As Reported by the Senate Highways and Transportation Committee   1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 163    5            

      1999-2000                                                    6            


      REPRESENTATIVES CORE-DAMSCHRODER-THOMAS-HOOPS-KREBS-         8            

     MEAD-METZGER-MOTTLEY-O'BRIEN-PERZ-VESPER-BARRETT-BOYD-        9            

     JONES-D.MILLER-R.MILLER-OPFER-ROBERTS-SULLIVAN-WILSON-        10           

     CORBIN-EVANS-BARNES-ROMAN-ALLEN-WOMER BENJAMIN-PATTON-        12           

                    SENATORS OELSLAGER-LATTA                                    


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 109.71, 109.77, 145.01, 145.33,     17           

                306.42, 306.52, 319.54, 742.63, 2925.44, 2933.43,  18           

                2935.01, 4301.021, 4301.10, 4301.21, 4301.31,      19           

                4301.53, 4301.66, 4501.03, 4501.10, 4501.27,       21           

                4503.102, 4503.19, 4505.06, 4507.011, 4507.02,                  

                4509.101, 4561.021, 4561.20, 4561.341, 4563.01,    22           

                4906.10, 5501.03, 5501.04, 5501.07, 5502.01,       25           

                5502.13, 5502.14, 5502.16, 5502.17, 5502.18,                    

                5502.62, 5517.011, 5735.051, 5739.02, and          26           

                5741.02; to amend, for the purpose of adopting a   27           

                new section number as indicated in parentheses,    28           

                section 5502.62 (5502.19); to enact sections                    

                5301.234, 5512.10, and 5525.25; and to repeal      30           

                sections 4501.14 and 5502.61 of the Revised Code,  31           

                to amend Section 3 of Am. Sub. S.B. 20 of the                   

                120th General Assembly, as subsequently amended,   32           

                and to suspend until January 1, 2000, the          35           

                operation of sections 1548.01 and 1548.06 of the                

                Revised Code, as amended by Am. Sub. S.B. 187 of   36           

                the 122nd General Assembly, insofar as those                    

                sections subject watercraft less than fourteen     37           

                feet in length to Chapter 1548. of the Revised     39           

                Code, to make appropriations for programs related  41           

                to transportation and public safety for the        42           

                                                          2      


                                                                 
                biennium beginning July 1, 1999, and ending June   43           

                30, 2001, and to provide authorization and                      

                conditions for the operation of those programs;    44           

                and to maintain certain provisions of this act on  46           

                and after July 1, 1999, by amending the version    47           

                of section 4505.06 of the Revised Code that takes  48           

                effect on that date.                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        50           

      Section 1.  That sections 109.71, 109.77, 145.01, 145.33,    52           

306.42, 306.52, 319.54, 742.63, 2925.44, 2933.43, 2935.01,         55           

4301.021, 4301.10, 4301.21, 4301.31, 4301.53, 4301.66, 4501.03,                 

4501.10, 4501.27, 4503.102, 4503.19, 4505.06, 4507.011, 4507.02,   57           

4509.101, 4561.021, 4561.20, 4561.341, 4563.01, 4906.10, 5501.03,  60           

5501.04, 5501.07, 5502.01, 5502.13, 5502.14, 5502.16, 5502.17,     61           

5502.18, 5502.62, 5517.011, 5735.051, 5739.02, and 5741.02 be      62           

amended, section 5502.62 (5502.19) be amended for the purpose of   63           

adopting a new section number as indicated in parentheses, and     64           

sections 5301.234, 5512.10, and 5525.25 of the Revised Code be     65           

enacted to read as follows:                                        66           

      Sec. 109.71.  There is hereby created in the office of the   75           

attorney general the Ohio peace officer training commission.  The  76           

commission shall consist of nine members appointed by the          77           

governor with the advice and consent of the senate and selected    78           

as follows:  one member representing the public; two members who   79           

are incumbent sheriffs; two members who are incumbent chiefs of    80           

police; one member from the bureau of criminal identification and  81           

investigation; one member from the state highway patrol; one       82           

member who is the special agent in charge of a field office of     83           

the federal bureau of investigation in this state; and one member  84           

from the department of education, trade and industrial education   86           

services, law enforcement training.                                             

      As used in sections 109.71 to 109.77 of the Revised Code:    88           

                                                          3      


                                                                 
      (A)  "Peace officer" means:                                  90           

      (1)  A deputy sheriff, marshal, deputy marshal, member of    92           

the organized police department of a township or municipal         93           

corporation, member of a township police district or joint         94           

township police district police force, member of a police force    95           

employed by a metropolitan housing authority under division (D)    96           

of section 3735.31 of the Revised Code, or township constable,     97           

who is commissioned and employed as a peace officer by a           98           

political subdivision of this state or by a metropolitan housing   99           

authority, and whose primary duties are to preserve the peace, to  100          

protect life and property, and to enforce the laws of this state,  101          

ordinances of a municipal corporation, resolutions of a township,  102          

or regulations of a board of county commissioners or board of      103          

township trustees, or any such OF THOSE laws, ordinances,          104          

resolutions, or regulations;                                       105          

      (2)  A police officer who is employed by a railroad company  107          

and appointed and commissioned by the governor pursuant to         108          

sections 4973.17 to 4973.22 of the Revised Code;                   109          

      (3)  Employees of the department of taxation engaged in the  111          

enforcement of Chapter 5743. of the Revised Code and designated    112          

by the tax commissioner for peace officer training for purposes    113          

of the delegation of investigation powers under section 5743.45    114          

of the Revised Code;                                               115          

      (4)  An undercover drug agent;                               117          

      (5)  Liquor control investigators ENFORCEMENT AGENTS of the  119          

department of public safety engaged in the enforcement of          121          

Chapters 4301. and 4303. WHOM THE DIRECTOR OF PUBLIC SAFETY        122          

DESIGNATES UNDER SECTION 5502.14 of the Revised Code;              123          

      (6)  An employee of the department of natural resources who  125          

is a natural resources law enforcement staff officer designated    126          

pursuant to section 1501.013, a park officer designated pursuant   127          

to section 1541.10, a forest officer designated pursuant to        130          

section 1503.29, a preserve officer designated pursuant to         131          

section 1517.10, a wildlife officer designated pursuant to         132          

                                                          4      


                                                                 
section 1531.13, or a state watercraft officer designated          133          

pursuant to section 1547.521 of the Revised Code;                  134          

      (7)  An employee of a park district who is designated        136          

pursuant to section 511.232 or 1545.13 of the Revised Code;        137          

      (8)  An employee of a conservancy district who is            139          

designated pursuant to section 6101.75 of the Revised Code;        140          

      (9)  A police officer who is employed by a hospital that     142          

employs and maintains its own proprietary police department or     143          

security department, and who is appointed and commissioned by the  144          

governor pursuant to sections 4973.17 to 4973.22 of the Revised    145          

Code;                                                              146          

      (10)  Ohio veterans' home police officers designated under   148          

section 5907.02 of the Revised Code;                               149          

      (11)  A police officer who is employed by a qualified        151          

nonprofit corporation police department pursuant to section        152          

1702.80 of the Revised Code;                                       153          

      (12)  A state university law enforcement officer appointed   155          

under section 3345.04 of the Revised Code or a person serving as   156          

a state university law enforcement officer on a permanent basis    157          

on June 19, 1978, who has been awarded a certificate by the        158          

executive director of the Ohio peace officer training council      159          

attesting to the person's satisfactory completion of an approved   160          

state, county, municipal, or department of natural resources       161          

peace officer basic training program;                                           

      (13)  A special police officer employed by the department    163          

of mental health pursuant to section 5119.14 of the Revised Code   164          

or the department of mental retardation and developmental          165          

disabilities pursuant to section 5123.13 of the Revised Code;      166          

      (14)  A member of a campus police department appointed       168          

under section 1713.50 of the Revised Code;                         169          

      (15)  A member of a police force employed by a regional      171          

transit authority under division (Y) of section 306.35 of the      172          

Revised Code;                                                                   

      (16)  Food stamp trafficking agents of the department of     174          

                                                          5      


                                                                 
public safety designated under section 5502.14 of the Revised      176          

Code;                                                                           

      (17)  Investigators appointed by the auditor of state        178          

pursuant to section 117.091 of the Revised Code and engaged in     180          

the enforcement of Chapter 117. of the Revised Code;               181          

      (18)(17)  A special police officer designated by the         183          

superintendent of the state highway patrol pursuant to section     185          

5503.09 of the Revised Code or a person who was serving as a       186          

special police officer pursuant to that section on a permanent     188          

basis on October 21, 1997, and who has been awarded a certificate  190          

by the executive director of the Ohio peace officer training       191          

commission attesting to the person's satisfactory completion of    192          

an approved state, county, municipal, or department of natural     193          

resources peace officer basic training program.                    194          

      (B)  "Undercover drug agent" has the same meaning as in      196          

division (B)(2) of section 109.79 of the Revised Code.             197          

      (C)  "Crisis intervention training" means training in the    199          

use of interpersonal and communication skills to most effectively  200          

and sensitively interview victims of rape.                         201          

      (D)  "Missing children" has the same meaning as in section   203          

2901.30 of the Revised Code.                                       204          

      Sec. 109.77.  (A)  As used in this section, "felony" has     213          

the same meaning as in section 109.511 of the Revised Code.        214          

      (B)(1)  Notwithstanding any general, special, or local law   217          

or charter to the contrary, and except as otherwise provided in    218          

this section, no person shall receive an original appointment on   219          

a permanent basis as any of the following unless the person        220          

previously has been awarded a certificate by the executive         221          

director of the Ohio peace officer training commission attesting   222          

to the person's satisfactory completion of an approved state,      223          

county, municipal, or department of natural resources peace        224          

officer basic training program:                                                 

      (a)  A peace officer of any county, township, municipal      226          

corporation, regional transit authority, or metropolitan housing   227          

                                                          6      


                                                                 
authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      229          

park officer, forest officer, preserve officer, wildlife officer,  231          

or state watercraft officer of the department of natural           232          

resources;                                                                      

      (c)  An employee of a park district under section 511.232    234          

or 1545.13 of the Revised Code;                                    235          

      (d)  An employee of a conservancy district who is            237          

designated pursuant to section 6101.75 of the Revised Code;        238          

      (e)  A state university law enforcement officer;             240          

      (f)  A special police officer employed by the department of  242          

mental health pursuant to section 5119.14 of the Revised Code or   243          

the department of mental retardation and developmental             244          

disabilities pursuant to section 5123.13 of the Revised Code;      245          

      (g)  A food stamp trafficking AN ENFORCEMENT agent of the    247          

department of public safety designated WHOM THE DIRECTOR OF        249          

PUBLIC SAFETY DESIGNATES under section 5502.14 of the Revised      250          

Code.                                                                           

      (2)  Every person who is appointed on a temporary basis or   252          

for a probationary term or on other than a permanent basis as any  253          

of the following shall forfeit the appointed position unless the   255          

person previously has completed satisfactorily or, within the      256          

time prescribed by rules adopted by the attorney general pursuant  257          

to section 109.74 of the Revised Code, satisfactorily completes a  258          

state, county, municipal, or department of natural resources       259          

peace officer basic training program for temporary or              260          

probationary officers and is awarded a certificate by the          261          

director attesting to the satisfactory completion of the program:  262          

      (a)  A peace officer of any county, township, municipal      264          

corporation, regional transit authority, or metropolitan housing   265          

authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      267          

park officer, forest officer, preserve officer, wildlife officer,  269          

or state watercraft officer of the department of natural           270          

                                                          7      


                                                                 
resources;                                                                      

      (c)  An employee of a park district under section 511.232    272          

or 1545.13 of the Revised Code;                                    273          

      (d)  An employee of a conservancy district who is            275          

designated pursuant to section 6101.75 of the Revised Code;        276          

      (e)  A special police officer employed by the department of  278          

mental health pursuant to section 5119.14 of the Revised Code or   279          

the department of mental retardation and developmental             280          

disabilities pursuant to section 5123.13 of the Revised Code;      281          

      (f)  A food stamp trafficking AN ENFORCEMENT agent of the    283          

department of public safety designated WHOM THE DIRECTOR OF        285          

PUBLIC SAFETY DESIGNATES under section 5502.14 of the Revised      286          

Code.                                                                           

      (3)  For purposes of division (B) of this section, a state,  288          

county, municipal, or department of natural resources peace        289          

officer basic training program, regardless of whether the program  290          

is to be completed by peace officers appointed on a permanent or   291          

temporary, probationary, or other nonpermanent basis, shall        292          

include at least fifteen hours of training in the handling of the  293          

offense of domestic violence, other types of domestic              294          

violence-related offenses and incidents, and protection orders     295          

and consent agreements issued or approved under section 2919.26    296          

or 3113.31 of the Revised Code and at least six hours of crisis    297          

intervention training.  The requirement to complete fifteen hours  298          

of training in the handling of the offense of domestic violence,   299          

other types of domestic violence-related offenses and incidents,   300          

and protection orders and consent agreements issued or approved    301          

under section 2919.26 or 3113.31 of the Revised Code does not      302          

apply to any person serving as a peace officer on March 27, 1979,  303          

and the requirement to complete six hours of training in crisis    304          

intervention does not apply to any person serving as a peace       305          

officer on April 4, 1985.  Any person who is serving as a peace    306          

officer on April 4, 1985, who terminates that employment after     307          

that date, and who subsequently is hired as a peace officer by     308          

                                                          8      


                                                                 
the same or another law enforcement agency shall complete the six  309          

hours of training in crisis intervention within the time           310          

prescribed by rules adopted by the attorney general pursuant to    311          

section 109.742 of the Revised Code.  No peace officer shall have  312          

employment as a peace officer terminated and then be reinstated    313          

with intent to circumvent this section.                            314          

      (4)  Division (B) of this section does not apply to any      316          

person serving on a permanent basis on March 28, 1985, as a park   317          

officer, forest officer, preserve officer, wildlife officer, or    318          

state watercraft officer of the department of natural resources    319          

or as an employee of a park district under section 511.232 or      320          

1545.13 of the Revised Code, to any person serving on a permanent  321          

basis on March 6, 1986, as an employee of a conservancy district   322          

designated pursuant to section 6101.75 of the Revised Code, to     323          

any person serving on a permanent basis on January 10, 1991, as a  324          

preserve officer of the department of natural resources, to any    326          

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

special police officer by the department of mental health          328          

pursuant to section 5119.14 of the Revised Code or by the          329          

department of mental retardation and developmental disabilities    330          

pursuant to section 5123.13 of the Revised Code, or to any person  331          

serving on a permanent basis on June 19, 1978, as a state          332          

university law enforcement officer pursuant to section 3345.04 of  333          

the Revised Code and who, immediately prior to June 19, 1978, was  334          

serving as a special police officer designated under authority of  335          

that section.                                                                   

      (5)  Division (B) of this section does not apply to any      337          

person who is appointed as a regional transit authority police     338          

officer pursuant to division (Y) of section 306.35 of the Revised  339          

Code if, on or before July 1, 1996, the person has completed       340          

satisfactorily an approved state, county, municipal, or            342          

department of natural resources peace officer basic training       343          

program and has been awarded a certificate by the executive                     

director of the Ohio peace officer training commission attesting   344          

                                                          9      


                                                                 
to the person's satisfactory completion of such an approved        345          

program and if, on July 1, 1996, the person is performing peace    346          

officer functions for a regional transit authority.                347          

      (C)  No person, after September 20, 1984, shall receive an   349          

original appointment on a permanent basis as a liquor control      350          

investigator or food stamp trafficking agent of the department of  351          

public safety, engaged in the enforcement of Chapters 4301. and    352          

4303. of the Revised Code, or as an Ohio veterans' home police     353          

officer designated under section 5907.02 of the Revised Code       356          

unless the person previously has been awarded a certificate by     357          

the executive director of the Ohio peace officer training                       

commission attesting to the person's satisfactory completion of    358          

an approved police officer basic training program.  Every person   359          

who is appointed on a temporary basis or for a probationary term   361          

or on other than a permanent basis as a liquor control             362          

investigator of the department of public safety, engaged in the    363          

enforcement of Chapters 4301. and 4303. of the Revised Code, or    364          

as an Ohio veterans' home police officer designated under section  365          

5907.02 of the Revised Code shall forfeit that position unless     366          

the person previously has completed satisfactorily or, within one  367          

year from the time of appointment, satisfactorily completes an     369          

approved police officer basic training program.                    370          

      No person, beginning on October 29, 1995, shall receive an   373          

original appointment on a permanent basis as a food stamp          374          

trafficking agent of the department of public safety authorized    375          

to enforce Chapter 5502. and sections 2913.46 and 5101.54 of the   377          

Revised Code and engaged in the enforcement of laws and rules                   

described in section 5502.14 of the Revised Code unless the        378          

person previously has been awarded a certificate by the executive  380          

director of the Ohio peace officer training commission attesting   381          

to the person's satisfactory completion of an approved police                   

officer basic training program.  Every person who is appointed on  383          

a temporary or for a probationary term or on other than a          384          

permanent basis as a food stamp trafficking agent shall forfeit    385          

                                                          10     


                                                                 
that position unless the person previously has completed           386          

satisfactorily, or within one year from the time of the            387          

appointment satisfactorily completes, an approved police officer   388          

basic training program.                                            389          

      (D)  No bailiff or deputy bailiff of a court of record of    391          

this state and no criminal investigator who is employed by the     392          

state public defender shall carry a firearm, as defined in         393          

section 2923.11 of the Revised Code, while on duty unless the      394          

bailiff, deputy bailiff, or criminal investigator has done or      396          

received one of the following:                                                  

      (1)  Has been awarded a certificate by the executive         398          

director of the Ohio peace officer training commission, which      399          

certificate attests to satisfactory completion of an approved      400          

state, county, or municipal basic training program for bailiffs    401          

and deputy bailiffs of courts of record and for criminal           402          

investigators employed by the state public defender that has been  403          

recommended by the Ohio peace officer training commission;         404          

      (2)  Has successfully completed a firearms training program  407          

approved by the Ohio peace officer training commission prior to    408          

employment as a bailiff, deputy bailiff, or criminal               409          

investigator;                                                                   

      (3)  Prior to June 6, 1986, was authorized to carry a        412          

firearm by the court that employed the bailiff or deputy bailiff   413          

or, in the case of a criminal investigator, by the state public    415          

defender and has received training in the use of firearms that     416          

the Ohio peace officer training commission determines is           417          

equivalent to the training that otherwise is required by division  418          

(D) of this section.                                               419          

      (E)(1)  Prior to awarding any certificate prescribed in      422          

this section, the executive director of the Ohio peace officer     423          

training commission shall request the person to whom the           424          

certificate is to be awarded to disclose, and the person shall     425          

disclose, any previous criminal conviction of or plea of guilty    426          

of that person to a felony.                                                     

                                                          11     


                                                                 
      (2)  Prior to the award by the executive director of the     429          

commission of any certificate prescribed in this section, the      430          

prospective employer of the person to whom the certificate is to   431          

be awarded or the commander of the peace officer training school   432          

attended by that person shall request the bureau of criminal                    

identification and investigation to conduct a criminal history     434          

records check on the person.  Upon receipt of the request, the     435          

bureau promptly shall conduct a criminal history records check on  436          

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

provide a copy of the criminal history records check to the        437          

prospective employer or peace officer training school commander    438          

that made the request. Upon receipt of the copy of the criminal    440          

history records check from the bureau, the prospective employer                 

or peace officer training school commander that made the request   441          

shall submit the copy to the executive director of the Ohio peace  443          

officer training commission.  The executive director shall not     444          

award any certificate prescribed in this section unless the        445          

executive director has received a copy of the criminal history                  

records check on the person to whom the certificate is to be       446          

awarded.                                                                        

      (3)  The executive director of the commission shall not      448          

award a certificate prescribed in this section to a person who     449          

has been convicted of or has pleaded guilty to a felony or who     450          

fails to disclose any previous criminal conviction of or plea of   451          

guilty to a felony as required under division (E)(1) of this       452          

section.                                                                        

      (4)  The executive director of the commission shall revoke   454          

the certificate awarded to a person as prescribed in this          455          

section, and that person shall forfeit all of the benefits         456          

derived from being certified as a peace officer under this         457          

section, if the person, prior to the award of the certificate,     458          

failed to disclose any previous criminal conviction of or plea of  459          

guilty to a felony as required under division (E)(1) of this       461          

section.                                                                        

                                                          12     


                                                                 
      (F)(1)  Regardless of whether the person has been awarded    463          

the certificate or has been classified as a peace officer prior    464          

to, on, or after the effective date of this amendment OCTOBER 16,  465          

1996, the executive director of the Ohio peace officer training    468          

commission shall revoke any certificate that has been awarded to   469          

a person as prescribed in this section if the person does either   470          

of the following:                                                               

      (a)  Pleads guilty to a felony committed on or after         472          

January 1, 1997.                                                   473          

      (b)  Pleads guilty to a misdemeanor committed on or after    476          

January 1, 1997, pursuant to a negotiated plea agreement as        477          

provided in division (D) of section 2929.29 of the Revised Code    478          

in which the person agrees to surrender the certificate awarded    480          

to the person under this section.                                  481          

      (2)  The executive director of the commission shall suspend  483          

any certificate that has been awarded to a person as prescribed    484          

in this section if the person is convicted, after trial, of a      485          

felony committed on or after January 1, 1997.  The executive       487          

director shall suspend the certificate pursuant to division        488          

(F)(2) of this section pending the outcome of an appeal by the     489          

person from that conviction to the highest court to which the      491          

appeal is taken or until the expiration of the period in which an  492          

appeal is required to be filed.  If the person files an appeal     493          

that results in that person's acquittal of the felony or           494          

conviction of a misdemeanor, or in the dismissal of the felony     495          

charge against that person, the executive director shall           496          

reinstate the certificate awarded to the person under this         497          

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

conviction of the felony and the conviction is upheld by the       499          

highest court to which the appeal is taken or if the person does   500          

not file a timely appeal, the executive director shall revoke the  501          

certificate awarded to the person under this section.              502          

      (G)(1)  If a person is awarded a certificate under this      505          

section and the certificate is revoked pursuant to division                     

                                                          13     


                                                                 
(E)(4) or (F) of this section, the person shall not be eligible    507          

to receive, at any time, a certificate attesting to the person's   508          

satisfactory completion of a peace officer basic training          509          

program.                                                                        

      (2)  The revocation or suspension of a certificate under     511          

division (E)(4) or (F) of this section shall be in accordance      512          

with Chapter 119. of the Revised Code.                             513          

      (H)(1)  A person who was employed as a peace officer of a    515          

county, township, or municipal corporation of the state on         516          

January 1, 1966, and who has completed at least sixteen years of   517          

full-time active service as such a peace officer may receive an    518          

original appointment on a permanent basis and serve as a peace     519          

officer of a county, township, or municipal corporation, or as a   520          

state university law enforcement officer, without complying with   521          

the requirements of division (B) of this section.                  522          

      (2)  Any person who held an appointment as a state highway   524          

trooper on January 1, 1966, may receive an original appointment    525          

on a permanent basis and serve as a peace officer of a county,     526          

township, or municipal corporation, or as a state university law   527          

enforcement officer, without complying with the requirements of    528          

division (B) of this section.                                      529          

      (I)  No person who is appointed as a peace officer of a      531          

county, township, or municipal corporation on or after April 9,    532          

1985, shall serve as a peace officer of that county, township, or  533          

municipal corporation unless the person has received training in   534          

the handling of missing children and child abuse and neglect       535          

cases from an approved state, county, township, or municipal       536          

police officer basic training program or receives the training     537          

within the time prescribed by rules adopted by the attorney        538          

general pursuant to section 109.741 of the Revised Code.           539          

      (J)  No part of any approved state, county, or municipal     541          

basic training program for bailiffs and deputy bailiffs of courts  542          

of record and no part of any approved state, county, or municipal  543          

basic training program for criminal investigators employed by the  544          

                                                          14     


                                                                 
state public defender shall be used as credit toward the           545          

completion by a peace officer of any part of the approved state,   546          

county, or municipal peace officer basic training program that     547          

the peace officer is required by this section to complete          548          

satisfactorily.                                                    549          

      (K)  This section does not apply to any member of the        551          

police department of a municipal corporation in an adjoining       552          

state serving in this state under a contract pursuant to section   553          

737.04 of the Revised Code.                                        554          

      Sec. 145.01.  As used in this chapter:                       563          

      (A)  "Public employee" means:                                565          

      (1)  Any person holding an office, not elective, under the   567          

state or any county, township, municipal corporation, park         568          

district, conservancy district, sanitary district, health          569          

district, metropolitan housing authority, state retirement board,  570          

Ohio historical society, public library, county law library,                    

union cemetery, joint hospital, institutional commissary, state    571          

university, or board, bureau, commission, council, committee,      572          

authority, or administrative body as the same are, or have been,   573          

created by action of the general assembly or by the legislative    574          

authority of any of the units of local government named in         575          

division (A)(1) of this section, or employed and paid in whole or  576          

in part by the state or any of the authorities named in division   577          

(A)(1) of this section in any capacity not covered by section      579          

742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.                       

      (2)  A person who is a member of the public employees        581          

retirement system and who continues to perform the same or         583          

similar duties under the direction of a contractor who has         584          

contracted to take over what before the date of the contract was   585          

a publicly operated function.  The governmental unit with which                 

the contract has been made shall be deemed the employer for the    586          

purposes of administering this chapter.                            587          

      (3)  Any person who is an employee of a public employer,     589          

notwithstanding that the person's compensation for that            590          

                                                          15     


                                                                 
employment is derived from funds of a person or entity other than  591          

the employer.  Credit for such service shall be included as total  592          

service credit, provided that the employee makes the payments      593          

required by this chapter, and the employer makes the payments                   

required by sections 145.48 and 145.51 of the Revised Code.        594          

      In all cases of doubt, the public employees retirement       596          

board shall determine whether any person is a public employee,     597          

and its decision is final.                                                      

      (B)  "Member" means any public employee, other than a        599          

public employee excluded or exempted from membership in the        600          

retirement system by section 145.03, 145.031, 145.032, 145.033,    601          

145.034, 145.035, or 145.38 of the Revised Code.  "Member"         602          

includes a PERS retirant who becomes a member under division                    

(C)(2) of section 145.38 of the Revised Code.  "Member" also       603          

includes a disability benefit recipient.                           604          

      (C)  "Head of the department" means the elective or          606          

appointive head of the several executive, judicial, and            607          

administrative departments, institutions, boards, and commissions  608          

of the state and local government as the same are created and      609          

defined by the laws of this state or, in case of a charter                      

government, by that charter.                                       610          

      (D)  "Employer" or "public employer" means the state or any  612          

county, township, municipal corporation, park district,            613          

conservancy district, sanitary district, health district,          614          

metropolitan housing authority, state retirement board, Ohio                    

historical society, public library, county law library, union      615          

cemetery, joint hospital, institutional commissary, state medical  616          

college, state university, or board, bureau, commission, council,  617          

committee, authority, or administrative body as the same are, or   618          

have been, created by action of the general assembly or by the     619          

legislative authority of any of the units of local government                   

named in this division not covered by section 3307.01 or 3309.01   620          

of the Revised Code.  In addition, "employer" means the employer   621          

of any public employee.                                                         

                                                          16     


                                                                 
      (E)  "Prior service" means all service as a public employee  623          

rendered before January 1, 1935, and all service as an employee    624          

of any employer who comes within the state teachers retirement     625          

system or of the school employees retirement system or of any      626          

other retirement system established under the laws of this state   627          

rendered prior to January 1, 1935, provided that if the employee                

claiming the service was employed in any capacity covered by that  628          

other system after that other system was established, credit for   629          

the service may be allowed by the public employees retirement      630          

system only when the employee has made payment, to be computed on  631          

the salary earned from the date of appointment to the date         632          

membership was established in the public employees retirement                   

system, at the rate in effect at the time of payment, and the      633          

employer has made payment of the corresponding full liability as   634          

provided by section 145.44 of the Revised Code.  "Prior service"   635          

also means all service credited for active duty with the armed     636          

forces of the United States as provided in section 145.30 of the   637          

Revised Code.                                                                   

      If an employee who has been granted prior service credit by  639          

the public employees retirement system for service rendered prior  640          

to January 1, 1935, as an employee of a board of education         641          

establishes, before retirement, one year or more of contributing   642          

service in the state teachers retirement system or school          643          

employees retirement system, then the prior service ceases to be                

the liability of this system.                                      644          

      If the board determines that a position of any member in     646          

any calendar year prior to January 1, 1935, was a part-time        647          

position, the board shall determine what fractional part of a      648          

year's credit shall be allowed by the following formula:           649          

      (1)  When the member has been either elected or appointed    651          

to an office the term of which was two or more years and for       652          

which an annual salary is established, the fractional part of the  653          

year's credit shall be computed as follows:                        654          

      First, when the member's annual salary is one thousand       656          

                                                          17     


                                                                 
dollars or less, the service credit for each such calendar year    657          

shall be forty per cent of a year.                                              

      Second, for each full one hundred dollars of annual salary   659          

above one thousand dollars, the member's service credit for each   660          

such calendar year shall be increased by two and one-half per      661          

cent.                                                                           

      (2)  When the member is paid on a per diem basis, the        663          

service credit for any single year of the service shall be         664          

determined by using the number of days of service for which the    665          

compensation was received in any such year as a numerator and      666          

using two hundred fifty days as a denominator.                                  

      (3)  When the member is paid on an hourly basis, the         668          

service credit for any single year of the service shall be         669          

determined by using the number of hours of service for which the   670          

compensation was received in any such year as a numerator and      671          

using two thousand hours as a denominator.                                      

      (F)  "Contributor" means any person who has an account in    673          

the employees' savings fund created by section 145.23 of the       674          

Revised Code.                                                                   

      (G)  "Beneficiary" or "beneficiaries" means the estate or a  676          

person or persons who, as the result of the death of a member,     677          

contributor, or retirant, qualify for or are receiving some right  678          

or benefit under this chapter.                                                  

      (H)(1)  "Total service credit," except as provided in        680          

section 145.37 of the Revised Code, means all service credited to  681          

a member of the retirement system since last becoming a member,    682          

including restored service credit as provided by section 145.31    683          

of the Revised Code; credit purchased under sections 145.293 and   684          

145.299 of the Revised Code; all the member's prior service                     

credit; all the member's military service credit computed as       685          

provided in this chapter; all service credit established pursuant  686          

to section 145.297 of the Revised Code; and any other service      687          

credited under this chapter.  In addition, "total service credit"  688          

includes any period, not in excess of three years, during which a  689          

                                                          18     


                                                                 
member was out of service and receiving benefits under Chapters                 

4121. and 4123. of the Revised Code.  For the exclusive purpose    690          

of satisfying the service credit requirement and of determining    691          

eligibility for benefits under sections 145.32, 145.33, 145.331,   692          

145.35, 145.36, and 145.361 of the Revised Code, "five or more     693          

years of total service credit" means sixty or more calendar        694          

months of contributing service in this system.                                  

      (2)  "One and one-half years of contributing service         696          

credit," as used in division (B) of section 145.45 of the Revised  697          

Code, also means eighteen or more calendar months of employment    698          

by a municipal corporation that formerly operated its own          699          

retirement plan for its employees or a part of its employees,      700          

provided that all employees of that municipal retirement plan who  701          

have eighteen or more months of such employment, upon              702          

establishing membership in the public employees retirement         703          

system, shall make a payment of the contributions they would have  704          

paid had they been members of this system for the eighteen months  705          

of employment preceding the date membership was established.       706          

When that payment has been made by all such employee members, a    708          

corresponding payment shall be paid into the employers'            709          

accumulation fund by that municipal corporation as the employer    710          

of the employees.                                                  711          

      (3)  Where a member also is a member of the state teachers   713          

retirement system or the school employees retirement system, or    714          

both, except in cases of retirement on a combined basis pursuant   715          

to section 145.37 of the Revised Code, service credit for any      716          

period shall be credited on the basis of the ratio that                         

contributions to the public employees retirement system bear to    718          

total contributions in all state retirement systems.               719          

      (4)  Not more than one year of credit may be given for any   721          

period of twelve months.                                           722          

      (5)  "Ohio service credit" means credit for service that     724          

was rendered to the state or any of its political subdivisions or  725          

any employer.                                                                   

                                                          19     


                                                                 
      (I)  "Regular or current interest" means interest at any     727          

rates for the respective funds and accounts as the public          728          

employees retirement board may determine from time to time,        729          

except as follows:                                                              

      (1)  Subsequent to December 31, 1958, the retirement board   731          

shall discontinue the annual crediting of current interest to the  732          

individual accounts of contributors.  The noncrediting of current  733          

interest shall not affect the rate of interest at retirement       734          

guaranteed under division (I) of this section.                     735          

      (2)  The rate of interest credited on a contributor's        737          

contributions at retirement shall be four per cent per annum,      738          

compounded annually, to and including December 31, 1955; three     739          

per cent per annum, compounded annually, from January 1, 1956, to  740          

and including December 31, 1963; three and one-quarter per cent    741          

per annum, compounded annually, from January 1, 1964, to and       742          

including December 31, 1969; and thereafter four per cent per                   

annum, compounded annually.                                        743          

      In determining the reserve value for the purpose of          745          

computing the amount of the contributor's annuity, the rate of     746          

interest used in the annuity values shall be four per cent per     747          

annum, compounded annually, for contributors retiring before       748          

October 1, 1956, and after December 31, 1969; three per cent per   749          

annum, compounded annually, for contributors retiring between      751          

October 1, 1956, and December 31, 1963; and three and one-quarter  752          

per cent per annum, compounded annually, for contributors          753          

retiring from January 1, 1964, to December 31, 1969.  Interest on  754          

contributions from contributors within any one calendar year       755          

shall begin on the first day of the calendar year next following   756          

and shall be computed at the end of each calendar year, except in  757          

the case of a contributor who retires before the end of the year.  758          

      (J)  "Accumulated contributions" means the sum of all        760          

amounts credited to a contributor's individual account in the      761          

employees' savings fund together with any current interest         762          

thereon, but does not include the interest adjustment at           763          

                                                          20     


                                                                 
retirement.                                                        764          

      (K)(1)  "Final average salary" means the quotient obtained   766          

by dividing by three the sum of the three full calendar years of   767          

contributing service in which the member's earnable salary was     768          

highest, except that if the member has a partial year of           769          

contributing service in the year the member's employment           770          

terminates and the member's earnable salary for the partial year   771          

is higher than for any comparable period in the three years, the   772          

member's earnable salary for the partial year shall be             773          

substituted for the member's earnable salary for the comparable    774          

period during the three years in which the member's earnable       775          

salary was lowest.                                                              

      (2)  If a member has less than three years of contributing   777          

service, the member's final average salary shall be the member's   778          

total earnable salary divided by the total number of years,        779          

including any fraction of a year, of the member's contributing     780          

service.                                                                        

      (3)  For the purpose of calculating benefits payable to a    782          

member qualifying for service credit under division (Z) of this    783          

section, "final average salary" means the total earnable salary    784          

on which contributions were made divided by the total number of    785          

years during which contributions were made, including any          786          

fraction of a year.  If contributions were made for less than      787          

twelve months, "final average salary" means the member's total     788          

earnable salary.                                                   789          

      (L)  "Annuity" means payments for life derived from          791          

contributions made by a contributor and paid from the annuity and  792          

pension reserve fund as provided in this chapter.  All annuities   793          

shall be paid in twelve equal monthly installments.                794          

      (M)  "Annuity reserve" means the present value, computed     796          

upon the basis of the mortality and other tables adopted by the    797          

board, of all payments to be made on account of any annuity, or    798          

benefit in lieu of any annuity, granted to a retirant as provided  799          

in this chapter.                                                                

                                                          21     


                                                                 
      (N)(1)  "Disability retirement" means retirement as          801          

provided in section 145.36 of the Revised Code.                    802          

      (2)  "Disability allowance" means an allowance paid on       804          

account of disability under section 145.361 of the Revised Code.   805          

      (3)  "Disability benefit" means a benefit paid as            807          

disability retirement under section 145.36 of the Revised Code,    808          

as a disability allowance under section 145.361 of the Revised     809          

Code, or as a disability benefit under section 145.37 of the       810          

Revised Code.                                                                   

      (4)  "Disability benefit recipient" means a member who is    812          

receiving a disability benefit.                                    813          

      (O)  "Age and service retirement" means retirement as        815          

provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and  816          

145.46 of the Revised Code.                                                     

      (P)  "Pensions" means annual payments for life derived from  818          

contributions made by the employer that at the time of retirement  819          

are credited into the annuity and pension reserve fund from the    820          

employers' accumulation fund and paid from the annuity and         821          

pension reserve fund as provided in this chapter.  All pensions    822          

shall be paid in twelve equal monthly installments.                             

