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.