without forfeiture of the certified check 5,689
or bid bond filed with the bid, providing a written request 5,690
together with a sworn statement of the grounds for such 5,691
withdrawal is delivered within forty-eight hours after the time 5,692
established for the receipt of bids, and if the price bid was 5,693
substantially lower than the other bids, providing the bid was 5,694
submitted in good faith, and the reason for the price bid being 5,695
substantially lower was a clerical mistake evident on the face of 5,696
the bid, as opposed to a judgment mistake, and was actually due 5,697
to an unintentional and substantial arithmetic error or an 5,698
unintentional omission of a substantial quantity of work, labor, 5,699
or material made directly in the compilation of the bid. In the 5,700
event IF the director decides the conditions for withdrawal have 5,702
not been met, the director may award the contract to such bidder. 5,703
If such bidder does not then enter into a contract and furnish 5,704
the contract bond as required by law, the director may declare 5,705
forfeited the certified check or bid bond as liquidated damages 5,706
and award the contract to the next higher bidder or reject the 5,707
remaining bids and readvertise the project for bids. Such bidder 5,708
may, within thirty days, appeal the decision of the director to 5,709
the court of common pleas of Franklin county and the court may 5,710
affirm or reverse the decision of the director and may order the 5,711
director to refund the amount of the forfeiture. At the hearing 5,712
before the common pleas court evidence may be introduced for and 5,713
against the decision of the director. The decision of the common 5,714
137
pleas court may be appealed as in other cases. 5,715
The director shall require all bidders to furnish the 5,717
director under oath, upon such printed forms as the director may 5,719
prescribe, detailed information with respect to all pending work 5,720
of the bidder, whether with the department of transportation or 5,721
otherwise, together with such other information as the director 5,722
considers necessary. 5,723
In the event IF a bidder fails to submit anything required 5,725
to be submitted with the bid and then fails or refuses to so 5,726
submit such at the request of the director, the failure or 5,727
refusal constitutes grounds for the director, in the director's 5,728
discretion, to declare as forfeited the bid guaranty submitted 5,729
with the bid. 5,730
The director may reject any or all bids. Except in regard 5,732
to contracts for environmental remediation and specialty work for 5,734
which there are no classes of work set out in the rules adopted 5,735
by the director, if the director awards the contract, the 5,736
director shall award it to the lowest competent and responsible 5,738
bidder as defined by rules adopted by the director under section 5,739
5525.05 of the Revised Code, who is qualified to bid under 5,740
sections 5525.02 to 5525.09 of the Revised Code. In regard to
contracts for environmental remediation and specialty work for 5,742
which there are no classes of work set out in the rules adopted 5,743
by the director, the director shall competitively bid the 5,744
projects in accordance with this chapter and shall award the 5,745
contracts to the lowest and best bidder. 5,746
The award for all projects competitively let by the 5,748
director under this section shall be made within ten days after 5,749
the date on which the bids are opened, and the successful bidder 5,750
shall enter into a contract and furnish a contract performance 5,751
bond and a payment bond, as provided for in section 5525.16 of 5,752
the Revised Code, within ten days after the bidder is notified 5,753
that the bidder has been awarded the contract. 5,754
The director may insert in any contract awarded under this 5,756
138
chapter a clause providing for value engineering change 5,757
proposals, under which a contractor who has been awarded a 5,758
contract may propose a change in the plans and specifications of 5,759
the project that saves the department time or money on the 5,760
project without impairing any of the essential functions and 5,761
characteristics of the project such as service life, reliability, 5,763
economy of operation, ease of maintenance, safety, and necessary 5,764
standardized features. If the director adopts the value 5,765
engineering proposal, the savings from the proposal shall be 5,766
divided between the department and the contractor according to 5,767
guidelines established by the director, provided that the
contractor shall receive at least fifty per cent of the savings 5,768
from the proposal. The adoption of a value engineering proposal 5,770
does not invalidate the award of the contract or require the 5,771
director to rebid the project.
Sec. 5525.25. (A) IN MAKING CONTRACTS, THE DIRECTOR OF 5,773
TRANSPORTATION SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS FOR 5,774
EACH FISCAL YEAR: 5,775
(1) AT LEAST ONE-FIFTH OF THE DEPARTMENT OF 5,777
TRANSPORTATION'S CAPITAL CONSTRUCTION PROJECTS SHALL BE BID 5,778
REQUIRING A WARRANTY AS SPECIFIED IN THE BIDDING DOCUMENTS AND IN 5,779
DIVISION (B) OF THIS SECTION. 5,780
(2) AT LEAST ONE-TENTH OF THE DEPARTMENT'S CAPITAL 5,782
CONSTRUCTION PROGRAM SHALL BE BID REQUIRING A PAVEMENT WARRANTY 5,783
AS SPECIFIED IN THE BIDDING DOCUMENTS AND IN DIVISION (B) OF THIS 5,784
SECTION.
(B) A WARRANTY PERIOD UNDER THIS SECTION SHALL BE: 5,786
(1) NOT LESS THAN SEVEN YEARS, FOR PAVEMENT IN THE CASE OF 5,788
NEW CONSTRUCTION; 5,789
(2) NOT LESS THAN FIVE YEARS, IN THE CASE OF PAVEMENT 5,791
RESURFACING AND REHABILITATION; 5,792
(3) NOT LESS THAN TWO YEARS, IN THE CASE OF PAVEMENT 5,794
PREVENTATIVE MAINTENANCE, BRIDGE PAINTING, PAVEMENT MARKINGS, 5,795
RAISED PAVEMENT MARKERS, GUARDRAIL, AND OTHER PROJECT ITEMS AS 5,796
139
DETERMINED BY THE DIRECTOR. 5,797
(C) THIS SECTION DOES NOT APPLY TO CONTRACTS THE DIRECTOR 5,799
MAKES ON BEHALF OF A POLITICAL SUBDIVISION. 5,800
Sec. 5735.051. The general assembly finds as a fact that, 5,809
of the revenues which occur from excises imposed by sections 5,810
5735.05, 5735.25, 5735.29, and 5735.30 of the Revised Code, 5,811
one-half THREE-FOURTHS of one per cent are attributable to the 5,812
operation of motor vehicles upon waters within the boundaries of 5,813
this state and shall be used for the purposes of sections 1547.71 5,814
to 1547.78 of the Revised Code. 5,815
Section 2. That existing sections 109.71, 109.77, 145.01, 5,817
145.33, 742.63, 2925.44, 2933.43, 2935.01, 4301.021, 4301.10, 5,819
4301.21, 4301.31, 4301.53, 4301.66, 4501.10, 4501.27, 4503.19, 5,820
4507.02, 4509.101, 4561.021, 4561.20, 4561.341, 4563.01, 4906.10, 5,821
5501.03, 5501.04, 5501.07, 5502.01, 5502.13, 5502.14, 5502.16, 5,823
5502.17, 5502.18, 5502.62, 5517.011, 5525.01, and 5735.051 and 5,824
section 5502.61 of the Revised Code are hereby repealed. 5,825
Section 3. Except as otherwise provided, all appropriation 5,827
line items (ALI) in this act are hereby appropriated out of any 5,828
moneys in the state treasury to the credit of the designated 5,829
fund, which are not otherwise appropriated. For all 5,830
appropriations made in this act, those amounts in the first 5,831
column are for fiscal year 2000 and those amounts in the second 5,832
column are for fiscal year 2001. 5,833
Section 4. DOT DEPARTMENT OF TRANSPORTATION 5,837
FND ALI ALI TITLE FY 2000 FY 2001 5,839
5,840
Transportation Planning and Research 5,841
Highway Operating Fund Group 5,843
002 771-411 Planning and Research 5,846
- State $ 11,817,700 $ 12,106,000 5,848
002 771-412 Planning and Research 5,850
- Federal $ 25,424,800 $ 25,510,000 5,852
TOTAL HOF Highway Operating 5,853
140
Fund Group $ 37,242,500 $ 37,616,000 5,856
TOTAL ALL BUDGET FUND GROUPS - 5,857
Transportation Planning 5,858
and Research $ 37,242,500 $ 37,616,000 5,861
5,862
Highway Construction
Highway Operating Fund Group 5,864
002 772-421 Highway Construction 5,866
- State $ 366,422,300 $ 377,232,400 5,868
002 772-422 Highway Construction 5,870
- Federal $ 859,575,200 $ 874,490,000 5,872
002 772-424 Highway Construction 5,874
- Other $ 50,000,000 $ 50,000,000 5,876
212 770-005 Infrastructure Debt 5,878
Service - Federal $ 16,100,000 $ 16,300,000 5,880
212 772-423 Infrastructure Lease 5,882
Payments - Federal $ 12,534,463 $ 12,535,063 5,884
212 772-426 Highway 5,886
Infrastructure Bank -
Federal $ 5,000,000 $ 5,000,000 5,888
212 772-427 Highway 5,890
Infrastructure Bank -
State $ 32,030,000 $ 32,030,000 5,892
TOTAL HOF Highway Operating 5,893