      (Q)  "Retirement allowance" means the pension plus that      824          

portion of the benefit derived from contributions made by the      825          

member.                                                                         

      (R)(1)  Except as otherwise provided in division (R) of      828          

this section, "earnable salary" means all salary, wages, and       829          

other earnings paid to a contributor by reason of employment in a  830          

position covered by the retirement system.  The salary, wages,                  

and other earnings shall be determined prior to determination of   831          

the amount required to be contributed to the employees' savings    832          

fund under section 145.47 of the Revised Code and without regard   833          

to whether any of the salary, wages, or other earnings are         834          

treated as deferred income for federal income tax purposes.        835          

"Earnable salary" includes the following:                                       

      (a)  Payments made by the employer in lieu of salary,        837          

                                                          22     


                                                                 
wages, or other earnings for sick leave, personal leave, or        838          

vacation used by the contributor;                                               

      (b)  Payments made by the employer for the conversion of     840          

sick leave, personal leave, and vacation leave accrued, but not    841          

used if the payment is made during the year in which the leave is  843          

accrued, except that payments made pursuant to section 124.383 or  844          

124.386 of the Revised Code are not earnable salary;                            

      (c)  Allowances paid by the employer for full maintenance,   846          

consisting of housing, laundry, and meals, as certified to the     847          

retirement board by the employer or the head of the department     848          

that employs the contributor;                                                   

      (d)  Fees and commissions paid under section 507.09 of the   850          

Revised Code;                                                                   

      (e)  Payments that are made under a disability leave         852          

program sponsored by the employer and for which the employer is    853          

required by section 145.296 of the Revised Code to make periodic   854          

employer and employee contributions;                                            

      (f)  Amounts included pursuant to divisions (K)(3) and (Y)   856          

of this section.                                                                

      (2)  "Earnable salary" does not include any of the           858          

following:                                                                      

      (a)  Fees and commissions, other than those paid under       860          

section 507.09 of the Revised Code, paid as sole compensation for  861          

personal services and fees and commissions for special services    862          

over and above services for which the contributor receives a       863          

salary;                                                                         

      (b)  Amounts paid by the employer to provide life            865          

insurance, sickness, accident, endowment, health, medical,         866          

hospital, dental, or surgical coverage, or other insurance for     867          

the contributor or the contributor's family, or amounts paid by    868          

the employer to the contributor in lieu of providing the                        

insurance;                                                                      

      (c)  Incidental benefits, including lodging, food, laundry,  870          

parking, or services furnished by the employer, or use of the      871          

                                                          23     


                                                                 
employer's property or equipment, or amounts paid by the employer  872          

to the contributor in lieu of providing the incidental benefits;   873          

      (d)  Reimbursement for job-related expenses authorized by    875          

the employer, including moving and travel expenses and expenses    876          

related to professional development;                               877          

      (e)  Payments for accrued, but unused sick leave, personal   879          

leave, or vacation that are made at any time other than in the     881          

year in which the sick leave, personal leave, or vacation was      882          

accrued;                                                                        

      (f)  Payments made to or on behalf of a contributor that     884          

are in excess of the annual compensation that may be taken into    885          

account by the retirement system under division (a)(17) of         886          

section 401 of the "Internal Revenue Code of 1986," 100 Stat.      887          

2085, 26 U.S.C.A. 401(a)(17), as amended;                                       

      (g)  Payments made under division (B) or (D) of section      889          

5923.05 of the Revised Code or Section 4 of Substitute Senate      890          

Bill No. 3 of the 119th general assembly;                          891          

      (h)  Anything of value received by the contributor that is   893          

based on or attributable to retirement or an agreement to retire,  894          

except that payments made on or before January 1, 1989, that are   895          

based on or attributable to an agreement to retire shall be        896          

included in earnable salary if both of the following apply:        897          

      (i)  The payments are made in accordance with contract       899          

provisions that were in effect prior to January 1, 1986;           900          

      (ii)  The employer pays the retirement system an amount      902          

specified by the retirement board equal to the additional          903          

liability resulting from the payments.                             904          

      (3)  The retirement board shall determine by rule whether    906          

any compensation not enumerated in division (R) of this section    907          

is earnable salary, and its decision shall be final.               909          

      (S)  "Pension reserve" means the present value, computed     911          

upon the basis of the mortality and other tables adopted by the    912          

board, of all payments to be made on account of any retirement     913          

allowance or benefit in lieu of any retirement allowance, granted  914          

                                                          24     


                                                                 
to a member or beneficiary under this chapter.                                  

      (T)(1)  "Contributing service" means all service credited    916          

to a member of the system since January 1, 1935, for which         917          

contributions are made as required by sections 145.47, 145.48,     918          

and 145.483 of the Revised Code.  In any year subsequent to 1934,  919          

credit for any service shall be allowed by the following formula:  920          

      (a)  For each month for which the member's earnable salary   922          

is two hundred fifty dollars or more, allow one month's credit.    923          

      (b)  For each month for which the member's earnable salary   925          

is less than two hundred fifty dollars, allow a fraction of a      926          

month's credit.  The numerator of this fraction shall be the       927          

earnable salary during the month, and the denominator shall be     928          

two hundred fifty dollars, except that if the member's annual      929          

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  930          

calendar year of employment during which the member worked each    931          

month.  Division (T)(1)(b) of this section shall not reduce any    933          

credit earned before January 1, 1985.                                           

      (2)  Notwithstanding division (T)(1) of this section, an     935          

elected official who prior to January 1, 1980, was granted a full  936          

year of credit for each year of service as an elected official     937          

shall be considered to have earned a full year of credit for each  938          

year of service regardless of whether the service was full-time    939          

or part-time.  The public employees retirement board has no                     

authority to reduce the credit.                                    940          

      (U)  "State retirement board" means the public employees     942          

retirement board, the school employees retirement board, or the    943          

state teachers retirement board.                                                

      (V)  "Retirant" means any former member who retires and is   945          

receiving a monthly allowance as provided in sections 145.32,      946          

145.33, 145.331, 145.34, and 145.46 of the Revised Code.           947          

      (W)  "Employer contribution" means the amount paid by an     949          

employer as determined by the employer rate including the normal   950          

and deficiency contribution rates.                                 951          

                                                          25     


                                                                 
      (X)  "Public service terminates" means the last day for      953          

which a public employee is compensated for services performed for  954          

an employer or the date of the employee's death, whichever occurs  955          

first.                                                                          

      (Y)  When a member has been elected or appointed to an       957          

office, the term of which is two or more years, for which an       958          

annual salary is established, and in the event that the salary of  959          

the office is increased and the member is denied the additional    960          

salary by reason of any constitutional provision prohibiting an                 

increase in salary during a term of office, the member may elect   961          

to have the amount of the member's contributions calculated upon   962          

the basis of the increased salary for the office.  At the          963          

member's request, the board shall compute the total additional     964          

amount the member would have contributed, or the amount by which   965          

each of the member's contributions would have increased, had the   966          

member received the increased salary for the office the member                  

holds.  If the member elects to have the amount by which the       967          

member's contribution would have increased withheld from the       968          

member's salary, the member shall notify the employer, and the     969          

employer shall make the withholding and transmit it to the                      

retirement system.  A member who has not elected to have that      970          

amount withheld may elect at any time to make a payment to the     971          

retirement system equal to the additional amount the member's      972          

contribution would have increased, plus interest on that           973          

contribution, compounded annually at a rate established by the     974          

board and computed from the date on which the last contribution                 

would have been withheld from the member's salary to the date of   975          

payment.  A member may make a payment for part of the period for   976          

which the increased contribution was not withheld, in which case   977          

the interest shall be computed from the date the last              978          

contribution would have been withheld for the period for which                  

the payment is made.  Upon the payment of the increased            979          

contributions as provided in this division, the increased annual   980          

salary as provided by law for the office for the period for which  981          

                                                          26     


                                                                 
the member paid increased contributions thereon shall be used in   982          

determining the member's earnable salary for the purpose of        983          

computing the member's final average salary.                                    

      (Z)  "Five years of service credit," for the exclusive       985          

purpose of satisfying the service credit requirements and of       986          

determining eligibility for benefits under section 145.33 of the   987          

Revised Code, means employment covered under this chapter or       988          

under a former retirement plan operated, recognized, or endorsed                

by the employer prior to coverage under this chapter or under a    989          

combination of the coverage.                                       991          

      (AA)  "Deputy sheriff" means any person who is commissioned  993          

and employed as a full-time peace officer by the sheriff of any    994          

county, and has been so employed since on or before December 31,   995          

1965, and whose primary duties are to preserve the peace, to       996          

protect life and property, and to enforce the laws of this state;  997          

any person who is or has been commissioned and employed as a                    

peace officer by the sheriff of any county since January 1, 1966,  998          

and who has received a certificate attesting to the person's       999          

satisfactory completion of the peace officer training school as    1,000        

required by section 109.77 of the Revised Code and whose primary   1,001        

duties are to preserve the peace, protect life and property, and   1,002        

enforce the laws of this state; or any person deputized by the                  

sheriff of any county and employed pursuant to section 2301.12 of  1,003        

the Revised Code as a criminal bailiff or court constable who has  1,004        

received a certificate attesting to the person's satisfactory      1,005        

completion of the peace officer training school as required by     1,006        

section 109.77 of the Revised Code and whose primary duties are    1,007        

to preserve the peace, protect life and property, and enforce the  1,008        

laws of this state.                                                             

      (BB)  "Township constable or police officer in a township    1,010        

police department or district" means any person who is             1,011        

commissioned and employed as a full-time peace officer pursuant    1,012        

to Chapter 505. or 509. of the Revised Code, who has received a    1,013        

certificate attesting to the person's satisfactory completion of                

                                                          27     


                                                                 
the peace officer training school as required by section 109.77    1,014        

of the Revised Code, and whose primary duties are to preserve the  1,015        

peace, protect life and property, and enforce the laws of this     1,016        

state.                                                                          

      (CC)  "Drug agent" means any person who is either of the     1,018        

following:                                                                      

      (1)  Employed full-time as a narcotics agent by a county     1,020        

narcotics agency created pursuant to section 307.15 of the         1,021        

Revised Code and has received a certificate attesting to the       1,022        

satisfactory completion of the peace officer training school as    1,023        

required by section 109.77 of the Revised Code;                                 

      (2)  Employed full-time as an undercover drug agent as       1,025        

defined in section 109.79 of the Revised Code and is in            1,026        

compliance with section 109.77 of the Revised Code.                1,027        

      (DD)  "Liquor control investigator DEPARTMENT OF PUBLIC      1,029        

SAFETY ENFORCEMENT AGENT" means a full-time employee of the        1,030        

department of public safety who is engaged in the enforcement of   1,031        

Chapters 4301. and 4303. DESIGNATED UNDER SECTION 5502.14 of the   1,032        

Revised Code AS AN ENFORCEMENT AGENT and WHO is in compliance      1,033        

with section 109.77 of the Revised Code.                           1,035        

      (EE)  "Natural resources law enforcement staff officer"      1,037        

means a full-time employee of the department of natural resources  1,038        

who is designated a natural resources law enforcement staff        1,039        

officer under section 1501.013 of the Revised Code and is in       1,042        

compliance with section 109.77 of the Revised Code.                             

      (FF)  "Park officer" means a full-time employee of the       1,044        

department of natural resources who is designated a park officer   1,046        

under section 1541.10 of the Revised Code and is in compliance     1,047        

with section 109.77 of the Revised Code.                                        

      (GG)  "Forest officer" means a full-time employee of the     1,049        

department of natural resources who is designated a forest         1,051        

officer under section 1503.29 of the Revised Code and is in        1,052        

compliance with section 109.77 of the Revised Code.                             

      (HH)  "Preserve officer" means a full-time employee of the   1,055        

                                                          28     


                                                                 
department of natural resources who is designated a preserve       1,056        

officer under section 1517.10 of the Revised Code and is in        1,058        

compliance with section 109.77 of the Revised Code.                1,060        

      (II)  "Wildlife officer" means a full-time employee of the   1,062        

department of natural resources who is designated a wildlife       1,064        

officer under section 1531.13 of the Revised Code and is in        1,065        

compliance with section 109.77 of the Revised Code.                1,066        

      (JJ)  "State watercraft officer" means a full-time employee  1,069        

of the department of natural resources who is designated a state   1,070        

watercraft officer under section 1547.521 of the Revised Code and  1,071        

is in compliance with section 109.77 of the Revised Code.          1,072        

      (KK)  "Park district police officer" means a full-time       1,074        

employee of a park district who is designated pursuant to section  1,076        

511.232 or 1545.13 of the Revised Code and is in compliance with   1,077        

section 109.77 of the Revised Code.                                             

      (LL)  "Conservancy district officer" means a full-time       1,079        

employee of a conservancy district who is designated pursuant to   1,081        

section 6101.75 of the Revised Code and is in compliance with      1,082        

section 109.77 of the Revised Code.                                             

      (MM)  "Municipal police officer" means a member of the       1,084        

organized police department of a municipal corporation who is      1,086        

employed full-time, is in compliance with section 109.77 of the    1,087        

Revised Code, and is not a member of the police and firemen's      1,088        

disability and pension fund.                                                    

      (NN)  "Ohio veterans' home police officer" means any person  1,091        

who is employed at the Ohio veterans' home as a police officer     1,092        

pursuant to section 5907.02 of the Revised Code and is in          1,093        

compliance with section 109.77 of the Revised Code.                             

      (OO)  "Special police officer for a mental health            1,095        

institution" means any person who is designated as such pursuant   1,097        

to section 5119.14 of the Revised Code and is in compliance with   1,098        

section 109.77 of the Revised Code.                                             

      (PP)  "Special police officer for an institution for the     1,100        

mentally retarded and developmentally disabled" means any person   1,102        

                                                          29     


                                                                 
who is designated as such pursuant to section 5123.13 of the       1,103        

Revised Code and is in compliance with section 109.77 of the       1,104        

Revised Code.                                                                   

      (QQ)  "State university law enforcement officer" means any   1,106        

person who is employed full-time as a state university law         1,108        

enforcement officer pursuant to section 3345.04 of the Revised     1,109        

Code and who is in compliance with section 109.77 of the Revised   1,110        

Code.                                                                           

      (RR)  "Hamilton county municipal court bailiff" means a      1,112        

person appointed by the clerk of courts of the Hamilton county     1,114        

municipal court under division (A)(3) of section 1901.32 of the    1,115        

Revised Code who is employed full-time as a bailiff or deputy      1,116        

bailiff, who has received a certificate attesting to the person's  1,117        

satisfactory completion of the peace officer training school as                 

required by division (C) of section 109.77 of the Revised Code,    1,118        

and whose primary duties are to preserve the peace, to protect     1,119        

life and property, and to enforce the laws of this state.          1,120        

      (SS)  Notwithstanding section 2901.01 of the Revised Code,   1,122        

"law enforcement officer" means a sheriff, deputy sheriff,         1,124        

township constable or police officer in a township police          1,125        

department or district, drug agent, liquor control investigator    1,126        

DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT, natural resources   1,127        

law enforcement staff officer, park officer, forest officer,       1,128        

preserve officer, wildlife officer, state watercraft officer,      1,130        

park district police officer, conservancy district officer, Ohio                

veterans' home police officer, special police officer for a        1,131        

mental health institution, special police officer for an           1,132        

institution for the mentally retarded and developmentally          1,133        

disabled, state university law enforcement officer, Hamilton       1,134        

county municipal court bailiff, or municipal police officer.                    

      (TT)  "Fiduciary" means a person who does any of the         1,136        

following:                                                         1,137        

      (1)  Exercises any discretionary authority or control with   1,139        

respect to the management of the system or with respect to the     1,140        

                                                          30     


                                                                 
management or disposition of its assets;                           1,141        

      (2)  Renders investment advice for a fee, direct or          1,143        

indirect, with respect to money or property of the system;         1,144        

      (3)  Has any discretionary authority or responsibility in    1,146        

the administration of the system.                                  1,147        

      (UU)  "Actuary" means an individual who satisfies all of     1,149        

the following requirements:                                        1,151        

      (1)  Is a member of the American academy of actuaries;       1,153        

      (2)  Is an associate or fellow of the society of actuaries;  1,155        

      (3)  Has a minimum of five years' experience in providing    1,157        

actuarial services to public retirement plans.                     1,158        

      Sec. 145.33.  (A)  Except as provided in division (B) of     1,167        

this section, a member with at least five years of total service   1,168        

credit who has attained age sixty, or who has thirty years of      1,170        

total Ohio service credit, may apply for age and service                        

retirement, which shall consist of:                                1,171        

      (1)  An annuity having a reserve equal to the amount of the  1,173        

member's accumulated contributions at that time;                   1,174        

      (2)  A pension equal to the annuity provided by division     1,176        

(A)(1) of this section;                                            1,177        

      (3)  An additional pension, if the member can qualify for    1,179        

prior service, equal to forty dollars multiplied by the number of  1,180        

years, and fraction thereof, of such prior and military service    1,181        

credit;                                                            1,182        

      (4)  A basic annual pension equal to one hundred eighty      1,184        

dollars if the member has ten or more years of total service       1,185        

credit as of October 1, 1956, except that the basic annual         1,186        

pension shall not exceed the sum of the annual benefits provided   1,187        

by divisions (A)(1), (2), and (3) of this section.  The cost of    1,188        

the basic annual pension shall be included in the deficiency       1,189        

contribution provided by sections 145.48 and 145.50 of the         1,190        

Revised Code.                                                      1,191        

      (5)  When a member retires on age and service retirement,    1,193        

the member's total annual single lifetime allowance, including     1,195        

                                                          31     


                                                                 
the allowances provided in divisions (A)(1), (2), (3), and (4) of  1,196        

this section, shall be not less than a base amount adjusted in     1,197        

accordance with division (A)(5) of this section and determined by  1,199        

multiplying the member's total service credit by the greater of    1,200        

the following:                                                                  

      (a)  Eighty-six dollars;                                     1,202        

      (b)  Two and one-tenth per cent of the member's final        1,204        

average salary for each of the first thirty years of service plus  1,206        

two and one-half per cent of the member's final average salary     1,207        

for each subsequent year of service.                               1,208        

      The allowance shall be adjusted by the factors of attained   1,210        

age or years of service to provide the greater amount as           1,211        

determined by the following schedule:                              1,212        

                            Years of              Percentage       1,214        

Attained         or       Total Service               of           1,215        

Birthday                     Credit              Base Amount       1,216        

   58                          25                     75           1,218        

   59                          26                     80           1,219        

   60                          27                     85           1,220        

   61                                                 88           1,221        

                               28                     90           1,222        

   62                                                 91           1,223        

   63                                                 94           1,224        

                               29                     95           1,225        

   64                                                 97           1,226        

   65                      30 or more                100           1,227        

      Members shall vest the right to a benefit in accordance      1,230        

with the following schedule, based on the member's attained age    1,231        

by September 1, 1976:                                              1,232        

                                          Percentage               1,234        

           Attained                           of                   1,235        

           Birthday                      Base Amount               1,236        

              66                             102                   1,237        

              67                             104                   1,238        

                                                          32     


                                                                 
              68                             106                   1,239        

              69                             108                   1,240        

          70 or more                         110                   1,241        

      (6)  The total annual single lifetime allowance that a       1,244        

member shall receive under division (A)(5) of this section shall   1,245        

not exceed the lesser of one hundred per cent of the member's      1,247        

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.   1,248        

415, as amended.                                                   1,249        

      (B)(1)  A member who has at least twenty-five years of       1,251        

total service credit, including credit for military service under  1,252        

division (C)(2) of this section, while serving as a law            1,254        

enforcement officer and who has attained age fifty-two may apply   1,255        

for an age and service retirement benefit, which shall consist of  1,257        

an annual single lifetime allowance equal to the sum of two and    1,258        

one-half per cent of the member's final average salary multiplied  1,259        

by the first twenty years of the member's total service plus two   1,260        

and one-tenth per cent of the member's final average salary        1,261        

multiplied by the number of years of the member's total service    1,262        

credit in excess of twenty years, except that no allowance shall   1,263        

exceed the lesser of ninety per cent of the member's final         1,264        

average salary or the limit established by section 415 of the      1,265        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,  1,266        

as amended.                                                                     

      (2)  A member who has at least fifteen years of total        1,268        

service credit, including credit for military service under        1,269        

division (C)(2) of this section, while serving as a law            1,271        

enforcement officer and has attained sixty-two years of age may                 

apply for an age and service retirement benefit, which shall       1,272        

consist of an annual single lifetime allowance computed as         1,273        

provided in division (B)(1) of this section.  The benefit shall    1,274        

not exceed the limit established by section 415 of the "Internal   1,275        

Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as         1,276        

amended.                                                           1,277        

                                                          33     


                                                                 
      (3)  A member with at least fifteen years of total service   1,279        

credit, including credit for military service under division       1,280        

(C)(2) of this section, while serving as a law enforcement         1,281        

officer who voluntarily resigns or is discharged for any reason    1,283        

except death, dishonesty, cowardice, intemperate habits, or        1,284        

conviction of a felony may apply for an age and service            1,285        

retirement benefit, which shall consist of an annual single        1,286        

lifetime allowance equal to one and one-half per cent of the       1,287        

member's final average salary multiplied by the number of years    1,288        

of the member's total service credit.  The benefit shall not       1,289        

exceed the limit established by section 415 of the "Internal       1,290        

Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as         1,291        

amended.  The allowance shall commence on the first day of the     1,292        

calendar month following the month in which the application is     1,293        

filed with the public employees retirement board on or after the   1,294        

attainment by the applicant of age fifty-two.                      1,295        

      (4)  A member who has at least twenty-five years of total    1,297        

service credit, including credit for military service under        1,298        

division (C)(2) of this section, while serving as a law            1,299        

enforcement officer who voluntarily resigns or is discharged for   1,300        

any reason except death, dishonesty, cowardice, intemperate        1,302        

habits, or conviction of a felony, on or after the date of         1,303        

attaining forty-eight years of age, but before the date of         1,304        

attaining fifty-two years of age, may elect to receive a reduced   1,305        

benefit as determined by the following schedule:                   1,306        

       Attained Age                 Reduced Benefit                1,308        

           48               75% of the benefit payable under       1,310        

                            division (B)(1) of this section        1,311        

           49               80% of the benefit payable under       1,312        

                            division (B)(1) of this section        1,313        

           50               86% of the benefit payable under       1,314        

                            division (B)(1) of this section        1,315        

           51               93% of the benefit payable under       1,316        

                            division (B)(1) of this section        1,317        

                                                          34     


                                                                 
      A member who has at least twenty-five years of law           1,320        

enforcement service credit, upon attaining forty-eight,            1,321        

forty-nine, fifty, or fifty-one years of age, may elect to retire  1,322        

and receive a reduced benefit determined by the above schedule.    1,323        

      If a member elects to receive a reduced benefit on or after  1,325        

the date of attaining forty-eight years of age, but before the     1,327        

date of attaining forty-nine years of age, the reduced benefit is  1,328        

payable from the date the member attained forty-eight years of     1,329        

age or from the date the member becomes eligible to receive the                 

reduced benefit, whichever is later.  If a member elects to        1,330        

receive a reduced benefit on or after the date of attaining        1,331        

forty-nine years of age, but before the date of attaining fifty    1,333        

years of age, the reduced benefit is payable from the date the     1,334        

member attained forty-nine years of age or from the date the       1,335        

member becomes eligible to receive the reduced benefit, whichever  1,336        

is later.  If a member elects to receive a reduced benefit on or   1,337        

after the date of attaining fifty years of age, but before the     1,338        

date of attaining fifty-one years of age, the reduced benefit is   1,339        

payable from the date the member attained fifty years of age or    1,340        

from the date the member becomes eligible to receive the reduced   1,341        

benefit, whichever is later.  If a member elects to receive a      1,342        

reduced benefit on or after the date of attaining fifty-one years  1,343        

of age, but before the date of attaining fifty-two years of age,   1,345        

the reduced benefit is payable from the date the member attained   1,346        

fifty-one years of age or from the date the member becomes         1,347        

eligible to receive the reduced benefit, whichever is later.       1,348        

      Once a member elects to receive a reduced benefit            1,350        

determined by the above schedule and has received a payment, the   1,351        

member may not reelect to change that election.                    1,352        

      If a member who has resigned or been discharged has left on  1,354        

deposit the member's accumulated contributions in the employees'   1,355        

savings fund and has not elected to receive a reduced benefit      1,356        

determined by the above schedule, upon attaining fifty-two years   1,358        

of age, the member shall be entitled to receive a benefit          1,359        

                                                          35     


                                                                 
computed and paid under division (B)(1) of this section.                        

      (C)(1)  A member with service credit as a law enforcement    1,361        

officer and other service credit under this chapter may elect one  1,363        

of the following:                                                  1,364        

      (a)  To have all the member's service credit under this      1,366        

chapter, including credit for service as a law enforcement         1,368        

officer, used in calculating a retirement allowance under          1,369        

division (A) of this section if the member qualifies for an        1,370        

allowance under that division;                                     1,371        

      (b)  If the member qualifies for an allowance under          1,373        

division (B) of this section, to have the member's service credit  1,374        

as a law enforcement officer used in calculating a benefit under   1,375        

that division and the member's credit for all service other than   1,376        

law enforcement service under this chapter used in calculating a   1,377        

benefit consisting of a single life annuity having a reserve       1,378        

equal to the amount of the member's accumulated contributions and  1,379        

an equal amount of the employer's contributions.                   1,380        

      (2)  Notwithstanding sections 145.01 and 145.30 of the       1,382        

Revised Code, no more than four years of military service credit   1,383        

granted under section 145.30 of the Revised Code and five years    1,384        

of military service credit purchased under section 145.301 or      1,385        

145.302 of the Revised Code shall be used in calculating service   1,386        

as a law enforcement officer or the total service credit of that   1,387        

person.                                                                         

      (3)  Only credit for the member's service as a law           1,389        

enforcement officer or service credit obtained as a police         1,390        

officer or state highway patrol trooper shall be used in           1,391        

computing the benefits under division (B) of this section for the  1,392        

following:                                                                      

      (a)  Any person who originally is commissioned and employed  1,394        

as a deputy sheriff by the sheriff of any county, or who           1,395        

originally is elected sheriff, on or after January 1, 1975;        1,396        

      (b)  Any deputy sheriff who originally is employed as a      1,398        

criminal bailiff or court constable on or after April 16, 1993;    1,399        

                                                          36     


                                                                 
      (c)  Any person who originally is appointed as a township    1,401        

constable or police officer in a township police department or     1,402        

district on or after January 1, 1981;                              1,403        

      (d)  Any person who originally is employed as a county       1,405        

narcotics agent on or after September 26, 1984;                    1,406        

      (e)  Any person who originally is employed as an undercover  1,408        

drug agent as defined in section 109.79 of the Revised Code,       1,409        

DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT WHO PRIOR TO THE     1,410        

EFFECTIVE DATE OF THIS AMENDMENT WAS A liquor control              1,411        

investigator, park officer, forest officer, wildlife officer,      1,412        

state watercraft officer, park district police officer,            1,414        

conservancy district officer, Ohio veterans' home police officer,  1,415        

special police officer for a mental health institution, special    1,416        

police officer for an institution for the mentally retarded and    1,418        

developmentally disabled, or municipal police officer on or after  1,419        

December 15, 1988;                                                              

      (f)  Any person who originally is employed as a state        1,421        

university law enforcement officer on or after November 6, 1996;   1,424        

      (g)  Any person who originally is employed as a Hamilton     1,426        

county municipal court bailiff on or after November 6, 1996;       1,428        

      (h)  Any person who is originally employed as a state        1,430        

university law enforcement officer by the university of Akron on   1,431        

or after September 16, 1998;                                       1,432        

      (i)  Any person who originally is employed as a preserve     1,433        

officer on or after the effective date of this amendment MARCH     1,434        

18, 1999;                                                          1,435        

      (j)  Any person who originally is employed as a natural      1,437        

resources law enforcement staff officer on or after the effective  1,438        

date of this amendment MARCH 18, 1999;                             1,439        

      (k)  ANY PERSON WHO IS ORIGINALLY EMPLOYED AS A DEPARTMENT   1,441        

OF PUBLIC SAFETY ENFORCEMENT AGENT ON OR AFTER THE EFFECTIVE DATE  1,442        

OF THIS AMENDMENT.                                                 1,443        

      (D)  Retirement allowances determined under this section     1,445        

shall be paid as provided in section 145.46 of the Revised Code.   1,446        

                                                          37     


                                                                 
      (E)  FOR THE PURPOSES OF THIS SECTION, SERVICE PRIOR TO THE  1,448        

EFFECTIVE DATE OF THIS AMENDMENT AS A FOOD STAMP TRAFFICKING       1,449        

AGENT UNDER FORMER SECTION 5502.14 OF THE REVISED CODE SHALL BE    1,450        

CONSIDERED SERVICE AS A LAW ENFORCEMENT OFFICER.                   1,451        

      Sec. 306.42.  (A)  The secretary-treasurer of the regional   1,460        

transit authority shall be the fiscal officer of the regional      1,462        

transit authority and the custodian of its funds and records and   1,463        

shall assist the board of directors in such particulars as it      1,464        

directs in the performance of its duties.                                       

      (B)  Before receiving any moneys, the secretary-treasurer    1,466        

shall furnish bond in such amount as is determined by the board    1,468        

of trustees of the regional transit authority with surety          1,469        

satisfactory to it.  EXCEPT AS PROVIDED IN DIVISION (C) OF THIS    1,470        

SECTION, and all funds coming into the hands of the                1,472        

secretary-treasurer shall be deposited by him THE                               

SECRETARY-TREASURER to the account of the regional transit         1,474        

authority in one or more such depositories as are qualified to     1,475        

receive deposits of county funds, which deposits shall be secured               

in the same manner as county funds are required to be secured.     1,476        

No disbursements shall be made from such funds except in           1,477        

accordance with rules and regulations adopted by the board of      1,478        

trustees of the regional transit authority.                                     

      (C)  FUNDS RECEIVED BY THE SECRETARY-TREASURER PURSUANT TO   1,480        

AN AGREEMENT UNDER DIVISION (AA) OF SECTION 306.35 OF THE REVISED  1,482        

CODE SHALL BE DEPOSITED TO AN ACCOUNT OF THE REGIONAL TRANSIT      1,484        

AUTHORITY AS DESIGNATED IN THE AGREEMENT AND SHALL BE INVESTED AS  1,486        

PROVIDED IN THE AGREEMENT.  SUCH FUNDS ARE NOT SUBJECT TO CHAPTER  1,487        

135. OF THE REVISED CODE.                                                       

      Sec. 306.52.  (A)  A regional transit authority created      1,496        

under sections 306.30 to 306.53, inclusive, of the Revised Code,   1,498        

shall be exempt from and shall not be required to pay any taxes    1,500        

on property, both real and personal, belonging to any such         1,501        

authority, which is used exclusively for any public purpose;                    

provided.  HOWEVER, EXCEPT AS PROVIDED IN DIVISION (B) OF THIS     1,503        

                                                          38     


                                                                 
SECTION, such exemption shall not apply to any property belonging               

to any authority while a private enterprise is a lessee of such    1,505        

property under written lease providing for tenancy for longer      1,506        

than one year.                                                                  

      (B)  THE PROPERTY TAX EXEMPTION UNDER THIS SECTION APPLIES   1,508        

TO A TRANSIT FACILITY THAT IS THE SUBJECT OF AN AGREEMENT UNDER    1,510        

DIVISION (AA) OF SECTION 306.35 OF THE REVISED CODE, SO LONG AS    1,512        

THE TRANSIT FACILITY IS USED BY THE REGIONAL TRANSIT AUTHORITY     1,513        

EXCLUSIVELY FOR A PUBLIC PURPOSE.                                               

      Sec. 319.54.  (A)  On all moneys collected by the county     1,522        

treasurer on any tax duplicate of the county, other than estate    1,523        

tax duplicates, and on all moneys received as advance payments of  1,524        

personal property and classified property taxes, the county        1,525        

auditor, on settlement with the treasurer and tax commissioner,    1,526        

on or before the date prescribed by law for such settlement or     1,527        

any lawful extension of such date, shall be allowed as             1,528        

compensation for the county auditor's services the following       1,529        

percentages:                                                       1,530        

      (1)  On the first one hundred thousand dollars, two and      1,532        

one-half per cent;                                                 1,533        

      (2)  On the next two million dollars, eight thousand three   1,535        

hundred eighteen ten-thousandths of one per cent;                  1,536        

      (3)  On the next two million dollars, six thousand six       1,538        

hundred fifty-five ten-thousandths of one per cent;                1,539        

      (4)  On all further sums, one thousand six hundred           1,541        

sixty-three ten-thousandths of one per cent.                       1,542        

      If any settlement is not made on or before the date          1,544        

prescribed by law for such settlement or any lawful extension of   1,545        

such date, the aggregate compensation allowed to the auditor       1,546        

shall be reduced one per cent for each day such settlement is      1,547        

delayed after the prescribed date.  No penalty shall apply if the  1,548        

auditor and treasurer grant all requests for advances up to        1,549        

ninety per cent of the settlement pursuant to section 321.34 of    1,550        

the Revised Code.  The compensation allowed in accordance with     1,551        

                                                          39     


                                                                 
this section on settlements made before the dates prescribed by    1,552        

law, or the reduced compensation allowed in accordance with this   1,553        

section on settlements made after the date prescribed by law or    1,554        

any lawful extension of such date, shall be apportioned ratably    1,555        

by the auditor and deducted from the shares or portions of the     1,556        

revenue payable to the state as well as to the county, townships,  1,557        

municipal corporations, and school districts.                      1,558        

      (B)  From all moneys collected by the county treasurer on    1,560        

any tax duplicate of the county, other than estate tax             1,561        

duplicates, and on all moneys received as advance payments of      1,562        

personal property and classified property taxes, there shall be    1,563        

paid into the county treasury to the credit of the real estate     1,564        

assessment fund created by section 325.31 of the Revised Code, an  1,565        

amount to be determined by the county auditor, which shall not     1,566        

exceed the following percentages:                                  1,567        

      (1)  On the first one hundred thousand dollars, three and    1,569        

one-half per cent;                                                 1,570        

      (2)  On the next three million dollars, one and              1,572        

three-eighths per cent;                                            1,573        

      (3)  On the next three million dollars, one per cent;        1,575        

      (4)  On all further sums not exceeding one hundred fifty     1,577        

million dollars, three-quarters of one per cent;                   1,578        

      (5)  On amounts exceeding one hundred fifty million          1,580        

dollars, six-tenths of one per cent.                               1,581        

      Such compensation shall be apportioned ratably by the        1,583        

auditor and deducted from the shares or portions of the revenue    1,584        

payable to the state as well as to the county, townships,          1,585        

municipal corporations, and school districts.                      1,586        

      (C)  Each county auditor shall receive four per cent of the  1,588        

amount of tax collected and paid into the county treasury, on      1,589        

property omitted and placed by the county auditor on the tax       1,590        

duplicate.                                                         1,591        

      (D)  On all estate tax moneys collected by the county        1,593        

treasurer, the county auditor, on settlement semiannually with     1,594        

                                                          40     


                                                                 
the tax commissioner, shall be allowed, as compensation for the    1,595        

auditor's services under Chapter 5731. of the Revised Code, the    1,597        

following percentages:                                             1,598        

      (1)  Four per cent on the first one hundred thousand         1,600        

dollars;                                                           1,601        

      (2)  One-half of one per cent on all additional sums.        1,603        

      Such percentages shall be computed upon the amount           1,605        

collected and reported at each semiannual settlement, and shall    1,606        

be for the use of the general fund of the county.                  1,607        

      (E)  On all cigarette license moneys collected by the        1,609        

county treasurer, the county auditor, on settlement semiannually   1,610        

with the treasurer, shall be allowed as compensation for the       1,611        

auditor's services in the issuing of such licenses one-half of     1,613        

one per cent of such moneys, to be apportioned ratably and         1,614        

deducted from the shares of the revenue payable to the county and  1,615        

subdivisions, for the use of the general fund of the county.       1,616        

      (F)  The county auditor shall charge and receive fees as     1,618        

follows:                                                           1,619        

      (1)  For deeds of land sold for taxes to be paid by the      1,621        

purchaser, five dollars;                                           1,622        

      (2)  For the transfer or entry of land, lot, or part of      1,624        

lot, to be paid by the person requiring it, fifty cents for each   1,625        

transfer;                                                          1,626        

      (3)  For receiving statements of value and administering     1,628        

section 319.202 of the Revised Code, one dollar, or ten cents per  1,629        

hundred dollars for each one hundred dollars, or fraction of one   1,630        

hundred dollars, whichever is greater, of the value of the real    1,632        

property transferred or, FOR SALES OCCURRING ON OR AFTER JANUARY   1,633        

1, 2000, THE VALUE OF the used manufactured home or used mobile    1,636        

home, as defined in division (B)(5)(A)(6) of section 5739.0210 of  1,637        

the Revised Code, transferred, except no fee shall be charged      1,639        

when the transfer is made:                                         1,640        

      (a)  To or from the United States, this state, or any        1,642        

instrumentality, agency, or political subdivision of the United    1,643        

                                                          41     


                                                                 
States or this state;                                              1,644        

      (b)  Solely in order to provide or release security for a    1,646        

debt or obligation;                                                1,647        

      (c)  To confirm or correct a deed previously executed and    1,649        

recorded;                                                          1,650        

      (d)  To evidence a gift, in trust or otherwise and whether   1,652        

revocable or irrevocable, between husband and wife, or parent and  1,653        

child or the spouse of either;                                     1,654        

      (e)  On sale for delinquent taxes or assessments;            1,656        

      (f)  Pursuant to court order, to the extent that such        1,658        

transfer is not the result of a sale effected or completed         1,659        

pursuant to such order;                                            1,660        

      (g)  Pursuant to a reorganization of corporations or         1,662        

unincorporated associations or pursuant to the dissolution of a    1,663        

corporation, to the extent that the corporation conveys the        1,664        

property to a stockholder as a distribution in kind of the         1,665        

corporation's assets in exchange for the stockholder's shares in   1,666        

the dissolved corporation;                                         1,667        

      (h)  By a subsidiary corporation to its parent corporation   1,669        

for no consideration, nominal consideration, or in sole            1,670        

consideration of the cancellation or surrender of the              1,671        

subsidiary's stock;                                                1,672        

      (i)  By lease, whether or not it extends to mineral or       1,674        

mineral rights, unless the lease is for a term of years renewable  1,675        

forever;                                                           1,676        

      (j)  When the value of the real property or the              1,678        

manufactured or mobile home or the value of the interest that is   1,680        

conveyed does not exceed one hundred dollars;                                   

      (k)  Of an occupied residential property, including a        1,682        

manufactured or mobile home, being transferred to the builder of   1,683        

a new residence or to the dealer of a new manufactured or mobile   1,684        

home when the former residence is traded as part of the            1,685        

consideration for the new residence or new manufactured or mobile  1,686        

home;                                                                           

                                                          42     


                                                                 
      (l)  To a grantee other than a dealer in real property or    1,688        

in manufactured or mobile homes, solely for the purpose of, and    1,689        

as a step in, the prompt sale of the real property or              1,690        

manufactured or mobile home to others;                                          

      (m)  To or from a person when no money or other valuable     1,692        

and tangible consideration readily convertible into money is paid  1,693        

or to be paid for the real estate or manufactured or mobile home   1,694        

and the transaction is not a gift;                                 1,696        

      (n)  Pursuant to division (B) of section 317.22 OF THE       1,698        

REVISED CODE, or to section 2113.61 of the Revised Code, between   1,700        

spouses or to a surviving spouse pursuant to section 5302.17 of    1,701        

the Revised Code as it existed prior to April 4, 1985, between     1,702        

persons pursuant to section 5302.17 or 5302.18 of the Revised      1,703        

Code on or after April 4, 1985, to a person who is a surviving,    1,704        

survivorship tenant pursuant to section 5302.17 of the Revised     1,705        

Code on or after April 4, 1985, or pursuant to section 5309.45 of  1,706        

the Revised Code;                                                               

      (o)  To a trustee acting on behalf of minor children of the  1,708        

deceased;                                                          1,709        

      (p)  Of an easement or right-of-way when the value of the    1,711        

interest conveyed does not exceed one thousand dollars;            1,712        

      (q)  Of property sold to a surviving spouse pursuant to      1,714        

section 2106.16 of the Revised Code;                               1,715        

      (r)  To or from an organization exempt from federal income   1,717        

taxation under section 501(c)(3) of the "Internal Revenue Code of  1,718        

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    1,719        

transfer is without consideration and is in furtherance of the     1,720        

charitable or public purposes of such organization;                1,721        

      (s)  Among the heirs at law or devisees, including a         1,723        

surviving spouse, of a common decedent, when no consideration in   1,724        

money is paid or to be paid for the real property or manufactured  1,725        

or mobile home;                                                    1,726        

      (t)  To a trustee of a trust, when the grantor of the trust  1,728        

has reserved an unlimited power to revoke the trust;               1,729        

                                                          43     


                                                                 
      (u)  To the grantor of a trust by a trustee of the trust,    1,731        

when the transfer is made to the grantor pursuant to the exercise  1,732        

of the grantor's power to revoke the trust or to withdraw trust    1,733        

assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  1,735        

the transfer from the grantor of the trust to the trustee or if    1,736        

the transfer is made pursuant to trust provisions which became     1,737        

irrevocable at the death of the grantor;                           1,738        

      (w)  To a corporation for incorporation into a sports        1,740        

facility constructed pursuant to section 307.696 of the Revised    1,741        

Code.                                                              1,742        

      The auditor shall compute and collect the fee.  The auditor  1,744        

shall maintain a numbered receipt system, as prescribed by the     1,745        

tax commissioner, and use such receipt system to provide a         1,746        

receipt to each person paying a fee.  The auditor shall deposit    1,747        

the receipts of the fees on conveyances in the county treasury     1,748        

daily to the credit of the general fund of the county.             1,749        

      The real property transfer fee provided for in division      1,751        

(F)(3) of this section shall be applicable to any conveyance of    1,752        

real property presented to the auditor on or after January 1,      1,753        

1968, regardless of its time of execution or delivery.             1,754        

      Sec. 742.63.  The board of trustees of the police and        1,763        

firemen's disability and pension fund shall adopt rules for the    1,765        

management of the firemen and policemen's death benefit fund and   1,767        

for disbursements of benefits as set forth in this section.        1,768        

      (A)  As used in this section:                                1,770        

      (1)  "Member" means a member of the police and firemen's     1,772        

disability and pension fund or the state highway patrol            1,773        

retirement system, or a member of the public employees retirement  1,774        

system who at the time of the member's death was a county sheriff  1,775        

or deputy sheriff, a full-time regular police officer in a         1,776        

municipal corporation or township, a full-time regular             1,777        

firefighter employed by the state, an instrumentality of the       1,779        

state, a municipal corporation, a township, a joint fire           1,780        

                                                          44     


                                                                 
district, or another political subdivision, a full-time park       1,781        

district ranger or patrol trooper, a full-time law enforcement     1,782        

officer of the department of natural resources, a full-time        1,783        

liquor control investigator of the department of public safety     1,784        

ENFORCEMENT AGENT, a full-time law enforcement officer of parks,   1,787        

waterway lands, or reservoir lands under the control of a          1,788        

municipal corporation, a full-time law enforcement officer of a                 

conservancy district, a correction officer at an institution       1,789        

under the control of a county, a group of counties, a municipal    1,790        

corporation, or the department of rehabilitation and correction,   1,791        

a state university law enforcement officer, or a member of a       1,792        

retirement system operated by a municipal corporation who at the   1,793        

time of death was a full-time law enforcement officer of parks,    1,795        

waterway lands, or reservoir lands under the control of the        1,796        

municipal corporation.                                                          

      (2)  Notwithstanding section 742.01 of the Revised Code,     1,798        

"fire or police department" includes a fire department of the      1,799        

state or an instrumentality of the state or of a municipal         1,800        

corporation, township, joint fire district, or other political     1,801        

subdivision, the state highway patrol, a county sheriff's office,  1,802        

the security force of an institution under the control of the      1,803        

department of rehabilitation and correction, the security force    1,804        

of a jail or workhouse under the control of a county, group of     1,805        

counties, or municipal corporation, the security force of a        1,806        

metropolitan, county, or township park district, the security      1,807        

force of lands under the control of the department of natural      1,808        

resources, the security force of liquor control investigators of   1,809        

the department of public safety ENFORCEMENT AGENTS, the security   1,810        

force of parks, waterway lands, or reservoir lands under the       1,812        

control of a municipal corporation, the security force of a        1,813        

conservancy district, the police department of a township or       1,814        

municipal corporation, and the police force of a state             1,815        

university.                                                                     

      (3)  "Firefighter or police officer" includes a state        1,818        

                                                          45     


                                                                 
highway patrol trooper, a county sheriff or deputy sheriff, a      1,819        

correction officer at an institution under the control of a        1,820        

county, a group of counties, a municipal corporation, or the       1,821        

department of rehabilitation and correction, a police officer      1,822        

employed by a township or municipal corporation, a firefighter     1,824        

employed by the state, an instrumentality of the state, a          1,826        

municipal corporation, a township, a joint fire district, or       1,827        

another political subdivision, a full-time park district ranger    1,828        

or patrol trooper, a full-time law enforcement officer of the      1,830        

department of natural resources, a full-time liquor control        1,831        

investigator of the department of public safety ENFORCEMENT        1,832        

AGENT, a full-time law enforcement officer of parks, waterway      1,833        

lands, or reservoir lands under the control of a municipal         1,834        

corporation, a full-time law enforcement officer of a conservancy  1,835        

district, and a state university law enforcement officer.          1,836        

      (4)  "Correction officer" includes, in addition to any       1,838        

correction officer, any correction corporal, sergeant,             1,839        

lieutenant, or captain, and the equivalents of all such persons.   1,840        

      (5)  "A park district ranger or patrol trooper" means a      1,843        

peace officer commissioned to make arrests, execute warrants, and  1,844        

preserve the peace upon lands under the control of a board of      1,845        

park commissioners of a metropolitan, county, or township park     1,846        

district.                                                          1,847        

      (6)  "Metropolitan, county, or township park district"       1,849        

means a park district created under the authority of Chapter 511.  1,850        

or 1545. of the Revised Code.                                      1,851        

      (7)  "Conservancy district" means a conservancy district     1,853        

created under the authority of Chapter 6101. of the Revised Code.  1,854        

      (8)  "Law enforcement officer" means an officer              1,856        

commissioned to make arrests, execute warrants, and preserve the   1,857        

peace upon lands under the control of the governmental entity      1,858        

granting the commission.                                           1,859        

      (9)  "Department of natural resources law enforcement        1,861        

officer" includes a forest officer designated pursuant to section  1,862        

                                                          46     


                                                                 
1503.29 of the Revised Code, a preserve officer designated         1,863        

pursuant to section 1517.10 of the Revised Code, a wildlife        1,864        

officer designated pursuant to section 1531.13 of the Revised      1,865        

Code, a park officer designated pursuant to section 1541.10 of     1,866        

the Revised Code, and a state watercraft officer designated        1,867        

pursuant to section 1547.521 of the Revised Code.                  1,868        

      (10)  "Retirement eligibility date" means the last day of    1,870        

the month in which a deceased member would have first become       1,871        

eligible, had the member lived, for the retirement pension         1,872        

provided under section 145.33, division (C)(1) of section 742.37,  1,873        

or division (A)(1) of section 5505.17 of the Revised Code or       1,874        

provided by a retirement system operated by a municipal            1,875        

corporation.                                                                    

      (11)  "Death benefit amount" means an amount equal to the    1,877        

full monthly salary received by a deceased member prior to death,  1,878        

minus an amount equal to the benefit received under section        1,879        

145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the    1,880        

benefit received from a retirement system operated by a municipal  1,881        

corporation, plus any increases in salary that would have been                  

granted the deceased member.                                       1,882        

      (12)  "Killed in the line of duty" means either of the       1,884        

following:                                                                      

      (a)  Death in the line of duty;                              1,886        

      (b)  Death from injury sustained in the line of duty,        1,889        

including heart attack or other fatal injury or illness caused                  

while in the line of duty.                                         1,890        

      (B)  A spouse of a deceased member shall receive a death     1,892        

benefit each month equal to the full death benefit amount,         1,893        

provided that the deceased member was a firefighter or police      1,894        

officer killed in the line of duty and there are no surviving      1,895        

children eligible for a benefit under this section.  The spouse    1,896        

shall receive this benefit during the spouse's natural life until  1,898        

the earlier of the deceased member's retirement eligibility date   1,899        

or the spouse's remarriage, on which date the benefit provided     1,900        

                                                          47     


                                                                 
under this division shall terminate.                                            

      (C)(1)  If a member killed in the line of duty as a          1,902        

firefighter or police officer is survived only by a child or       1,905        

children, the child or children shall receive a benefit each       1,906        

month equal to the full death benefit amount.  If there is more    1,907        

than one surviving child, the benefit shall be divided equally     1,909        

among these children.                                                           

      (2)  If the death benefit paid under this division is        1,911        

divided among two or more surviving children and any of the        1,912        

children become ineligible to continue receiving a portion of the  1,913        

benefit as provided in division (H) of this section, the full      1,914        

death benefit amount shall be paid to the remaining eligible       1,915        

child or divided among the eligible children so that the benefit                

paid to the remaining eligible child or children equals the full   1,916        

death benefit amount.                                              1,917        

      (3)  Notwithstanding divisions (C)(1) and (2) of this        1,920        

section, all death benefits paid under this division shall         1,921        

terminate on the deceased member's retirement eligibility date.    1,922        

      (D)  If a member killed in the line of duty as a             1,924        

firefighter or police officer is survived by both a spouse and a   1,925        

child or children, the monthly benefit provided shall be as        1,926        

follows:                                                           1,927        

      (1)(a)  If there is a surviving spouse and one surviving     1,929        

child, the spouse shall receive an amount each month equal to      1,931        

one-half of the full death benefit amount and the child shall      1,933        

receive an amount equal to one-half of the full death benefit      1,934        

amount.                                                                         

      (b)  If the surviving spouse becomes ineligible to continue  1,936        

receiving a death benefit due to remarriage or death, or the       1,937        

child becomes ineligible as provided in division (H) of this       1,938        

section, the surviving spouse or child remaining eligible shall    1,939        

receive the full death benefit amount.                             1,940        

      (2)(a)  If there is a surviving spouse and more than one     1,942        

child, the spouse shall receive an amount each month equal to      1,944        

                                                          48     


                                                                 
one-third of the full death benefit amount and the children shall  1,946        

receive an amount, equally divided among them, equal to            1,947        

two-thirds of the full death benefit amount.                                    

      (b)  If a spouse and more than one child each are receiving  1,949        

a death benefit under division (D)(2)(a) of this section and the   1,951        

spouse becomes ineligible to receive a benefit due to remarriage   1,952        

or death, the children shall receive an amount each month,                      

equally divided among them, equal to the full death benefit        1,953        

amount.                                                                         

      (c)  If a spouse and more than one child each are receiving  1,955        

a benefit under division (D)(2)(a) of this section and any of the  1,957        

children becomes ineligible to receive a benefit as provided in                 

division (H) of this section, the spouse and remaining eligible    1,958        

child or children shall receive a death benefit as follows:        1,959        

      (i)  If there are two or more remaining eligible children,   1,961        

the spouse shall receive an amount each month equal to one-third   1,962        

of the full death benefit amount and the children shall receive    1,963        

an amount each month, equally divided among them, equal to         1,964        

two-thirds of the full death benefit amount;                                    

      (ii)  If there is one remaining eligible child, the spouse   1,966        

shall receive an amount each month equal to one-half of the full   1,967        

death benefit amount, and the child shall receive an amount each   1,968        

month equal to one-half of the full death benefit amount.          1,969        

      (d)  If a spouse and more than one child each are receiving  1,971        

a benefit under division (D)(2)(a) of this section and all of the  1,973        

children become ineligible to receive a benefit as provided in                  

division (H) of this section, the spouse shall receive the full    1,974        

death benefit amount.                                              1,975        

      (3)  Notwithstanding divisions (D)(1) and (2) of this        1,977        

section, death benefits paid under this division to a surviving    1,978        

spouse shall terminate on the earlier of the member's retirement   1,980        

eligibility date or the spouse's remarriage.  Death benefits paid  1,981        

to a surviving child or children shall terminate on the deceased   1,982        

member's retirement eligibility date unless earlier terminated     1,983        

                                                          49     


                                                                 
pursuant to division (H) of this section.                          1,984        

      (E)  If a member, on or after January 1, 1980, is killed in  1,987        

the line of duty as a firefighter or police officer and is         1,988        

survived by only a parent or parents dependent upon the member     1,990        

for support, the parent or parents shall receive an amount each    1,992        

month equal to the full death benefit amount.  If there is more    1,994        

than one surviving parent dependent upon the deceased member for   1,995        

support, the death benefit amount shall be divided equally among   1,996        

the surviving parents.  On the death of one of the surviving       1,997        

parents, the full death benefit amount shall be paid to the other               

parent.                                                            1,998        

      (F)  A surviving spouse whose benefits are terminated in     2,000        

accordance with division (B) or (D)(3) of this section on the      2,001        

deceased member's retirement eligibility date, or who would        2,002        

qualify for a benefit under division (B) or (D) of this section    2,003        

except that the deceased member reached the member's retirement    2,004        

eligibility date prior to the member's death, shall receive a      2,005        

monthly death benefit under this division.  The monthly death      2,007        

benefit shall be one-half of an amount equal to the monthly        2,008        

salary received by the deceased member prior to the member's       2,009        

death, plus any salary increases the deceased member would have    2,011        

received prior to the member's retirement eligibility date.  The   2,013        

benefit shall terminate on the surviving spouse's remarriage or    2,014        

death.  A death benefit payable under this division shall be       2,016        

reduced by an amount equal to any allowance or benefit payable to  2,017        

the surviving spouse under section 742.3714 of the Revised Code.   2,018        

      (G)(1)  If there is not a surviving spouse eligible to       2,022        

receive a death benefit under division (F) of this section or the  2,023        

surviving spouse receiving a death benefit under that division     2,024        

becomes ineligible to receive the benefit due to remarriage or     2,025        

death, a surviving child or children whose benefits under          2,026        

division (C) or (D) of this section are or have been terminated    2,027        

pursuant to division (C)(3) or (D)(3) of this section or who       2,029        

would qualify for a benefit under division (C) or (D) of this      2,030        

                                                          50     


                                                                 
section except that the deceased member reached the member's                    

retirement eligibility date prior to the member's death shall      2,031        

receive a monthly death benefit under this division.  The monthly  2,032        

death benefit shall be one-half of an amount equal to the monthly  2,033        

salary received by the deceased member prior to the member's       2,034        

death, plus any salary increases the member would have received    2,036        

prior to the member's retirement eligibility date.  If there is    2,037        

more than one surviving child, the benefit shall be divided        2,038        

equally among the surviving children.                              2,039        

      (2)  If two or more surviving children each are receiving a  2,041        

benefit under this division and any of those children becomes      2,042        

ineligible to continue receiving a benefit as provided in          2,043        

division (H) of this section, the remaining eligible child or      2,044        

children shall receive an amount equal to one-half of the monthly  2,045        

salary received by the deceased member prior to death, plus any    2,046        

salary increases the deceased member would have received prior to  2,047        

the retirement eligibility date.  If there is more than one                     

remaining eligible child, the benefit shall be divided equally     2,048        

among the eligible children.                                       2,049        

      (3)  A death benefit, or portion of a death benefit,         2,051        

payable to a surviving child under this division shall be reduced  2,052        

by an amount equal to any allowance or benefit payable to that     2,053        

child under section 742.3714 of the Revised Code, but the          2,054        

reduction in that child's benefit shall not affect the amount      2,055        

payable to any other surviving child entitled to a portion of the  2,056        

death benefit.                                                                  

      (H)  A death benefit paid to a surviving child under         2,059        

division (C), (D), or (G) of this section shall terminate on the   2,060        

death of the child or, unless one of the following is the case,    2,061        

when the child reaches age eighteen:                                            

      (1)  The child, because of physical or mental disability,    2,063        

is unable to provide the child's own support, in which case the    2,064        

death benefit shall terminate when the disability is removed;      2,066        

      (2)  The child is unmarried, under age twenty-two, and a     2,068        

                                                          51     


                                                                 
student in and attending an institution of learning or training    2,069        

pursuant to a program designed to complete in each school year     2,070        

the equivalent of at least two-thirds of the full-time curriculum  2,071        

requirements of the institution, as determined by the trustees of  2,072        

the fund.                                                                       

      (I)  Acceptance of any death benefit under this section      2,074        

does not prohibit a spouse or child from receiving other benefits  2,075        

provided under the police and firemen's disability and pension     2,076        

fund, the state highway patrol retirement system, the public       2,077        

employees retirement system, or a retirement system operated by a  2,078        

municipal corporation.                                             2,079        

      (J)  No person shall receive a benefit under this section    2,081        

if any of the following occur:                                     2,082        

      (1)  The person fails to exercise the right to a monthly     2,084        

survivor benefit under division (A) or (B) of section 145.45,      2,085        

division (D), (E), or (F) of section 742.37, or division (A)(3),   2,086        

(4), or (7) of section 5505.17 of the Revised Code; to a monthly   2,087        

survivor benefit from a retirement system operated by a municipal  2,088        

corporation; or to a retirement allowance under section 742.3714   2,089        

of the Revised Code.                                               2,090        

      (2)  The member's accumulated contributions under this       2,092        

chapter or Chapter 145. or 5505. of the Revised Code are refunded  2,093        

unless the member had been a member of the public employees        2,094        

retirement system and had fewer than eighteen months of total      2,095        

service credit at the time of death.                               2,096        

      (3)  In the case of a full-time park district ranger or      2,098        

patrol trooper, a full-time law enforcement officer of the         2,100        

department of natural resources, a full-time law enforcement       2,101        

officer of parks, waterway lands, or reservoir lands under the     2,102        

control of a municipal corporation, a full-time law enforcement    2,103        

officer of a conservancy district, a correction officer at an      2,104        

institution under the control of a county, group of counties, or   2,105        

municipal corporation, or a member of a retirement system          2,106        

operated by a municipal corporation who at the time of the         2,107        

                                                          52     


                                                                 
member's death was a full-time law enforcement officer of parks,   2,109        

waterway lands, or reservoir lands under the control of the        2,110        

municipal corporation, the member died prior to April 9, 1981, in  2,111        

the case of a benefit under division (B), (C), or (D) of this      2,112        

section, or prior to January 1, 1980, in the case of a benefit     2,113        

under division (E) of this section.                                2,114        

      (4)  In the case of a full-time DEPARTMENT OF PUBLIC SAFETY  2,116        

ENFORCEMENT AGENT WHO PRIOR TO THE EFFECTIVE DATE OF THIS          2,117        

AMENDMENT WAS A liquor control investigator of the department of   2,119        

public safety, the member died prior to December 23, 1986;         2,120        

      (5)  IN THE CASE OF A FULL-TIME DEPARTMENT OF PUBLIC SAFETY  2,122        

ENFORCEMENT AGENT OTHER THAN AN ENFORCEMENT AGENT WHO, PRIOR TO    2,123        

THE EFFECTIVE DATE OF THIS AMENDMENT, WAS A LIQUOR CONTROL         2,124        

INVESTIGATOR, THE MEMBER DIED PRIOR TO THE EFFECTIVE DATE OF THIS  2,125        

AMENDMENT.                                                                      

      Sec. 2925.44.  (A)  If property is seized pursuant to        2,134        

section 2925.42 or 2925.43 of the Revised Code, it is deemed to    2,135        

be in the custody of the head of the law enforcement agency that   2,136        

seized it, and the head of that agency may do any of the           2,137        

following with respect to that property prior to its disposition   2,139        

in accordance with division (A)(4) or (B) of this section:         2,140        

      (1)  Place the property under seal;                          2,142        

      (2)  Remove the property to a place that the head of that    2,144        

agency designates;                                                 2,145        

      (3)  Request the issuance of a court order that requires     2,147        

any other appropriate municipal corporation, county, township,     2,148        

park district created pursuant to section 511.18 or 1545.01 of     2,150        

the Revised Code, or state law enforcement officer or other                     

officer to take custody of the property and, if practicable,       2,151        

remove it to an appropriate location for eventual disposition in   2,152        

accordance with division (B) of this section;                      2,153        

      (4)(a)  Seek forfeiture of the property pursuant to federal  2,155        

law.  If the head of that agency seeks its forfeiture pursuant to  2,156        

federal law, the law enforcement agency shall deposit, use, and    2,158        

                                                          53     


                                                                 
account for proceeds from a sale of the property upon its          2,159        

forfeiture, proceeds from another disposition of the property      2,160        

upon its forfeiture, or forfeited moneys it receives, in           2,161        

accordance with the applicable federal law and otherwise shall     2,162        

comply with that law.                                              2,163        

      (b)  If the state highway patrol seized the property and if  2,165        

the superintendent of the state highway patrol seeks its           2,166        

forfeiture pursuant to federal law, the appropriate governmental   2,167        

officials shall deposit into the state highway patrol contraband,  2,168        

forfeiture, and other fund all interest or other earnings derived  2,169        

from the investment of the proceeds from a sale of the property                 

upon its forfeiture, the proceeds from another disposition of the  2,170        

property upon its forfeiture, or the forfeited moneys.  The state  2,171        

highway patrol shall use and account for that interest or other    2,172        

earnings in accordance with the applicable federal law.            2,173        

      (c)  If the liquor enforcement INVESTIGATIVE unit of the     2,175        

department of public safety seized the property and if the         2,177        

director of public safety seeks its forfeiture pursuant to         2,178        

federal law, the appropriate governmental officials shall deposit  2,179        

into the liquor enforcement DEPARTMENT OF PUBLIC SAFETY            2,180        

INVESTIGATIVE UNIT contraband, forfeiture, and other fund all      2,181        

interest or other earnings derived from the investment of the      2,182        

proceeds from a sale of the property upon its forfeiture, the      2,183        

proceeds from another disposition of the property upon its         2,184        

forfeiture, or the forfeited moneys.  The department shall use     2,185        

and account for that interest or other earnings in accordance      2,186        

with the applicable federal law.                                   2,187        

      (d)  If the food stamp fraud unit of the department of       2,190        

public safety seized the property and if the director of public    2,191        

safety seeks its forfeiture pursuant to federal law, the           2,192        

appropriate governmental officials shall deposit into the food     2,193        

stamp contraband, forfeiture, and other fund all interest or       2,194        

other earnings derived from the investment of the proceeds from a  2,195        

sale of the property upon its forfeiture, the proceeds from        2,196        

                                                          54     


                                                                 
another disposition of the property upon its forfeiture, or the    2,197        

forfeited moneys.  The department shall use and account for that   2,198        

interest or other earnings in accordance with the applicable       2,199        

federal law.                                                                    

      (e)  Division (B) of this section and divisions (D)(1) to    2,201        

(3) of section 2933.43 of the Revised Code do not apply to         2,202        

proceeds or forfeited moneys received pursuant to federal law or   2,203        

to the interest or other earnings that are derived from the        2,204        

investment of proceeds or forfeited moneys received pursuant to    2,205        

federal law and that are described in division (A)(4)(b) of this   2,206        

section.                                                                        

      (B)  In addition to complying with any requirements imposed  2,208        

by a court pursuant to section 2925.42 or 2925.43 of the Revised   2,209        

Code, and the requirements imposed by those sections, in relation  2,210        

to the disposition of property forfeited to the state under        2,211        

either of those sections, the prosecuting attorney who is          2,212        

responsible for its disposition shall dispose of the property as   2,213        

follows:                                                           2,214        

      (1)  Any vehicle, as defined in section 4501.01 of the       2,216        

Revised Code, that was used in a felony drug abuse offense or in   2,217        

an act that, if committed by an adult, would be a felony drug      2,218        

abuse offense shall be given to the law enforcement agency of the  2,219        

municipal corporation or county in which the offense occurred if   2,220        

that agency desires to have the vehicle, except that, if the       2,221        

offense occurred in a township or in a park district created       2,222        

pursuant to section 511.18 or 1545.01 of the Revised Code and a    2,223        

law enforcement officer employed by the township or the park       2,224        

district was involved in the seizure of the vehicle, the vehicle   2,226        

may be given to the law enforcement agency of that township or     2,227        

park district if that agency desires to have the vehicle, and      2,228        

except that, if the state highway patrol made the seizure of the   2,229        

vehicle, the vehicle may be given to the state highway patrol if   2,230        

it desires to have the vehicle.                                    2,231        

      (2)  Any drug paraphernalia that was used, possessed, sold,  2,233        

                                                          55     


                                                                 
or manufactured in a violation of section 2925.14 of the Revised   2,234        

Code that would be a felony drug abuse offense or in a violation   2,235        

of that section committed by a juvenile that, if committed by an   2,236        

adult, would be a felony drug abuse offense, may be given to the   2,237        

law enforcement agency of the municipal corporation or county in   2,238        

which the offense occurred if that agency desires to have and can  2,239        

use the drug paraphernalia, except that, if the offense occurred   2,240        

in a township or in a park district created pursuant to section    2,241        

511.18 or 1545.01 of the Revised Code and a law enforcement        2,242        

officer employed by the township or the park district was          2,243        

involved in the seizure of the drug paraphernalia, the drug        2,245        

paraphernalia may be given to the law enforcement agency of that   2,246        

township or park district if that agency desires to have and can   2,247        

use the drug paraphernalia.  If the drug paraphernalia is not so   2,248        

given, it shall be disposed of by sale pursuant to division        2,249        

(B)(8) of this section or disposed of in another manner that the   2,250        

court that issued the order of forfeiture considers proper under   2,251        

the circumstances.                                                              

      (3)  Drugs shall be disposed of pursuant to section 3719.11  2,253        

of the Revised Code or placed in the custody of the secretary of   2,254        

the treasury of the United States for disposal or use for medical  2,255        

or scientific purposes under applicable federal law.               2,256        

      (4)  Firearms and dangerous ordnance suitable for police     2,258        

work may be given to a law enforcement agency for that purpose.    2,259        

Firearms suitable for sporting use, or as museum pieces or         2,260        

collectors' items, may be disposed of by sale pursuant to          2,261        

division (B)(8) of this section.  Other firearms and dangerous     2,262        

ordnance shall be destroyed by a law enforcement agency or shall   2,263        

be sent to the bureau of criminal identification and               2,264        

investigation for destruction by it.  As used in this division,    2,265        

"firearms" and "dangerous ordnance" have the same meanings as in   2,266        

section 2923.11 of the Revised Code.                               2,267        

      (5)  Computers, computer networks, computer systems, and     2,269        

computer software suitable for police work may be given to a law   2,270        

                                                          56     


                                                                 
enforcement agency for that purpose.  Other computers, computer    2,271        

networks, computer systems, and computer software shall be         2,272        

disposed of by sale pursuant to division (B)(8) of this section    2,273        

or disposed of in another manner that the court that issued the    2,274        

order of forfeiture considers proper under the circumstances.  As  2,275        

used in this division, "computers," "computer networks,"           2,276        

"computer systems," and "computer software" have the same          2,277        

meanings as in section 2913.01 of the Revised Code.                2,278        

      (6)  Obscene materials shall be destroyed.                   2,280        

      (7)  Beer, intoxicating liquor, and alcohol shall be         2,282        

disposed of in accordance with division (D)(4) of section 2933.41  2,283        

of the Revised Code.                                               2,284        

      (8)  In the case of property not described in divisions      2,286        

(B)(1) to (7) of this section and of property described in those   2,287        

divisions but not disposed of pursuant to them, the property       2,288        

shall be sold in accordance with division (B)(8) of this section   2,289        

or, in the case of forfeited moneys, disposed of in accordance     2,291        

with division (B)(8) of this section.  If the property is to be    2,292        

sold, the prosecuting attorney shall cause a notice of the         2,293        

proposed sale of the property to be given in accordance with law,  2,294        

and the property shall be sold, without appraisal, at a public     2,295        

auction to the highest bidder for cash.  The proceeds of a sale    2,296        

and forfeited moneys shall be applied in the following order:      2,297        

      (a)  First, to the payment of the costs incurred in          2,299        

connection with the seizure of, storage of, maintenance of, and    2,300        

provision of security for the property, the forfeiture proceeding  2,301        

or civil action, and, if any, the sale;                            2,302        

      (b)  Second, the remaining proceeds or forfeited moneys      2,304        

after compliance with division (B)(8)(a) of this section, to the   2,305        

payment of the value of any legal right, title, or interest in     2,306        

the property that is possessed by a person who, pursuant to        2,307        

division (F) of section 2925.42 of the Revised Code or division    2,308        

(E) of section 2925.43 of the Revised Code, established the        2,309        

validity of and consequently preserved that legal right, title,    2,310        

                                                          57     


                                                                 
or interest, including, but not limited to, any mortgage,          2,311        

perfected or other security interest, or other lien in the         2,312        

property.  The value of these rights, titles, or interests shall   2,313        

be paid according to their record or other order of priority.      2,314        

      (c)  Third, the remaining proceeds or forfeited moneys       2,316        

after compliance with divisions (B)(8)(a) and (b) of this          2,317        

section, as follows:                                               2,318        

      (i)  If the forfeiture was ordered in a juvenile court, ten  2,320        

per cent to one or more alcohol and drug addiction treatment       2,321        

programs that are certified by the department of alcohol and drug  2,322        

addiction services under section 3793.06 of the Revised Code and   2,323        

that are specified in the order of forfeiture.  A juvenile court   2,324        

shall not specify an alcohol or drug addiction treatment program                

in the order of forfeiture unless the program is a certified       2,325        

alcohol and drug addiction treatment program and, except as        2,326        

provided in division (B)(8)(c)(i) of this section, unless the      2,328        

program is located in the county in which the court that orders                 

the forfeiture is located or in a contiguous county.  If no        2,329        

certified alcohol and drug addiction treatment program is located  2,330        

in any of those counties, the juvenile court may specify in the    2,331        

order a certified alcohol and drug addiction treatment program     2,332        

located anywhere within this state.                                             

      (ii)  If the forfeiture was ordered in a juvenile court,     2,334        

ninety per cent, and if the forfeiture was ordered in a court      2,336        

other than a juvenile court, one hundred per cent to appropriate   2,339        

funds in accordance with divisions (D)(1)(c) and (2) of section    2,340        

2933.43 of the Revised Code.  The remaining proceeds or forfeited  2,341        

moneys so deposited shall be used only for the purposes            2,342        

authorized by those divisions and division (D)(3)(a)(ii) of that   2,343        

section.                                                                        

      (C)(1)  Sections 2925.41 to 2925.45 of the Revised Code do   2,345        

not preclude a financial institution that possessed a valid        2,346        

mortgage, security interest, or lien that is not satisfied prior   2,347        

to a sale under division (B)(8) of this section or following a     2,348        

                                                          58     


                                                                 
sale by application of division (B)(8)(b) of this section, from    2,349        

commencing a civil action in any appropriate court in this or      2,350        

another state to obtain a deficiency judgment against the debtor   2,351        

if the financial institution otherwise would have been entitled    2,352        

to do so in this or another state.                                 2,353        

      (2)  Any law enforcement agency that obtains any vehicle     2,355        

pursuant to division (B)(1) of this section shall take the         2,356        

vehicle subject to the outstanding amount of any security          2,357        

interest or lien that attaches to the vehicle.                     2,358        

      (3)  Nothing in this section impairs a mortgage, security    2,360        

interest, lien, or other interest of a financial institution in    2,362        

property that was the subject of a forfeiture order under section  2,363        

2925.42 or 2925.43 of the Revised Code and that was sold or        2,364        

otherwise disposed of in a manner that does not conform to the     2,365        

requirements of division (B) of this section, or any right of a    2,366        

financial institution of that nature to commence a civil action    2,368        

in any appropriate court in this or another state to obtain a      2,369        

deficiency judgment against the debtor.                                         