Fund Group $1,341,661,963 $1,367,587,463 5,896
Highway Capital Improvement Fund Group 5,898
042 772-723 Highway Construction 5,901
- Bonds $ 225,000,000 $ 102,500,000 5,903
TOTAL 042 Capital Highway 5,904
Improvement
Fund Group $ 225,000,000 $ 102,500,000 5,907
Infrastructure Bank Obligations 5,908
Fund Group
141
045 772-428 Highway 5,910
Infrastructure Bank -
Bonds $ 30,000,000 $ 0 5,912
TOTAL 045 Infrastructure Bank 5,913
Obligations Fund Group $ 30,000,000 $ 0 5,916
TOTAL ALL BUDGET FUND GROUPS - 5,917
Highway Construction $1,596,661,963 $1,470,087,463 5,920
5,921
Highway Maintenance 5,922
Highway Operating Fund Group 5,924
002 773-431 Highway Maintenance - 5,927
State $ 361,614,800 $ 361,027,000 5,929
TOTAL HOF Highway Operating 5,930
Fund Group $ 361,614,800 $ 361,027,000 5,933
TOTAL ALL BUDGET FUND GROUPS - 5,936
Highway Maintenance $ 361,614,800 $ 361,027,000 5,939
5,942
Intermodal Transportation
State Special Revenue Fund Group 5,944
4Y2 774-446 Congestion Mitigation 5,947
Revolving Fund $ 50,000 $ 50,000 5,949
4T5 770-609 Administration 5,951
Memorial Fund $ 5,000 $ 5,000 5,953
TOTAL SSR State Special Revenue 5,954
Fund Group $ 55,000 $ 55,000 5,957
TOTAL ALL BUDGET FUND GROUPS - 5,958
Intermodal Transportation $ 55,000 $ 55,000 5,961
5,963
Public Transportation
Highway Operating Fund Group 5,964
002 775-452 Public Transportation 5,967
- Federal $ 43,375,000 $ 43,375,000 5,969
002 775-454 Public Transportation 5,971
- Other $ 1,002,000 $ 1,002,000 5,973
142
002 775-459 Elderly and Disabled 5,975
Special Equipment -
Federal $ 3,510,000 $ 3,510,000 5,977
TOTAL HOF Highway Operating 5,978
Fund Group $ 47,887,000 $ 47,887,000 5,981
TOTAL ALL BUDGET FUND GROUPS - 5,982
Public Transportation $ 47,887,000 $ 47,887,000 5,985
5,987
Rail Transportation
Highway Operating Fund Group 5,988
002 776-462 Grade Crossings - 5,991
Federal $ 15,000,000 $ 15,000,000 5,993
TOTAL HOF Highway Operating 5,994
Fund Group $ 15,000,000 $ 15,000,000 5,997
TOTAL ALL BUDGET FUND GROUPS - 5,998
Rail Transportation $ 15,000,000 $ 15,000,000 6,001
6,003
Aviation
Highway Operating Fund Group 6,005
002 777-472 Airport Improvements 6,008
- Federal $ 405,000 $ 405,000 6,010
002 777-475 Aviation 6,012
Administration $ 4,540,716 $ 4,557,140 6,014
TOTAL HOF Highway Operating 6,015
Fund Group $ 4,945,716 $ 4,962,140 6,018
TOTAL ALL BUDGET FUND GROUPS - 6,019
Aviation $ 4,945,716 $ 4,962,140 6,022
6,024
Administration
Highway Operating Fund Group 6,026
002 779-491 Administration - 6,029
State $ 107,561,200 $ 107,686,500 6,031
TOTAL HOF Highway Operating 6,032
Fund Group $ 107,561,200 $ 107,686,500 6,035
143
TOTAL ALL BUDGET FUND GROUPS - 6,036
Administration $ 107,561,200 $ 107,686,500 6,039
6,041
Debt Service
Highway Operating Fund Group 6,043
002 770-003 Administration - 6,046
State - Debt Service $ 18,000,000 $ 21,100,000 6,048
TOTAL HOF Highway Operating 6,049
Fund Group $ 18,000,000 $ 21,100,000 6,052
TOTAL ALL BUDGET FUND GROUPS - 6,053
Debt Service $ 18,000,000 $ 21,100,000 6,056
6,058
TOTAL Department of Transportation 6,059
TOTAL HOF Highway Operating 6,061
Fund Group $1,933,913,179 $1,962,866,103 6,064
TOTAL 042 Highway Capital 6,065
Improvement Fund Group $ 225,000,000 $ 102,500,000 6,068
TOTAL 045 Infrastructure Bank 6,069
Obligations Fund Group $ 30,000,000 $ 0 6,072
TOTAL SSR State Special Revenue 6,073
Fund Group $ 55,000 $ 55,000 6,076
TOTAL ALL BUDGET FUND GROUPS $2,188,968,179 $2,065,421,103 6,079
Section 4.01. Issuance of Bonds 6,084
The Commissioners of the Sinking Fund, upon the request of 6,086
the Director of Transportation, are hereby authorized to issue 6,087
and sell, in accordance with the provisions of Section 2m of 6,088
Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56 6,089
of the Revised Code, obligations, including bonds and notes, of 6,090
the State of Ohio in the aggregate amount of $320,000,000 in 6,091
addition to the original issuance of obligations heretofore 6,092
authorized by prior acts of the General Assembly. 6,093
The obligations shall be dated, issued, and sold from time 6,095
to time in such amounts as may be necessary to provide sufficient 6,096
moneys to the credit of the Highway Capital Improvement Fund 6,097
144
(Fund 042) created by section 5528.53 of the Revised Code to pay 6,099
costs charged to the fund when due as estimated by the Director 6,100
of Transportation, provided, however, that such obligations shall
be issued and sold at such time or times so that not more than 6,101
$220,000,000 original principal amount of obligations, plus the 6,102
principal amount of obligations that in prior fiscal years could 6,103
have been, but were not issued within the $220,000,000 limit, may 6,104
be issued in any fiscal year, and not more than $1,200,000,000 6,105
original principal amount of obligations issued pursuant to 6,106
Section 2m of Article VIII, Ohio Constitution, and sections
5528.51 and 5528.56 of the Revised Code are outstanding at any 6,107
one time.
Bond Funds Transfer 6,108
The Director of Budget and Management may cancel 6,110
encumbrances associated with Highway Obligations Construction 6,111
Fund (Fund 041) appropriations and reestablish such encumbrances 6,112
or parts of encumbrances as needed in fiscal year 2000 in the 6,113
Highway Capital Improvement Fund (Fund 042) appropriation item 6,114
772-723, Highway Construction - Bonds, for the same purpose and
to the same vendor. As determined by the director, the 6,115
appropriation authority necessary to reestablish such 6,116
encumbrances in fiscal year 2000 in Fund 042 is hereby 6,117
authorized. The director shall reduce each year's appropriation
balances by the amount of the encumbrances cancelled in its 6,118
respective line item. As determined by the director, any cash 6,119
balance remaining in Fund 041 may be transferred to Fund 042. 6,120
Section 4.02. Maintenance Interstate Highways 6,122
The Director of Transportation may remove snow and ice, and 6,124
maintain, repair, improve, or provide lighting upon interstate 6,125
highways that are located within the boundaries of municipal 6,126
corporations, adequate to meet the requirements of federal law. 6,128
When agreed in writing by the director and the legislative
authority of a municipal corporation, and notwithstanding 6,129
sections 125.01 and 125.11 of the Revised Code, the Department of 6,130
145
Transportation may reimburse the municipal corporation for all or 6,131
any part of the costs, as provided by such agreement, incurred by 6,132
the municipal corporation in maintaining, repairing, lighting, 6,133
and removing snow and ice from the interstate system. 6,134
Section 4.03. Transfer of Appropriations - Planning and 6,139
Research, Highway Construction, Maintenance and Administration 6,140
The Director of Budget and Management may approve requests 6,142
from the Department of Transportation for transfer of 6,143
appropriations for highway planning and research (appropriation 6,144
items 771-411 and 771-412), highway construction (appropriation 6,145
items 772-421, 772-422, and 772-424), highway maintenance 6,146
(appropriation item 773-431), and highway administration 6,147
(appropriation item 779-491). Transfers of appropriations shall 6,149
be made upon the written request of the Director of 6,150
Transportation with the approval of the Director of Budget and 6,151
Management. Such transfers shall be reported to the Controlling 6,152
Board at the next regularly scheduled meeting of the board. 6,153
This transfer language is intended to provide for emergency 6,155
situations and flexibility to meet unforeseen conditions that 6,156
could arise during the budget period. This will also allow the 6,157
department to optimize the use of available resources, and adjust 6,158
to circumstances affecting the obligation and expenditure of 6,159
federal funds. 6,160
Transfer of Appropriations - State Infrastructure Bank 6,162
The Director of Budget and Management may approve requests 6,164
from the Department of Transportation for transfer of 6,165
appropriations and cash of the Infrastructure Bank funds created 6,167
in section 5531.09 of the Revised Code, including transfers 6,168
between fiscal years 2000 and 2001. Such transfers shall be 6,169
reported to the Controlling Board at the next regularly scheduled
meeting of the board. However, the director may not make 6,170
transfers out of debt service and lease payment appropriation 6,171
items unless the director determines that the appropriated 6,172
amounts exceed the actual and projected debt, rental, or lease 6,173
146
payments.