      (4)  Following the sale under division (B)(8) of this        2,371        

section of any property that is required to be titled or           2,372        

registered under the law of this state, the prosecuting attorney   2,373        

responsible for the disposition of the property shall cause the    2,374        

state to issue an appropriate certificate of title or              2,375        

registration to the purchaser of the property.  Additionally, if,  2,376        

in a disposition of property pursuant to division (B) of this      2,377        

section, the state or a political subdivision is given any         2,378        

property that is required to be titled or registered under the     2,379        

law of this state, the prosecuting attorney responsible for the    2,380        

disposition of the property shall cause the state to issue an      2,381        

appropriate certificate of title or registration to itself or to   2,382        

the political subdivision.                                         2,383        

      (D)  Property that has been forfeited to the state pursuant  2,385        

to an order of criminal forfeiture under section 2925.42 of the    2,386        

Revised Code or an order of civil forfeiture under section         2,387        

                                                          59     


                                                                 
2925.43 of the Revised Code shall not be available for use to pay  2,388        

any fine imposed upon a person who is convicted of or pleads       2,389        

guilty to a felony drug abuse offense or upon any juvenile who is  2,390        

found by a juvenile court to be a delinquent child for an act      2,391        

that, if committed by an adult, would be a felony drug abuse       2,392        

offense.                                                           2,393        

      (E)  Sections 2925.41 to 2925.45 of the Revised Code do not  2,395        

prohibit a law enforcement officer from seeking the forfeiture of  2,396        

contraband associated with a felony drug abuse offense pursuant    2,397        

to section 2933.43 of the Revised Code.                            2,398        

      Sec. 2933.43.  (A)(1)  Except as provided in this division   2,407        

or in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41    2,409        

to 2925.45 of the Revised Code, a law enforcement officer shall    2,410        

seize any contraband that has been, is being, or is intended to    2,411        

be used in violation of division (A) of section 2933.42 of the     2,412        

Revised Code.  A law enforcement officer shall seize contraband    2,413        

that is a watercraft, motor vehicle, or aircraft and that has      2,414        

been, is being, or is intended to be used in violation of          2,415        

division (A) of section 2933.42 of the Revised Code only if the    2,416        

watercraft, motor vehicle, or aircraft is contraband because of    2,417        

its relationship to an underlying criminal offense that is a       2,418        

felony.                                                                         

      Additionally, a law enforcement officer shall seize any      2,420        

watercraft, motor vehicle, aircraft, or other personal property    2,421        

that is classified as contraband under division (B) of section     2,422        

2933.42 of the Revised Code if the underlying offense involved in  2,423        

the violation of division (A) of that section that resulted in     2,424        

the watercraft, motor vehicle, aircraft, or personal property      2,425        

being classified as contraband, is a felony.                       2,426        

      (2)  If a law enforcement officer seizes property that is    2,428        

titled or registered under law, including a motor vehicle,         2,429        

pursuant to division (A)(1) of this section, the officer or the    2,430        

officer's employing law enforcement agency shall notify the owner  2,431        

of the seizure.  The notification shall be given to the owner at   2,432        

                                                          60     


                                                                 
the owner's last known address within seventy-two hours after the  2,433        

seizure, and may be given orally by any means, including           2,434        

telephone, or by certified mail, return receipt requested.         2,435        

      If the officer or the officer's agency is unable to provide  2,437        

the notice required by this division despite reasonable, good      2,438        

faith efforts to do so, the exercise of the reasonable, good       2,439        

faith efforts constitutes fulfillment of the notice requirement    2,440        

imposed by this division.                                          2,441        

      (B)(1)  A motor vehicle seized pursuant to division (A)(1)   2,443        

of this section and the contents of the vehicle may be retained    2,444        

for a reasonable period of time, not to exceed seventy-two hours,  2,445        

for the purpose of inspection, investigation, and the gathering    2,446        

of evidence of any offense or illegal use.                         2,447        

      At any time prior to the expiration of the seventy-two-hour  2,449        

period, the law enforcement agency that seized the motor vehicle   2,450        

may petition the court of common pleas of the county that has      2,451        

jurisdiction over the underlying criminal case or administrative   2,452        

proceeding involved in the forfeiture for an extension of the      2,453        

seventy-two-hour period if the motor vehicle or its contents are   2,454        

needed as evidence or if additional time is needed for the         2,455        

inspection, investigation, or gathering of evidence.  Upon the     2,456        

filing of such a petition, the court immediately shall schedule a  2,457        

hearing to be held at a time as soon as possible after the         2,458        

filing, but in no event at a time later than the end of the next   2,459        

business day subsequent to the day on which the petition was       2,460        

filed, and upon scheduling the hearing, immediately shall notify   2,461        

the owner of the vehicle, at the address at which notification of  2,462        

the seizure was provided under division (A) of this section, of    2,463        

the date, time, and place of the hearing.  If the court, at the    2,464        

hearing, determines that the vehicle or its contents, or both,     2,465        

are needed as evidence or that additional time is needed for the   2,466        

inspection, investigation, or gathering of evidence, the court     2,467        

may grant the petition and issue an order authorizing the          2,468        

retention of the vehicle or its contents, or both, for an          2,469        

                                                          61     


                                                                 
extended period as specified by the court in its order.  An order  2,470        

extending a period of retention issued under this division may be  2,471        

renewed.                                                           2,472        

      If no petition for the extension of the initial              2,474        

seventy-two-hour period has been filed, prior to the expiration    2,475        

of that period, under this division, if the vehicle was not in     2,476        

the custody and control of the owner at the time of its seizure,   2,477        

and if, at the end of that seventy-two-hour period, the owner of   2,478        

the vehicle has not been charged with an offense or                2,479        

administrative violation that includes the use of the vehicle as   2,480        

an element and has not been charged with any other offense or      2,481        

administrative violation in the actual commission of which the     2,482        

motor vehicle was used, the vehicle and its contents shall be      2,483        

released to its owner or the owner's agent, provided that the law  2,484        

enforcement agency that seized the vehicle may require proof of    2,485        

ownership of the vehicle, proof of ownership or legal possession   2,486        

of the contents, and an affidavit of the owner that the owner      2,487        

neither knew of nor expressly or impliedly consented to the use    2,488        

of the vehicle that resulted in its forfeiture as conditions       2,489        

precedent to release.  If a petition for the extension of the      2,490        

initial seventy-two-hour period has been filed, prior to the       2,491        

expiration of that period, under this division but the court does  2,492        

not grant the petition, if the vehicle was not in the custody and  2,493        

control of the owner at the time of its seizure, and if, at the    2,494        

end of that seventy-two-hour period, the owner of the vehicle has  2,495        

not been charged with an offense or administrative violation that  2,496        

includes the use of the vehicle as an element and has not been     2,497        

charged with any other offense or administrative violation in the  2,498        

actual commission of which the motor vehicle was used, the         2,499        

vehicle and its contents shall be released to its owner or the     2,500        

owner's agent, provided that the court may require the proof and   2,501        

affidavit described in the preceding sentence as conditions        2,502        

precedent to release.  If the initial seventy-two-hour period has  2,503        

been extended under this division, the vehicle and its contents    2,504        

                                                          62     


                                                                 
to which the extension applies may be retained in accordance with  2,505        

the extension order.  If, at the end of that extended period, the  2,506        

owner of the vehicle has not been charged with an offense or       2,507        

administrative violation that includes the use of the vehicle as   2,508        

an element and has not been charged with any other offense or      2,509        

administrative violation in the actual commission of which the     2,510        

motor vehicle was used, and if the vehicle was not in the custody  2,511        

and control of the owner at the time of its seizure, the vehicle   2,512        

and its contents shall be released to its owner or the owner's     2,513        

agent, provided that the court may require the proof and           2,514        

affidavit described in the third preceding sentence as conditions  2,515        

precedent to release.  In cases in which the court may require     2,516        

proof and affidavits as conditions precedent to release, the       2,517        

court also may require the posting of a bond, with sufficient      2,518        

sureties approved by the court, in an amount equal to the value    2,519        

of the property to be released, as determined by the court, and    2,520        

conditioned upon the return of the property to the court if it is  2,521        

forfeited under this section, as a further condition to release.   2,522        

If, at the end of the initial seventy-two-hour period or at the    2,523        

end of any extended period granted under this section, the owner   2,524        

has been charged with an offense or administrative violation that  2,525        

includes the use of the vehicle as an element or has been charged  2,526        

with another offense or administrative violation in the actual     2,527        

commission of which the motor vehicle was used, or if the vehicle  2,528        

was in the custody and control of the owner at the time of its     2,529        

seizure, the vehicle and its contents shall be retained pending    2,530        

disposition of the charge, provided that upon the filing of a      2,531        

motion for release by the owner, if the court determines that the  2,532        

motor vehicle or its contents, or both, are not needed as          2,533        

evidence in the underlying criminal case or administrative         2,534        

proceeding, the court may permit the release of the property that  2,535        

is not needed as evidence to the owner; as a condition precedent   2,536        

to a release of that nature, the court may require the owner to    2,537        

execute a bond with the court.  Any bond so required shall be in   2,538        

                                                          63     


                                                                 
an amount equal to the value of the property to be released, as    2,539        

determined by the court, shall have sufficient sureties approved   2,540        

by the court, and shall be conditioned upon the return of the      2,541        

property to the court to which it is forfeited under this          2,542        

section.                                                                        

      The final disposition of a motor vehicle seized pursuant to  2,544        

division (A)(1) of this section shall be determined in accordance  2,545        

with division (C) of this section.                                 2,546        

      (2)  Pending a hearing pursuant to division (C) of this      2,548        

section, and subject to divisions (B)(1) and (C) of this section,  2,549        

any property lawfully seized pursuant to division (A) of this      2,550        

section because it was contraband of a type described in division  2,551        

(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section        2,553        

2901.01 of the Revised Code shall not be subject to replevin or    2,554        

other action in any court and shall not be subject to release      2,555        

upon request of the owner, and no judgment shall be enforced       2,556        

against the property.  Pending the hearing, and subject to         2,557        

divisions (B)(1) and (C) of this section, the property shall be    2,558        

kept in the custody of the law enforcement agency responsible for  2,559        

its seizure.                                                       2,560        

      Pending a hearing pursuant to division (C) of this section,  2,562        

and notwithstanding any provisions of division (B)(1) or (C) of    2,563        

this section to the contrary, any property lawfully seized         2,564        

pursuant to division (A) of this section because it was            2,565        

contraband of a type described in division (A)(13)(a) or (c) of    2,567        

section 2901.01 of the Revised Code shall not be subject to        2,568        

replevin or other action in any court and shall not be subject to  2,569        

release upon request of the owner, and no judgment shall be                     

enforced against the property.  Pending the hearing, and           2,570        

notwithstanding any provisions of division (B)(1) or (C) of this   2,571        

section to the contrary, the property shall be kept in the         2,572        

custody of the law enforcement agency responsible for its          2,573        

seizure.                                                           2,574        

      A law enforcement agency that seizes property under          2,576        

                                                          64     


                                                                 
division (A) of this section because it was contraband of any      2,577        

type described in division (A)(13) of section 2901.01 or division  2,579        

(B) of section 2933.42 of the Revised Code shall maintain an                    

accurate record of each item of property so seized, which record   2,580        

shall include the date on which each item was seized, the manner   2,581        

and date of its disposition, and if applicable, the name of the    2,582        

person who received the item; however, the record shall not        2,583        

identify or enable the identification of the individual officer    2,584        

who seized the item.  The record of property of that nature that   2,585        

no longer is needed as evidence shall be open to public            2,586        

inspection during the agency's regular business hours.  Each law   2,587        

enforcement agency that, during any calendar year, seizes          2,588        

property under division (A) of this section because it was         2,589        

contraband shall prepare a report covering the calendar year that  2,590        

cumulates all of the information contained in all of the records   2,591        

kept by the agency pursuant to this division for that calendar     2,592        

year, and shall send a copy of the cumulative report, no later     2,593        

than the first day of March in the calendar year following the     2,594        

calendar year covered by the report, to the attorney general.      2,595        

Each report received by the attorney general is a public record    2,596        

open for inspection under section 149.43 of the Revised Code.      2,597        

Not later than the fifteenth day of April in the calendar year in  2,599        

which the reports are received, the attorney general shall send    2,600        

to the president of the senate and the speaker of the house of     2,601        

representatives a written notification that does all of the        2,602        

following:                                                         2,603        

      (a)  Indicates that the attorney general has received from   2,605        

law enforcement agencies reports of the type described in this     2,607        

division that cover the previous calendar year and indicates that  2,608        

the reports were received under this division;                     2,609        

      (b)  Indicates that the reports are open for inspection      2,612        

under section 149.43 of the Revised Code;                          2,613        

      (c)  Indicates that the attorney general will provide a      2,616        

copy of any or all of the reports to the president of the senate   2,617        

                                                          65     


                                                                 
or the speaker of the house of representatives upon request.       2,618        

      (C)  The prosecuting attorney, village solicitor, city       2,620        

director of law, or similar chief legal officer who has            2,621        

responsibility for the prosecution of the underlying criminal      2,622        

case or administrative proceeding, or the attorney general if the  2,623        

attorney general has that responsibility, shall file a petition    2,624        

for the forfeiture, to the seizing law enforcement agency of the   2,625        

contraband seized pursuant to division (A) of this section.  The   2,626        

petition shall be filed in the court that has jurisdiction over    2,627        

the underlying criminal case or administrative proceeding          2,628        

involved in the forfeiture.  If the property was seized on the     2,629        

basis of both a criminal violation and an administrative           2,630        

regulation violation, the petition shall be filed by the officer   2,631        

and in the court that is appropriate in relation to the criminal   2,632        

case.                                                              2,633        

      The petitioner shall conduct or cause to be conducted a      2,635        

search of the appropriate public records that relate to the        2,636        

seized property for the purpose of determining, and shall make or  2,637        

cause to be made reasonably diligent inquiries for the purpose of  2,638        

determining, any person having an ownership or security interest   2,639        

in the property.  The petitioner then shall give notice of the     2,640        

forfeiture proceedings by personal service or by certified mail,   2,641        

return receipt requested, to any persons known, because of the     2,642        

conduct of the search, the making of the inquiries, or otherwise,  2,643        

to have an ownership or security interest in the property, and     2,644        

shall publish notice of the proceedings once each week for two     2,645        

consecutive weeks in a newspaper of general circulation in the     2,646        

county in which the seizure occurred.  The notices shall be        2,647        

personally served, mailed, and first published at least four       2,648        

weeks before the hearing.  They shall describe the property        2,649        

seized; state the date and place of seizure; name the law          2,650        

enforcement agency that seized the property and, if applicable,    2,651        

that is holding the property; list the time, date, and place of    2,652        

the hearing; and state that any person having an ownership or      2,653        

                                                          66     


                                                                 
security interest in the property may contest the forfeiture.      2,654        

      If the property seized was determined by the seizing law     2,656        

enforcement officer to be contraband because of its relationship   2,657        

to an underlying criminal offense or administrative violation, no  2,658        

forfeiture hearing shall be held under this section unless the     2,659        

person pleads guilty to or is convicted of the commission of, or   2,660        

an attempt or conspiracy to commit, the offense or a different     2,661        

offense arising out of the same facts and circumstances or unless  2,662        

the person admits or is adjudicated to have committed the          2,663        

administrative violation or a different violation arising out of   2,664        

the same facts and circumstances; a forfeiture hearing shall be    2,665        

held in a case of that nature no later than forty-five days after  2,666        

the conviction or the admission or adjudication of the violation,  2,667        

unless the time for the hearing is extended by the court for good  2,668        

cause shown.  The owner of any property seized because of its      2,669        

relationship to an underlying criminal offense or administrative   2,670        

violation may request the court to release the property to the     2,671        

owner.  Upon receipt of a request of that nature, if the court     2,672        

determines that the property is not needed as evidence in the      2,673        

underlying criminal case or administrative proceeding, the court   2,674        

may permit the release of the property to the owner.  As a         2,675        

condition precedent to a release of that nature, the court may     2,676        

require the owner to execute a bond with the court.  Any bond so   2,677        

required shall have sufficient sureties approved by the court,     2,678        

shall be in a sum equal to the value of the property, as           2,679        

determined by the court, and shall be conditioned upon the return  2,680        

of the property to the court if the property is forfeited under    2,681        

this section.  Any property seized because of its relationship to  2,682        

an underlying criminal offense or administrative violation shall   2,683        

be returned to its owner if charges are not filed in relation to   2,684        

that underlying offense or violation within thirty days after the  2,685        

seizure, if charges of that nature are filed and subsequently are  2,686        

dismissed, or if charges of that nature are filed and the person   2,687        

charged does not plead guilty to and is not convicted of the                    

                                                          67     


                                                                 
offense or does not admit and is not found to have committed the   2,688        

violation.                                                                      

      If the property seized was determined by the seizing law     2,690        

enforcement officer to be contraband other than because of a       2,691        

relationship to an underlying criminal offense or administrative   2,692        

violation, the forfeiture hearing under this section shall be      2,693        

held no later than forty-five days after the seizure, unless the   2,694        

time for the hearing is extended by the court for good cause       2,695        

shown.                                                             2,696        

      Where possible, a court holding a forfeiture hearing under   2,698        

this section shall follow the Rules of Civil Procedure.  When a    2,699        

hearing is conducted under this section, property shall be         2,700        

forfeited upon a showing, by a preponderance of the evidence, by   2,701        

the petitioner that the person from which the property was seized  2,702        

was in violation of division (A) of section 2933.42 of the         2,703        

Revised Code.  If that showing is made, the court shall issue an   2,704        

order of forfeiture.  If an order of forfeiture is issued in       2,705        

relation to contraband that was released to the owner or the       2,706        

owner's agent pursuant to this division or division (B)(1) of      2,707        

this section, the order shall require the owner to deliver the     2,708        

property, by a specified date, to the law enforcement agency that  2,709        

employed the law enforcement officer who made the seizure of the   2,710        

property, and the court shall deliver a copy of the order to the   2,711        

owner or send a copy of it by certified mail, return receipt       2,712        

requested, to the owner at the address to which notice of the      2,713        

seizure was given under division (A)(2) of this section.  Except   2,714        

as otherwise provided in this division, all rights, interest, and  2,715        

title to the forfeited contraband vests in the state, effective    2,716        

from the date of seizure.                                          2,717        

      No property shall be forfeited pursuant to this division if  2,719        

the owner of the property establishes, by a preponderance of the   2,720        

evidence, that the owner neither knew, nor should have known       2,721        

after a reasonable inquiry, that the property was used, or was     2,722        

likely to be used, in a crime or administrative violation.  No     2,723        

                                                          68     


                                                                 
bona fide security interest shall be forfeited pursuant to this    2,724        

division if the holder of the interest establishes, by a           2,725        

preponderance of the evidence, that the holder of the interest     2,726        

neither knew, nor should have known after a reasonable inquiry,    2,728        

that the property was used, or likely to be used, in a crime or    2,729        

administrative violation, that the holder of the interest did not  2,730        

expressly or impliedly consent to the use of the property in a     2,731        

crime or administrative violation, and that the security interest  2,732        

was perfected pursuant to law prior to the seizure.  If the        2,733        

holder of the interest satisfies the court that these              2,734        

requirements are met, the interest shall be preserved by the       2,735        

court.  In a case of that nature, the court shall either order     2,736        

that the agency to which the property is forfeited reimburse the   2,737        

holder of the interest to the extent of the preserved interest or  2,738        

order that the holder be paid for the interest from the proceeds   2,739        

of any sale pursuant to division (D) of this section.              2,740        

      (D)(1)  Contraband ordered forfeited pursuant to this        2,742        

section shall be disposed of pursuant to divisions (D)(1) to (7)   2,743        

of section 2933.41 of the Revised Code or, if the contraband is    2,744        

not described in those divisions, may be used, with the approval   2,745        

of the court, by the law enforcement agency that has custody of    2,746        

the contraband pursuant to division (D)(8) of that section.  In    2,747        

the case of contraband not described in any of those divisions     2,748        

and of contraband not disposed of pursuant to any of those         2,749        

divisions, the contraband shall be sold in accordance with this    2,750        

division or, in the case of forfeited moneys, disposed of in       2,751        

accordance with this division.  If the contraband is to be sold,   2,752        

the prosecuting attorney shall cause a notice of the proposed      2,753        

sale of the contraband to be given in accordance with law, and     2,754        

the property shall be sold, without appraisal, at a public         2,755        

auction to the highest bidder for cash.  The proceeds of a sale    2,756        

and forfeited moneys shall be applied in the following order:      2,757        

      (a)  First, to the payment of the costs incurred in          2,759        

connection with the seizure of, storage of, maintenance of, and    2,760        

                                                          69     


                                                                 
provision of security for the contraband, the forfeiture           2,761        

proceeding, and, if any, the sale;                                 2,762        

      (b)  Second, the remaining proceeds or forfeited moneys      2,764        

after compliance with division (D)(1)(a) of this section, to the   2,765        

payment of the balance due on any security interest preserved      2,766        

pursuant to division (C) of this section;                          2,767        

      (c)  Third, the remaining proceeds or forfeited moneys       2,769        

after compliance with divisions (D)(1)(a) and (b) of this          2,770        

section, as follows:                                               2,771        

      (i)  If the forfeiture was ordered in a juvenile court, ten  2,773        

per cent to one or more alcohol and drug addiction treatment       2,774        

programs that are certified by the department of alcohol and drug  2,775        

addiction services under section 3793.06 of the Revised Code and   2,776        

that are specified in the order of forfeiture.  A juvenile court   2,778        

shall not certify an alcohol or drug addiction treatment program   2,779        

in the order of forfeiture unless the program is a certified                    

alcohol and drug addiction treatment program and, except as        2,780        

provided in division (D)(1)(c)(i) of this section, unless the      2,781        

program is located in the county in which the court that orders    2,782        

the forfeiture is located or in a contiguous county.  If no        2,783        

certified alcohol and drug addiction treatment program is located  2,784        

in any of those counties, the juvenile court may specify in the    2,785        

order a certified alcohol and drug addiction treatment program                  

located anywhere within this state.                                2,786        

      (ii)  If the forfeiture was ordered in a juvenile court,     2,788        

ninety per cent, and if the forfeiture was ordered in a court      2,789        

other than a juvenile court, one hundred per cent to the law       2,790        

enforcement trust fund of the prosecuting attorney and to the law  2,792        

enforcement trust fund of the county sheriff if the county         2,793        

sheriff made the seizure, to the law enforcement trust fund of a   2,794        

municipal corporation if its police department made the seizure,   2,795        

to the law enforcement trust fund of a township if the seizure     2,796        

was made by a township police department, township police          2,797        

district police force, or office of a township constable, to the   2,798        

                                                          70     


                                                                 
law enforcement trust fund of a park district created pursuant to  2,799        

section 511.18 or 1545.01 of the Revised Code if the seizure was   2,800        

made by the park district police force or law enforcement          2,801        

department, to the state highway patrol contraband, forfeiture,    2,802        

and other fund if the state highway patrol made the seizure, to    2,803        

the liquor enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE   2,804        

UNIT contraband, forfeiture, and other fund if the liquor          2,805        

enforcement INVESTIGATIVE unit of the department of public safety  2,807        

made the seizure, to the food stamp contraband, forfeiture, and    2,808        

other fund if the food stamp trafficking unit of the department    2,811        

of public safety made the seizure, to the board of pharmacy drug   2,813        

law enforcement fund created by division (B)(1) of section         2,814        

4729.65 of the Revised Code if the board made the seizure, or to   2,815        

the treasurer of state for deposit into the peace officer          2,816        

training commission fund if a state law enforcement agency, other  2,818        

than the state highway patrol, the INVESTIGATIVE UNIT OF THE       2,819        

department of public safety, or the state board of pharmacy, made  2,821        

the seizure.  The prosecuting attorney may decline to accept any   2,822        

of the remaining proceeds or forfeited moneys, and, if the                      

prosecuting attorney so declines, the remaining proceeds or        2,824        

forfeited moneys shall be applied to the fund described in this    2,825        

division that relates to the law enforcement agency that made the  2,826        

seizure.                                                                        

      A law enforcement trust fund shall be established by the     2,828        

prosecuting attorney of each county who intends to receive any     2,829        

remaining proceeds or forfeited moneys pursuant to this division,  2,830        

by the sheriff of each county, by the legislative authority of     2,831        

each municipal corporation, by the board of township trustees of   2,832        

each township that has a township police department, township      2,833        

police district police force, or office of the constable, and by   2,834        

the board of park commissioners of each park district created      2,835        

pursuant to section 511.18 or 1545.01 of the Revised Code that     2,836        

has a park district police force or law enforcement department,    2,837        

for the purposes of this division.  There is hereby created in     2,838        

                                                          71     


                                                                 
the state treasury the state highway patrol contraband,            2,839        

forfeiture, and other fund, the liquor enforcement DEPARTMENT OF   2,840        

PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and       2,841        

other fund, the food stamp contraband, forfeiture, and other       2,842        

fund, and the peace officer training commission fund, for the      2,844        

purposes described in this division.                               2,846        

      Proceeds or forfeited moneys distributed to any municipal    2,848        

corporation, township, or park district law enforcement trust      2,849        

fund shall be allocated from the fund by the legislative           2,850        

authority only to the police department of the municipal           2,851        

corporation, by the board of township trustees only to the         2,852        

township police department, township police district police        2,853        

force, or office of the constable, and by the board of park        2,854        

commissioners only to the park district police force or law        2,855        

enforcement department.                                            2,856        

      Additionally, no proceeds or forfeited moneys shall be       2,858        

allocated to or used by the state highway patrol, the food stamp   2,859        

trafficking unit or liquor enforcement unit of the department of   2,862        

public safety, the state board of pharmacy, or a county sheriff,   2,863        

prosecuting attorney, municipal corporation police department,     2,864        

township police department, township police district police        2,865        

force, office of the constable, or park district police force or   2,866        

law enforcement department unless the state highway patrol,        2,867        

department of public safety, state board of pharmacy, sheriff,     2,868        

prosecuting attorney, municipal corporation police department,     2,869        

township police department, township police district police        2,870        

force, office of the constable, or park district police force or   2,871        

law enforcement department has adopted a written internal control  2,872        

policy under division (D)(3) of this section that addresses the    2,873        

use of moneys received from the state highway patrol contraband,   2,874        

forfeiture, and other fund, the liquor enforcement DEPARTMENT OF   2,875        

PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and       2,876        

other fund, the food stamp contraband, forfeiture, and other       2,878        

fund, the board of pharmacy drug law enforcement fund, or the      2,879        

                                                          72     


                                                                 
appropriate law enforcement trust fund. The state highway patrol   2,880        

contraband, forfeiture, and other fund, the liquor enforcement     2,881        

DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband,         2,882        

forfeiture, and other fund, the food stamp contraband,             2,883        

forfeiture, and other fund, and a law enforcement trust fund       2,884        

shall be expended only in accordance with the written internal     2,885        

control policy so adopted by the recipient, and, subject to the    2,886        

requirements specified in division (D)(3)(a)(ii) of this section,  2,887        

only to pay the costs of protracted or complex investigations or   2,888        

prosecutions, to provide reasonable technical training or          2,889        

expertise, to provide matching funds to obtain federal grants to   2,890        

aid law enforcement, in the support of DARE programs or other      2,891        

programs designed to educate adults or children with respect to    2,892        

the dangers associated with the use of drugs of abuse, or for      2,893        

other law enforcement purposes that the superintendent of the      2,894        

state highway patrol, department of public safety, prosecuting     2,895        

attorney, county sheriff, legislative authority, board of          2,896        

township trustees, or board of park commissioners determines to    2,897        

be appropriate.  The board of pharmacy drug law enforcement fund   2,898        

shall be expended only in accordance with the written internal     2,899        

control policy so adopted by the board and only in accordance      2,900        

with section 4729.65 of the Revised Code.  The state highway       2,901        

patrol contraband, forfeiture, and other fund, the liquor          2,902        

enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT         2,903        

contraband, seizure FORFEITURE, and other fund, the food stamp     2,905        

contraband, forfeiture, and other fund, the board of pharmacy      2,907        

drug law enforcement fund, and a law enforcement trust fund shall  2,908        

not be used to meet the operating costs of the state highway       2,909        

patrol, of the food stamp trafficking unit or liquor enforcement   2,910        

INVESTIGATIVE unit of the department of public safety, of the      2,912        

state board of pharmacy, of any political subdivision, or of any   2,913        

office of a prosecuting attorney or county sheriff that are        2,914        

unrelated to law enforcement.                                                   

      Proceeds and forfeited moneys that are paid into the state   2,916        

                                                          73     


                                                                 
treasury to be deposited into the peace officer training           2,917        

commission fund shall be used by the commission only to pay the    2,919        

costs of peace officer training.                                   2,920        

      Any sheriff or prosecuting attorney who receives proceeds    2,922        

or forfeited moneys pursuant to this division during any calendar  2,923        

year shall file a report with the county auditor, no later than    2,924        

the thirty-first day of January of the next calendar year,         2,925        

verifying that the proceeds and forfeited moneys were expended     2,926        

only for the purposes authorized by this division and division     2,927        

(D)(3)(a)(ii) of this section and specifying the amounts expended  2,928        

for each authorized purpose.  Any municipal corporation police     2,929        

department that is allocated proceeds or forfeited moneys from a   2,930        

municipal corporation law enforcement trust fund pursuant to this  2,931        

division during any calendar year shall file a report with the     2,932        

legislative authority of the municipal corporation, no later than  2,933        

the thirty-first day of January of the next calendar year,         2,934        

verifying that the proceeds and forfeited moneys were expended     2,935        

only for the purposes authorized by this division and division     2,936        

(D)(3)(a)(ii) of this section and specifying the amounts expended  2,937        

for each authorized purpose.  Any township police department,      2,938        

township police district police force, or office of the constable  2,939        

that is allocated proceeds or forfeited moneys from a township     2,940        

law enforcement trust fund pursuant to this division during any    2,941        

calendar year shall file a report with the board of township       2,942        

trustees of the township, no later than the thirty-first day of    2,943        

January of the next calendar year, verifying that the proceeds     2,944        

and forfeited moneys were expended only for the purposes           2,945        

authorized by this division and division (D)(3)(a)(ii) of this     2,946        

section and specifying the amounts expended for each authorized    2,947        

purpose.  Any park district police force or law enforcement        2,948        

department that is allocated proceeds or forfeited moneys from a   2,949        

park district law enforcement trust fund pursuant to this          2,950        

division during any calendar year shall file a report with the     2,951        

board of park commissioners of the park district, no later than    2,952        

                                                          74     


                                                                 
the thirty-first day of January of the next calendar year,         2,953        

verifying that the proceeds and forfeited moneys were expended     2,954        

only for the purposes authorized by this division and division     2,955        

(D)(3)(a)(ii) of this section and specifying the amounts expended  2,956        

for each authorized purpose.  The superintendent of the state      2,957        

highway patrol shall file a report with the attorney general, no   2,958        

later than the thirty-first day of January of each calendar year,  2,959        

verifying that proceeds and forfeited moneys paid into the state   2,960        

highway patrol contraband, forfeiture, and other fund pursuant to  2,961        

this division during the prior calendar year were used by the      2,962        

state highway patrol during the prior calendar year only for the   2,963        

purposes authorized by this division and specifying the amounts    2,964        

expended for each authorized purpose.  The executive director of   2,965        

the state board of pharmacy shall file a report with the attorney  2,966        

general, no later than the thirty-first day of January of each     2,967        

calendar year, verifying that proceeds and forfeited moneys paid   2,968        

into the board of pharmacy drug law enforcement fund during the    2,969        

prior calendar year were used only in accordance with section      2,970        

4729.65 of the Revised Code and specifying the amounts expended    2,971        

for each authorized purpose.  The peace officer training           2,972        

commission shall file a report with the attorney general, no       2,973        

later than the thirty-first day of January of each calendar year,  2,975        

verifying that proceeds and forfeited moneys paid into the peace   2,976        

officer training commission fund pursuant to this division during  2,978        

the prior calendar year were used by the commission during the     2,979        

prior calendar year only to pay the costs of peace officer         2,981        

training and specifying the amount used for that purpose.          2,982        

      (2)  If more than one law enforcement agency is              2,984        

substantially involved in the seizure of contraband that is        2,985        

forfeited pursuant to this section, the court ordering the         2,986        

forfeiture shall equitably divide the proceeds or forfeited        2,987        

moneys, after calculating any distribution to the law enforcement  2,988        

trust fund of the prosecuting attorney pursuant to division        2,989        

(D)(1)(c) of this section, among any county sheriff whose office   2,990        

                                                          75     


                                                                 
is determined by the court to be substantially involved in the     2,991        

seizure, any legislative authority of a municipal corporation      2,992        

whose police department is determined by the court to be           2,993        

substantially involved in the seizure, any board of township       2,994        

trustees whose law enforcement agency is determined by the court   2,995        

to be substantially involved in the seizure, any board of park     2,996        

commissioners of a park district whose police force or law         2,997        

enforcement department is determined by the court to be            2,998        

substantially involved in the seizure, the state board of          2,999        

pharmacy if it is determined by the court to be substantially      3,000        

involved in the seizure, the food stamp trafficking unit or        3,001        

liquor enforcement INVESTIGATIVE unit of the department of public  3,002        

safety if it is determined by the court to be substantially        3,004        

involved in the seizure, and the state highway patrol if it is     3,005        

determined by the court to be substantially involved in the        3,006        

seizure.  The proceeds or forfeited moneys shall be deposited in   3,007        

the respective law enforcement trust funds of the county sheriff,  3,008        

municipal corporation, township, and park district, the board of   3,009        

pharmacy drug law enforcement fund, the liquor enforcement         3,011        

DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband,         3,012        

forfeiture, and other fund, the food stamp contraband,                          

forfeiture, and other fund, or the state highway patrol            3,014        

contraband, forfeiture, and other fund, in accordance with         3,015        

division (D)(1)(c) of this section.  If a state law enforcement    3,016        

agency, other than the state highway patrol, the food stamp        3,017        

trafficking unit or liquor enforcement INVESTIGATIVE unit of the   3,018        

department of public safety, or the state board of pharmacy, is    3,019        

determined by the court to be substantially involved in the        3,020        

seizure, the state agency's equitable share of the proceeds and    3,021        

forfeited moneys shall be paid to the treasurer of state for       3,022        

deposit into the peace officer training commission fund.           3,023        

      (3)(a)(i)  Prior to being allocated or using any proceeds    3,025        

or forfeited moneys out of the state highway patrol contraband,    3,026        

forfeiture, and other fund, the liquor enforcement DEPARTMENT OF   3,027        

                                                          76     


                                                                 
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and       3,028        

other fund, the food stamp contraband, seizure, and other fund,    3,029        

the board of pharmacy drug law enforcement fund, or a law          3,032        

enforcement trust fund under division (D)(1)(c) of this section,   3,033        

the state highway patrol, the department of public safety, the                  

state board of pharmacy, and a county sheriff, prosecuting         3,035        

attorney, municipal corporation police department, township        3,036        

police department, township police district police force, office   3,037        

of the constable, or park district police force or law             3,038        

enforcement department shall adopt a written internal control                   

policy that addresses the state highway patrol's, department of    3,039        

public safety's, state board of pharmacy's, sheriff's,             3,040        

prosecuting attorney's, police department's, police force's,       3,041        

office of the constable's, or law enforcement department's use     3,042        

and disposition of all the proceeds and forfeited moneys received  3,043        

and that provides for the keeping of detailed financial records    3,044        

of the receipts of the proceeds and forfeited moneys, the general  3,045        

types of expenditures made out of the proceeds and forfeited       3,046        

moneys, the specific amount of each general type of expenditure,   3,047        

and the amounts, portions, and programs described in division      3,048        

(D)(3)(a)(ii) of this section.  The policy shall not provide for   3,049        

or permit the identification of any specific expenditure that is   3,050        

made in an ongoing investigation.                                  3,051        

      All financial records of the receipts of the proceeds and    3,053        

forfeited moneys, the general types of expenditures made out of    3,054        

the proceeds and forfeited moneys, the specific amount of each     3,055        

general type of expenditure by the state highway patrol, by the    3,056        

department of public safety, by the state board of pharmacy, and   3,057        

by a sheriff, prosecuting attorney, municipal corporation police   3,058        

department, township police department, township police district   3,059        

police force, office of the constable, or park district police     3,060        

force or law enforcement department, and the amounts, portions,    3,061        

and programs described in division (D)(3)(a)(ii) of this section   3,062        

are public records open for inspection under section 149.43 of     3,063        

                                                          77     


                                                                 
the Revised Code.  Additionally, a written internal control        3,064        

policy adopted under this division is a public record of that      3,065        

nature, and the state highway patrol, the department of public     3,066        

safety, the state board of pharmacy, or the sheriff, prosecuting   3,067        

attorney, municipal corporation police department, township        3,068        

police department, township police district police force, office   3,069        

of the constable, or park district police force or law             3,070        

enforcement department that adopted it shall comply with it.       3,071        

      (ii)  The written internal control policy of a county        3,073        

sheriff, prosecuting attorney, municipal corporation police        3,074        

department, township police department, township police district   3,075        

police force, office of the constable, or park district police     3,076        

force or law enforcement department shall provide that at least    3,077        

ten per cent of the first one hundred thousand dollars of          3,078        

proceeds and forfeited moneys deposited during each calendar year  3,079        

in the sheriff's, prosecuting attorney's, municipal                3,080        

corporation's, township's, or park district's law enforcement      3,081        

trust fund pursuant to division (B)(7)(c)(ii) of section 2923.46   3,082        

or division (B)(8)(c)(ii) of section 2925.44 of the Revised Code,  3,084        

and at least twenty per cent of the proceeds and forfeited moneys  3,085        

exceeding one hundred thousand dollars that are so deposited,      3,086        

shall be used in connection with community preventive education    3,087        

programs.  The manner in which the described percentages are so    3,088        

used shall be determined by the sheriff, prosecuting attorney,     3,089        

department, police force, or office of the constable after the     3,090        

receipt and consideration of advice on appropriate community       3,091        

preventive education programs from the county's board of alcohol,  3,092        

drug addiction, and mental health services, from the county's      3,093        

alcohol and drug addiction services board, or through appropriate  3,094        

community dialogue.  The financial records described in division   3,095        

(D)(3)(a)(i) of this section shall specify the amount of the       3,096        

proceeds and forfeited moneys deposited during each calendar year  3,097        

in the sheriff's, prosecuting attorney's, municipal                3,098        

corporation's, township's, or park district's law enforcement      3,099        

                                                          78     


                                                                 
trust fund pursuant to division (B)(7)(c)(ii) of section 2923.46   3,100        

or division (B)(8)(c)(ii) of section 2925.44 of the Revised Code,  3,102        

the portion of that amount that was used pursuant to the           3,103        

requirements of this division, and the community preventive        3,104        

education programs in connection with which the portion of that    3,105        

amount was so used.                                                             