The Director of Budget and Management may approve requests 6,175
from the Department of Transportation for transfer of 6,176
appropriations and cash of the Highway Operating Fund (Fund 002) 6,177
to the Infrastructure Bank funds created in section 5531.09 of 6,178
the Revised Code. The Director of Budget and Management may 6,179
transfer from the Infrastructure Bank funds to the Highway 6,181
Operating Fund up to the amounts originally transferred to the 6,182
Infrastructure Bank funds under this section. Such transfers 6,183
shall be reported to the Controlling Board at the next regularly 6,184
scheduled meeting of the board. However, the director may not 6,185
make transfers between modes and transfers between different 6,186
funding sources. 6,187
Increase Appropriation Authority - State Funds 6,189
In the event that revenues or unexpended balances credited 6,191
to the Highway Operating Fund exceed the estimates upon which the 6,192
appropriations have been made in this act, the Director of 6,194
Transportation may submit a request to the Controlling Board for 6,195
increased appropriation authority in the same manner as 6,196
prescribed in section 131.35 of the Revised Code. Such 6,198
additional revenues or unexpended balances are hereby 6,199
appropriated to the Department of Transportation when authorized 6,200
by the Controlling Board.
Increase Appropriation Authority - Federal and Local Funds 6,203
In the event that receipts or unexpended balances credited 6,205
to the Highway Operating Fund or apportionments or allocations 6,206
made available from the federal and local government exceed the 6,207
estimates upon which the appropriations have been made in this 6,210
act, such excess is hereby appropriated and may be added to the 6,211
appropriate item or items when requested by the Director of 6,212
Transportation and approved by the Director of Budget and 6,213
Management and the Controlling Board.
Reappropriations 6,215
All appropriations of the Highway Operating Fund (Fund 6,217
147
002), the Highway Capital Improvement Fund (Fund 042), and the 6,219
Infrastructure Bank funds created in section 5531.09 of the 6,220
Revised Code remaining unencumbered on June 30, 1999, and the 6,221
unexpended balance of prior years' appropriations that 6,222
subsequently become unencumbered after June 30, 1999, subject to 6,223
the availability of revenue as determined by the Director of 6,224
Transportation, are hereby reappropriated for the same purpose in 6,225
fiscal year 2000 upon the request of the Director of 6,226
Transportation with the approval of the Director of Budget and 6,228
Management. Such reappropriations shall be reported to the 6,229
Controlling Board at the next regularly scheduled meeting of the 6,230
board.
All appropriations of the Highway Operating Fund (Fund 6,232
002), the Highway Capital Improvement Fund (Fund 042), and the 6,234
Infrastructure Bank funds created in section 5531.09 of the 6,235
Revised Code remaining unencumbered as of June 30, 2000, are 6,237
reappropriated for use during fiscal year 2001 for the same 6,238
purpose. The department shall report all such reappropriations 6,239
to the Controlling Board. 6,240
Section 4.04. Public Access Roads for State Facilities 6,242
Of the foregoing appropriation item 772-421, Highway 6,244
Construction - State, $3,100,000 is to be used each fiscal year 6,245
during the 1999-2001 biennium by the Department of Transportation 6,246
for the construction, reconstruction, or maintenance of public 6,247
access roads, including support features, to and within state 6,248
facilities owned or operated by the Department of Natural 6,249
Resources, as requested by the Director of Natural Resources. 6,250
Notwithstanding section 5511.06 of the Revised Code, of the 6,252
foregoing appropriation item 772-421, Highway Construction - 6,253
State, $2,200,000 in each fiscal year of the 1999-2001 biennium 6,254
shall be used by the Department of Transportation for the 6,255
construction, reconstruction, or maintenance of park drives or 6,256
park roads within the boundaries of metropolitan parks. 6,257
Included in the foregoing appropriation item 772-421, 6,259
148
Highway Construction - State, the department may perform related 6,261
road work on behalf of the Ohio Expositions Commission at the 6,262
state fairgrounds. This includes reconstruction or maintenance 6,264
of public access roads, including support features, to and within 6,266
the facilities as requested by the commission and approved by the 6,267
Director of Transportation. 6,268
Liquidation of Unforeseen Liabilities 6,270
Any appropriation made to the Department of Transportation, 6,272
Highway Operating Fund, not otherwise restricted by law, is 6,273
available to liquidate unforeseen liabilities arising from 6,275
contractual agreements of prior years when the prior year 6,276
encumbrance is insufficient. 6,277
Congestion Mitigation 6,279
The foregoing appropriation item 774-446, Congestion 6,281
Mitigation Revolving Fund, shall be used to make loans or grants 6,282
for the construction, reconstruction, resurfacing, restoring, 6,283
rehabilitation, or replacement of public or private 6,284
transportation facilities as eligible under United States Code, 6,285
Title XXIII. Fund revenues shall include, but are not limited
to, payments received from any public or private agency in 6,286
repayment of a loan previously made from the fund or pursuant to 6,287
23 U.S.C. 129(a)(7) or successor legislation; interest or other 6,288
income earned on the investment of moneys in the fund; and any 6,289
additional moneys made available from any sources, public or
private, for the purposes for which the fund has been 6,290
established.
Section 4.05. Department of Taxation 6,292
By the thirtieth day of June of each fiscal year, the 6,294
Director of Budget and Management shall transfer $4,300,000 in 6,295
cash from Fund 002, the Highway Operating Fund, to the General 6,296
Revenue Fund for reimbursement of the services provided by the 6,298
Department of Taxation pursuant to sections 5728.08, 5735.26, and 6,299
5735.29 of the Revised Code.
Rental Payments - OBA 6,301
149
The foregoing appropriation item 770-003, Administration - 6,303
State - Debt Service, shall be used to pay rent to the Ohio 6,304
Building Authority for various capital facilities to be 6,306
constructed, reconstructed, or rehabilitated for the use of the 6,308
Department of Transportation, including the department's plant 6,309
and facilities at its central office, field districts, and county 6,310
and outpost locations. The rental payments shall be made from 6,311
revenues received from the motor vehicle fuel tax. The amounts 6,312
of any bonds and notes to finance such capital facilities shall 6,313
be at the request of the Director of Transportation. 6,314
Notwithstanding section 152.24 of the Revised Code, the Ohio 6,315
Building Authority may, with approval of the Office of Budget and 6,316
Management, lease capital facilities to the Department of 6,317
Transportation.
The Director of Transportation shall hold title to any land 6,319
purchased and any resulting structures that are attributable to 6,320
this appropriation item. Notwithstanding section 152.18 of the 6,322
Revised Code, the Director of Transportation shall administer any 6,324
purchase of land and any contract for construction, 6,326
reconstruction, and rehabilitation of facilities as a result of 6,327
this appropriation.
Should the appropriation and any reappropriations from 6,329
prior years in appropriation item 770-003 exceed the rental 6,330
payments for fiscal year 2000 or 2001, then prior to June 30, 6,331
2001, the balance may be transferred to appropriation item 6,332
772-421, 773-431, or 779-491. Such transfer shall be requested 6,334
by the Director of Transportation with approval by the Director 6,335
of Budget and Management. Transfers shall be reported to the 6,336
Controlling Board at the next regularly scheduled meeting of the 6,337
board.
Section 4.06. Composite Bridge Decks 6,339
The Governor may authorize a program to investigate the use 6,341
of composite and other alternative material bridge decks both to 6,342
extend scarce transportation dollars and to promote economic 6,343
150
development in Ohio.
Section 4.07. Public Transportation Highway Purpose Grants 6,345
The Director of Transportation is authorized to use 6,347
revenues from the state motor vehicle fuel tax to match approved 6,349
federal grants awarded to the Department of Transportation, 6,351
regional transit authorities, or eligible public transportation 6,352
systems, for public transportation highway purposes, or to 6,353
support local or state funded projects for public transportation 6,355
highway purposes. Public transportation highway purposes 6,356
include: the construction or repair of high-occupancy vehicle 6,357
traffic lanes, the acquisition or construction of park-and-ride 6,359
facilities, the acquisition or construction of public 6,360
transportation vehicle loops, the construction or repair of 6,361
bridges used by public transportation vehicles or that are the 6,363
responsibility of a regional transit authority or other public 6,365
transportation system, or other similar construction that is 6,367
designated as an eligible public transportation highway purpose. 6,369
These motor vehicle fuel tax revenues may not be used for
operating assistance or for the purchase of vehicles, equipment, 6,370
or maintenance facilities. 6,371
Section 4.08. Aviation Fuel Study 6,373
The Department of Transportation shall complete a 6,375
comprehensive aviation study with the cooperation of the Office 6,376
of Budget and Management, the Legislative Budget Office of the 6,377
Legislative Service Commission, the Department of Taxation, and 6,379
any other agency that is deemed necessary. The report shall 6,380
include all the following and any additional information deemed 6,381
necessary:
(A) The amount of aviation fuel sold in Ohio by type; 6,383
(B) A breakdown of all taxes paid on that fuel; 6,385
(C) The current state of the airport infrastructure of 6,387
Ohio's public use general aviation airports; 6,388
(D) The forecasted needs of those airports in the 21st 6,390
century.
151
The report shall be completed by October 1, 1999, and 6,392
reported to the House Finance and Appropriations Committee. 6,393
Section 5. DHS DEPARTMENT OF PUBLIC SAFETY 6,396
Highway Safety Information and Education 6,396
State Highway Safety Fund Group 6,398
036 761-321 Operating Expense - 6,401
Information and
Education $ 2,817,706 $ 2,893,048 6,403
036 761-402 Traffic Safety Match $ 277,137 $ 277,137 6,407
831 761-610 Information and 6,409
Education - Federal $ 532,824 $ 539,964 6,411
83N 761-611 Elementary School 6,413
Seat Belt Program $ 362,356 $ 370,151 6,415
832 761-612 Traffic 6,417
Safety-Federal $ 11,911,963 $ 12,312,386 6,419
844 761-613 Seat Belt Education 6,421
Program $ 208,743 $ 213,753 6,423
846 761-625 Motorcycle Safety 6,425
Education $ 1,250,698 $ 1,271,962 6,427
847 761-622 Film Production 6,429
Reimbursement $ 43,079 $ 44,285 6,431
TOTAL HSF State Highway Safety 6,432
Fund Group $ 17,406,506 $ 17,924,687 6,435
TOTAL ALL BUDGET FUND GROUPS - 6,436
Highway Safety Information 6,437
and Education $ 17,406,506 $ 17,924,687 6,440
Federal Highway Safety Program Match 6,443
The foregoing appropriation item 761-402, Traffic Safety 6,445
Match, shall be used to provide the nonfederal portion of the 6,446
federal Highway Safety Program. Upon request by the Director of 6,447
Public Safety and approval by the Director of Budget and 6,448
Management, appropriation item 761-402 shall be used to transfer 6,449
appropriations from the Highway Safety Fund to the Traffic Safety 6,450
- Federal Fund (Fund 832) at the beginning of each fiscal year on 6,451
152
an intrastate transfer voucher. 6,452
Film Production Reimbursement 6,454
The foregoing appropriation item 761-622, Film Production 6,456
Reimbursement, shall be used by the Division of Administration of 6,457
the Department of Public Safety for the purpose of providing a 6,459
method of collection from other state agencies for services and 6,461
supplies provided for production of public service announcements 6,462
and training materials. This appropriation shall be expended 6,463
only for supplies and the maintenance of equipment necessary to 6,466
perform such services.
Section 5.01. Bureau of Motor Vehicles 6,468
State Special Revenue Fund Group 6,470
4U0 762-638 Collegiate License 6,473
Plate Program $ 406,709 $ 416,470 6,475
4U2 762-641 Football Hall of Fame 6,477
License Plates $ 252,975 $ 259,046 6,479
5G8 762-668 Ohio CASA/GAL License 6,481
Plates $ 300,000 $ 307,200 6,483
5G9 762-669 Rotary International 6,485
License Plates $ 20,000 $ 20,480 6,487
5J0 762-670 Pro Sports Team 6,489
License Plates $ 1,250,000 $ 2,500,000 6,491
5J1 762-671 Boy Scouts License 6,493
Plates $ 25,000 $ 25,000 6,495
5J2 762-672 Girl Scouts License 6,497
Plates $ 25,000 $ 25,000 6,499
5J3 762-673 Eagle Scouts License 6,501
Plates $ 25,000 $ 25,000 6,503
5J4 762-674 FOP License Plates $ 15,000 $ 15,000 6,507
5J5 762-675 FOP Associates 6,509
License Plates $ 60,000 $ 60,000 6,511
539 762-614 Motor Vehicle Dealers 6,513
Board $ 222,623 $ 227,506 6,515
TOTAL SSR State Special Revenue 6,516
153
Fund Group $ 2,602,307 $ 3,880,702 6,519
State Highway Safety Fund Group 6,522
4W4 762-321 Operating Expense-BMV $ 59,524,444 $ 59,584,303 6,527
4W4 762-410 Registrations 6,529
Supplement $ 31,480,879 $ 32,197,278 6,531
83R 762-639 Local Immobilization 6,533
Reimbursement $ 1,261,973 $ 1,292,260 6,535
835 762-616 Financial 6,537
Responsibility
Compliance $ 5,650,575 $ 5,674,529 6,539
849 762-627 Automated Title 6,541
Processing Board $ 16,354,358 $ 11,858,624 6,543
TOTAL HSF State Highway Safety 6,544
Fund Group $ 114,272,229 $ 110,606,994 6,547
TOTAL ALL BUDGET FUND GROUPS - 6,548
Bureau of Motor Vehicles $ 116,874,536 $ 114,487,696 6,551
Motor Vehicle Registrations 6,554
The Registrar of Motor Vehicles may deposit revenues equal 6,557
to any estimated deficiency in the State Bureau of Motor Vehicles 6,558
Fund (Fund 4W4), established in section 4501.25 of the Revised 6,559
Code, obtained pursuant to sections 4503.02 and 4504.02 of the 6,560
Revised Code to support in part appropriations for operating 6,561
expenses and to defray the cost of manufacturing and distributing 6,562
license plates and license plate stickers and enforcing the law 6,563
relative to the operation and registration of motor vehicles. 6,564
Notwithstanding section 4501.03 of the Revised Code, the above 6,565
amount shall be paid into the State Bureau of Motor Vehicles Fund 6,566
before any revenues obtained pursuant to sections 4503.02 and 6,568
4504.02 of the Revised Code are paid into any other fund. The 6,569
deposit of revenues to meet the aforementioned deficiency shall 6,570
be in approximate equal amounts on a monthly basis or as 6,571
otherwise determined by the Director of Budget and Management
pursuant to a plan submitted by the Registrar of Motor Vehicles. 6,572
Capital Projects 6,574
154
The Registrar of Motor Vehicles may transfer revenue from 6,578
the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 6,579
Highway Safety Fund (Fund 036) to meet its obligations for 6,580
capital projects CIR-047, Department of Public Safety Office 6,581
Building, and CIR-049, Warehouse Facility. 6,582
Administrative Functions 6,584
Subject to the approval of the Director of Budget and 6,586
Management, the Registrar of Motor Vehicles may transfer cash 6,587
from the State Bureau of Motor Vehicles Fund (Fund 4W4) and the 6,588
Automated Title Processing Fund (Fund 849) to the State Highway 6,589
Safety Fund (Fund 036) to meet obligations for its proportionate 6,590
share of costs for the department's administrative functions, as 6,592
mutually agreed to between the Director of Public Safety and the 6,593
Registrar of Motor Vehicles.
Section 5.02. Enforcement 6,595
State Highway Safety Fund Group 6,596
036 764-033 Minor Capital 6,599
Projects $ 1,659,186 $ 1,689,075 6,601
036 764-321 Operating Expense - 6,603
Highway Patrol $ 172,777,889 $ 171,329,899 6,605
83C 764-630 Contraband, 6,607
Forfeiture, Other $ 572,263 $ 583,057 6,609
83F 764-657 Law Enforcement Auto. 6,611
Data System $ 4,794,209 $ 4,882,658 6,613
83G 764-633 OMVI Fines $ 727,033 $ 731,550 6,617
831 764-610 Patrol/Federal $ 2,055,814 $ 2,049,980 6,621
831 764-659 Transportation 6,623
Enforcement - Federal $ 2,517,623 $ 2,499,615 6,625
837 764-602 Turnpike Policing $ 8,347,714 $ 8,312,784 6,629
838 764-606 Patrol Reimbursement $ 212,025 $ 212,025 6,633
840 764-607 State Fair Security $ 1,248,521 $ 1,241,747 6,637
840 764-617 Security and 6,639
Investigations $ 3,964,371 $ 3,940,861 6,641
155
840 764-626 State Fairgrounds 6,643
Police Force $ 732,167 $ 750,364 6,645
840 761-667 Security Assessment $ 137,560 $ 139,416 6,649
841 764-603 Salvage and Exchange 6,651
- Highway Patrol $ 1,187,761 $ 1,216,267 6,653
TOTAL HSF State Highway Safety 6,654
Fund Group $ 200,934,136 $ 199,579,298 6,657
General Services Fund Group 6,660
4S2 764-660 MARCS Maintenance $ 304,284 $ 303,550 6,665
TOTAL GSF General Services 6,666
Fund Group $ 304,284 $ 303,550 6,669
TOTAL ALL BUDGET FUND GROUPS - 6,670
Enforcement $ 201,238,420 $ 199,882,848 6,673
Collective Bargaining Increases 6,676
Notwithstanding division (D) of section 127.14 and division 6,678
(B) of section 132.35 of the Revised Code, except for the General 6,679
Revenue Fund, the Controlling Board may, upon the request of 6,681
either the Director of Budget and Management, or the Department 6,682
of Public Safety with the approval of the Director of Budget and 6,684
Management, increase appropriations for any fund, as necessary 6,686
for the Department of Public Safety, to assist in paying the 6,687
costs of increases in employee compensation that have occurred 6,689
that are provided pursuant to collective bargaining agreements 6,690
under Chapter 4117. of the Revised Code and, for exempt 6,691