      As used in this division, "community preventive education    3,107        

programs" includes, but is not limited to, DARE programs and       3,108        

other programs designed to educate adults or children with         3,109        

respect to the dangers associated with the use of drugs of abuse.  3,110        

      (b)  Each sheriff, prosecuting attorney, municipal           3,112        

corporation police department, township police department,         3,113        

township police district police force, office of the constable,    3,114        

or park district police force or law enforcement department that   3,115        

receives in any calendar year any proceeds or forfeited moneys     3,116        

out of a law enforcement trust fund under division (D)(1)(c) of    3,117        

this section or uses any proceeds or forfeited moneys in its law   3,118        

enforcement trust fund in any calendar year shall prepare a        3,119        

report covering the calendar year that cumulates all of the        3,120        

information contained in all of the public financial records kept  3,121        

by the sheriff, prosecuting attorney, municipal corporation        3,122        

police department, township police department, township police     3,123        

district police force, office of the constable, or park district   3,124        

police force or law enforcement department pursuant to division    3,125        

(D)(3)(a) of this section for that calendar year, and shall send   3,126        

a copy of the cumulative report, no later than the first day of    3,127        

March in the calendar year following the calendar year covered by  3,128        

the report, to the attorney general.                               3,129        

      The superintendent of the state highway patrol shall         3,131        

prepare a report covering each calendar year in which the state    3,132        

highway patrol uses any proceeds or forfeited moneys in the state  3,133        

highway patrol contraband, forfeiture, and other fund under        3,134        

division (D)(1)(c) of this section, that cumulates all of the      3,135        

information contained in all of the public financial records kept  3,136        

                                                          79     


                                                                 
by the state highway patrol pursuant to division (D)(3)(a) of      3,137        

this section for that calendar year, and shall send a copy of the  3,138        

cumulative report, no later than the first day of March in the     3,139        

calendar year following the calendar year covered by the report,   3,140        

to the attorney general.                                           3,141        

      The department of public safety shall prepare a report       3,143        

covering each fiscal year in which the department uses any         3,144        

proceeds or forfeited moneys in the liquor enforcement             3,145        

contraband, seizure, and other fund and the food stamp DEPARTMENT  3,146        

OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and    3,147        

other fund under division (D)(1)(c) of this section that           3,148        

cumulates all of the information contained in all of the public    3,149        

financial records kept by the department pursuant to division      3,150        

(D)(3)(a) of this section for that fiscal year.  The department    3,151        

shall send a copy of the cumulative report to the attorney         3,152        

general no later than the first day of August in the fiscal year   3,153        

following the fiscal year covered by the report.  The director of  3,154        

public safety shall include in the report a verification that      3,155        

proceeds and forfeited moneys paid into the liquor enforcement     3,156        

contraband, seizure, and other fund and the food stamp DEPARTMENT  3,157        

OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and    3,159        

other fund under division (D)(1)(c) of this section during the                  

preceding fiscal year were used by the department during that      3,161        

fiscal year only for the purposes authorized by that division and  3,162        

shall specify the amount used for each authorized purpose.         3,163        

      The executive director of the state board of pharmacy shall  3,165        

prepare a report covering each calendar year in which the board    3,166        

uses any proceeds or forfeited moneys in the board of pharmacy     3,167        

drug law enforcement fund under division (D)(1)(c) of this         3,168        

section, that cumulates all of the information contained in all    3,169        

of the public financial records kept by the board pursuant to      3,170        

division (D)(3)(a) of this section for that calendar year, and     3,171        

shall send a copy of the cumulative report, no later than the      3,172        

first day of March in the calendar year following the calendar     3,173        

                                                          80     


                                                                 
year covered by the report, to the attorney general.  Each report  3,174        

received by the attorney general is a public record open for       3,175        

inspection under section 149.43 of the Revised Code.  Not later    3,176        

than the fifteenth day of April in the calendar year in which the  3,178        

reports are received, the attorney general shall send to the       3,179        

president of the senate and the speaker of the house of            3,180        

representatives a written notification that does all of the        3,181        

following:                                                         3,182        

      (i)  Indicates that the attorney general has received from   3,184        

entities or persons specified in this division reports of the      3,186        

type described in this division that cover the previous calendar   3,187        

year and indicates that the reports were received under this                    

division;                                                          3,188        

      (ii)  Indicates that the reports are open for inspection     3,191        

under section 149.43 of the Revised Code;                          3,192        

      (iii)  Indicates that the attorney general will provide a    3,195        

copy of any or all of the reports to the president of the senate   3,196        

or the speaker of the house of representatives upon request.       3,197        

      (4)(a)  A law enforcement agency that receives pursuant to   3,199        

federal law proceeds from a sale of forfeited contraband,          3,200        

proceeds from another disposition of forfeited contraband, or      3,201        

forfeited contraband moneys shall deposit, use, and account for    3,202        

the proceeds or forfeited moneys in accordance with, and           3,203        

otherwise comply with, the applicable federal law.                 3,204        

      (b)  If the state highway patrol receives pursuant to        3,206        

federal law proceeds from a sale of forfeited contraband,          3,207        

proceeds from another disposition of forfeited contraband, or      3,208        

forfeited contraband moneys, the appropriate governmental          3,209        

officials shall deposit into the state highway patrol contraband,               

forfeiture, and other fund all interest or other earnings derived  3,210        

from the investment of the proceeds or forfeited moneys.  The      3,211        

state highway patrol shall use and account for that interest or    3,212        

other earnings in accordance with the applicable federal law.      3,213        

      (c)  If the liquor enforcement INVESTIGATIVE unit of the     3,215        

                                                          81     


                                                                 
department of public safety receives pursuant to federal law       3,216        

proceeds from a sale of forfeited contraband, proceeds from        3,218        

another disposition of forfeited contraband, or forfeited          3,219        

contraband moneys, the appropriate governmental officials shall    3,220        

deposit into the liquor enforcement DEPARTMENT OF PUBLIC SAFETY    3,221        

INVESTIGATIVE UNIT contraband, forfeiture, and other fund all      3,222        

interest or other earnings derived from the investment of the      3,223        

proceeds or forfeited moneys.  The department shall use and        3,224        

account for that interest or other earnings in accordance with     3,225        

the applicable federal law.                                        3,226        

      (d)  If the food stamp fraud unit of the department of       3,229        

public safety receives pursuant to federal law proceeds from a     3,230        

sale of forfeited contraband, proceeds from another disposition    3,231        

of forfeited contraband, or forfeited contraband moneys, the       3,232        

appropriate governmental officials shall deposit into the food     3,233        

stamp contraband, forfeiture, and other fund all interest or       3,234        

other earnings derived from the investment of the proceeds or      3,235        

forfeited moneys.  The department shall use and account for that   3,236        

interest or other earnings in accordance with the applicable       3,237        

federal law.                                                                    

      (e)  Divisions (D)(1) to (3) of this section do not apply    3,239        

to proceeds or forfeited moneys received pursuant to federal law   3,241        

or to the interest or other earnings that are derived from the     3,242        

investment of proceeds or forfeited moneys received pursuant to    3,243        

federal law and that are described in division (D)(4)(b) of this   3,244        

section.                                                                        

      (E)  Upon the sale pursuant to this section of any property  3,246        

that is required to be titled or registered under law, the state   3,247        

shall issue an appropriate certificate of title or registration    3,248        

to the purchaser.  If the state is vested with title pursuant to   3,249        

division (C) of this section and elects to retain property that    3,250        

is required to be titled or registered under law, the state shall  3,251        

issue an appropriate certificate of title or registration.         3,252        

      (F)  Notwithstanding any provisions of this section to the   3,254        

                                                          82     


                                                                 
contrary, any property that is lawfully seized in relation to a    3,255        

violation of section 2923.32 of the Revised Code shall be subject  3,256        

to forfeiture and disposition in accordance with sections 2923.32  3,257        

to 2923.36 of the Revised Code; any property that is forfeited     3,258        

pursuant to section 2923.44 or 2923.45 of the Revised Code in      3,259        

relation to a violation of section 2923.42 of the Revised Code or  3,260        

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   3,261        

and disposition in accordance with sections 2923.44 to 2923.47 of  3,262        

the Revised Code; and any property that is forfeited pursuant to   3,264        

section 2925.42 or 2925.43 of the Revised Code in relation to a    3,265        

felony drug abuse offense, as defined in section 2925.01 of the    3,266        

Revised Code, or in relation to an act that, if committed by an    3,267        

adult, would be a felony drug abuse offense of that nature, may    3,268        

be subject to forfeiture and disposition in accordance with        3,269        

sections 2925.41 to 2925.45 of the Revised Code or this section.   3,270        

      (G)  Any failure of a law enforcement officer or agency, a   3,272        

prosecuting attorney, village solicitor, city director of law, or  3,273        

similar chief legal officer, a court, or the attorney general to   3,274        

comply with any duty imposed by this section in relation to any    3,275        

property seized or with any other provision of this section in     3,276        

relation to any property seized does not affect the validity of    3,277        

the seizure of the property, provided the seizure itself was made  3,278        

in accordance with law, and is not and shall not be considered to  3,279        

be the basis for the suppression of any evidence resulting from    3,280        

the seizure of the property, provided the seizure itself was made  3,281        

in accordance with law.                                            3,282        

      (H)  Contraband that has been forfeited pursuant to          3,284        

division (C) of this section shall not be available for use to     3,285        

pay any fine imposed upon a person who is convicted of or pleads   3,286        

guilty to an underlying criminal offense or a different offense    3,287        

arising out of the same facts and circumstances.                   3,288        

      Sec. 2935.01.  As used in this chapter:                      3,297        

      (A)  "Magistrate" has the same meaning as in section         3,299        

                                                          83     


                                                                 
2931.01 of the Revised Code.                                       3,300        

      (B)  "Peace officer" includes, except as provided in         3,302        

section 2935.081 of the Revised Code, a sheriff; deputy sheriff;   3,304        

marshal; deputy marshal; member of the organized police            3,306        

department of any municipal corporation, including a member of     3,307        

the organized police department of a municipal corporation in an   3,308        

adjoining state serving in Ohio under a contract pursuant to       3,309        

section 737.04 of the Revised Code; member of a police force       3,310        

employed by a metropolitan housing authority under division (D)    3,311        

of section 3735.31 of the Revised Code; member of a police force   3,313        

employed by a regional transit authority under division (Y) of     3,314        

section 306.05 of the Revised Code; state university law           3,315        

enforcement officer appointed under section 3345.04 of the         3,316        

Revised Code; liquor control investigator or food stamp            3,317        

trafficking ENFORCEMENT agent of the department of public safety   3,319        

DESIGNATED UNDER SECTION 5502.14 OF THE REVISED CODE; employee of               

the department of natural resources who is a natural resources     3,320        

law enforcement staff officer designated pursuant to section       3,321        

1501.013 of the Revised Code, a forest officer designated          3,322        

pursuant to section 1503.29 of the Revised Code, a preserve        3,323        

officer designated pursuant to section 1517.10 of the Revised      3,324        

Code, a wildlife officer designated pursuant to section 1531.13    3,325        

of the Revised Code, a park officer designated pursuant to                      

section 1541.10 of the Revised Code, or a state watercraft         3,327        

officer designated pursuant to section 1547.521 of the Revised     3,328        

Code; individual designated to perform law enforcement duties      3,329        

under section 511.232, 1545.13, or 6101.75 of the Revised Code;    3,330        

Ohio veterans' home police officer appointed under section         3,332        

5907.02 of the Revised Code; police constable of any township;     3,333        

and police officer of a township or joint township police          3,334        

district; and, for the purpose of arrests within those areas, and  3,336        

for the purposes of Chapter 5503. of the Revised Code, and the     3,337        

filing of and service of process relating to those offenses        3,338        

witnessed or investigated by them, includes the superintendent     3,339        

                                                          84     


                                                                 
and troopers of the state highway patrol.                          3,340        

      (C)  "Prosecutor" includes the county prosecuting attorney   3,342        

and any assistant prosecutor designated to assist the county       3,343        

prosecuting attorney, and, in the case of courts inferior to       3,345        

courts of common pleas, includes the village solicitor, city       3,346        

director of law, or similar chief legal officer of a municipal     3,347        

corporation, any such officer's assistants, or any attorney        3,348        

designated by the prosecuting attorney of the county to appear     3,350        

for the prosecution of a given case.                                            

      (D)  "Offense," except where the context specifically        3,352        

indicates otherwise, includes felonies, misdemeanors, and          3,353        

violations of ordinances of municipal corporations and other       3,354        

public bodies authorized by law to adopt penal regulations.        3,355        

      Sec. 4301.021.  The director or, beginning on July 1, 1997,  3,364        

the superintendent of liquor control shall exercise all powers     3,365        

and perform all duties created and enjoined by Chapters 4301. and  3,366        

4303. of the Revised Code, except for the powers and duties        3,367        

vested in and enjoined upon the liquor control commission by       3,368        

section 4301.022 of the Revised Code and all chapters and          3,369        

sections of the Revised Code referred to in that section, and      3,370        

except for the powers and duties vested in the department of       3,371        

public safety under sections 5502.61 and 5502.62 5502.13 TO        3,373        

5502.19 of the Revised Code and all provisions of the Revised      3,374        

Code referred to in those sections THAT RELATE TO LIQUOR CONTROL                

ENFORCEMENT.                                                       3,375        

      Sec. 4301.10.  (A)  The department or, beginning on July 1,  3,384        

1997, the division of liquor control shall DO ALL OF THE           3,385        

FOLLOWING:                                                                      

      (1)  Control the traffic in beer and intoxicating liquor in  3,387        

this state, including the manufacture, importation, and sale of    3,389        

beer and intoxicating liquor;                                                   

      (2)  Grant or refuse permits for the manufacture,            3,391        

distribution, transportation, and sale of beer and intoxicating    3,392        

liquor and the sale of alcohol, as authorized or required by this  3,393        

                                                          85     


                                                                 
chapter and Chapter 4303. of the Revised Code; and a certificate   3,394        

signed by the director or, beginning on July 1, 1997, the          3,395        

superintendent of liquor control to which is affixed the official  3,397        

seal of the department or division stating that it appears from    3,398        

the records of the department or division that no permit has been               

issued to the person specified in the certificate, or that a       3,399        

permit, if issued, has been revoked, canceled, or suspended shall  3,401        

be received as prima-facie evidence of the facts recited in the    3,402        

certificate in any court, or before any officer of this state;     3,404        

      (3)  Put into operation, manage, and control a system of     3,406        

state liquor stores for the sale of spirituous liquor at retail    3,407        

and to holders of permits authorizing the sale of spirituous       3,408        

liquor; however, the department or division shall not establish    3,409        

any drive-in state liquor stores; and by means of those types of   3,411        

stores, and any manufacturing plants, distributing and bottling    3,412        

plants, warehouses, and other facilities that it considers         3,413        

expedient, establish and maintain a state monopoly of the          3,414        

distribution of spirituous liquor and its sale in packages or      3,415        

containers; and for that purpose manufacture, buy, import,         3,416        

possess, and sell spirituous liquors as provided in this chapter   3,417        

and Chapter 4303. of the Revised Code, and in the rules            3,418        

promulgated by the director or superintendent of liquor control    3,419        

pursuant to those chapters; lease, or in any manner acquire the    3,421        

use of any land or building required for any of those purposes;    3,422        

purchase any equipment that is required; and borrow money to       3,423        

carry on its business, and issue, sign, endorse, and accept        3,424        

notes, checks, and bills of exchange; but all obligations of the   3,425        

department or division created under authority of this division                 

shall be a charge only upon the moneys received by the department  3,427        

or division from the sale of spirituous liquor and its other       3,429        

business transactions in connection with the sale of spirituous    3,430        

liquor, and shall not be general obligations of the state;         3,432        

      (4)  Enforce the administrative provisions of this chapter   3,434        

and Chapter 4303. of the Revised Code, and the rules and orders    3,436        

                                                          86     


                                                                 
of the liquor control commission and the director or               3,437        

superintendent relating to the manufacture, importation,           3,438        

transportation, distribution, and sale of beer and intoxicating    3,439        

liquors; and the attorney general, any prosecuting attorney, and   3,440        

any prosecuting officer of a municipal corporation or a municipal  3,441        

court shall, at the request of the department or division of       3,442        

liquor control or the department of public safety, prosecute any   3,443        

person charged with the violation of any provision in those        3,444        

chapters or of any section of the Revised Code relating to the     3,445        

manufacture, importation, transportation, distribution, and sale   3,446        

of beer and intoxicating liquor;                                   3,447        

      (5)  Determine the locations of all state liquor stores and  3,449        

manufacturing, distributing, and bottling plants required in       3,450        

connection therewith, subject to this chapter and Chapter 4303.    3,451        

of the Revised Code;                                               3,452        

      (6)  Conduct inspections of liquor permit premises to        3,454        

determine compliance with the administrative provisions of this    3,456        

chapter and Chapter 4303. of the Revised Code and the rules                     

adopted under those provisions by the liquor control commission.   3,457        

      Except as otherwise provided in division (A)(6) of this      3,459        

section, those inspections may be conducted only during those      3,460        

hours in which the permit holder is open for business and only by  3,461        

authorized agents or employees of the department or division or    3,462        

by any peace officer, as this term is defined in section 2935.01   3,463        

of the Revised Code.  Inspections may be conducted at other hours  3,464        

only to determine compliance with laws or commission rules that    3,465        

regulate the hours of sale of beer and intoxicating liquor and     3,466        

only if the investigator has reasonable cause to believe that      3,467        

those laws or rules are being violated.  Any inspection conducted  3,468        

pursuant to division (A)(6) of this section is subject to all of   3,469        

the following requirements:                                        3,470        

      (a)  The only property that may be confiscated is            3,472        

contraband, as defined in section 2901.01 of the Revised Code, or  3,474        

property that is otherwise necessary for evidentiary purposes.     3,475        

                                                          87     


                                                                 
      (b)  A complete inventory of all property confiscated from   3,477        

the premises shall be given to the permit holder or the permit     3,478        

holder's agent or employee by the confiscating agent or officer    3,480        

at the conclusion of the inspection.  At that time, the inventory  3,481        

shall be signed by the confiscating agent or officer and the       3,482        

agent or officer shall give the permit holder or the permit        3,483        

holder's agent or employee the opportunity to sign the inventory.  3,484        

      (c)  Inspections conducted pursuant to division (A)(6) of    3,486        

this section shall be conducted in a reasonable manner.  A         3,487        

finding by any court of competent jurisdiction that the            3,488        

inspection was not conducted in a reasonable manner in accordance  3,489        

with this section or any rules promulgated by the commission may   3,490        

be considered grounds for suppression of evidence.  A finding by   3,491        

the liquor control commission that the inspection was not          3,492        

conducted in a reasonable manner in accordance with this section   3,493        

or any rules promulgated by the commission may be considered       3,494        

grounds for dismissal of the commission case.                      3,495        

      If any court of competent jurisdiction finds that property   3,497        

confiscated as the result of an administrative inspection is not   3,498        

necessary for evidentiary purposes and is not contraband, as       3,499        

defined in section 2901.01 of the Revised Code, the court shall    3,501        

order the immediate return of the confiscated property, provided   3,502        

that property is not contraband or otherwise subject to                         

forfeiture, to the permit holder.  However, the return of this     3,503        

property is not grounds for dismissal of the case.  The            3,504        

commission likewise may order the return of confiscated property   3,505        

if no criminal prosecution is pending or anticipated.              3,506        

      (7)  Delegate to any of its agents or employees any power    3,508        

of investigation that the department or division possesses with    3,509        

respect to the enforcement of any of the administrative laws       3,510        

relating to beer and to intoxicating liquor, provided that this    3,511        

division does not authorize the department or division to          3,513        

designate any agent or employee to serve as a liquor control       3,515        

investigator AN ENFORCEMENT AGENT.  The employment and                          

                                                          88     


                                                                 
designation of liquor control investigators ENFORCEMENT AGENTS     3,517        

shall be within the exclusive authority of the director of public  3,519        

safety pursuant to sections 5502.13 and 5502.61 TO 5502.19 of the  3,520        

Revised Code.                                                                   

      (8)  Except as otherwise provided in division (A)(8) of      3,522        

this section, collect the following fees:                          3,523        

      (a)  An annual twenty-five-dollar registration fee for each  3,525        

representative, registered pursuant to section 4303.25 of the      3,526        

Revised Code, of a beer or intoxicating liquor manufacturer doing  3,527        

business in this state;                                            3,528        

      (b)  A fifty-dollar product registration fee for each new    3,530        

beer or intoxicating liquor product sold in this state.  The       3,531        

product registration fee shall be accompanied by a copy of the     3,532        

federal label and product approval for the new product.            3,533        

      (c)  An annual three-hundred-dollar out-of-state supplier    3,535        

consent-to-import fee from each manufacturer or supplier not       3,536        

subject to division (A)(8)(e) of this section, in addition to an   3,538        

initial application fee of one hundred dollars;                    3,539        

      (d)  An annual twenty-five-dollar registration fee for coil  3,541        

cleaners of beer dispensing equipment doing business in this       3,542        

state.                                                             3,543        

      (e)  An annual one-hundred-dollar out-of-state               3,545        

consent-to-import fee, in addition to an initial application fee   3,546        

of one hundred dollars, from any manufacturer or out-of-state      3,547        

supplier that produced or shipped into this state in the           3,548        

immediately preceding calendar year a total of five hundred or     3,549        

fewer cases of seven-hundred-fifty milliliter equivalent of        3,550        

intoxicating liquor and twelve-ounce equivalent of beer.           3,551        

      Each consent-to-import, representative's registration, and   3,553        

coil cleaner registration issued under division (A)(8) of this     3,555        

section authorizes the person named to carry on the activity                    

specified, is valid for one year, or for the unexpired portion of  3,556        

the year, ending on the uniform expiration date for each, which    3,557        

shall be designated by the department or division, and is subject  3,558        

                                                          89     


                                                                 
to suspension, revocation, cancellation, or fine as authorized by  3,559        

this chapter and Chapter 4303. of the Revised Code.                3,560        

      (9)  Establish a system of electronic data interchange       3,562        

within the department or division and regulate the electronic      3,563        

transfer of information and funds among persons and governmental   3,565        

entities engaged in the manufacture, distribution, and retail      3,566        

sale of alcoholic beverages;                                                    

      (10)  Exercise all other powers expressly or by necessary    3,568        

implication conferred upon the department or division by this      3,569        

chapter and Chapter 4303. of the Revised Code, and all powers      3,570        

necessary for the exercise or discharge of any power, duty, or     3,571        

function expressly conferred or imposed upon the department or     3,572        

division by those chapters.                                        3,573        

      (B)  The department or division may DO ALL OF THE            3,575        

FOLLOWING:                                                                      

      (1)  Sue, but may be sued only in connection with the        3,577        

execution of leases of real estate and the purchases and           3,578        

contracts necessary for the operation of the state liquor stores   3,579        

that are made under this chapter and Chapter 4303. of the Revised  3,580        

Code;                                                              3,581        

      (2)  Enter into leases and contracts of all descriptions     3,583        

and acquire and transfer title to personal property with regard    3,585        

to the sale, distribution, and storage of spirituous liquor        3,586        

within the state;                                                               

      (3)  Terminate at will any lease entered into pursuant to    3,588        

division (B)(2) of this section upon first giving ninety days'     3,590        

notice in writing to the lessor of its intention to do so;         3,591        

      (4)  Fix the wholesale and retail prices at which the        3,593        

various classes, varieties, and brands of spirituous liquor shall  3,594        

be sold by the department DIVISION.  Those retail prices shall be  3,596        

the same at all state liquor stores, except to the extent that a   3,597        

price differential is required to collect a county sales tax       3,598        

levied pursuant to section 5739.021 of the Revised Code and for    3,599        

which tax the tax commissioner has authorized prepayment pursuant  3,600        

                                                          90     


                                                                 
to section 5739.05 of the Revised Code.  In fixing selling         3,601        

prices, the department or division shall compute an anticipated    3,602        

gross profit at least sufficient to provide in each calendar year  3,603        

all costs and expenses of the department or division and also an   3,604        

adequate working capital reserve for the department or division.   3,606        

The gross profit shall not exceed forty per cent of the retail     3,607        

selling price based on costs of the department or division, and    3,608        

in addition the sum required by section 4301.12 of the Revised     3,609        

Code to be paid into the state treasury.  An amount equal to one   3,610        

and one-half per cent of that gross profit shall be paid into the  3,611        

alcoholism-detoxification centers fund created under section       3,612        

4301.30 of the Revised Code and be appropriated by the general     3,613        

assembly from the fund to the department of alcohol and drug       3,614        

addiction services as provided in section 4301.30 of the Revised   3,615        

Code.                                                              3,616        

      On spirituous liquor manufactured in Ohio from the juice of  3,618        

grapes or fruits grown in Ohio, the department or division shall   3,619        

compute an anticipated gross profit of not to exceed ten per       3,620        

cent.  The wholesale prices shall be at a discount of not less     3,621        

than twelve and one-half per cent of the retail selling prices as  3,622        

determined by the department or division in accordance with this   3,623        

section.                                                                        

      (C)  The department or division may approve the expansion    3,625        

or diminution of a premises to which a liquor permit has been      3,626        

issued and may adopt standards governing such an expansion or      3,628        

diminution.                                                                     

      Sec. 4301.21.  The sale of beer or intoxicating liquor for   3,637        

consumption on the premises is subject to the following            3,638        

restrictions, in addition to those imposed by the rules and        3,639        

orders of the department or, beginning on July 1, 1997, the        3,640        

division of liquor control:                                        3,641        

      (A)  Except as otherwise provided in this chapter, beer or   3,643        

intoxicating liquor may be served to a person not seated at a      3,644        

table unless there is reason to believe that the beer or           3,645        

                                                          91     


                                                                 
intoxicating liquor so served will be consumed by a person under   3,646        

twenty-one years of age.                                           3,647        

      (B)  Beer or intoxicating liquor may be served by a hotel    3,649        

in the room of a bona fide guest, and may be sold by a hotel       3,650        

holding a D-5a permit, or a hotel holding a D-3 or D-5 permit      3,651        

that otherwise meets all of the requirements for holding a D-5a    3,652        

permit, by means of a controlled access alcohol and beverage       3,653        

cabinet which THAT shall be located only in the hotel room of a    3,654        

registered guest.  A hotel may sell beer or intoxicating liquor    3,655        

as authorized by its permit to a registered guest by means of a    3,656        

controlled access alcohol and beverage cabinet in accordance with  3,657        

the following requirements:                                        3,658        

      (1)  Only a person twenty-one years of age or older who is   3,660        

a guest registered to stay in a guestroom shall be provided a      3,661        

key, magnetic card, or other similar device necessary to obtain    3,662        

access to the contents of a controlled access alcohol and          3,663        

beverage cabinet in that guestroom.                                3,664        

      (2)  The hotel shall comply with section 4301.22 of the      3,666        

Revised Code in connection with the handling, restocking, and      3,667        

replenishing of the beer and intoxicating liquor in the            3,668        

controlled access alcohol and beverage cabinet.                    3,669        

      (3)  The hotel shall replenish or restock beer and           3,671        

intoxicating liquor in any controlled access alcohol and beverage  3,672        

cabinet only during the hours during which the hotel may serve or  3,673        

sell beer and intoxicating liquor.                                 3,674        

      (4)  The registered guest shall verify in writing that he    3,676        

THE GUEST has read and understands the language which THAT shall   3,677        

be posted on the controlled access alcohol and beverage cabinet    3,678        

as required by division (B)(5) of this section.                    3,679        

      (5)  A hotel authorized to sell beer and intoxicating        3,681        

liquor pursuant to division (B) of this section shall post on the  3,682        

controlled access alcohol and beverage cabinet, in conspicuous     3,683        

language, the following notice:                                    3,684        

      "The alcoholic beverages contained in this cabinet shall     3,686        

                                                          92     


                                                                 
not be removed from the premises."                                 3,687        

      (6)  The hotel shall maintain a record of each sale of beer  3,689        

or intoxicating liquor made by the hotel by means of a controlled  3,690        

access alcohol and beverage cabinet for any period in which the    3,691        

permit holder is authorized to hold the permit pursuant to         3,692        

sections 4303.26 and 4303.27 of the Revised Code and any           3,693        

additional period during which an applicant exercises its right    3,694        

to appeal a rejection by the department or division of liquor      3,695        

control to renew a permit pursuant to section 4303.271 of the      3,696        

Revised Code. The records maintained by the hotel shall comply     3,697        

with both of the following:                                        3,698        

      (a)  Include the name, address, age, and signature of each   3,700        

hotel guest who is provided access by the hotel to a controlled    3,701        

access alcohol and beverage cabinet pursuant to division (B)(1)    3,702        

of this section;                                                   3,703        

      (b)  Be made available during business hours to authorized   3,705        

agents of the department or division of liquor control pursuant    3,706        

to division (A)(6) of section 4301.10 of the Revised Code or to    3,707        

liquor control investigators ENFORCEMENT AGENTS of the department  3,708        

of public safety pursuant to section 5502.26 SECTIONS 5502.13 TO   3,709        

5502.19 of the Revised Code.                                       3,710        

      (7)  The hotel shall observe all other applicable rules      3,712        

adopted by the department or division of liquor control and the    3,713        

liquor control commission.                                         3,714        

      (C)  Neither the seller nor the liquor control commission    3,716        

by its regulations shall require the purchase of food with the     3,717        

purchase of beer or intoxicating liquor; nor shall the seller of   3,718        

beer or intoxicating liquor give away food of any kind in          3,719        

connection with the sale of beer or intoxicating liquor, except    3,720        

as authorized by rule of the liquor control commission.            3,721        

      (D)  The seller shall not permit the purchaser to remove     3,723        

beer or intoxicating liquor so sold from the premises.             3,724        

      (E)  A hotel authorized to sell beer and intoxicating        3,726        

liquor pursuant to division (B) of this section shall provide a    3,727        

                                                          93     


                                                                 
registered guest with the opportunity to refuse to accept a key,   3,728        

magnetic card, or other similar device necessary to obtain access  3,729        

to the contents of a controlled access alcohol and beverage        3,730        

cabinet in that guest room.  If a registered guest refuses to      3,731        

accept such key, magnetic card, or other similar device, the       3,732        

hotel shall not assess any charges on the registered guest for     3,733        

use of the controlled access alcohol and beverage cabinet in that  3,734        

guest room.                                                        3,735        

      Sec. 4301.31.  Except as provided in section 4301.28 of the  3,744        

Revised Code, no court, other than the court of common pleas of    3,745        

Franklin county, has jurisdiction of any action against the        3,746        

liquor control commission, liquor control investigators            3,747        

ENFORCEMENT AGENTS of the department of public safety, the         3,748        

director or, beginning on July 1, 1997, the superintendent of      3,750        

liquor control, or the department or, beginning on July 1, 1997,   3,751        

the division of liquor control, to restrain the exercise of any    3,753        

power or to compel the performance of any duty under Chapters      3,754        

4301. and 4303. of the Revised Code.  Neither the department or    3,755        

division, the members of the commission, the liquor control        3,756        

investigators ENFORCEMENT AGENTS, nor the director or              3,758        

superintendent is personally liable in any action at law for       3,759        

damages sustained by any person because of any acts done by the    3,760        

department or division, the commission, the liquor control         3,761        

investigators ENFORCEMENT AGENTS, or the director or               3,762        

superintendent, or any employee of the department or division, in  3,763        

the performance of his OFFICIAL duties and the administration of   3,764        

such THOSE chapters.                                               3,765        

      Sec. 4301.53.  The judge of a court of record may issue      3,773        

warrants to search a house, building, place, vehicle, watercraft,  3,774        

aircraft, or conveyance for beer, alcohol, or intoxicating liquor  3,775        

manufactured, possessed, stored, concealed, sold, furnished,       3,776        

given away, or transported in violation of Chapters 4301. and      3,777        

4303. of the Revised Code, and the containers in which the same    3,778        

is found, or machinery, tools, implements, equipment, supplies,    3,779        

                                                          94     


                                                                 
and materials used or kept for use in manufacturing beer or        3,780        

intoxicating liquor in violation of such THOSE chapters, and to    3,781        

seize any of such THAT property and things found therein IN IT,    3,784        

together with the vehicle, watercraft, aircraft, or conveyance in  3,785        

which the same is found.  The issuance of such THOSE warrants is   3,786        

subject in all respects to sections 2933.22 to 2933.27 of the      3,788        

Revised Code; except that any such vehicle, watercraft, aircraft,  3,789        

or other conveyance shall be returned to its owner upon execution  3,790        

by him THE OWNER of a bond with surety to the satisfaction of the  3,792        

liquor control investigator ENFORCEMENT AGENT of the department    3,794        

of public safety or other law enforcement officer making the                    

seizure in an equal amount to its value, conditioned upon its      3,796        

return to the custody of such AGENT OR officer on the day of       3,797        

trial to abide by the judgment of the court.  Upon conviction of   3,798        

any violation of Chapters 4301. and 4303. of the Revised Code,     3,799        

any property found in the possession of the person convicted or    3,800        

the person's agent or employee shall be disposed of as provided    3,801        

in section 4301.45 of the Revised Code.  If the accused is         3,802        

discharged by the judge or magistrate, such vehicle, watercraft,   3,803        

aircraft, or other conveyance shall be returned to its owner, and  3,804        

any bond given pursuant to this section shall be canceled.  If     3,805        

the accused is the holder of a permit issued under Chapters 4301.  3,806        

and 4303. of the Revised Code, any beer, intoxicating liquor, or   3,807        

alcohol seized shall be disposed of as provided in section         3,809        

4301.29 of the Revised Code, and any other property seized shall   3,810        

be returned to its owner by the officer having the custody or      3,811        

possession of such property.  If the accused is not the holder of  3,812        

such a permit in force at the time, any beer, intoxicating         3,813        

liquor, or alcohol that was not illegally manufactured shall be    3,814        

forfeited to the state and shall forthwith be disposed of under    3,815        

section 2933.41 of the Revised Code.  Illegally manufactured       3,816        

beer, intoxicating liquor, or alcohol, and other property, except  3,817        

as provided in this section, shall be destroyed, and any such      3,818        

beer, intoxicating liquor, or alcohol, or other property is        3,819        

                                                          95     


                                                                 
hereby declared to be a public nuisance.                           3,820        

      Sec. 4301.66.  No person shall hinder or obstruct any agent  3,829        

or employee of the department or, beginning on July 1, 1997, the   3,830        

division of liquor control, any liquor control investigator        3,831        

ENFORCEMENT AGENT of the department of public safety, or any       3,832        

officer of the law, from making inspection or search of any        3,833        

place, other than a bona fide private residence, where beer or     3,834        

intoxicating liquor is possessed, kept, sold, or given away.       3,835        

      Sec. 4501.03.  The registrar of motor vehicles shall open    3,843        

an account with each county and district of registration in the    3,844        

state, and may assign each county and district of registration in  3,845        

the state a unique code for identification purposes.  Except as    3,846        

provided in section 4501.14, section 4501.044, or division (B)(1)  3,848        

of section 4501.045 of the Revised Code, the registrar shall pay   3,849        

all moneys the registrar receives under sections 4503.02,          3,851        

4503.12, and 4504.09 of the Revised Code into the state treasury   3,852        

to the credit of the auto registration distribution fund, which    3,853        

is hereby created, for distribution in the manner provided for in  3,854        

this section and sections 4501.04, 4501.041, 4501.042, and         3,855        

4501.043 of the Revised Code.  All other moneys received by the    3,856        

registrar shall be deposited in the state bureau of motor          3,857        

vehicles fund established in section 4501.25 of the Revised Code   3,858        

for the purposes enumerated in that section, unless otherwise                   

provided by law.                                                   3,859        

      All moneys credited to the auto registration distribution    3,861        

fund shall be distributed to the counties and districts of         3,862        

registration, except for funds received by the registrar under     3,863        

section 4504.09 of the Revised Code, after receipt of              3,864        

certifications from the commissioners of the sinking fund          3,865        

certifying, as required by sections 5528.15 and 5528.35 of the     3,866        

Revised Code, that there are sufficient moneys to the credit of    3,867        

the highway improvement bond retirement fund created by section    3,868        

5528.12 of the Revised Code to meet in full all payments of        3,869        

interest, principal, and charges for the retirement of bonds and   3,870        

                                                          96     


                                                                 
other obligations issued pursuant to Section 2g of Article VIII,   3,871        

Ohio Constitution, and sections 5528.10 and 5528.11 of the         3,872        

Revised Code due and payable during the current calendar year,     3,873        

and that there are sufficient moneys to the credit of the highway  3,874        

obligations bond retirement fund created by section 5528.32 of     3,875        

the Revised Code to meet in full all payments of interest,         3,876        

principal, and charges for the retirement of highway obligations   3,877        

issued pursuant to Section 2i of Article VIII, Ohio Constitution,  3,878        

and sections 5528.30 and 5528.31 of the Revised Code due and       3,879        

payable during the current calendar year, in the manner provided   3,880        

in section 4501.04 of the Revised Code.                            3,881        

      The treasurer of state may invest any portion of the moneys  3,883        

credited to the auto registration distribution fund, in the same   3,884        

manner and subject to all the laws with respect to the investment  3,885        

of state funds by the treasurer of state, and all investment       3,886        

earnings of the fund shall be credited to the fund.                3,888        

      Once each month the registrar shall prepare vouchers in      3,890        

favor of the county auditor of each county for the amount of the   3,891        

tax collection pursuant to sections 4503.02 and 4503.12 of the     3,892        

Revised Code apportioned to the county and to the districts of     3,893        

registration located wholly or in part in the county auditor's     3,895        

county.  The county auditor shall distribute the proceeds of the                

tax collections due the county and the districts of registration   3,897        

in the manner provided in section 4501.04 of the Revised Code.     3,898        

      Once each month the registrar also shall prepare vouchers    3,900        

in favor of the county auditor of each county levying a county     3,901        

motor vehicle license tax pursuant to section 4504.02, 4504.15,    3,902        

or 4504.16 of the Revised Code and of each county in which is      3,903        

located one or more townships levying a township motor vehicle     3,904        

license tax pursuant to section 4504.18 of the Revised Code for    3,905        

the amount of the tax due the county or townships in the county.   3,906        

      All moneys received by the registrar under sections          3,908        

4503.02, 4503.12, and 4504.09 of the Revised Code shall be         3,909        

distributed to counties, townships, and municipal corporations     3,910        

                                                          97     


                                                                 
within thirty days of the expiration of the registration year,     3,911        

except that a sum equal to five per cent of the total amount       3,912        

received under sections 4503.02 and 4503.12 of the Revised Code    3,913        

may be reserved to make final adjustments in accordance with the   3,914        

formula for distribution set forth in section 4501.04 of the       3,915        

Revised Code.  If amounts set aside to make the adjustments are    3,916        

inadequate, necessary adjustments shall be made immediately out    3,917        

of funds available for distribution for the following two          3,918        

registration years.                                                3,919        

      Sec. 4501.10.  All (A)  EXCEPT AS PROVIDED IN DIVISION (B)   3,928        

OF THIS SECTION, money received by the department of public        3,929        

safety from the sale of motor vehicles and related equipment       3,930        

pursuant to section 125.13 of the Revised Code shall be            3,931        

transferred to the highway safety salvage and exchange                          

administration fund, highway safety salvage and exchange bureau    3,932        

of motor vehicles fund, or highway safety salvage and exchange     3,933        

highway patrol fund, as appropriate.  Such funds are hereby        3,935        

created in the state treasury.  The money shall be used only to    3,936        

purchase replacement motor vehicles and related equipment.  All    3,937        

investment earnings of these funds shall be credited to the                     

funds, respectively.                                               3,938        

      (B)  MONEY RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY FROM  3,940        

THE SALE OF MOTOR VEHICLES AND RELATED EQUIPMENT OF THE BUREAU OF  3,941        

MOTOR VEHICLES PURSUANT TO SECTION 125.13 OF THE REVISED CODE      3,942        

SHALL BE TRANSFERRED TO THE STATE BUREAU OF MOTOR VEHICLES FUND    3,943        

CREATED BY SECTION 4501.25 OF THE REVISED CODE.                                 