employees, under section 124.152 of the Revised Code. 6,692
Section 5.03. Emergency Medical Services 6,694
State Highway Safety Fund Group 6,696
83M 765-624 Operating Expenses - 6,699
EMS $ 1,560,000 $ 1,578,512 6,701
83P 765-637 EMS Grants $ 4,000,000 $ 4,000,000 6,705
831 765-610 EMS/Federal $ 251,760 $ 257,803 6,709
TOTAL HSF State Highway Safety 6,710
Fund Group $ 5,811,760 $ 5,836,315 6,713
TOTAL ALL BUDGET FUND GROUPS - 6,714
156
Emergency Medical Services $ 5,811,760 $ 5,836,315 6,717
Section 5.04. Special Enforcement 6,720
State Highway Safety Fund Group 6,722
831 767-610 Liquor Enforcement - 6,725
Federal $ 200,000 $ 200,000 6,727
831 769-610 Food Stamp 6,729
Trafficking
Enforcement - Federal $ 721,787 $ 878,704 6,731
TOTAL HSF State Highway Safety 6,732
Fund Group $ 921,787 $ 1,078,704 6,735
Liquor Control Fund Group 6,738
043 767-321 Liquor Enforcement - 6,741
Operations $ 8,531,000 $ 8,379,000 6,743
TOTAL LCF Liquor Control Fund 6,744
Group $ 8,531,000 $ 8,379,000 6,747
State Special Revenue Fund Group 6,750
622 767-615 Investigative 6,753
Contraband and
Forfeiture $ 377,295 $ 385,768 6,755
TOTAL SSR State Special Revenue 6,756
Fund Group $ 377,295 $ 385,768 6,759
TOTAL ALL BUDGET FUND GROUPS - 6,760
Special Enforcement $ 9,830,082 $ 9,843,472 6,763
Section 5.05. Emergency Management 6,766
Federal Special Revenue Fund Group 6,768
3N5 763-644 U.S. DOE Agreement $ 199,875 $ 195,961 6,774
329 763-645 Individual/Family 6,776
Grant - Fed $ 750,000 $ 749,674 6,778
337 763-609 Federal Disaster 6,780
Relief $ 10,600,000 $ 5,597,556 6,782
339 763-647 Emergency Management 6,784
Assistance and
Training $ 4,500,000 $ 4,490,434 6,786
TOTAL FED Federal Special 6,787
157
Revenue Fund Group $ 16,049,875 $ 11,033,625 6,790
General Services Fund Group 6,793
4V3 763-662 Storms/NOAA 6,796
Maintenance $ 169,900 $ 167,943 6,798
4W6 763-663 MARCS Operations $ 436,000 $ 432,447 6,802
533 763-601 State Disaster Relief $ 8,370,843 $ 4,372,348 6,806
TOTAL GSF General Services 6,807
Fund Group $ 8,976,743 $ 4,972,738 6,810
State Special Revenue Fund Group 6,813
4Y0 763-654 EMA Utility Payment $ 143,220 $ 146,657 6,818
4Y1 763-655 Salvage & 6,820
Exchange-EMA $ 27,028 $ 27,676 6,822
657 763-652 Utility Radiological 6,824
Safety $ 822,079 $ 806,339 6,826
681 763-653 SARA Title III HAZMAT 6,828
Planning $ 190,000 $ 188,452 6,830
TOTAL SSR State Special Revenue 6,831
Fund Group $ 1,182,327 $ 1,169,124 6,834
TOTAL ALL BUDGET FUND GROUPS - 6,835
Emergency Management $ 26,208,945 $ 17,175,487 6,838
MARCS Fund Transfer 6,841
In the event that the Emergency Management Agency is not 6,843
designated by the Director of Administrative Services as the 6,844
agency to operate the Multi-Agency Radio Communications System 6,845
(MARCS), the Director of Budget and Management, with the 6,846
concurrence of the Director of Public Safety and the approval of 6,847
the Controlling Board, shall transfer the MARCS System Operations
Fund (Fund 4W6) and appropriation item 763-663, MARCS Operations, 6,848
from the Emergency Management Agency to the state agency that is 6,850
designated by the Director of Administrative Services as the 6,851
caretaker of the operation of the Multi-Agency Radio 6,852
Communications System.
SARA Title III HAZMAT Planning 6,854
The SARA Title III HAZMAT Planning Fund (Fund 681) shall 6,856
158
receive grant funds from the Emergency Response Commission to 6,857
implement the Emergency Management Agency's responsibilities 6,858
under Sub. S.B. 367 of the 117th General Assembly.
Section 5.06. Administration 6,860
State Highway Safety Fund Group 6,862
036 766-321 Operating Expense - 6,865
Administration $ 4,373,000 $ 4,442,000 6,867
830 761-603 Salvage and Exchange 6,869
- Administration $ 20,574 $ 21,067 6,871
TOTAL HSF State Highway Safety 6,872
Fund Group $ 4,393,574 $ 4,463,067 6,875
General Services Fund Group 6,878
4S3 766-661 Hilltop Utility 6,881
Reimbursement $ 550,000 $ 550,000 6,883
5C7 762-664 6,884
TOTAL GSF General Services 6,885
Fund Group $ 550,000 $ 550,000 6,888
TOTAL ALL BUDGET FUND GROUPS - 6,889
Administration $ 4,943,574 $ 5,013,067 6,892
Section 5.07. Debt Service 6,895
State Highway Safety Fund Group 6,897
036 761-401 Lease Rental Payments $ 12,600,000 $ 14,000,000 6,902
TOTAL HSF State Highway Safety 6,903
Fund Group $ 12,600,000 $ 14,000,000 6,906
TOTAL ALL BUDGET FUND GROUPS - 6,907
Debt Service $ 12,600,000 $ 14,000,000 6,910
OBA Bond Authority/Lease Rental Payments 6,913
The foregoing appropriation item 761-401, Lease Rental 6,915
Payments, shall be used for payments to the Ohio Building 6,916
Authority for the period July 1, 1999, to June 30, 2001, pursuant 6,917
to the primary leases and agreements for those buildings made 6,918
under Chapter 152. of the Revised Code that are pledged for bond 6,919
service charges on related obligations issued pursuant to Chapter 6,920
152. of the Revised Code. Notwithstanding section 152.24 of the 6,921
159
Revised Code, the Ohio Building Authority may, with approval of 6,922
the Office of Budget and Management, lease capital facilities to 6,923
the Department of Public Safety. 6,924
Hilltop Transfer 6,926
The Director of Public Safety shall determine, per an 6,928
agreement with the Director of Transportation, the share of each 6,929
debt service payment made out of appropriation item 761-401, 6,930
Lease Rental Payments, that relates to the Department of 6,931
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the 6,932
amounts of this share. The Director of Budget and Management 6,933
shall transfer such shares from the Highway Operating Fund (Fund 6,934
002) to the Highway Safety Fund (Fund 036).
Section 5.08. Revenue Distribution 6,936
Holding Account Redistribution Fund Group 6,938
R24 762-619 Unidentified Motor 6,941
Vehicle Receipts $ 1,600,000 $ 1,600,000 6,943
R27 764-608 Patrol Fee Refunds $ 35,000 $ 35,000 6,947
TOTAL 090 Holding Account 6,948
Redistribution Fund Group $ 1,635,000 $ 1,635,000 6,951
TOTAL ALL BUDGET FUND GROUPS - 6,952
Revenue Distribution $ 1,635,000 $ 1,635,000 6,955
6,956
TOTAL Department of Public Safety 6,957
TOTAL HSF State Highway Safety 6,959
Fund Group $ 356,337,992 $ 353,487,064 6,962
TOTAL SSR State Special Revenue 6,963
Fund Group $ 4,161,929 $ 5,435,594 6,966
TOTAL LCF Liquor Control 6,967
Fund Group $ 8,531,000 $ 8,379,000 6,970
TOTAL GSF General Services 6,971
Fund Group $ 9,831,027 $ 5,826,288 6,974
TOTAL FED Federal Revenue Special 6,975
Fund Group $ 16,049,875 $ 11,033,625 6,978
160
TOTAL 090 Holding Account 6,979
Redistribution
Fund Group $ 1,635,000 $ 1,635,000 6,982
TOTAL ALL BUDGET FUND GROUPS $ 396,546,823 $ 385,796,571 6,985
Section 5.09. Transfer of Funds 6,988
The Director of Budget and Management, pursuant to a plan 6,990
submitted by the Department of Public Safety or as otherwise 6,991
determined by the director, shall set a monthly cash transfer 6,992
schedule to meet any estimated deficiency in the State Highway 6,993
Safety Fund (Fund 036) established in section 4501.06 of the 6,994
Revised Code.
The director shall transfer to the Highway Safety Fund from 6,996
the Highway Operating Fund (Fund 002) established in section 6,997
5735.291 of the Revised Code such amounts at such times as 6,998
determined by the transfer schedule. 6,999
Data Services Fund (5C7) 7,001
Upon the effective date of this section, any residual cash 7,003
in the Data Services Fund (Fund 5C7) shall be transferred to the 7,004
Highway Safety Fund (Fund 036) and the Bureau of Motor Vehicles 7,005
Fund (Fund 4W4). The residual cash shall be divided between 7,006
Funds 036 and 4W4 in amounts proportional to the amounts that 7,007
were previously transferred to Fund 5C7 from Funds 036 and 4W4 as 7,009
provided in Section 8.09 of Am. Sub. H.B. 210 of the 122nd 7,010
General Assembly.
Notwithstanding any provision of law to the contrary, the 7,013
Director of Budget and Management is authorized to take the
actions as described in this section. The Director of Budget and 7,014
Management may make any transfers of cash balances between funds 7,015
5C7, 036, and 4W4 as previously described in this section. The 7,016
Registrar of Motor Vehicles shall certify to the Director of 7,017
Budget and Management the amount of cash balance to be 7,018
transferred to the receiving funds. 7,019
Cash Balance Fund Review 7,021
Not later than the first day of April in each fiscal year 7,023
161
of the biennium, the Director of Budget and Management shall 7,025
review the cash balances for each fund, except the State Highway 7,027
Safety Fund (Fund 036), in the State Highway Safety Fund Group 7,028
and with the advice of the Legislative Budget Officer shall 7,029
recommend to the Controlling Board an amount to be transferred to 7,031
the credit of the State Highway Safety Fund, or the Bureau of
Motor Vehicles Fund, as appropriate. 7,032
Section 6. DEV DEPARTMENT OF DEVELOPMENT 7,034
State Special Revenue Fund Group 7,036
4W0 195-629 Roadwork Development $ 12,699,900 $ 12,699,900 7,041
TOTAL SSR State Special Revenue 7,042
Fund Group $ 12,699,900 $ 12,699,900 7,045
TOTAL ALL BUDGET FUND GROUPS $ 12,699,900 $ 12,699,900 7,048
Roadwork Development Fund 7,050
The Roadwork Development Fund shall be used for road 7,052
improvements associated with economic development opportunities 7,053
that will retain or attract businesses for Ohio. "Road 7,054
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site. 7,055
The Department of Transportation, under the direction of 7,057
the Department of Development, shall provide these funds in 7,058
accordance with all guidelines and requirements established for 7,059
Department of Development appropriation item 195-412, Business 7,060
Development, including Controlling Board review and approval as 7,061
well as the requirements for usage of gas tax revenue prescribed 7,062
in Section 5a of Article XII, Ohio Constitution. Should the 7,064
Department of Development require the assistance of the 7,065
Department of Transportation to bring a project to completion, 7,066
the Department of Transportation shall use the authority under
Title LV of the Revised Code to provide such assistance and enter 7,067
into contracts on behalf of the Department of Development. In 7,068
addition, these funds may be used in conjunction with 7,069
appropriation item 195-412, Business Development, or any other 7,071
state funds appropriated for infrastructure improvements.
162
The Director of Budget and Management, pursuant to a plan 7,073
submitted by the Department of Development or as otherwise 7,074
determined by the director, shall set a transfer schedule to meet 7,076
any estimated deficiency in the Department of Development's 7,077
Roadwork Development Fund (Fund 4W0). The director shall 7,078
transfer to the Roadwork Development Fund from the Highway 7,079
Operating Fund (Fund 002), established in section 5735.291 of the 7,080
Revised Code, such amounts at such times as determined by the 7,081
transfer schedule.
Transportation Improvement Districts 7,083
Of the foregoing appropriation item 195-629, Roadwork 7,085
Development, $250,000 each fiscal year of the biennium shall be 7,086
paid by the Director of Development to each of the transportation 7,087
improvement districts of Butler, Hamilton, Medina, and Stark 7,088
counties, as provided for in section 5540.151 of the Revised 7,090
Code. The appropriation authority shall be used by each 7,091
transportation improvement district to support its activities 7,092
pursuant to section 5540.16 of the Revised Code. These payments 7,093
shall not be subject to the restrictions of appropriation item 7,094
195-629.
Section 7. PWC PUBLIC WORKS COMMISSION 7,096
Local Transportation Improvements Fund Group 7,098
052 150-402 LTIP - Operating $ 397,133 $ 402,980 7,103
052 150-701 Local Transportation 7,105
Improvement Program $ 62,000,000 $ 62,000,000 7,107
TOTAL 052 Local Transportation 7,108
Improvements Fund Group $ 62,397,133 $ 62,402,980 7,111
Local Infrastructure Improvements Fund Group 7,114
038 150-321 Operating Expenses $ 928,677 $ 941,989 7,119
TOTAL LIF Local Infrastructure 7,120
Improvements
Fund Group $ 928,677 $ 941,989 7,123
TOTAL ALL BUDGET FUND GROUPS $ 63,325,810 $ 63,344,969 7,126
District Administration Costs 7,129
163
The Director of the Public Works Commission is authorized 7,131
to create a District Administration Costs Program from interest 7,132
earnings of the Capital Improvements Fund and Local 7,134
Transportation Improvement Program Fund proceeds. This program 7,136
shall be used to provide for administration costs of the nineteen 7,137
public works districts for the direct costs of district 7,139
administration. Districts choosing to participate in this 7,140
program shall only expend Capital Improvements Fund moneys for 7,142
Capital Improvements Fund costs and Local Transportation 7,143
Improvement Program Fund moneys for Local Transportation 7,144
Improvement Program Fund costs. The account shall not exceed 7,145
$760,000 per fiscal year. Each public works district may be
eligible for up to $40,000 per fiscal year from its district 7,146
allocation as provided in sections 164.08 and 164.14 of the 7,147
Revised Code. 7,148
The director, by rule, shall define allowable and 7,150
nonallowable costs for the purpose of the District Administration 7,151
Costs Program. Nonallowable costs include indirect costs, 7,152
elected official salaries and benefits, and project-specific 7,153
costs. No district public works committee may participate in the 7,154
District Administration Costs Program without the approval of 7,155
those costs by the district public works committee pursuant to 7,156
section 164.04 of the Revised Code. 7,157
Reappropriations and Transfers 7,159
All appropriations to the Local Transportation Improvement 7,161
Program Fund (Fund 052) in Am. Sub. H.B. 210 of the 122nd General 7,163
Assembly remaining unencumbered as of June 30, 1999, are
reappropriated for use during the period July 1, 1999, through 7,164
June 30, 2001, for the same purpose. 7,165
Notwithstanding division (B) of section 127.14 of the 7,167
Revised Code, all appropriations and reappropriations to the 7,168
Local Transportation Improvement Program Fund (Fund 052) in this 7,169
act remaining unencumbered at June 30, 2000, may be transferred 7,170
to fiscal year 2001 for the same purpose, subject to the 7,171
164
availability of revenue as determined by the Director of the 7,172
Public Works Commission. 7,173
Section 8. Within the limits set forth in this act, the 7,175
Director of Budget and Management shall establish accounts 7,176
indicating the source and amount of funds for each item of 7,177
appropriation made in this act, and shall determine the form and 7,178
manner in which such appropriation accounts shall be maintained. 7,179
Expenditures from appropriations contained in this act may be 7,180
accounted as though made in the main operating appropriations act 7,182
of the 123rd General Assembly.
Section 9. Lease Payments to OPFC, OBA, and Treasurer 7,184
Certain appropriations are in this act for the purpose of 7,186
lease payments to the Ohio Public Facilities Commission, to the 7,187
Ohio Building Authority, and to the Treasurer of State for the 7,188
purpose of paying principal and interest on bonds or notes issued 7,189
by the Ohio Public Facilities Commission, the Ohio Building 7,190
Authority, or the Treasurer of State pursuant to the Ohio 7,191
Constitution and acts of the General Assembly. If it is 7,192
determined that additional appropriations are necessary for this 7,193
purpose, such amounts are hereby appropriated. 7,194
Section 10. The Legislative Budget Office of the 7,196
Legislative Service Commission shall conduct a study to determine 7,197
the need for additional resources to meet local construction and 7,198
maintenance needs for highways, bridges, and mass transit. The 7,199
study shall identify possible alternative sources of revenue that 7,200
could be imposed by local governments, or imposed by the state 7,201
and distributed to local governments. The study also shall 7,202
consider whether and how the state's allocation of funds to local 7,203
projects could be done in ways more responsive to local needs and 7,205
local variations in the condition of highways, bridges, and mass 7,206
transit systems. The Legislative Budget Office shall submit a 7,208
report setting forth the results of its study to the General 7,209
Assembly on or before July 1, 2000.
Section 11. (A) Not later than 90 days after the 7,211
165
effective date of section 5525.25 of the Revised Code, the 7,212
Director of Transportation shall report to the Controlling Board 7,213
on the Department of Transportation's comprehensive 7,214
implementation plan for warranties. The report shall include the 7,215
following:
(1) The number and type of projects to be bid meeting the 7,217
requirements of divisions (A) and (B) of that section; 7,218
(2) An investigation of alternative warranty contracting 7,220
options, including incentives, different bidding methods, and 7,221
implementation of new technologies, construction techniques, and 7,222
materials to prolong pavement life considering such factors as 7,223
density, smoothness, and segregation; 7,224
(3) Development of a surface warranty for all pavement 7,226
projects on interstate highways and multi-lane, fully 7,227
controlled-access highways under jurisdiction of the director. 7,228
The surface warranty shall warrant only against common pavement 7,229
distresses, including, but not limited to, delamination, 7,230
raveling, and rutting. The implementation plan must include a 7,231
schedule of introduction of the surface warranty into the 7,232
department's annual construction program so that all pavement 7,233
projects let by the department require the warranty not later 7,234
than June 30, 2001.