      Sec. 4501.27.  (A)  Except as provided in division (B) of    3,953        

this section, on and after September 13, 1997, the registrar of    3,954        

motor vehicles, and any employee or contractor of the bureau of    3,955        

motor vehicles, shall not knowingly disclose or otherwise make     3,957        

available to any person or entity any personal information about   3,958        

an individual that the bureau obtained in connection with a motor  3,960        

vehicle record.                                                                 

      (B)(1)  On and after September 13, 1997, the registrar of    3,963        

                                                          98     


                                                                 
motor vehicles, or an employee or contractor of the bureau of      3,964        

motor vehicles, shall disclose personal information about an       3,966        

individual that the bureau obtained in connection with a motor     3,967        

vehicle record, for use in connection with any of the following    3,968        

matters to carry out the purposes of any specified federal                      

automobile-related act:                                            3,969        

      (a)  Motor vehicle or driver safety and theft;               3,971        

      (b)  Motor vehicle emissions;                                3,973        

      (c)  Motor vehicle product alterations, recalls, or          3,975        

advisories;                                                        3,976        

      (d)  Performance monitoring of motor vehicles and dealers    3,979        

by motor vehicle manufacturers;                                                 

      (e)  Removal of non-owner records from the original owner    3,982        

records of motor vehicle manufacturers.                                         

      (2)  In addition to the disclosure required under division   3,984        

(B)(1) of this section, on and after September 13, 1997, the       3,986        

registrar, or an employee or contractor of the bureau of motor     3,987        

vehicles, may disclose personal information about an individual    3,988        

that the bureau obtained in connection with a motor vehicle        3,989        

record, as follows:                                                             

      (a)  For the use of a government agency, including, but not  3,992        

limited to, a court or law enforcement agency, in carrying out                  

its functions, or for the use of a private person or entity        3,993        

acting on behalf of an agency of this state, another state, the    3,994        

United States, or a political subdivision of this state or         3,996        

another state in carrying out its functions;                                    

      (b)  For use in connection with matters regarding motor      3,999        

vehicle or driver safety and theft; motor vehicle emissions;                    

motor vehicle product alterations, recalls, or advisories;         4,000        

performance monitoring of motor vehicles, motor vehicle parts,     4,001        

and dealers; motor vehicle market research activities, including,  4,003        

but not limited to, survey research; and removal of non-owner      4,004        

records from the original owner records of motor vehicle                        

manufacturers;                                                     4,005        

                                                          99     


                                                                 
      (c)  For use in the normal course of business by a           4,007        

legitimate business or an agent, employee, or contractor of a      4,008        

legitimate business, but only for one of the following purposes:   4,009        

      (i)  To verify the accuracy of personal information          4,011        

submitted to the business, agent, employee, or contractor by an    4,012        

individual;                                                                     

      (ii)  If personal information submitted to the business,     4,015        

agent, employee, or contractor by an individual is incorrect or                 

no longer is correct, to obtain the correct information, but only  4,016        

for the purpose of preventing fraud, by pursuing legal remedies    4,017        

against, or recovering on a debt or security interest against,     4,018        

the individual.                                                                 

      (d)  For use in connection with a civil, criminal,           4,020        

administrative, or arbitral proceeding in a court or agency of     4,021        

this state, another state, the United States, or a political       4,022        

subdivision of this state or another state or before a             4,023        

self-regulatory body, including, but not limited to, use in        4,024        

connection with the service of process, investigation in                        

anticipation of litigation, or the execution or enforcement of a   4,025        

judgment or order;                                                 4,026        

      (e)  Pursuant to an order of a court of this state, another  4,029        

state, the United States, or a political subdivision of this                    

state or another state;                                            4,030        

      (f)  For use in research activities or in producing          4,032        

statistical reports, provided the personal information is not      4,033        

published, redisclosed, or used to contact an individual;          4,034        

      (g)  For use by an insurer, insurance support organization,  4,037        

or self-insured entity, or by an agent, employee, or contractor                 

of that type of entity, in connection with any claims              4,038        

investigation activity, anti-fraud activity, rating, or            4,039        

underwriting;                                                                   

      (h)  For use in providing notice to the owner of a towed,    4,042        

impounded, immobilized, or forfeited vehicle;                                   

      (i)  For use by any licensed private investigative agency    4,045        

                                                          100    


                                                                 
or licensed security service for any purpose permitted under                    

division (B)(2) of this section;                                   4,046        

      (j)  For use by an employer or by the agent or insurer of    4,049        

an employer to obtain or verify information relating to the                     

holder of a commercial driver's license or permit that is          4,050        

required under the "Commercial Motor Vehicle Safety Act of 1986,"  4,051        

100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter   4,052        

amended;                                                                        

      (k)  For use in connection with the operation of a private   4,055        

toll transportation facility;                                                   

      (l)  For any use not otherwise identified in division        4,057        

(B)(2) of this section that is in response to a request for        4,059        

individual motor vehicle records, if the bureau of motor vehicles  4,060        

has provided both of the following in a clear and conspicuous      4,061        

manner on forms for the issuance or renewal of driver's or         4,062        

commercial driver's licenses, motor vehicle certificates of        4,063        

title, motor vehicle registrations and identification license      4,064        

plates, and identification cards:                                               

      (i)  Notice that personal information collected by the       4,067        

bureau on or in relation to the forms may be disclosed to any                   

person;                                                                         

      (ii)  An opportunity for an individual who completes and     4,070        

submits any of the forms to prohibit disclosures.                               

      (m)  For bulk distribution for surveys, marketing, or        4,072        

solicitations, if the bureau of motor vehicles has implemented     4,073        

methods and procedures to ensure both of the following:            4,074        

      (i)  That individuals are provided, in a clear and           4,077        

conspicuous manner, an opportunity to prohibit uses of this        4,079        

nature;                                                                         

      (ii)  The information will be used, rented, or sold solely   4,082        

for bulk distribution for surveys, marketing, or solicitations,                 

and that those surveys, marketing, and solicitations will not be   4,084        

directed at an individual who has requested in a timely fashion    4,085        

that the surveys, marketing, and solicitations not be directed at  4,086        

                                                          101    


                                                                 
that individual.                                                                

      (n)  For use by a person, state, or state agency that        4,088        

requests the information, if the person, state, or state agency    4,089        

demonstrates that it has obtained the written consent of the       4,090        

individual to whom the information pertains;                       4,091        

      (o)  For any other use specifically authorized by law that   4,094        

is related to the operation of a motor vehicle or to public                     

safety.                                                                         

      (C)  On and after September 13, 1997, an authorized          4,097        

recipient of personal information about an individual that the     4,098        

bureau of motor vehicles obtained in connection with a motor       4,099        

vehicle record, other than a recipient under division (B)(2)(l)    4,100        

or (m) of this section, may resell or redisclose the personal      4,102        

information only for a use permitted under division (B)(1),        4,103        

(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section.  On     4,104        

and after September 13, 1997, an authorized recipient of personal  4,105        

information about an individual under division (B)(2)(l) of this   4,107        

section may resell or redisclose the information for any purpose.  4,108        

On and after September 13, 1997, an authorized recipient of        4,109        

personal information under division (B)(2)(m) of this section may  4,112        

resell or redisclose the information as specified pursuant to                   

that division.  On and after September 13, 1997, an authorized     4,114        

recipient of personal information about an individual under                     

division (B) of this section, other than a recipient under         4,117        

division (B)(2)(l) of this section, that resells or rediscloses    4,118        

any personal information covered by this section must keep for a   4,119        

period of five years a record that identifies each person or       4,120        

entity that receives any of the personal information and the                    

permitted purpose for which the information is to be used, and     4,121        

must make all such records available to the registrar of motor     4,122        

vehicles upon the registrar's request.                             4,123        

      (D)  The registrar of motor vehicles may establish and       4,126        

carry out procedures under which the registrar or the registrar's  4,127        

agents, upon receipt of a request for personal information on or   4,128        

                                                          102    


                                                                 
after September 13, 1997, that does not satisfy any of the         4,130        

criteria for disclosure of the information that are set forth in                

division (B)(1) or (2) of this section, may notify the individual  4,132        

about whom the information was requested, by regular mail, that    4,133        

the request was made.  Any procedures so adopted shall provide                  

that, if the registrar or an agent of the registrar mails the      4,135        

notice to the individual, the registrar or agent shall include     4,136        

with the notice a copy of the request and conspicuously shall      4,137        

include in the notice a statement that the information will not    4,138        

be released unless the individual waives the individual's right    4,139        

to privacy regarding the information that is granted under this                 

section.                                                                        

      (E)  The registrar of motor vehicles may adopt any forms     4,142        

and rules, consistent with but no more restrictive than the                     

requirements of Public Law No. 130-322, Title XXX, 18 U.S.C.       4,147        

2721-2725, that are necessary to carry out the registrar's duties  4,148        

under this section on and after September 13, 1997.                4,149        

      (F)  Divisions (A) to (E) of this section do not apply to    4,152        

the release of any personal information prior to September 13,     4,153        

1997.                                                                           

      (G)  As used in this section:                                4,155        

      (1)  "Motor vehicle record" means a record that pertains to  4,157        

a motor vehicle driver's or commercial driver's license or         4,158        

permit, a motor vehicle certificate of title, a motor vehicle      4,159        

registration or motor vehicle identification license plates, or    4,160        

an identification card issued by the bureau of motor vehicles.     4,161        

      (2)  "Person" has the same meaning as in section 1.59 of     4,163        

the Revised Code and does not include this state, another state,   4,164        

or an agency of this state or another state.                       4,165        

      (3)  "Personal information" means information that           4,167        

identifies an individual, including, but not limited to, an        4,168        

individual's photograph OR DIGITAL IMAGE, social security number,  4,170        

driver or driver's license identification number, name, telephone  4,171        

number, or medical or disability information, or an individual's                

                                                          103    


                                                                 
address other than the five-digit zip code number.  "Personal      4,173        

information" does not include information pertaining to a                       

vehicular accident, driving or traffic violation, or driver's      4,174        

status.                                                                         

      (4)  "Specified federal automobile-related act" means the    4,176        

"automobile information disclosure act," 72 Stat. 325, 15 U.S.C.   4,182        

1231-1233, the "Motor Vehicle Information and Cost Saving Act,"    4,187        

86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and   4,191        

Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381,   4,196        

et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15      4,199        

U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42    4,203        

U.S.C. 7401, et seq., all as now or hereafter amended.             4,205        

      Sec. 4503.102.  (A)  The registrar of motor vehicles shall   4,212        

adopt rules to establish a centralized system of motor vehicle     4,213        

registration renewal by mail.  Any person owning a motor vehicle   4,214        

that was registered in the person's name during the preceding      4,216        

registration year shall renew the registration of the motor        4,217        

vehicle either by mail through the centralized system of           4,218        

registration established under this section or in person at a      4,219        

deputy registrar's office.                                                      

      (B)(1)  No less than forty-five days prior to the            4,221        

expiration date of any motor vehicle registration, the registrar   4,222        

shall mail a renewal notice to the person in whose name the motor  4,223        

vehicle is registered.  The renewal notice shall clearly state     4,224        

that the registration of the motor vehicle may be renewed by mail  4,225        

through the centralized system of registration or in person at a   4,226        

deputy registrar's office and shall be preprinted with             4,227        

information including, but not limited to, the owner's name and    4,228        

residence address as shown in the records of the bureau of motor   4,229        

vehicles, a brief description of the motor vehicle to be           4,230        

registered, notice of the license taxes and fees due on the motor  4,231        

vehicle, the toll-free telephone number of the registrar as        4,232        

required under division (D)(1) of section 4503.031 of the Revised  4,233        

Code, and any additional information the registrar may require by  4,234        

                                                          104    


                                                                 
rule.  The renewal notice shall be sent by regular mail to the     4,236        

owner's last known address as shown in the records of the bureau                

of motor vehicles.                                                 4,237        

      (2)  If the application for renewal of the registration of   4,240        

a motor vehicle is prohibited from being accepted by the           4,241        

registrar or a deputy registrar by division (D) of section         4,242        

2935.27, division (A) of section 2937.221, division (A) of         4,243        

section 4503.13, division (B) of section 4507.168, or division     4,245        

(B)(1) of section 4521.10 of the Revised Code, the registrar is                 

not required to send a renewal notice to the vehicle owner or      4,246        

vehicle lessee.                                                                 

      (C)  The owner of the motor vehicle shall verify the         4,248        

information contained in the notice, sign it, and return it, in    4,249        

person to a deputy registrar or by mail to the registrar,          4,250        

together with a credit card number, when permitted by rule of the  4,251        

registrar, check, or money order in the amount of the              4,252        

registration taxes and fees payable on the motor vehicle and a     4,253        

mail fee of two dollars and twenty-five cents plus postage as      4,254        

indicated on the notice, if the registration is renewed by mail,   4,255        

and an inspection certificate for the motor vehicle as provided    4,256        

in section 3704.14 of the Revised Code.                            4,257        

      (D)  If all registration and transfer fees for the motor     4,259        

vehicle for the preceding year or the preceding period of the      4,260        

current registration year have not been paid, if division (D) of   4,261        

section 2935.27, division (A) of section 2937.221, division (A)    4,262        

of section 4503.13, division (B) of section 4507.168, or division  4,264        

(B)(1) of section 4521.10 of the Revised Code prohibits            4,265        

acceptance of the renewal notice, or if the owner or lessee does   4,267        

not have an inspection certificate for the motor vehicle as        4,268        

provided in section 3704.14 of the Revised Code, if that section   4,269        

is applicable, the license shall be refused and the registrar or   4,270        

deputy registrar shall so notify the owner.  This section does     4,271        

not require the payment of license or registration taxes on a      4,272        

motor vehicle for any preceding year, or for any preceding period  4,273        

                                                          105    


                                                                 
of a year, if the motor vehicle was not taxable for that           4,274        

preceding year or period under section 4503.02, 4503.04, 4503.11,  4,275        

4503.12, or 4503.16 or Chapter 4504. of the Revised Code.          4,276        

      (E)(1)  Failure to receive a renewal notice does not         4,278        

relieve a motor vehicle owner from the responsibility to renew     4,280        

the registration for the motor vehicle.  Any person who has a      4,281        

motor vehicle registered in this state and who does not receive a  4,282        

renewal notice as provided in division (B) of this section prior   4,283        

to the expiration date of the registration shall request an        4,284        

application for registration from the registrar or a deputy        4,285        

registrar and return the signed application and any applicable     4,286        

license taxes and fees to the registrar or deputy registrar.       4,287        

      (2)  If the owner of a motor vehicle submits an application  4,289        

for registration and the registrar is prohibited by division (D)   4,290        

of section 2935.27, division (A) of section 2937.221, division     4,291        

(A) of section 4503.13, division (B) of section 4507.168, or       4,293        

division (B)(1) of section 4521.10 of the Revised Code from        4,294        

accepting the application, the registrar shall return the          4,295        

application and the payment to the owner.                          4,296        

      (F)  Every deputy registrar shall post in a prominent place  4,298        

at the deputy's office a notice informing the public of the mail   4,300        

registration system required by this section, and also shall post  4,301        

a notice that every owner of a motor vehicle and every chauffeur   4,302        

holding a certificate of registration is required to notify the    4,303        

registrar in writing of any change of residence within ten days    4,304        

after the change occurs.  The notice shall be in such form as the  4,305        

registrar prescribes by rule.                                      4,306        

      (G)  The two dollars and twenty-five cents fee, plus         4,308        

postage and any credit card surcharge collected by the registrar   4,309        

for registration by mail, shall be paid to the credit of the       4,310        

central registration STATE BUREAU OF MOTOR VEHICLES fund           4,311        

established by section 4501.14 4501.25 of the Revised Code.        4,312        

      (H)  The registrar may implement a program permitting        4,317        

payment of motor vehicle registration taxes and fees, driver's     4,318        

                                                          106    


                                                                 
license and commercial driver's license fees, and any other        4,319        

taxes, fees, penalties, or charges imposed or levied by the state               

by means of a credit card.  The registrar may adopt rules as       4,321        

necessary for this purpose.                                                     

      If a person uses a credit card to pay motor vehicle          4,323        

registration taxes or fees, license fees, or other similar taxes,  4,324        

fees, penalties, or charges imposed or levied by the state as      4,325        

provided in this section, a surcharge sufficient to pay the        4,326        

required service charge of the financial institution or credit     4,327        

card company shall be paid by the person using the credit card.    4,328        

      (I)  For persons who reside in counties where tailpipe       4,330        

emissions inspections are required under the motor vehicle         4,331        

inspection and maintenance program, the notice required by         4,332        

division (B) of this section shall also include the toll-free      4,333        

telephone number maintained by the Ohio environmental protection   4,334        

agency to provide information concerning the locations of          4,335        

emissions testing centers.                                         4,336        

      Sec. 4503.19.  Upon the filing of an application for         4,345        

registration and the payment of the tax therefor FOR               4,347        

REGISTRATION, the registrar of motor vehicles or a deputy          4,348        

registrar shall determine whether the owner PREVIOUSLY has         4,349        

previously been issued license plates for the motor vehicle        4,350        

described in the application.  If no license plates PREVIOUSLY     4,351        

have previously been issued to the owner for that motor vehicle,   4,353        

the registrar or deputy registrar shall assign to the motor        4,354        

vehicle a distinctive number and issue and deliver to the owner    4,355        

in such THE manner as THAT the registrar may select a certificate  4,357        

of registration, in such THE form as THAT the registrar shall      4,359        

prescribe, and, except as otherwise provided in this section, two  4,360        

license plates, duplicates of each other, and a validation         4,361        

sticker, or a validation sticker alone, to be attached to the      4,363        

number plates as provided in section 4503.191 of the Revised       4,365        

Code.  The registrar or deputy registrar also shall charge the     4,366        

owner any fees required under division (C) of section 4503.10 of                

                                                          107    


                                                                 
the Revised Code.  Trailers, manufactured homes, mobile homes,     4,367        

semitrailers, the manufacturer thereof, the dealer, or in transit  4,369        

companies therein, shall be issued one license plate only and one  4,370        

validation sticker, or a validation sticker alone, which AND THE   4,371        

license plate and validation sticker shall be displayed only on    4,373        

the rear of such vehicles.  A commercial tractor that does not     4,374        

receive an apportioned license plate under the international       4,375        

registration plan shall be issued two license plates and one       4,376        

validation sticker, which AND THE validation sticker shall be      4,377        

displayed on the front of the commercial tractor.  An apportioned  4,378        

vehicle receiving an apportioned license plate under the           4,380        

international registration plan shall be issued one license plate  4,381        

only and one validation sticker, or a validation sticker alone;    4,382        

the license plate shall be displayed only on the front of a        4,383        

semitractor and on the rear of all other vehicles.  School buses   4,384        

shall not be issued license plates, but shall bear identifying     4,385        

numbers in the manner prescribed by section 4511.764 of the        4,386        

Revised Code.  The certificate of registration and license plates               

and validation stickers, or validation stickers alone, shall be    4,388        

issued and delivered to the owner in person or by mail.            4,389        

Chauffeured limousines shall be issued license plates, a                        

validation sticker, and a livery sticker as provided in section    4,390        

4503.24 of the Revised Code.  In the event of the loss,            4,391        

mutilation, or destruction of any certificate of registration, or  4,392        

of any license plates or validation stickers, or in the event IF   4,393        

the owner chooses to replace license plates previously issued for  4,395        

a motor vehicle, or IF the registration certificate and license    4,396        

plates have been impounded as provided by division (F)(1) of       4,398        

section 4507.02 and division (A)(2) of section 4507.16 of the      4,399        

Revised Code, the owner of a motor vehicle, or manufacturer or     4,400        

dealer, may obtain from the registrar, or from a deputy registrar  4,401        

if authorized by the registrar, a duplicate thereof or new         4,402        

license plates bearing a different number, if the registrar        4,403        

considers it advisable, upon filing an application prescribed by   4,404        

                                                          108    


                                                                 
the registrar, and upon paying a fee of one dollar for such        4,405        

certificate of registration, a fee of five TWO dollars for each    4,406        

set of two license plates, or three dollars ONE DOLLAR for each    4,407        

single license plate or validation sticker.  In addition, each     4,409        

applicant for a replacement certificate of registration, license   4,411        

plate, or validation sticker shall pay the fees provided in        4,412        

divisions (C) and (D) of section 4503.10 of the Revised Code.                   

      Additionally, the registrar and each deputy registrar who    4,414        

either issues license plates and a validation sticker for use on   4,415        

any vehicle other than a commercial tractor, semitrailer, or       4,417        

apportioned vehicle, or who issues a validation sticker alone for  4,418        

use on such a vehicle and the owner has changed the owner's        4,419        

county of residence since the owner last was issued county         4,420        

identification stickers, also shall issue and deliver to the       4,421        

owner either one or two county identification stickers, as         4,422        

appropriate, which shall be attached to the license plates in a    4,424        

manner prescribed by the director of public safety.  The county    4,425        

identification stickers shall prominently identify PROMINENTLY by  4,427        

name or number the county in which the owner of the vehicle        4,428        

resides at the time of registration.                               4,429        

      Sec. 4505.06.  (A)  Application for a certificate of title   4,438        

shall be made in a form prescribed by the registrar of motor       4,439        

vehicles, and shall be sworn to before a notary public or other    4,440        

officer empowered to administer oaths.  The application shall be   4,441        

filed with the clerk of the court of common pleas of the county    4,442        

in which the applicant resides if the applicant is a resident of   4,443        

this state or, if not a resident, in the county in which the       4,444        

transaction is consummated.  An application for a certificate of   4,446        

title may be filed electronically by electronic image              4,447        

transmission in any county in which the clerk of the court of      4,448        

common pleas permits an application to be filed electronically.    4,449        

The signature of an officer empowered to administer oaths that     4,450        

appears on an application for a certificate of title, or on any    4,451        

other document required to be filed by this chapter that has been  4,452        

                                                          109    


                                                                 
filed electronically, is not a facsimile signature as defined in   4,453        

section 9.10 of the Revised Code.  Any payments required by this   4,455        

chapter shall be considered as accompanying any electronically     4,456        

transmitted application when payment actually is received by the   4,457        

clerk.  Payment of any fee or taxes may be made by electronic      4,458        

transfer of funds.                                                              

      The application for a certificate of title shall be          4,460        

accompanied by the fee prescribed in section 4505.09 of the        4,461        

Revised Code; and if a certificate of title previously has been    4,462        

issued for the motor vehicle in this state, it shall be            4,463        

accompanied by that certificate of title duly assigned, unless     4,464        

otherwise provided in this chapter.  If a certificate of title     4,465        

previously has not been issued for the motor vehicle in this       4,466        

state, the application, unless otherwise provided in this          4,467        

chapter, shall be accompanied by a manufacturer's or importer's    4,468        

certificate or by a certificate of title, bill of sale, or other   4,470        

evidence of ownership required by the law of another state from    4,471        

which the motor vehicle was brought into this state.  If the                    

application refers to a motor vehicle last previously registered   4,472        

in another state, the application also shall be accompanied by     4,473        

the physical inspection certificate required by section 4505.061   4,474        

of the Revised Code.  If the application is made by two persons    4,475        

regarding a motor vehicle in which they wish to establish joint    4,476        

ownership with right of survivorship they may do so as provided    4,477        

in section 2106.17 of the Revised Code.  The clerk shall retain    4,478        

the evidence of title presented by the applicant and on which the  4,479        

certificate of title is issued.  The clerk shall use reasonable    4,480        

diligence in ascertaining whether or not the facts in the          4,481        

application are true by checking the application and documents     4,482        

accompanying it with the records of motor vehicles in the clerk's  4,483        

office; if satisfied that the applicant is the owner of the motor  4,484        

vehicle and that the application is in the proper form, the        4,485        

clerk, within five business days after the application is filed,   4,486        

shall issue a certificate of title over the clerk's signature and  4,487        

                                                          110    


                                                                 
sealed with the clerk's seal.  For purposes of the transfer of a   4,488        

certificate of title, if the clerk is satisfied that the secured   4,489        

party has duly discharged a lien notation, but has not canceled    4,490        

the lien notation with the clerk of the county of origin, the      4,491        

clerk may cancel the lien notation on the automated title          4,492        

processing system and notify the clerk of the county of origin.    4,493        

      In the case of the sale of a motor vehicle to a general      4,495        

buyer or user by a dealer, by a motor vehicle leasing dealer       4,496        

selling the motor vehicle to the lessee or, in a case in which     4,497        

the leasing dealer subleased the motor vehicle, the sublessee, at  4,498        

the end of the lease agreement or sublease agreement, or by a      4,499        

manufactured home broker, the certificate of title shall be        4,500        

obtained in the name of the buyer by the dealer, leasing dealer,   4,502        

or the manufactured home broker, as the case may be, upon          4,503        

application signed by the buyer.  The certificate of title shall   4,504        

be issued within five business days after the application for      4,505        

title is filed with the clerk.  If the buyer of the motor vehicle  4,506        

previously leased the motor vehicle and is buying the motor        4,508        

vehicle at the end of the lease pursuant to that lease, the        4,509        

certificate of title shall be obtained in the name of the buyer                 

by the motor vehicle leasing dealer who previously leased the      4,510        

motor vehicle to the buyer or by the motor vehicle leasing dealer  4,511        

who subleased the motor vehicle to the buyer under a sublease      4,512        

agreement.                                                                      

      In all other cases, except as provided in division (D)(2)    4,514        

of section 4505.11 of the Revised Code, such certificates shall    4,515        

be obtained by the buyer.  In all cases of transfer of a motor     4,517        

vehicle, the application for certificate of title shall be filed   4,518        

within thirty days after the assignment or delivery of the motor   4,519        

vehicle.  If an application for a certificate of title is not      4,520        

filed within that period, the clerk shall collect a fee of five    4,521        

dollars for the issuance of the certificate, except that no such   4,522        

fee shall be required from a motor vehicle salvage dealer, as      4,523        

defined in division (A) of section 4738.01 of the Revised Code,    4,524        

                                                          111    


                                                                 
who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      4,525        

established by this chapter, and shall be retained by the clerk.   4,526        

The registrar shall provide, on the certificate of title form      4,527        

prescribed by section 4505.07 of the Revised Code, language        4,528        

necessary to give evidence of the date on which the assignment or  4,529        

delivery of the motor vehicle was made.                            4,530        

      As used in this division, "lease agreement," "lessee," and   4,532        

"sublease agreement" have the same meanings as in section 4505.04  4,533        

of the Revised Code.                                                            

      (B)  The clerk, except as provided in this section, shall    4,535        

refuse to accept for filing any application for a certificate of   4,536        

title and shall refuse to issue a certificate of title unless the  4,537        

dealer or manufactured home broker or the applicant, in cases in   4,538        

which the certificate shall be obtained by the buyer, submits      4,539        

with the application payment of the tax levied by or pursuant to   4,540        

Chapters 5739. and 5741. of the Revised Code.  Upon payment of     4,541        

the tax in accordance with division (E) of this section, the       4,542        

clerk shall issue a receipt prescribed by the registrar and        4,543        

agreed upon by the tax commissioner showing payment of the tax or  4,544        

a receipt issued by the commissioner showing the payment of the    4,545        

tax.  When submitting payment of the tax to the clerk, a dealer    4,546        

shall retain any discount to which the dealer is entitled under    4,547        

section 5739.12 of the Revised Code.                                            

      For receiving and disbursing such taxes paid to the clerk,   4,549        

the clerk may retain a poundage fee of one and one one-hundredth   4,550        

per cent, which shall be paid into the certificate of title        4,551        

administration fund created by section 325.33 of the Revised       4,553        

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    4,555        

in section 4517.01 of the Revised Code, the price for the purpose  4,557        

of determining the tax shall be the purchase price on the          4,558        

assigned certificate of title executed by the seller and filed     4,559        

with the clerk by the buyer on a form to be prescribed by the      4,560        

                                                          112    


                                                                 
registrar, which shall be prima-facie evidence of the amount for   4,561        

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    4,563        

title that the odometer reflects mileage in excess of the          4,564        

designed mechanical limit of the odometer, the clerk shall enter   4,565        

the phrase "exceeds mechanical limits" following the mileage       4,566        

designation.  If the transferor indicates on the certificate of    4,567        

title that the odometer reading is not the actual mileage, the     4,568        

clerk shall enter the phrase "nonactual: warning - odometer        4,570        

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    4,572        

the transferor, but is not liable for any errors or omissions of   4,573        

the clerk or those of the clerk's deputies in the performance of   4,574        

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      4,576        

transferor shall swear to the true selling price and, except as    4,577        

provided in this division, the true odometer reading of the motor  4,578        

vehicle.  The registrar may prescribe an affidavit in which the    4,579        

seller and buyer provide information pertaining to the odometer    4,580        

reading of the motor vehicle in addition to that required by this  4,581        

section, as such information may be required by the United States  4,582        

secretary of transportation by rule prescribed under authority of  4,583        

subchapter IV of the "Motor Vehicle Information and Cost Savings   4,584        

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         4,585        

      (2)  Division (C)(1) of this section does not require the    4,588        

giving of information concerning the odometer and odometer         4,589        

reading of a motor vehicle when ownership of a motor vehicle is    4,590        

being transferred as a result of a bequest, under the laws of      4,591        

intestate succession, to a surviving spouse pursuant to section    4,592        

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            4,593        

connection with the creation of a security interest.               4,594        

      (D)  When the transfer to the applicant was made in some     4,596        

other state or in interstate commerce, the clerk, except as        4,597        

provided in this section, shall refuse to issue any certificate    4,598        

                                                          113    


                                                                 
of title unless the tax imposed by or pursuant to Chapter 5741.    4,600        

of the Revised Code has been paid as evidenced by a receipt        4,601        

issued by the tax commissioner, or unless the applicant submits    4,602        

with the application payment of the tax.  Upon payment of the tax  4,603        

in accordance with division (E) of this section, the clerk shall   4,604        

issue a receipt prescribed by the registrar and agreed upon by     4,606        

the tax commissioner, showing payment of the tax.  For receiving   4,607        

and disbursing such taxes paid to the clerk, the clerk may retain  4,608        

a poundage fee of one per cent.  When the vendor is not regularly  4,609        

engaged in the business of selling motor vehicles, the vendor      4,611        

shall not be required to purchase a vendor's license or make       4,612        

reports concerning such sales.                                                  

      (E)  The clerk shall accept any payment of a tax in cash,    4,614        

or by certified check, draft, or money order payable to the clerk  4,615        

and submitted with an application for a certificate of title       4,617        

under division (B) or (D) of this section.  The clerk also may     4,618        

accept payment of the tax by corporate, business, or personal      4,619        

check, credit card, electronic transfer or wire transfer, debit    4,620        

card, or any other accepted form of payment made payable to the    4,621        

clerk.  The clerk may require bonds, guarantees, or letters of     4,622        

credit to ensure the collection of corporate, business, or         4,623        

personal checks.  Any service fee charged by a third party to a    4,624        

clerk for the use of any form of payment may be paid by the clerk  4,625        

from the certificate of title administration fund created in       4,626        

section 325.33 of the Revised Code, or may be assessed by the      4,627        

clerk upon the applicant as an additional fee.  Upon collection,   4,628        

the additional fees shall be paid by the clerk into that                        

certificate of title administration fund.                          4,629        

      The clerk shall make a good faith effort to collect any      4,631        

payment of taxes due but not made because the payment was          4,632        

returned or dishonored, but the clerk is not personally liable     4,633        

for the payment of uncollected taxes or uncollected fees.  The     4,634        

clerk shall notify the tax commissioner of any such payment of     4,635        

taxes that is due but not made and shall furnish such information  4,636        

                                                          114    


                                                                 
to the commissioner as the commissioner requires.  The clerk       4,637        

shall deduct the amount of taxes due but not paid from the         4,638        

clerk's periodic remittance of tax payments, in accordance with                 

procedures agreed upon by the tax commissioner.  The commissioner  4,639        

may collect taxes due by assessment in the manner provided in      4,640        

section 5739.13 of the Revised Code.                                            

      Any person who presents payment that is returned or          4,642        

dishonored for any reason is liable to the clerk for payment of a  4,643        

penalty over and above the amount of the taxes due.  The clerk     4,644        

shall determine the amount of the penalty, which shall be no       4,645        

greater than that amount necessary to compensate the clerk for     4,646        

banking charges, legal fees, or other expenses incurred by the                  

clerk in collecting the returned or dishonored payment.  The       4,647        

remedies and procedures provided in this section are in addition   4,648        

to any other available civil or criminal remedies.  Subsequently   4,649        

collected penalties, poundage, and title fees, less any title fee  4,651        

due the state, from returned or dishonored payments collected by                

the clerk shall be paid into the certificate of title              4,652        

administration fund.  Subsequently collected taxes, less           4,653        

poundage, shall be sent by the clerk to the treasurer of state at  4,654        

the next scheduled periodic remittance of tax payments, with such  4,655        

information as the commissioner may require.  The clerk may abate               

all or any part of any penalty assessed under this division.       4,656        

      (F)  In the following cases, the clerk shall accept for      4,658        

filing such application and shall issue a certificate of title     4,659        

without requiring payment or evidence of payment of the tax:       4,660        

      (1)  When the purchaser is this state or any of its          4,662        

political subdivisions, a church, or an organization whose         4,663        

purchases are exempted by section 5739.02 of the Revised Code;     4,664        

      (2)  When the transaction in this state is not a retail      4,666        

sale as defined by section 5739.01 of the Revised Code;            4,667        

      (3)  When the purchase is outside this state or in           4,669        

interstate commerce and the purpose of the purchaser is not to     4,670        

use, store, or consume within the meaning of section 5741.01 of    4,671        

                                                          115    


                                                                 
the Revised Code;                                                  4,672        

      (4)  When the purchaser is the federal government;           4,674        

      (5)  When the motor vehicle was purchased outside this       4,676        

state for use outside this state;                                  4,677        

      (6)  When the motor vehicle is purchased by a nonresident    4,679        

of this state for immediate removal from this state, and will be   4,680        

permanently titled and registered in another state, as provided    4,681        

by division (B)(23) of section 5739.02 of the Revised Code, and    4,682        

upon presentation of a copy of the affidavit provided by that      4,683        

section, and a copy of the exemption certificate provided by       4,684        

section 5739.03 of the Revised Code.                               4,685        

      The clerk shall forward all payments of taxes, less          4,687        

poundage fee, to the treasurer of state in a manner to be          4,688        

prescribed by the tax commissioner and shall furnish such          4,689        

information to the commissioner as the commissioner requires.      4,690        

      (G)  An application, as prescribed by the registrar and      4,693        

agreed to by the tax commissioner, shall be filled out and sworn                

to by the buyer of a motor vehicle in a casual sale.  The          4,694        

application shall contain the following notice in bold lettering:  4,695        

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     4,696        

are required by law to state the true selling price.  A false      4,697        

statement is in violation of section 2921.13 of the Revised Code   4,699        

and is punishable by six months' imprisonment or a fine of up to   4,700        

one thousand dollars, or both.  All transfers are audited by the   4,701        

department of taxation.  The seller and buyer must provide any     4,702        

information requested by the department of taxation.  The buyer                 

may be assessed any additional tax found to be due."               4,703        

      (H)  The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES     4,705        

OCCURRING ON OR AFTER JANUARY 1, 2000, THE clerk shall accept for  4,706        

filing, pursuant to Chapter 5739. of the Revised Code, an          4,708        

application for a certificate of title for a manufactured home or  4,709        

mobile home without requiring payment of any tax pursuant to       4,710        

section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised    4,712        

Code, or a receipt issued by the tax commissioner showing payment  4,713        

                                                          116    


                                                                 
of the tax.  The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES   4,714        

OCCURRING ON OR AFTER JANUARY 1, 2000, THE applicant shall pay to  4,715        

the clerk a fee of five dollars for each certificate of title      4,717        

issued by the clerk for a manufactured or mobile home.  The clerk  4,718        

shall credit the fee to the county title administration fund, and  4,719        

the fee shall be used to pay the expenses of archiving such        4,720        

certificates pursuant to division (A) of section 4505.08 and       4,722        

division (H)(3) of section 4505.11 of the Revised Code.  The tax   4,723        

commissioner shall administer any tax on a manufactured or mobile  4,724        

home pursuant to Chapters 5739. and 5741. of the Revised Code.     4,726        

      THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 1999.     4,728        

      Sec. 4507.011.  (A)  Each deputy registrar assigned to a     4,737        

driver's license examining station by the registrar of motor       4,738        

vehicles as provided in section 4507.01 of the Revised Code shall  4,739        

remit to the superintendent of the state highway patrol a rental   4,740        

fee equal to the percentage of space occupied by the deputy        4,741        

registrar in the driver's license examining station multiplied by  4,742        

the rental fee paid for the entire driver's license examining      4,743        

station plus a pro rata share of all utility costs.  All such      4,744        

moneys received by the superintendent shall be deposited in the    4,745        

state treasury to the credit of the registrar rental fund, which   4,746        

is hereby created.  The moneys in the fund shall be used by the    4,747        

state highway patrol only to pay the rent and expenses of the      4,748        

driver's license examining stations.  All investment earnings of   4,749        

the fund shall be credited to the fund.                            4,750        

      (B)  Each deputy registrar assigned to a bureau of motor     4,752        

vehicles' location shall reimburse the registrar a monthly         4,753        

building rental fee, including applicable utility charges.  All    4,754        

such moneys received by the registrar shall be deposited into the  4,755        

state treasury to the credit of the facility rentals BUREAU OF     4,756        

MOTOR VEHICLES fund, which is hereby created IN SECTION 4501.25    4,758        

OF THE REVISED CODE.  The moneys in the fund shall be used by the  4,759        

registrar to obtain or lease and maintain deputy registrar         4,760        

facilities.  All investment earnings of the fund shall be                       

                                                          117    


                                                                 
credited to the fund.                                              4,761        

      Sec. 4507.02.  (A)(1)  No person, except those expressly     4,770        

exempted under sections 4507.03, 4507.04, and 4507.05 of the       4,771        

Revised Code, shall operate any motor vehicle upon a highway or    4,772        

any public or private property used by the public for purposes of  4,773        

vehicular travel or parking in this state unless the person has a  4,774        

valid driver's license issued under this chapter or a commercial   4,775        

driver's license issued under Chapter 4506. of the Revised Code.   4,776        

      (2)  No person shall permit the operation of a motor         4,778        

vehicle upon any public or private property used by the public     4,779        

for purposes of vehicular travel or parking knowing the operator   4,780        

does not have a valid driver's license issued to the operator by   4,781        

the registrar of motor vehicles under this chapter or a valid      4,782        

commercial driver's license issued under Chapter 4506. of the      4,783        

Revised Code.                                                      4,784        

      (3)  No person, except a person expressly exempted under     4,786        

sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall  4,787        

operate any motorcycle upon a highway or any public or private     4,788        

property used by the public for purposes of vehicular travel or    4,789        

parking in this state unless the person has a valid license as a   4,790        

motorcycle operator, that was issued upon application by the       4,791        

registrar under this chapter.  The license shall be in the form    4,792        

of an endorsement, as determined by the registrar, upon a          4,793        

driver's or commercial driver's license, if the person has a       4,794        

valid license to operate a motor vehicle or commercial motor       4,795        

vehicle, or in the form of a restricted license as provided in     4,796        

section 4507.14 of the Revised Code, if the person does not have   4,797        

a valid license to operate a motor vehicle or commercial motor     4,798        

vehicle.                                                           4,799        

      (4)  No person shall receive a driver's license, or a        4,801        

motorcycle operator's endorsement of a driver's or commercial      4,802        

driver's license, unless and until the person surrenders to the    4,804        

registrar all valid licenses issued to the person by another       4,805        

jurisdiction recognized by this state.  All surrendered licenses   4,807        

                                                          118    


                                                                 
shall be returned by the registrar to the issuing authority,       4,808        

together with information that a license is now issued in this     4,809        

state.  No person shall be permitted to have more than one valid   4,810        

license at any time.                                               4,811        

      (B)(1)  No person, whose driver's or commercial driver's     4,813        

license or permit or nonresident's operating privilege has been    4,814        

suspended or revoked pursuant to Chapter 4509. of the Revised      4,815        

Code, shall operate any motor vehicle within this state, or        4,816        

knowingly permit any motor vehicle owned by the person to be       4,817        

operated by another person in the state, during the period of the  4,819        

suspension or revocation, except as specifically authorized by     4,820        

Chapter 4509. of the Revised Code.  No person shall operate a      4,821        

motor vehicle within this state, or knowingly permit any motor     4,822        

vehicle owned by the person to be operated by another person in    4,823        

the state, during the period in which the person is required by    4,825        

section 4509.45 of the Revised Code to file and maintain proof of  4,827        

financial responsibility for a violation of section 4509.101 of    4,828        

the Revised Code, unless proof of financial responsibility is      4,829        

maintained with respect to that vehicle.                           4,830        

      (2)  No person shall operate any motor vehicle upon a        4,832        

highway or any public or private property used by the public for   4,833        

purposes of vehicular travel or parking in this state in           4,834        

violation of any restriction of the person's driver's or           4,835        

commercial driver's license imposed under division (D) of section  4,836        

4506.10 or section 4507.14 of the Revised Code.                    4,837        

      (C)  No person, whose driver's or commercial driver's        4,839        

license or permit has been suspended pursuant to section           4,840        

4511.191, section 4511.196, or division (B) of section 4507.16 of  4,841        

the Revised Code, shall operate any motor vehicle within this      4,842        

state until the person has paid the license reinstatement fee      4,843        

required pursuant to division (L) of section 4511.191 of the       4,845        

Revised Code and the license or permit has been returned to the    4,846        

person or a new license or permit has been issued to the person.   4,847        

      (D)(1)  No person, whose driver's or commercial driver's     4,849        

                                                          119    


                                                                 
license or permit or nonresident operating privilege has been      4,850        

suspended or revoked under any provision of the Revised Code       4,851        

other than Chapter 4509. of the Revised Code or under any          4,852        

applicable law in any other jurisdiction in which the person's     4,853        

license or permit was issued, shall operate any motor vehicle      4,854        

upon the highways or streets within this state during the period   4,855        

of the suspension or within one year after the date of the         4,856        

revocation.  No person who is granted occupational driving         4,857        

privileges by any court shall operate any motor vehicle upon the   4,858        

highways or streets in this state except in accordance with the    4,859        

terms of the privileges.                                           4,860        

      (2)  No person, whose driver's or commercial driver's        4,862        

license or permit or nonresident operating privilege has been      4,863        

suspended under division (B) of section 4507.16 of the Revised     4,864        

Code, shall operate any motor vehicle upon the highways or         4,865        

streets within this state during the period of suspension.  No     4,866        

person who is granted occupational driving privileges by any       4,867        

court shall operate any motor vehicle upon the highways or         4,868        

streets in this state except in accordance with the terms of       4,869        

those privileges.                                                  4,870        

      (E)(1)  It is an affirmative defense to any prosecution      4,872        

brought pursuant to division (B), (C), or (D) of this section      4,873        

that the alleged offender drove under suspension or in violation   4,874        

of a restriction because of a substantial emergency, provided      4,875        

that no other person was reasonably available to drive in          4,876        

response to the emergency.                                         4,877        

      (2)  IT IS AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION         4,879        

BROUGHT PURSUANT TO DIVISION (B)(1) OF THIS SECTION THAT THE       4,880        

ORDER OF SUSPENSION RESULTED FROM THE FAILURE OF THE ALLEGED       4,881        

OFFENDER TO RESPOND TO A FINANCIAL RESPONSIBILITY RANDOM           4,882        

VERIFICATION REQUEST UNDER DIVISION (A)(3)(c) OF SECTION 4509.101  4,883        

OF THE REVISED CODE AND THAT, UPON A SHOWING OF PROOF OF           4,886        

FINANCIAL RESPONSIBILITY, THE ALLEGED OFFENDER WAS IN COMPLIANCE   4,887        

WITH DIVISION (A)(1) OF SECTION 4509.101 OF THE REVISED CODE AT    4,888        

                                                          120    


                                                                 
THE TIME OF THE INITIAL FINANCIAL RESPONSIBILITY RANDOM            4,890        

VERIFICATION REQUEST.                                                           

      (F)(1)  If a person is convicted of a violation of division  4,892        

(B), (C), or (D) of this section, the trial judge of any court,    4,893        

in addition to or independent of, any other penalties provided by  4,894        

law or ordinance, shall impound the identification license plates  4,895        

of any motor vehicle registered in the name of the person.  The    4,896        

court shall send the impounded license plates to the registrar,    4,897        

who may retain the license plates until the driver's or            4,898        

commercial driver's license of the owner has been reinstated or    4,899        

destroy them pursuant to section 4503.232 of the Revised Code.     4,900        

      If the license plates of a person convicted of a violation   4,902        

of division (B), (C), or (D) of this section have been impounded   4,903        

in accordance with the provisions of this division, the court      4,904        

shall notify the registrar of that action.  The notice shall       4,905        

contain the name and address of the driver, the serial number of   4,906        

the driver's driver's or commercial driver's license, the serial   4,908        

numbers of the license plates of the motor vehicle, and the        4,909        

length of time for which the license plates have been impounded.   4,910        

The registrar shall record the data in the notice as part of the   4,911        

driver's permanent record.                                         4,912        

      (2)  Any motor vehicle owner who has had the license plates  4,914        

of a motor vehicle impounded pursuant to division (F)(1) of this   4,915        

section may apply to the registrar, or to a deputy registrar, for  4,916        

special license plates which shall conform to the requirements of  4,917        

section 4503.231 of the Revised Code.  The registrar or deputy     4,918        

registrar forthwith shall notify the court of the application      4,919        

and, upon approval of the court, shall issue special license       4,920        

plates to the applicant.  Until the driver's or commercial         4,921        

driver's license of the owner is reinstated, any new license       4,922        

plates issued to the owner also shall conform to the requirements  4,924        

of section 4503.231 of the Revised Code.                           4,925        

      The registrar or deputy registrar shall charge the owner of  4,928        

a vehicle the fees provided in section 4503.19 of the Revised      4,929        

                                                          121    


                                                                 
Code for special license plates that are issued in accordance      4,930        

with this division, except upon renewal as specified in section    4,931        

4503.10 of the Revised Code, when the regular fee as provided in   4,932        

section 4503.04 of the Revised Code shall be charged.  The         4,933        

registrar or deputy registrar shall charge the owner of a vehicle  4,935        

the fees provided in section 4503.19 of the Revised Code whenever               

special license plates are exchanged, by reason of the             4,936        

reinstatement of the driver's or commercial driver's license of    4,937        

the owner, for those ordinarily issued.                            4,938        

      (3)  If an owner wishes to sell a motor vehicle during the   4,940        

time the special license plates provided under division (F)(2) of  4,941        

this section are in use, the owner may apply to the court that     4,943        

impounded the license plates of the motor vehicle for permission   4,944        

to transfer title to the motor vehicle.  If the court is           4,945        

satisfied that the sale will be made in good faith and not for     4,946        

the purpose of circumventing the provisions of this section, it    4,947        

may certify its consent to the owner and to the registrar of       4,948        

motor vehicles who shall enter notice of the transfer of the       4,949        

title of the motor vehicle in the vehicle registration record.     4,950        

      If, during the time the special license plates provided      4,952        

under division (F)(2) of this section are in use, the title to a   4,953        

motor vehicle is transferred by the foreclosure of a chattel       4,954        

mortgage, a sale upon execution, the cancellation of a             4,955        

conditional sales contract, or by order of a court, the court      4,956        

shall notify the registrar of the action and the registrar shall   4,957        

enter notice of the transfer of the title to the motor vehicle in  4,958        

the vehicle registration record.                                   4,959        

      (G)  This section is not intended to change or modify any    4,961        

provision of Chapter 4503. of the Revised Code with respect to     4,962        

the taxation of motor vehicles or the time within which the taxes  4,963        

on motor vehicles shall be paid.                                   4,964        

      Sec. 4509.101.  (A)(1)  No person shall operate, or permit   4,973        

the operation of, a motor vehicle in this state, unless proof of   4,974        

financial responsibility is maintained continuously throughout     4,975        

                                                          122    


                                                                 
the registration period with respect to that vehicle, or, in the   4,976        

case of a driver who is not the owner, with respect to that        4,977        

driver's operation of that vehicle.                                4,978        

      (2)  Whoever violates division (A)(1) of this section shall  4,980        

be subject to the following civil penalties:                       4,981        

      (a)  Suspension of the person's operating privileges and     4,983        

impoundment of the person's license until the person complies      4,984        

with division (A)(5) of this section.  The suspension shall be     4,985        

for a period of not less than ninety days except that if, within   4,986        

five years of the violation, the person's operating privileges     4,987        

are again suspended and the person's license is impounded one or   4,989        

more times for a violation of division (A)(1) of this section,     4,990        

the suspension shall be for a period of not less than one year.    4,991        

Except as provided by section 4509.105 of the Revised Code, the    4,992        

suspension is not subject to revocation, suspension, or            4,993        

occupational or other limited operating privileges.                4,994        

      (b)  In addition to the suspension of an owner's license     4,996        

under division (A)(2)(a) of this section, the suspension of the    4,997        

rights of the owner to register the motor vehicle and the          4,998        

impoundment of the owner's certificate of registration and         4,999        

license plates until the owner complies with division (A)(5) of    5,001        

this section.                                                                   

      (3)  A person to whom this state has issued a certificate    5,003        

of registration for a motor vehicle or a license to operate a      5,004        

motor vehicle or who is determined to have operated any motor      5,005        

vehicle or permitted the operation in this state of a motor        5,006        

vehicle owned by the person shall be required to verify the        5,007        

existence of proof of financial responsibility covering the        5,008        

operation of the motor vehicle or the person's operation of the    5,009        

motor vehicle under any of the following circumstances:            5,010        

      (a)  The person or a motor vehicle owned by the person is    5,012        

involved in a traffic accident that requires the filing of an      5,013        

accident report under section 4509.06 of the Revised Code.         5,014        

      (b)  The person receives a traffic ticket indicating that    5,016        

                                                          123    


                                                                 
proof of the maintenance of financial responsibility was not       5,017        

produced upon the request of a peace officer or state highway      5,018        

patrol trooper made in accordance with division (D)(2) of this     5,020        

section.                                                                        

      (c)  Whenever, in accordance with rules adopted by the       5,022        

registrar, the person is randomly selected by the registrar and    5,023        

requested to provide such verification.                            5,024        

      (4)  An order of the registrar that suspends and impounds a  5,027        

license or registration, or both, shall state the date on or       5,028        

before which the person is required to surrender the person's      5,029        

license or certificate of registration and license plates.  The    5,030        

person is deemed to have surrendered the license or certificate    5,031        

of registration and license plates, in compliance with the order,  5,033        

if the person does either of the following:                                     

      (a)  On or before the date specified in the order,           5,035        

personally delivers the license or certificate of registration     5,036        

and license plates, or causes the delivery of the items, to the    5,038        

registrar;                                                                      

      (b)  Mails the license or certificate of registration and    5,040        

license plates to the registrar in an envelope or container        5,041        

bearing a postmark showing a date no later than the date           5,043        

specified in the order.                                                         

      (5)  The EXCEPT AS PROVIDED IN DIVISION (A)(6) OF THIS       5,045        

SECTION, THE registrar shall not restore any operating privileges  5,047        

or registration rights suspended under this section, return any    5,048        

license, certificate of registration, or license plates impounded  5,049        

under this section, or reissue license plates under section        5,050        

4503.232 of the Revised Code, if the registrar destroyed the       5,051        

impounded license plates under that section, or reissue a license  5,052        

under section 4507.54 of the Revised Code, if the registrar        5,053        

destroyed the suspended license under that section, unless the     5,054        

rights are not subject to suspension or revocation under any       5,055        

other law and unless the person, in addition to complying with     5,056        

all other conditions required by law for reinstatement of the      5,057        

                                                          124    


                                                                 
operating privileges or registration rights, complies with all of  5,058        

the following:                                                                  

      (a)  Pays a financial responsibility reinstatement fee of    5,060        

seventy-five dollars for the first violation of division (A)(1)    5,061        

of this section, two hundred fifty dollars for a second violation  5,062        

of that division, and five hundred dollars for a third or          5,063        

subsequent violation of that division;                             5,064        

      (b)  If the person has not voluntarily surrendered the       5,066        

license, certificate, or license plates in compliance with the     5,067        

order, pays a financial responsibility nonvoluntary compliance     5,068        

fee in an amount, not to exceed fifty dollars, determined by the   5,069        

registrar;                                                                      

      (c)  Files and continuously maintains proof of financial     5,071        

responsibility under sections 4509.44 to 4509.65 of the Revised    5,072        

Code.                                                              5,073        

      (6)  IF THE REGISTRAR ISSUES AN ORDER UNDER DIVISION (A)(2)  5,076        

OF THIS SECTION RESULTING FROM THE FAILURE OF A PERSON TO RESPOND  5,077        

TO A FINANCIAL RESPONSIBILITY RANDOM VERIFICATION REQUEST UNDER    5,078        

DIVISION (A)(3)(c) OF THIS SECTION AND THE PERSON SUCCESSFULLY     5,080        

MAINTAINS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SECTION         5,081        

4507.02 OF THE REVISED CODE OR IS DETERMINED BY THE REGISTRAR OR   5,082        

A DEPUTY REGISTRAR TO HAVE BEEN IN COMPLIANCE WITH DIVISION        5,083        

(A)(1) OF THIS SECTION AT THE TIME OF THE INITIAL FINANCIAL        5,084        

RESPONSIBILITY RANDOM VERIFICATION REQUEST, THE REGISTRAR SHALL    5,086        

DO BOTH OF THE FOLLOWING:                                                       

      (a)  TERMINATE THE ORDER OF SUSPENSION OR IMPOUNDMENT;       5,088        

      (b)  RESTORE THE OPERATING PRIVILEGES AND REGISTRATION       5,090        

RIGHTS OF THE PERSON WITHOUT PAYMENT OF THE FEES ESTABLISHED IN    5,091        

DIVISIONS (A)(5)(a) AND (b) OF THIS SECTION AND WITHOUT A          5,093        

REQUIREMENT TO FILE PROOF OF FINANCIAL RESPONSIBILITY.                          

      (B)(1)  Every party required to file an accident report      5,096        

under section 4509.06 of the Revised Code also shall include with  5,097        

the report a document described in division (G)(1) of this                      

section.                                                           5,098        

                                                          125    


                                                                 
      If the registrar determines, within forty-five days after    5,100        

the report is filed, that an operator or owner has violated        5,101        

division (A)(1) of this section, the registrar shall do all of     5,102        

the following:                                                     5,103        

      (a)  Order the impoundment, with respect to the motor        5,105        

vehicle involved, required under division (A)(2)(b) of this        5,106        

section, of the certificate of registration and license plates of  5,108        

any owner who has violated division (A)(1) of this section;        5,109        

      (b)  Order the suspension required under division (A)(2)(a)  5,111        

of this section of the license of any operator or owner who has    5,112        

violated division (A)(1) of this section;                          5,113        

      (c)  Record the name and address of the person whose         5,115        

certificate of registration and license plates have been           5,116        

impounded or are under an order of impoundment, or whose license   5,117        

has been suspended or is under an order of suspension; the serial  5,118        

number of the person's license; the serial numbers of the          5,120        

person's certificate of registration and license plates; and the   5,121        

person's social security account number, if assigned, or, where    5,122        

the motor vehicle is used for hire or principally in connection    5,123        

with any established business, the person's federal taxpayer       5,124        

identification number.  The information shall be recorded in such  5,125        

a manner that it becomes a part of the person's permanent record,  5,126        

and assists the registrar in monitoring compliance with the        5,127        

orders of suspension or impoundment.                               5,128        

      (d)  Send written notification to every person to whom the   5,130        

order pertains, at the person's last known address as shown on     5,131        

the records of the bureau.  The person, within ten days after the  5,133        

date of the mailing of the notification, shall surrender to the    5,134        

registrar, in a manner set forth in division (A)(4) of this                     

section, any certificate of registration and registration plates   5,135        

under an order of impoundment, or any license under an order of    5,136        

suspension.                                                        5,137        

      (2)  The registrar shall issue any order under division      5,139        

(B)(1) of this section without a hearing.  Any person adversely    5,141        

                                                          126    


                                                                 
affected by the order, within ten days after the issuance of the   5,143        

order, may request an administrative hearing before the                         

registrar, who shall provide the person with an opportunity for a  5,144        

hearing in accordance with this paragraph.  A request for a        5,145        

hearing does not operate as a suspension of the order.  The scope  5,146        

of the hearing shall be limited to whether the person in fact      5,147        

demonstrated to the registrar proof of financial responsibility    5,148        

in accordance with this section.  The registrar shall determine    5,149        

the date, time, and place of any hearing, provided that the        5,150        

hearing shall be held, and an order issued or findings made,       5,151        

within thirty days after the registrar receives a request for a    5,152        

hearing.  If requested by the person in writing, the registrar     5,153        

may designate as the place of hearing the county seat of the       5,154        

county in which the person resides or a place within fifty miles   5,155        

of the person's residence.  The person shall pay the cost of the   5,156        

hearing before the registrar, if the registrar's order of          5,157        

suspension or impoundment is upheld.                               5,158        

      (C)  Any order of suspension or impoundment issued under     5,160        

this section or division (B) of section 4509.37 of the Revised     5,161        

Code may be terminated at any time if the registrar determines     5,162        

upon a showing of proof of financial responsibility that the       5,163        

operator or owner of the motor vehicle was in compliance with      5,164        

division (A)(1) of this section at the time of the traffic         5,165        

offense, motor vehicle inspection, or accident that resulted in    5,167        

the order against the person.  A determination may be made         5,168        

without a hearing.  This division does not apply unless the        5,169        

person shows good cause for the person's failure to present        5,170        

satisfactory proof of financial responsibility to the registrar    5,172        

prior to the issuance of the order.                                             

      (D)(1)  For the purpose of enforcing this section, every     5,174        

peace officer is deemed an agent of the registrar.  Any            5,175        

      (a)  EXCEPT AS PROVIDED IN DIVISION (D)(1)(b) OF THIS        5,178        

SECTION, ANY peace officer who, in the performance of the peace    5,179        

officer's duties as authorized by law, becomes aware of a person   5,181        

                                                          127    


                                                                 
whose license is under an order of suspension, or whose            5,182        

certificate of registration and license plates are under an order  5,183        

of impoundment, pursuant to this section, may confiscate the       5,184        

license, certificate of registration, and license plates, and      5,185        

return them to the registrar.                                      5,186        

      (b)  ANY PEACE OFFICER WHO, IN THE PERFORMANCE OF THE PEACE  5,188        

OFFICER'S DUTIES AS AUTHORIZED BY LAW, BECOMES AWARE OF A PERSON   5,189        

WHOSE LICENSE IS UNDER AN ORDER OF SUSPENSION, OR WHOSE            5,191        

CERTIFICATE OF REGISTRATION AND LICENSE PLATES ARE UNDER AN ORDER  5,192        

OF IMPOUNDMENT RESULTING FROM FAILURE TO RESPOND TO A FINANCIAL    5,193        

RESPONSIBILITY RANDOM VERIFICATION, SHALL NOT, FOR THAT REASON,    5,194        

ARREST THE OWNER OR OPERATOR OR SEIZE THE VEHICLE OR LICENSE       5,195        

PLATES.  INSTEAD, THE PEACE OFFICER SHALL ISSUE A CITATION FOR A                

VIOLATION OF DIVISION (B)(1) OF SECTION 4507.02 OF THE REVISED     5,197        

CODE SPECIFYING THE CIRCUMSTANCES AS FAILURE TO RESPOND TO A       5,198        

FINANCIAL RESPONSIBILITY RANDOM VERIFICATION.                      5,199        

      (2)  A peace officer shall request the owner or operator of  5,201        

a motor vehicle to produce proof of financial responsibility in a  5,202        

manner described in division (G) of this section at the time the   5,204        

peace officer acts to enforce the traffic laws of this state and   5,205        

during motor vehicle inspections conducted pursuant to section     5,206        

4513.02 of the Revised Code.                                       5,207        

      (3)  A peace officer shall indicate on every traffic ticket  5,209        

whether the person receiving the traffic ticket produced proof of  5,210        

the maintenance of financial responsibility in response to the     5,211        

officer's request under division (D)(2) of this section.  The      5,213        

peace officer shall inform every person who receives a traffic     5,214        

ticket and who has failed to produce proof of the maintenance of   5,217        

financial responsibility that the person must submit proof to the  5,218        

traffic violations bureau with any payment of a fine and costs     5,219        

for the ticketed violation or, if the person is to appear in       5,220        

court for the violation, the person must submit proof to the       5,222        

court.                                                                          

      (4)(a)  If a person who has failed to produce proof of the   5,226        

                                                          128    


                                                                 
maintenance of financial responsibility appears in court for a                  

ticketed violation, the court may permit the defendant to present  5,227        

evidence of proof of financial responsibility to the court at      5,229        

such time and in such manner as the court determines to be         5,230        

necessary or appropriate.  The clerk of courts shall provide the   5,231        

registrar with the identity of any person who fails to submit      5,232        

proof of the maintenance of financial responsibility pursuant to   5,233        

division (D)(3) of this section.                                   5,234        

      (b)  If a person who has failed to produce proof of the      5,236        

maintenance of financial responsibility also fails to submit that  5,237        

proof to the traffic violations bureau with payment of a fine and  5,238        

costs for the ticketed violation, the traffic violations bureau    5,239        

shall notify the registrar of the identity of that person.         5,240        

      (5)(a)  Upon receiving notice from a clerk of courts or      5,242        

traffic violations bureau pursuant to division (D)(4) of this      5,243        

section, the registrar shall order the suspension of the license   5,245        

of the person required under division (A)(2)(a) of this section    5,246        

and the impoundment of the person's certificate of registration    5,247        

and license plates required under division (A)(2)(b) of this       5,248        

section, effective thirty days after the date of the mailing of    5,249        

notification.  The registrar also shall notify the person that     5,251        

the person must present the registrar with proof of financial                   

responsibility in accordance with this section, surrender to the   5,252        

registrar the person's certificate of registration, license        5,254        

plates, and license, or submit a statement subject to section      5,255        

2921.13 of the Revised Code that the person did not operate or     5,256        

permit the operation of the motor vehicle at the time of the       5,258        

offense.  Notification shall be in writing and shall be sent to    5,260        

the person at the person's last known address as shown on the      5,261        

records of the bureau of motor vehicles.  The person, within       5,262        

fifteen days after the date of the mailing of notification, shall  5,263        

present proof of financial responsibility, surrender the           5,264        

certificate of registration, license plates, and license to the    5,265        

registrar in a manner set forth in division (A)(4) of this         5,267        

                                                          129    


                                                                 
section, or submit the statement required under this section       5,268        

together with other information the person considers appropriate.  5,269        

      If the registrar does not receive proof or the person does   5,272        

not surrender the certificate of registration, license plates,     5,273        

and license, in accordance with this division, the registrar       5,274        

shall permit the order for the suspension of the license of the    5,276        

person and the impoundment of the person's certificate of          5,279        

registration and license plates to take effect.                    5,280        

      (b)  In the case of a person who presents, within the        5,282        

fifteen-day period, documents to show proof of financial           5,283        

responsibility, the registrar shall terminate the order of         5,284        

suspension and the impoundment of the registration and license     5,285        

plates required under division (A)(2)(b) of this section and       5,286        

shall send written notification to the person, at the person's     5,287        

last known address as shown on the records of the bureau. license  5,288        

      (c)  Any person adversely affected by the order of the       5,290        

registrar under division (D)(5)(a) or (b) of this section, within  5,292        

ten days after the issuance of the order, may request an                        

administrative hearing before the registrar, who shall provide     5,293        

the person with an opportunity for a hearing in accordance with    5,294        

this paragraph.  A request for a hearing does not operate as a     5,295        

suspension of the order.  The scope of the hearing shall be        5,296        

limited to whether the person in fact demonstrated to the          5,297        

registrar proof of financial responsibility in accordance with     5,298        

this section.  The registrar shall determine the date, time, and   5,299        

place of any hearing; provided, that the hearing shall be held,    5,300        

and an order issued or findings made, within thirty days after     5,301        

the registrar receives a request for a hearing.  If requested by   5,302        

the person in writing, the registrar may designate as the place    5,303        

of hearing the county seat of the county in which the person       5,304        

resides or a place within fifty miles of the person's residence.   5,305        

Such person shall pay the cost of the hearing before the           5,306        

registrar, if the registrar's order of suspension or impoundment   5,307        

under division (D)(5)(a) or (b) of this section is upheld.         5,308        

                                                          130    


                                                                 
      (6)  A peace officer may charge an owner or operator of a    5,310        

motor vehicle with a violation of division (B)(1) of section       5,311        

4507.02 of the Revised Code when the owner or operator fails to    5,312        

show proof of the maintenance of financial responsibility          5,313        

pursuant to a peace officer's request under division (D)(2) of     5,315        

this section, if a check of the owner or operator's driving                     

record indicates that the owner or operator, at the time of the    5,316        

operation of the motor vehicle, is required to file and maintain   5,317        

proof of financial responsibility under section 4509.45 of the     5,318        

Revised Code for a previous violation of this chapter.             5,319        

      (7)  Any forms used by law enforcement agencies in           5,321        

administering this section shall be prescribed, supplied, and      5,322        

paid for by the registrar.                                         5,323        

      (8)  No peace officer, law enforcement agency employing a    5,325        

peace officer, or political subdivision or governmental agency     5,326        

that employs a peace officer shall be liable in a civil action     5,327        

for damages or loss to persons arising out of the performance of   5,328        

any duty required or authorized by this section.                   5,329        

      (9)  As used in this division and divisions (E) and (G) of   5,332        

this section, "peace officer" has the meaning set forth in         5,333        

section 2935.01 of the Revised Code.                               5,334        

      (E)  All fees, except court costs, collected under this      5,336        

section shall be paid into the state treasury to the credit of     5,337        

the financial responsibility compliance fund.  The financial       5,338        

responsibility compliance fund shall be used exclusively to cover  5,339        

costs incurred by the bureau in the administration of this         5,340        

section and sections 4503.20, 4507.212, and 4509.81 of the         5,341        

Revised Code, and by any law enforcement agency employing any      5,342        

peace officer who returns any license, certificate of              5,343        

registration, and license plates to the registrar pursuant to      5,345        

division (C) of this section, except that the director of budget   5,347        

and management may transfer excess money from the financial        5,348        

responsibility compliance fund to the state bureau of motor        5,349        

vehicles fund if the registrar determines that the amount of                    

                                                          131    


                                                                 
money in the financial responsibility compliance fund exceeds the  5,351        

amount required to cover such costs incurred by the bureau or a    5,352        

law enforcement agency and requests the director to make the       5,353        

transfer.                                                          5,354        

      All investment earnings of the financial responsibility      5,356        

compliance fund shall be credited to the fund.                     5,357        

      (F)  Chapter 119. of the Revised Code applies to this        5,359        

section only to the extent that any provision in that chapter is   5,360        

not clearly inconsistent with this section.                        5,361        

      (G)(1)  The registrar, court, traffic violations bureau, or  5,364        

peace officer may require proof of financial responsibility to be  5,365        

demonstrated by use of a standard form prescribed by the           5,366        

registrar.  If the use of a standard form is not required, a       5,367        

person may demonstrate proof of financial responsibility under     5,368        

this section by presenting to the traffic violations bureau,       5,369        

court, registrar, or peace officer any of the following documents  5,370        

or a copy of the documents:                                        5,371        

      (a)  A financial responsibility identification card as       5,373        

provided in section 4509.104 of the Revised Code;                  5,374        

      (b)  A certificate of proof of financial responsibility on   5,376        

a form provided and approved by the registrar for the filing of    5,377        

an accident report required to be filed under section 4509.06 of   5,378        

the Revised Code;                                                  5,379        

      (c)  A policy of liability insurance, a declaration page of  5,381        

a policy of liability insurance, or liability bond, if the policy  5,382        

or bond complies with section 4509.20 or sections 4509.49 to       5,383        

4509.61 of the Revised Code;                                       5,384        

      (d)  A bond or certification of the issuance of a bond as    5,386        

provided in section 4509.59 of the Revised Code;                   5,387        

      (e)  A certificate of deposit of money or securities as      5,389        

provided in section 4509.62 of the Revised Code;                   5,390        

      (f)  A certificate of self-insurance as provided in section  5,392        

4509.72 of the Revised Code.                                       5,393        

      (2)  If a person fails to demonstrate proof of financial     5,395        

                                                          132    


                                                                 
responsibility in a manner described in division (G)(1) of this    5,397        

section, the person may demonstrate proof of financial             5,398        

responsibility under this section by any other method that the     5,399        

court or the bureau, by reason of circumstances in a particular    5,400        

case, may consider appropriate.                                    5,401        

      (3)  A motor carrier certificated by the interstate          5,403        

commerce commission or by the public utilities commission may      5,404        

demonstrate proof of financial responsibility by providing a       5,405        

statement designating the motor carrier's operating authority and  5,406        

averring that the insurance coverage required by the               5,407        

certificating authority is in full force and effect.               5,408        

      (4)(a)  A finding by the registrar or court that a person    5,410        

is covered by proof of financial responsibility in the form of an  5,411        

insurance policy or surety bond is not binding upon the named      5,412        

insurer or surety or any of its officers, employees, agents, or    5,413        

representatives and has no legal effect except for the purpose of  5,414        

administering this section.                                        5,415        

      (b)  The preparation and delivery of a financial             5,417        

responsibility identification card or any other document           5,418        

authorized to be used as proof of financial responsibility under   5,419        

this division does not do any of the following:                    5,420        

      (i)  Create any liability or estoppel against an insurer or  5,422        

surety, or any of its officers, employees, agents, or              5,423        

representatives;                                                   5,424        

      (ii)  Constitute an admission of the existence of, or of     5,426        

any liability or coverage under, any policy or bond;               5,427        

      (iii)  Waive any defenses or counterclaims available to an   5,429        

insurer, surety, agent, employee, or representative in an action   5,430        

commenced by an insured or third-party claimant upon a cause of    5,431        

action alleged to have arisen under an insurance policy or surety  5,432        

bond or by reason of the preparation and delivery of a document    5,433        

for use as proof of financial responsibility.                      5,434        

      (c)  Whenever it is determined by a final judgment in a      5,436        

judicial proceeding that an insurer or surety, which has been      5,437        

                                                          133    


                                                                 
named on a document accepted by a court or the registrar as proof  5,438        

of financial responsibility covering the operation of a motor      5,439        

vehicle at the time of an accident or offense, is not liable to    5,440        

pay a judgment for injuries or damages resulting from such         5,441        

operation, the registrar, notwithstanding any previous contrary    5,443        

finding, shall forthwith suspend the operating privileges and                   

registration rights of the person against whom the judgment was    5,444        

rendered as provided in division (A)(2) of this section.           5,445        

      (H)  In order for any document described in division         5,447        

(G)(1)(b) of this section to be used for the demonstration of      5,449        

proof of financial responsibility under this section, the          5,450        

document shall state the name of the insured or obligor, the name  5,451        

of the insurer or surety company, and the effective and            5,452        

expiration dates of the financial responsibility, and designate    5,453        

by explicit description or by appropriate reference all motor      5,454        

vehicles covered which may include a reference to fleet insurance  5,455        

coverage.                                                          5,456        

      (I)  For purposes of this section, "owner" does not include  5,458        

a licensed motor vehicle leasing dealer as defined in section      5,459        

4517.01 of the Revised Code, but does include a motor vehicle      5,460        

renting dealer as defined in section 4549.65 of the Revised Code.  5,462        

Nothing in this section or in section 4509.51 of the Revised Code  5,463        

shall be construed to prohibit a motor vehicle renting dealer      5,464        

from entering into a contractual agreement with a person whereby   5,465        

the person renting the motor vehicle agrees to be solely           5,466        

responsible for maintaining proof of financial responsibility, in  5,468        

accordance with this section, with respect to the operation,       5,469        

maintenance, or use of the motor vehicle during the period of the  5,471        

motor vehicle's rental.                                                         

      (J)  The purpose of this section is to require the           5,473        

maintenance of proof of financial responsibility with respect to   5,474        

the operation of motor vehicles on the highways of this state, so  5,475        

as to minimize those situations in which persons are not           5,476        

compensated for injuries and damages sustained in motor vehicle    5,477        

                                                          134    


                                                                 
accidents.  The general assembly finds that this section contains  5,478        

reasonable civil penalties and procedures for achieving this       5,479        

purpose.                                                           5,480        

      (K)  Nothing in this section shall be construed to be        5,482        

subject to section 4509.78 of the Revised Code.                    5,483        

      (L)  The registrar shall adopt rules in accordance with      5,485        

Chapter 119. of the Revised Code that are necessary to administer  5,486        

and enforce this section.  The rules shall include procedures for  5,487        

the surrender of license plates upon failure to maintain proof of  5,489        

financial responsibility and provisions relating to reinstatement  5,490        

of registration rights, acceptable forms of proof of financial     5,491        

responsibility, and verification of the existence of financial     5,492        

responsibility during the period of registration.                               