(B) Not later than December 31, 2000, the director shall 7,236
report to the General Assembly the department's findings on the 7,237
use of warranties, including comparisons of cost, techniques and 7,238
quality of warranted and nonwarranted items, and recommendations 7,239
for further use of warranties. 7,240
Section 12. The Department of Transportation, together 7,242
with a metropolitan planning organization the department selects, 7,243
shall study the travel inducement effects of a major highway 7,245
capacity expansion project, using state of the art methodologies, 7,246
and shall report its findings to the General Assembly by June 30, 7,247
2000. 7,248
Section 13. The Executive Director of the Ohio Rail 7,250
166
Development Commission shall review and evaluate information and 7,252
develop a report concerning the following topics: 7,254
(A) Grade separations and improvements needed to alleviate 7,256
safety problems and congestion in the state; 7,258
(B) How to develop a priority system to determine the 7,260
order in which those grade separations and improvements could be 7,262
made;
(C) Potential funding sources for the grade separation and 7,264
improvement projects; 7,265
(D) Statutory and regulatory changes that may be necessary 7,266
to maintain the public health and safety with regard to predicted 7,267
increases in rail transportation of hazardous materials in this 7,268
state. At the request of the Executive Director, the Deputy 7,269
Director of the Emergency Management Agency shall assist in this 7,270
aspect of the report. 7,271
The Executive Director shall submit the report to the 7,273
General Assembly on or before December 31, 1999. 7,274
Section 14. The General Assembly intends that the 7,276
additional money allocated to the Waterways Safety Fund for the 7,277
2000-2001 biennium by this act's amendment to section 5735.051 of 7,278
the Revised Code shall be expended one-third for improving 7,279
boating access, one-third for additional dredging, and one-third 7,280
for additional marine patrol and watercraft education activities. 7,281
Section 15. As used in this section, "Department of Public 7,283
Safety enforcement agent" has the same meaning as in section 7,284
145.01 of the Revised Code, as amended by this act. 7,285
Not later than ninety days after the effective date of this 7,287
section, each Department of Public Safety enforcement agent who 7,288
is a member of the Public Employees Retirement System and was not 7,289
immediately prior to the effective date of this section 7,290
designated as a liquor control investigator shall indicate to the 7,292
system, on a form supplied by the system, a choice of whether to 7,293
receive benefits under division (A) of section 145.33 of the 7,294
Revised Code or division (B) of that section.
167
Section 15.01. (A) On and after the effective date of 7,296
this section, whenever the Liquor Enforcement Unit, Food Stamp 7,297
Trafficking Unit, Food Stamp Fraud Unit, or Investigations Unit 7,298
of the Department of Public Safety is referred to or designated 7,300
in any statute, rule, contract, or other document, the reference 7,301
or designation shall be deemed to refer to the Investigative Unit 7,302
of the department, which is the name given under section 5502.13 7,303
of the Revised Code, as amended by this act, to the units 7,304
formerly known as the Liquor Enforcement Unit, Food Stamp 7,305
Trafficking Unit, Food Stamp Fraud Unit, and Investigation Unit 7,306
of the department.
(B) On and after the effective date of this section, 7,308
whenever the position of liquor control investigator or food 7,309
stamp trafficking agent is referred to or designated in any 7,310
statute, rule, contract, or other document, the reference or 7,311
designation shall be deemed to refer to the position of 7,312
enforcement agent, which is the name given under section 5502.14 7,313
of the Revised Code, as amended by this act, to the positions 7,314
formerly known as liquor control investigator or food stamp 7,315
trafficking agent.
(C) On the effective date of this section, any amounts in 7,317
the Liquor Enforcement Contraband, Forfeiture, and Other Fund and 7,318
in the Food Stamp Contraband, Forfeiture, and Other Fund shall be 7,319
transferred to the credit of the Department of Public Safety 7,320
Investigative Unit Contraband, Forfeiture, and Other Fund, which 7,321
is created under section 2933.43 of the Revised Code, as amended 7,322
by this act, and which takes the place of the Liquor Enforcement 7,323
Contraband, Forfeiture, and Other Fund and the Food Stamp 7,324
Contraband, Forfeiture, and Other Fund. 7,325
Section 16. That Section 3 of Am. Sub. S.B. 20 of the 7,327
120th General Assembly, as amended by Am. Sub. H.B. 215 of the 7,328
122nd General Assembly, be amended to read as follows: 7,329
"Sec. 3. (A) Not later than January 1, 1998, the 7,332
Registrar of Motor Vehicles shall adopt rules in accordance with 7,333
168
Chapter 119. of the Revised Code to establish a pilot program 7,334
requiring that persons randomly selected within the pilot program 7,335
according to a method developed by the Registrar be required to 7,337
verify the existence of proof of financial responsibility. Not 7,338
later than January 1, 2000, the Registrar shall adopt rules in 7,339
accordance with Chapter 119. of the Revised Code to establish a 7,340
permanent program requiring that persons randomly selected on a 7,342
statewide basis be required to verify the existence of proof of
financial responsibility. In adopting the rules, the Registrar 7,344
may consider relevant findings and recommendations of the Task 7,345
Force on the Enforcement of the Financial Responsibility Laws of 7,346
Ohio.
(B) THE RULES OF THE REGISTRAR FOR THE PILOT PROJECT SHALL 7,348
DO ALL OF THE FOLLOWING: 7,349
(1) ESTABLISH A THREE-STEP PROCESS FOR WRITTEN 7,351
NOTIFICATION TO THE OWNER OF A VEHICLE RANDOMLY SELECTED TO 7,352
SUBMIT PROOF OF FINANCIAL RESPONSIBILITY, WITH THE LAST 7,353
NOTIFICATION, WHEN NECESSARY FOR AN OWNER WHO FAILS TO RESPOND TO 7,354
THE PREVIOUS NOTICES, TO BE SENT BY CERTIFIED MAIL, RETURN 7,355
RECEIPT REQUESTED. IF THE SECOND NOTICE IS RETURNED AS NOT 7,357
DELIVERABLE, THE REGISTRAR SHALL MAKE REASONABLE EFFORTS TO
DETERMINE IF THE OWNER'S ADDRESS HAS CHANGED BEFORE SENDING THE 7,358
THIRD NOTICE.
(2) ALLOW AN ORDER OF THE REGISTRAR IMPOSING THE CIVIL 7,360
PENALTIES REQUIRED UNDER DIVISION (A)(2) OF SECTION 4509.101 OF 7,361
THE REVISED CODE TO BE ISSUED UPON THE FAILURE OF A VEHICLE OWNER 7,363
TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY IN RESPONSE TO THE 7,364
INITIAL NOTICE, BUT TO BE IMPLEMENTED IN REGARD TO OWNERS WHO 7,365
FAIL TO RESPOND ONLY AFTER THE OWNER HAS FAILED TO RESPOND TO THE 7,366
THIRD NOTICE SENT BY CERTIFIED MAIL OR THE CERTIFIED MAIL IS 7,367
RETURNED AS REFUSED OR NOT DELIVERABLE. 7,368
(3) REQUIRE THE REGISTRAR, WHEN RECORDING THE NECESSARY 7,370
INFORMATION FOR AN ORDER IMPOSING THE CIVIL PENALTIES REQUIRED 7,371
UNDER DIVISION (A)(2) OF SECTION 4509.101 OF THE REVISED CODE, TO 7,373
169
DISTINCTLY INDICATE THE TYPE OF SUSPENSION AND IMPOUNDMENT WHEN 7,374
THE SUSPENSION OF THE PERSON'S LICENSE AND THE IMPOUNDMENT OF THE 7,375
PERSON'S CERTIFICATE OF REGISTRATION AND LICENSE PLATES RESULTS 7,376
FROM A FAILURE TO RESPOND TO THE RANDOM VERIFICATION. 7,377
(4) ESTABLISH PROCEDURES FOR A PERSON TO PROVIDE PROOF OF 7,379
FINANCIAL RESPONSIBILITY AT THE OFFICE OF A DEPUTY REGISTRAR IF 7,380
THE OPERATING PRIVILEGES OR REGISTRATION RIGHTS OF THE PERSON ARE 7,381
SUSPENDED BECAUSE OF A FAILURE TO RESPOND TO A FINANCIAL 7,382
RESPONSIBILITY RANDOM VERIFICATION REQUEST. 7,383
(C) IF THE SUSPENSION OF A PERSON'S LICENSE AND THE 7,385
IMPOUNDMENT OF THE PERSON'S CERTIFICATE OF REGISTRATION AND 7,386
LICENSE PLATES RESULTS FROM A FAILURE TO RESPOND TO A RANDOM 7,387
VERIFICATION, THE REGISTRAR DISTINCTLY SHALL INDICATE THE TYPE OF 7,388
SUSPENSION AND IMPOUNDMENT WHEN PUTTING THE INFORMATION OF SUCH 7,389
AN ORDER INTO THE LAW ENFORCEMENT AUTOMATED DATA SYSTEM AND 7,390
RECORDING THE INFORMATION AS PART OF THE PERSON'S PERMANENT 7,391
RECORD."
Section 17. That existing Section 3 of Am. Sub. S.B. 20 of 7,393
the 120th General Assembly, as amended by Am. Sub. H.B. 215 of 7,394
the 122nd General Assembly, is hereby repealed. 7,395
Section 18. A task force to study the Bureau of Motor 7,397
Vehicles' existing method of random selection to verify financial 7,398
responsibility is hereby established. The task force shall study 7,399
the method and make recommendations on changes to the General 7,400
Assembly on or before June 1, 1999. The task force shall consist 7,401
of twelve members, including the Registrar of Motor Vehicles and 7,402
the Superintendent of Insurance. The Speaker of the House of 7,403
Representatives shall appoint five members of the House of 7,404
Representatives to the task force, no more than three of whom 7,405
shall be from the same political party as the Speaker. The 7,406
President of the Senate shall appoint five members of the Senate 7,407
to the task force, no more than three of whom shall be from the 7,408
same political party as the President. The Speaker and President 7,409
shall make their appointments within two weeks after the 7,410
170
effective date of this section, and shall jointly select the 7,411
chairperson of the task force. After making its recommendations 7,412
to the General Assembly, the task force shall cease to exist. 7,413
This section is not subject to the referendum. Therefore, 7,415
under Ohio Constitution, Article II, Section 1d and section 1.471 7,416
of the Revised Code, this section goes into immediate effect when 7,417
this act becomes law. 7,418
Section 19. There is hereby created the Task Force on 7,420
Motor Vehicle Titling, consisting of the Director of Public 7,421
Safety, the Registrar of Motor Vehicles, two members of the 7,423
Senate, both of whom shall be appointed by the President of the
Senate but only one of whom shall be of the same political party 7,424
as the President, two members of the House of Representatives, 7,425
both of whom shall be appointed by the Speaker of the House of 7,426
Representatives but only one of whom shall be of the same 7,427
political party as the Speaker, a representative of the Office of 7,428
the Attorney General designated by the Attorney General, a
representative of the Department of Taxation designated by the 7,429
Tax Commissioner, the president of the Ohio Clerks of Court 7,431
Association or the president's representative, the president of 7,432
the Ohio Automobile Dealers Association or the president's 7,434
representative, the president of the Ohio Auto Auction
Association or the president's representative, one person who 7,436
represents a company that is a member of the Ohio 7,437
Telecommunications Association and is appointed by the Governor, 7,438
one person who represents a company that is engaged in the 7,439
business of providing financing for the purchase or leasing of 7,440
motor vehicles and is appointed by the Governor, and two members 7,441
of the public at large who are appointed by the Governor. 7,442
The President, Speaker, and Governor shall make their 7,444
appointments, and the Tax Commissioner and Attorney General shall 7,446
each designate a representative, within two weeks after the 7,449
effective date of this section, and the President and Speaker
shall select jointly a chairperson of the Task Force from among 7,450
171
the four legislative members. 7,451
The Task Force shall evaluate the current state of 7,453
technology to determine whether the creation of an efficient, 7,454
integrated, and accurate system of delivering information 7,455
regarding ownership and other interests and related data and 7,457
information relating to motor vehicles, including the area of
motor vehicle titling, is feasible, and if so, a general estimate 7,459
of the costs involved in creating such a system. The Task Force 7,461
shall evaluate any recent advancements in the electronic transfer 7,462
of information that would make creation of such a system 7,463
possible. The Task Force shall make any recommendations 7,464
regarding actions that would need to be taken to create such a 7,466
system.
The Task Force shall submit its report, including its 7,468
evaluations and recommendations, to the Governor and the General 7,469
Assembly not later than one hundred eighty days after the 7,470
effective date of this section, and then the Task Force shall 7,472
cease to exist.
This section is not subject to the referendum. Therefore, 7,474
under Ohio Constitution, Article II, Section 1d and section 1.471 7,476
of the Revised Code, this section goes into immediate effect when 7,477
this act becomes law.
Section 20. A task force is hereby established consisting 7,479
of the following nine members: the Director of Public Safety; a 7,480
traffic safety professional appointed by the Director of Public 7,481
Safety; a representative of the insurance industry appointed by 7,482
the Director of Insurance; a law enforcement representative 7,483
appointed by the Buckeye State Sheriff's Association; a law 7,484
enforcement representative appointed by the Ohio Association of 7,485
Chiefs of Police; the Chairman and Ranking Minority Member of the 7,486
Senate Highways and Transportation Committee; and the Chairman 7,487
and Ranking Minority Member of the House Transportation and 7,488
Public Safety Committee. All appointments shall be made not 7,489
later than two weeks after the effective date of this section. 7,490
172
The Director of Public Safety shall be chairman of the task 7,491
force.
The task force shall study and report to the legislature on 7,493
the issue of driver inattention as a contributing factor to 7,494
traffic crashes. 7,495
The task force shall report its findings and 7,497
recommendations to the President and Minority Leader of the 7,498
Senate, and the Speaker and Minority Leader of the House of 7,499
Representatives, not later than June 1, 1999. 7,500
This section is not subject to the referendum. Therefore, 7,502
under the Ohio Constitution, Article II, Section 1d and section 7,503
1.471 of the Revised Code, it shall take immediate effect when 7,504
this act becomes law. 7,505
Section 21. Sections of the Revised Code contained within 7,508
the purview of Sections 1 and 2 of this act, and the items of law 7,509
of which the sections are composed, are subject to the 7,510
referendum. Therefore, under Ohio Constitution, Article II, 7,511
Section 1c and section 1.471 of the Revised Code, the sections of 7,512
the Revised Code contained within the purview of Sections 1 and 2 7,513
of this act, and the items of law of which the sections are 7,514
composed, take effect on the ninety-first day after this act is 7,515
filed with the Secretary of State. If, however, a referendum 7,516
petition is filed against any section of the Revised Code 7,517
contained within the purview of Sections 1 and 2 of this act, or 7,518
against any item of law contained in any such section, the 7,519
section or item, unless rejected at the referendum, takes effect 7,520
at the earliest time permitted by law. 7,521
Section 22. The repeal of section 5502.61 of the Revised 7,523
Code by Section 2 of this act is subject to the referendum. 7,525
Therefore, under Ohio Constitution, Article II, Section 1c and 7,526
section 1.471 of the Revised Code, the repeal takes effect on the 7,527
ninety-first day after this act is filed with the Secretary of 7,528
State. If, however, a referendum petition is filed against the 7,529
repeal, the repeal, unless rejected at the referendum, takes 7,530
173
effect at the earliest time permitted by law. 7,531
Section 23. The items in the uncodified sections of law 7,533
contained in this act that appropriate money for the current 7,534
expenses of state government, earmark this class of 7,535
appropriations, or depend for their implementation upon an 7,536
appropriation for the current expenses of state government are 7,537
not subject to the referendum. Therefore, under Ohio 7,538
Constitution, Article II, Section 1d and section 1.471 of the 7,539
Revised Code, these items go into immediate effect when this act 7,540
becomes law. 7,541
The items in the uncodified sections of law contained in 7,543
this act that appropriate money other than for the current 7,544
expenses of state government, earmark this class of 7,545
appropriations, or do not depend for their implementation upon an 7,546
appropriation for the current expenses of state government are 7,547
subject to the referendum. Therefore, under Ohio Constitution, 7,548
Article II, Section 1c and section 1.471 of the Revised Code, 7,549
these items take effect on the ninety-first day after this act is 7,550
filed with the Secretary of State. If, however, a referendum 7,551
petition is filed against such an item, the item, unless rejected 7,552
at the referendum, takes effect at the earliest time permitted by 7,553
law.
This section is not subject to the referendum. Therefore, 7,555
under Ohio Constitution, Article II, Section 1d and section 1.471 7,556
of the Revised Code, this section goes into immediate effect when 7,557
this act becomes law. 7,558
Section 24. Sections 15 and 15.01 of this act are subject 7,560
to the referendum. Therefore, under Ohio Constitution, Article 7,561
II, Section 1c and section 1.471 of the Revised Code, the 7,562
sections take effect on the ninety-first day after this act is 7,563
filed with the Secretary of State. If, however, a referendum
petition is filed against either section, the section, unless 7,564
rejected at the referendum, takes effect at the earliest time 7,565
permitted by law.
174
Section 25. If any item of law that constitutes the whole 7,567
or part of a codified or uncodified section of law contained in 7,568
this act, or if any application of any item of law that 7,569
constitutes the whole or part of a codified or uncodified section 7,570
of law contained in this act, is held invalid, the invalidity 7,571
does not affect other items of law or applications of items of
law that can be given effect without the invalid item of law or 7,572
application. To this end, the items of law of which the codified 7,573
and uncodified sections contained in this act are composed, and 7,574
their applications, are independent and severable. 7,575
Section 26. Section 4509.101 of the Revised Code is 7,577
presented in this act as a composite of the section as amended by 7,578
both Am. Sub. H.B. 215 and Am. Sub. H.B. 261 of the 122nd General 7,579
Assembly, with the new language of neither of the acts shown in 7,581
capital letters. This is in recognition of the principle stated 7,582
in division (B) of section 1.52 of the Revised Code that such 7,583
amendments are to be harmonized where not substantively 7,584
irreconcilable and constitutes a legislative finding that such is 7,585
the resulting version in effect prior to the effective date of 7,586
this act.