      Sec. 4561.021.  There is hereby created in the division of   5,502        

transportation assistance MULTI-MODAL PLANNING AND PROGRAMS of     5,503        

the department of transportation the office of aviation.  The      5,505        

director of transportation shall appoint the administrator of the  5,507        

office of aviation, who shall serve at the pleasure of the         5,508        

director.  The administrator of the office of aviation shall be    5,509        

responsible to the director for the organization, direction, and   5,510        

supervision of the work of the office and the exercise of the      5,511        

powers and the performance of the duties assigned to the office.   5,512        

Subject to Chapter 124. of the Revised Code and civil service      5,513        

regulations, the administrator, with the approval of the                        

director, shall select and appoint the necessary employees.  The   5,514        

director also may employ experts for assistance in any specific    5,515        

matter at a reasonable rate of compensation.                       5,516        

      Sec. 4561.20.  Upon transfer of the title to any aircraft    5,525        

upon which the current license tax has been paid, the transferor   5,526        

shall deliver to the transferee the certificate of registration    5,527        

for such THE aircraft.  The EXPIRES, AND THE transferee shall      5,529        

within forty-eight hours thereafter, return such SUBMIT AN                      

APPLICATION FOR A NEW certificate of registration to the director  5,531        

of transportation, together with an.  THE application for          5,533        

                                                          135    


                                                                 
transfer THE NEW CERTIFICATE of registration on a form prepared    5,534        

by the department of transportation showing the date of transfer   5,535        

of title and the transferee's name and address.  A transfer fee    5,536        

of one dollar shall accompany such application BE MADE IN          5,537        

ACCORDANCE WITH SECTION 4561.18 OF THE REVISED CODE, AND THE                    

TRANSFEREE SHALL PAY THE APPLICABLE LICENSE TAX SPECIFIED IN THAT  5,538        

SECTION.                                                                        

      Sec. 4561.341.  Pursuant to any consultation with the power  5,547        

siting board regarding an application for certification under      5,548        

section 4906.03 or 4906.10 of the Revised Code, the office of      5,549        

aviation of the division of transportation assistance MULTI-MODAL  5,551        

PLANNING AND PROGRAMS of the department of transportation shall    5,552        

review the application to determine whether the facility           5,553        

constitutes or will constitute an obstruction to air navigation    5,554        

based upon the rules adopted under section 4561.32 of the Revised  5,555        

Code.  Upon review of the application, if the office determines    5,556        

that the facility constitutes or will constitute an obstruction    5,557        

to air navigation, it shall provide, in writing, this              5,558        

determination and either the terms, conditions, and modifications  5,559        

that are necessary for the applicant to eliminate the obstruction  5,560        

or a statement that compliance with the obstruction standards may  5,561        

be waived, to the power siting board under section 4906.03 or      5,562        

4906.10 of the Revised Code, as appropriate.                       5,563        

      Sec. 4563.01.  As used in sections 4563.01 to 4563.21 of     5,572        

the Revised Code:                                                  5,574        

      (A)  "Airport" means any area of land designed and set       5,576        

aside for the landing and taking off of aircraft, and for that     5,577        

purpose possessing one or more hard surfaced runways of a length   5,578        

of not less than three thousand five hundred feet, and designed    5,580        

for the storing, repair, and operation of aircraft, and utilized                

or to be utilized in the interest of the public for such           5,581        

purposes, and any area of land designed for such purposes for      5,583        

which designs, plans, and specifications conforming to the above   5,585        

requirements have been approved by the office of aviation of the   5,587        

                                                          136    


                                                                 
division of transportation assistance MULTI-MODAL PLANNING AND     5,588        

PROGRAMS of the department of transportation and for which not     5,589        

less than seventy per cent of the area shown by such designs and   5,591        

plans to constitute the total area has been acquired.  An airport               

is "publicly owned" if the portion thereof used for the landing    5,592        

and taking off of aircraft is owned, operated, leased to, or       5,593        

leased by the United States, any agency or department thereof,     5,594        

this state or any other state, or any political subdivision of     5,595        

this state or any other state, or any other governmental body,                  

public agency, or public corporation, or any combination thereof.  5,596        

      (B)  "Airport hazard" means any structure or object of       5,598        

natural growth or use of land within an airport hazard area that   5,600        

obstructs the air space required for the flight of aircraft in     5,602        

landing or taking off at any airport or is otherwise hazardous to  5,603        

such landing or taking off of aircraft.                                         

      (C)  "Airport hazard area" means any area of land adjacent   5,605        

to an airport that has been declared to be an "airport hazard      5,607        

area" by the office of aviation in connection with any airport     5,609        

approach plan recommended by the office.                           5,610        

      (D)  "Political subdivision" means any municipal             5,612        

corporation, township, or county.                                  5,613        

      (E)  "Person" means any individual, firm, copartnership,     5,615        

corporation, company, association, joint stock association, or     5,616        

body politic and includes any trustee, receiver, assignee, or      5,618        

other similar representative thereof.                                           

      (F)  "Structure" means any erected object, including,        5,620        

without limitation, buildings, towers, smokestacks, and overhead   5,622        

transmission lines.                                                             

      Sec. 4906.10.  (A)  The power siting board shall render a    5,631        

decision upon the record either granting or denying the            5,632        

application as filed, or granting it upon such terms, conditions,  5,633        

or modifications of the construction, operation, or maintenance    5,634        

of the major utility facility as the board considers appropriate.  5,635        

The certificate shall be conditioned upon the facility being in    5,636        

                                                          137    


                                                                 
compliance with standards and rules adopted under sections         5,637        

1501.33, 1501.34, and 4561.32 and Chapters 3704., 3734., and       5,638        

6111. of the Revised Code.  The period of initial operation,       5,639        

under a certificate, shall expire two years after the date on      5,640        

which electric power is first generated by the facility.  During   5,641        

the period of initial operation, the facility shall be subject to  5,642        

the enforcement and monitoring powers of the director of           5,643        

environmental protection under Chapters 3704., 3734., and 6111.    5,644        

of the Revised Code and to the emergency provisions thereunder     5,645        

UNDER THOSE CHAPTERS.  If a major utility facility constructed in  5,647        

accordance with the terms and conditions of its certificate is     5,648        

unable to operate in compliance with all applicable requirements   5,649        

of state laws, rules, and standards pertaining to air pollution,   5,650        

the facility may apply to the director of environmental            5,651        

protection for a conditional operating permit under division (G)   5,652        

of section 3704.03 of the Revised Code and the rules adopted       5,653        

thereunder.  The operation of a major utility facility in          5,654        

compliance with such a conditional operating permit is not in      5,655        

violation of its certificate.  After the expiration of the period  5,656        

of initial operation of a major utility facility, the facility     5,657        

shall be under the jurisdiction of the environmental protection    5,658        

agency and shall comply with all laws, rules, and standards        5,659        

pertaining to air pollution, water pollution, and solid and        5,660        

hazardous waste disposal.                                                       

      The board shall not grant a certificate for the              5,662        

construction, operation, and maintenance of a major utility        5,663        

facility, either as proposed or as modified by the board, unless   5,664        

it finds and determines all of the following:                      5,665        

      (1)  The basis of the need for the facility;                 5,667        

      (2)  The nature of the probable environmental impact;        5,669        

      (3)  That the facility represents the minimum adverse        5,671        

environmental impact, considering the state of available           5,672        

technology and the nature and economics of the various             5,673        

alternatives, and other pertinent considerations;                  5,674        

                                                          138    


                                                                 
      (4)  In the case of an electric transmission line, that the  5,676        

facility is consistent with regional plans for expansion of the    5,677        

electric power grid of the electric systems serving this state     5,678        

and interconnected utility systems and that the facility will      5,679        

serve the interests of electric system economy and reliability;    5,680        

      (5)  That the facility will comply with Chapters 3704.,      5,682        

3734., and 6111. of the Revised Code and all rules and standards   5,683        

adopted under those chapters and under sections 1501.33, 1501.34,  5,684        

and 4561.32 of the Revised Code.  In determining whether the       5,685        

facility will comply with all rules and standards adopted under    5,686        

section 4561.32 of the Revised Code, the board shall consult with  5,687        

the office of aviation of the division of transportation           5,689        

assistance MULTI-MODAL PLANNING AND PROGRAMS of the department of  5,690        

transportation under section 4561.341 of the Revised Code.         5,691        

      (6)  That the facility will serve the public interest,       5,693        

convenience, and necessity;                                        5,694        

      (7)  In addition to the provisions contained in divisions    5,696        

(A)(1) to (6) of this section, and rules adopted thereunder UNDER  5,698        

THOSE DIVISIONS, what its impact will be on the viability as       5,699        

agricultural land of any land in an existing agricultural          5,700        

district established under Chapter 929. of the Revised Code that   5,701        

is located within the site and alternative site of the proposed    5,702        

major utility facility. Rules adopted to evaluate impact under     5,703        

division (A)(7) of this section shall not require the              5,704        

compilation, creation, submission, or production of any            5,705        

information, document, or other data pertaining to land not        5,706        

located within the site and alternative site.                      5,707        

      (8)  That the facility incorporates maximum feasible water   5,709        

conservation practices as determined by the board, considering     5,710        

available technology and the nature and economics of the various   5,711        

alternatives.                                                      5,712        

      (B)  If the board determines that the location of all or a   5,714        

part of the proposed facility should be modified, it may           5,715        

condition its certificate upon that modification, provided that    5,716        

                                                          139    


                                                                 
the municipal corporations and counties, and persons residing      5,717        

therein, affected by the modification shall have been given        5,718        

reasonable notice thereof.                                         5,719        

      (C)  A copy of the decision and any opinion issued           5,721        

therewith shall be served upon each party.                         5,722        

      Sec. 5301.234.  (A)  ANY RECORDED MORTGAGE IS IRREBUTTABLY   5,724        

PRESUMED TO BE PROPERLY EXECUTED, REGARDLESS OF ANY ACTUAL OR      5,726        

ALLEGED DEFECT IN THE WITNESSING OR ACKNOWLEDGMENT ON THE          5,728        

MORTGAGE, UNLESS ONE OF THE FOLLOWING APPLIES:                                  

      (1)  THE MORTGAGOR, UNDER OATH, DENIES SIGNING THE           5,730        

MORTGAGE.                                                                       

      (2)  THE MORTGAGOR IS NOT AVAILABLE, BUT THERE IS OTHER      5,732        

SWORN EVIDENCE OF A FRAUD UPON THE MORTGAGOR.                      5,734        

      (B)  EVIDENCE OF AN ACTUAL OR ALLEGED DEFECT IN THE          5,736        

WITNESSING OR ACKNOWLEDGMENT ON THE MORTGAGE IS NOT EVIDENCE OF    5,738        

FRAUD UPON THE MORTGAGOR AND DOES NOT REBUT THE PRESUMPTION THAT   5,739        

A RECORDED MORTGAGE IS PROPERLY EXECUTED.                                       

      (C)  THE RECORDING OF A MORTGAGE IS CONSTRUCTIVE NOTICE OF   5,741        

THE MORTGAGE TO ALL PERSONS, INCLUDING WITHOUT LIMITATION, A       5,743        

SUBSEQUENT BONA FIDE PURCHASER OR ANY OTHER SUBSEQUENT HOLDER OF   5,744        

AN INTEREST IN THE PROPERTY.  AN ACTUAL OR ALLEGED DEFECT IN THE   5,745        

WITNESSING OR ACKNOWLEDGMENT ON THE RECORDED MORTGAGE DOES NOT     5,747        

RENDER THE MORTGAGE INEFFECTIVE FOR PURPOSES OF CONSTRUCTIVE       5,748        

NOTICE.                                                                         

      Sec. 5501.03.  (A)  The department of transportation shall:  5,757        

      (1)  Exercise and perform such other duties, powers, and     5,759        

functions as are conferred by law on the director, the             5,760        

department, the assistant directors, the deputy directors, or on   5,761        

the divisions of the department;                                   5,762        

      (2)  Coordinate and develop, in cooperation with local,      5,764        

regional, state, and federal planning agencies and authorities,    5,765        

comprehensive and balanced state policy and planning to meet       5,766        

present and future needs for adequate transportation facilities    5,767        

in this state, including recommendations for adequate funding of   5,768        

                                                          140    


                                                                 
the implementation of such planning;                               5,769        

      (3)  Coordinate its activities with those of other           5,771        

appropriate state departments, public agencies, and authorities,   5,772        

and enter into any contracts with such departments, agencies, and  5,773        

authorities as may be necessary to carry out its duties, powers,   5,774        

and functions;                                                     5,775        

      (4)  Cooperate with and assist the public utilities          5,777        

commission in the commission's administration of sections 4907.47  5,778        

to 4907.476 of the Revised Code, particularly with respect to the  5,779        

federal highway administration.                                    5,780        

      (5)  Give particular consideration to the development of     5,782        

policy and planning for public transportation facilities, and to   5,783        

the coordination of associated activities relating thereto, as     5,784        

prescribed under divisions (A)(2) and (3) of this section;         5,785        

      (6)  Conduct, in cooperation with the Ohio legislative       5,787        

service commission, any studies or comparisons of state traffic    5,788        

laws and local traffic ordinances with model laws and ordinances   5,789        

that may be required to meet program standards adopted by the      5,790        

United States department of transportation pursuant to the         5,791        

"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401;          5,792        

      (7)  Prepare, print, distribute, and advertise books, maps,  5,794        

pamphlets, and other information that, in the judgment of the      5,795        

director, will inform the public and other governmental            5,796        

departments, agencies, and authorities as to the duties, powers,   5,797        

and functions of the department;                                   5,798        

      (8)  IN ITS RESEARCH AND DEVELOPMENT PROGRAM, CONSIDER       5,800        

TECHNOLOGIES FOR IMPROVING ROADWAYS, INCLUDING CONSTRUCTION        5,801        

TECHNIQUES AND MATERIALS TO PROLONG PROJECT LIFE, BEING USED OR    5,802        

DEVELOPED BY OTHER STATES THAT HAVE GEOGRAPHIC, GEOLOGIC, OR       5,804        

CLIMATIC FEATURES SIMILAR TO THIS STATE'S, AND COLLABORATE WITH    5,805        

THOSE STATES IN THAT DEVELOPMENT.                                               

      Nothing contained in division (A)(1) of this section shall   5,807        

be held to in any manner affect, limit, restrict, or otherwise     5,808        

interfere with the exercise of powers relating to transportation   5,809        

                                                          141    


                                                                 
facilities by appropriate agencies of the federal government, or   5,810        

by counties, municipal corporations, or other political            5,811        

subdivisions or special districts in this state authorized by law  5,812        

to exercise such powers.                                           5,813        

      (B)  The department may use all appropriate sources of       5,815        

revenue to assist in the development and implementation of rail    5,816        

service as defined by division (C) of section 4981.01 of the       5,817        

Revised Code.                                                      5,818        

      (C)  The director of transportation may enter into           5,820        

contracts with public agencies including political subdivisions,   5,821        

other state agencies, boards, commissions, regional transit        5,822        

authorities, county transit boards, and port authorities, to       5,823        

administer the design, qualification of bidders, competitive bid   5,825        

letting, construction inspection, and acceptance of any projects                

administered by the department, provided the administration of     5,827        

such projects is performed in accordance with all applicable                    

state and federal laws and regulations with oversight by the       5,828        

department.                                                                     

      Sec. 5501.04.  The following divisions are hereby            5,837        

established in the department of transportation:                   5,838        

      (A)  The division of business services;                      5,840        

      (B)  The division of engineering policy;                     5,842        

      (C)  The division of finance;                                5,844        

      (D)  The division of human resources;                        5,846        

      (E)  The division of information technology;                 5,848        

      (F)  The division of multi-modal planning AND PROGRAMS;      5,850        

      (G)  The division of project management;                     5,852        

      (H)  The division of transportation assistance.              5,855        

      The director of transportation shall distribute the duties,  5,856        

powers, and functions of the department among the divisions of     5,857        

the department.                                                    5,858        

      Each division shall be headed by a deputy director, whose    5,861        

title shall be designated by the director, and shall include such  5,862        

THOSE other officers and employees as may be necessary to carry    5,864        

                                                          142    


                                                                 
out the work of the division.  The director shall appoint the      5,865        

deputy director of each division, who shall be in the              5,866        

unclassified civil service of the state and shall serve at the     5,867        

pleasure of the director.  The director shall supervise the work   5,868        

of each division and shall be responsible for the determination    5,869        

of general policies in the performance of the duties, powers, and  5,870        

functions of the department and of each division.  The director    5,871        

shall have complete executive charge of the department, and shall  5,872        

be responsible for the organization, direction, and supervision    5,873        

of the work of the department and the performance of the duties,   5,874        

powers, and functions assigned to each division, and may           5,875        

establish necessary administrative units therein.  The deputy      5,876        

director of each division, with the approval of the director and   5,878        

subject to Chapter 124. of the Revised Code, shall appoint the     5,879        

necessary employees of the division, and may remove such                        

employees for cause.                                               5,880        

      Sec. 5501.07.  In addition to those duties, powers, and      5,889        

functions the director of transportation assigns to it, the        5,890        

office of public transportation of the division of transportation  5,891        

assistance MULTI-MODAL PLANNING AND PROGRAMS:                      5,892        

      (A)  May issue grants from any public transportation grant   5,894        

appropriation to county transit boards, regional transit           5,895        

authorities, regional transit commissions, counties, municipal     5,896        

corporations, and private nonprofit organizations that operate or  5,897        

will operate a public transportation system.                       5,898        

      The director shall establish criteria for the distribution   5,901        

of such grants.  These criteria may include and the director may   5,902        

consider each of the following:                                                 

      (1)  The degree to which comprehensive regional              5,904        

transportation planning goals may be attained through a program    5,905        

for which a grant will be used;                                    5,906        

      (2)  The amount of local financial or other support of       5,908        

public transportation operations and facilities affected by the    5,909        

program;                                                           5,910        

                                                          143    


                                                                 
      (3)  The levels of existing service and fare;                5,912        

      (4)  The degree to which the proposed plan demonstrates      5,914        

approaches of potential value to other local transit boards,       5,915        

authorities, commissions, counties, municipal corporations, and    5,916        

private nonprofit organizations operating public transportation    5,917        

systems;                                                           5,918        

      (5)  The degree to which the grant applicant will use state  5,920        

and local funds to match a federal grant;                          5,921        

      (6)  Such other factors as the director determines.          5,923        

      Any criteria established by the director for the             5,925        

distribution of such grants shall be consistent with the           5,926        

requirements of the United States department of transportation,    5,927        

or any administration in the department, including, but not        5,928        

limited to, the federal transit administration.  The director may  5,931        

designate in the criteria certain dates after which applications   5,932        

for specified portions of the appropriations made for this         5,933        

purpose will not be accepted.                                                   

      (B)  May issue grants from any elderly and handicapped       5,935        

transit fare assistance grant appropriation to county transit      5,936        

boards, regional transit authorities, regional transit             5,937        

commissions, counties, municipal corporations, and private         5,938        

nonprofit organizations that operate or will operate public        5,939        

transportation systems for the purpose of reducing the transit or  5,940        

paratransit fares of elderly or handicapped persons.  The          5,941        

director shall establish criteria for the distribution of such     5,942        

grants.                                                            5,943        

      (C)  May administer provisions of federal public             5,945        

transportation acts or programs applicable within the state,       5,946        

pursuant to an agreement entered into by the director with an      5,947        

appropriate official of the federal agency responsible for         5,949        

implementation of the federal acts or programs.  The federal acts  5,950        

or programs shall include, but are not limited to, programs        5,951        

authorized under the "Act of July 5, 1994," 108 Stat. 785, 49                   

U.S.C.A. 5301, as amended.                                         5,952        

                                                          144    


                                                                 
      (D)  Shall furnish, upon request and within the limits of    5,954        

appropriated funds, guidance in technical or policy matters to a   5,955        

county transit board, regional transit authority, regional         5,956        

transit commission, county, municipal corporation, or private      5,957        

nonprofit organization that operates or proposes to operate a      5,958        

public transportation system, and provide assistance and liaison   5,959        

in the preparation and submission of applications for federal and  5,960        

state funds;                                                       5,961        

      (E)  May apply for and accept grants or loans from any       5,963        

federal agency for the purpose of providing for the development    5,964        

or improvement of public transportation facilities or for the      5,965        

coordination of any activities related to the development or       5,966        

improvement of such facilities, and may provide any consideration  5,967        

from any public transportation grant appropriation and enter into  5,968        

any contracts that may be required in order to obtain such grants  5,970        

or loans from a federal agency.                                                 

      Sec. 5502.01.  (A)  The department of public safety shall    5,979        

administer and enforce the laws relating to the registration,      5,980        

licensing, sale, and operation of motor vehicles and the laws      5,982        

pertaining to the licensing of drivers of motor vehicles.          5,983        

      The department shall compile, analyze, and publish           5,985        

statistics relative to motor vehicle accidents and the causes      5,986        

thereof OF THEM, prepare and conduct educational programs for the  5,987        

purpose of promoting safety in the operation of motor vehicles on  5,989        

the highways, assist the state board of education in the                        

formulation of minimum standards for driver education courses of   5,990        

instruction, encourage driver instruction in the high schools of   5,992        

the state, and conduct research and studies for the purpose of     5,993        

promoting safety on the highways of this state.                                 

      (B)  The department shall administer the laws and rules      5,995        

applicable to the division of state emergency medical services.    5,996        

      (C)  The department shall administer and enforce the laws    5,998        

contained in Chapters 4301. and 4303. of the Revised Code and      6,000        

enforce the rules and orders of the liquor control commission      6,003        

                                                          145    


                                                                 
pertaining to retail liquor permit holders.                                     

      (D)  The department shall administer the laws governing the  6,005        

state emergency management agency and shall enforce all            6,006        

additional duties and responsibilities as prescribed in the        6,007        

Revised Code related to emergency management services.             6,008        

      (E)  The department shall conduct investigations pursuant    6,010        

to Chapter 5101. of the Revised Code in support of the duty of     6,012        

the department of human services to administer food stamp          6,013        

programs throughout this state.  The department of public safety   6,014        

shall conduct investigations necessary to protect the state's      6,015        

property rights and interests in the food stamp program.                        

      (F)  The department of public safety shall enforce           6,017        

compliance with orders and rules of the public utilities           6,018        

commission and applicable laws in accordance with Chapters 4919.,  6,019        

4921., and 4923. of the Revised Code regarding commercial motor    6,020        

vehicle transportation safety, economic, and hazardous materials   6,021        

requirements.                                                                   

      (G)  Notwithstanding Chapter 4117. of the Revised Code, the  6,023        

department of public safety may establish requirements for its     6,024        

enforcement personnel, INCLUDING ITS ENFORCEMENT AGENTS DESCRIBED  6,025        

IN SECTION 5502.14 OF THE REVISED CODE, that include standards of  6,026        

conduct, work rules and procedures, and criteria for eligibility   6,028        

as law enforcement personnel.                                                   

      (H)  The department shall administer, maintain, and operate  6,030        

the Ohio criminal justice network.  The Ohio criminal justice      6,031        

network shall be a computer network that supports state and local  6,032        

criminal justice activities.  The network shall be an electronic   6,033        

repository for various data, which may include arrest warrants,    6,034        

notices of persons wanted by law enforcement agencies, criminal    6,035        

records, prison inmate records, stolen vehicle records, vehicle    6,036        

operator's licenses, and vehicle registrations and titles.         6,038        

      Sec. 5502.13.  The department of public safety shall         6,048        

maintain an investigations INVESTIGATIVE unit in order to conduct  6,049        

such investigations and other enforcement activity as are          6,051        

                                                          146    


                                                                 
authorized by Chapters 4301., 4303., 5101., 5107., and 5108. and   6,052        

section SECTIONS 2903.12, 2903.13, 2903.14, 2907.09, 2913.46,      6,053        

2917.11, 2921.13, 2921.31, 2921.32, 2921.33, 2923.12, 2923.121,    6,054        

2925.11, 2925.13, 2927.02, 4507.30, AND 5115.03 of the Revised     6,055        

Code.  The director of public safety shall appoint such THE        6,056        

employees of the unit as WHO are necessary, designate the          6,057        

activities to be performed by those employees, and prescribe       6,058        

their titles and duties.                                                        

      Sec. 5502.14.  (A)(1)  As used in this section, "felony"     6,067        

has the same meaning as in section 109.511 of the Revised Code.    6,068        

      (2)(B)(1)  Any person WHO IS employed by the department of   6,071        

public safety and designated by the director of public safety for  6,072        

the enforcement of TO ENFORCE TITLE XLIII OF THE REVISED CODE,     6,073        

THE RULES ADOPTED UNDER IT, AND THE laws and administrative rules  6,074        

regulating the use of food stamps shall be known as a food stamp   6,076        

trafficking AN ENFORCEMENT agent.  The employment by the           6,077        

department of public safety and the designation by the director    6,078        

of public safety of a person as a food stamp trafficking AN        6,079        

ENFORCEMENT agent shall be subject to division (D) of this         6,080        

section.  A food stamp trafficking AN ENFORCEMENT agent has the    6,082        

authority vested in peace officers pursuant to section 2935.03 of  6,083        

the Revised Code, on public or private property, to keep the                    

peace and, to enforce all APPLICABLE laws and rules ON ANY RETAIL  6,085        

LIQUOR PERMIT PREMISES, OR ON ANY OTHER PREMISES OF PUBLIC OR                   

PRIVATE PROPERTY, WHERE A VIOLATION OF TITLE XLIII OF THE REVISED  6,086        

CODE OR ANY RULE ADOPTED UNDER IT IS OCCURRING, AND TO ENFORCE     6,087        

ALL LAWS AND RULES governing the use of food stamp coupons;,       6,088        

women, infants, and children's coupons;, electronically            6,090        

transferred benefits;, or any other access device that is used     6,092        

alone or in conjunction with another access device to obtain       6,093        

payments, allotments, benefits, money, goods, or other things of                

value, or that can be used to initiate a transfer of funds,        6,094        

pursuant to the food stamp program established under the "Food     6,095        

Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended, or  6,097        

                                                          147    


                                                                 
any supplemental food program administered by any department of    6,098        

this state pursuant to the "Child Nutrition Act of 1966," 80       6,099        

Stat. 885, 42 U.S.C.A. 1786.  Food stamp trafficking ENFORCEMENT   6,100        

agents, in enforcing compliance with the laws and rules described  6,101        

in this division, may keep the peace and make arrests for          6,102        

violations of those laws and rules.                                6,103        

      (B)  A food stamp trafficking (2)  IN ADDITION TO THE        6,105        

AUTHORITY CONFERRED BY DIVISION (B)(1) OF THIS SECTION, AN         6,106        

ENFORCEMENT agent may also MAY execute search warrants and seize   6,108        

and take into custody any contraband, as defined in section        6,109        

2901.01 of the Revised Code, or any property that is otherwise     6,111        

necessary for evidentiary purposes related to any violations of    6,113        

THE laws or rules described in division (A)(2)(B)(1) of this       6,114        

section.  A food stamp trafficking AN ENFORCEMENT agent may enter  6,116        

public or private premises where activity alleged to violate the   6,117        

laws or rules described in division (A)(2)(B)(1) of this section   6,118        

are IS occurring.  Agents                                          6,119        

      (3)  ENFORCEMENT AGENTS who are in ON, IMMEDIATELY ADJACENT  6,122        

TO, OR ACROSS FROM RETAIL LIQUOR PERMIT PREMISES AND WHO ARE       6,123        

PERFORMING INVESTIGATIVE DUTIES RELATING TO THAT PREMISES,                      

ENFORCEMENT AGENTS WHO ARE ON PREMISES THAT ARE NOT LIQUOR PERMIT  6,124        

PREMISES BUT ON WHICH A VIOLATION OF TITLE XLIII OF THE REVISED    6,125        

CODE OR ANY RULE ADOPTED UNDER IT ALLEGEDLY IS OCCURRING, AND      6,126        

ENFORCEMENT AGENTS WHO view of a suspected violation OF TITLE      6,128        

XLIII OF THE REVISED CODE, OF A RULE ADOPTED UNDER IT, OR OF       6,129        

ANOTHER LAW OR RULE DESCRIBED IN DIVISION (B)(1) OF THIS SECTION   6,130        

have the authority to enforce Title XXIX and sections 2913.46 and  6,132        

5101.54 of the Revised Code THE LAWS AND RULES DESCRIBED IN        6,133        

DIVISION (B)(1) OF THIS SECTION, AUTHORITY TO ENFORCE ANY SECTION  6,134        

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      6,135        

THEY WITNESS A VIOLATION OF THE SECTION UNDER ANY OF THE           6,137        

CIRCUMSTANCES DESCRIBED IN THIS DIVISION, and AUTHORITY to make    6,138        

arrests for violations of those THE laws and rules DESCRIBED IN    6,139        

                                                          148    


                                                                 
DIVISION (B)(1) OF THIS SECTION AND VIOLATIONS OF ANY OF THOSE     6,140        

SECTIONS.  The                                                     6,141        

      (4)  THE jurisdiction of a food stamp trafficking AN         6,143        

ENFORCEMENT agent UNDER DIVISION (B) OF THIS SECTION shall be      6,145        

concurrent with that of the peace officers of the county,          6,146        

township, or municipal corporation in which the violation occurs.  6,147        

      (C)  Food stamp trafficking ENFORCEMENT agents of the        6,149        

department of public safety WHO ARE engaged in the enforcement of  6,151        

THE laws and rules described in division (A)(2)(B)(1) of this      6,152        

section may carry concealed weapons when conducting undercover     6,154        

investigations pursuant to their authority as law enforcement                   

officers and while acting within the scope of their authority      6,155        

pursuant to this chapter.                                          6,156        

      (D)(1)  The department of public safety shall not employ,    6,158        

and the director of public safety shall not designate, a person    6,159        

as a food stamp trafficking AN ENFORCEMENT agent on a permanent    6,160        

basis, on a temporary basis, for a probationary term, or on other  6,162        

than a permanent basis if the person previously has been           6,163        

convicted of or has pleaded guilty to a felony.                                 

      (2)(a)  The department of public safety shall terminate the  6,165        

employment of a person WHO IS designated as a food stamp           6,166        

trafficking AN ENFORCEMENT agent AND who does either of the        6,168        

following:                                                                      

      (i)  Pleads guilty to a felony;                              6,170        

      (ii)  Pleads guilty to a misdemeanor pursuant to a           6,172        

negotiated plea agreement as provided in division (D) of section   6,174        

2929.29 of the Revised Code in which the food stamp trafficking    6,175        

ENFORCEMENT agent agrees to surrender the certificate awarded to   6,176        

that agent under section 109.77 of the Revised Code.               6,177        

      (b)  The department shall suspend the employment of a        6,179        

person WHO IS designated as a food stamp trafficking AN            6,180        

ENFORCEMENT agent if the person is convicted, after trial, of a    6,182        

felony.  If the food stamp trafficking ENFORCEMENT agent files an  6,184        

appeal from that conviction and the conviction is upheld by the    6,185        

                                                          149    


                                                                 
highest court to which the appeal is taken or if no timely appeal  6,186        

is filed, the department shall terminate the employment of that                 

agent.  If the food stamp trafficking ENFORCEMENT agent files an   6,187        

appeal that results in that agent's acquittal of the felony or     6,189        

conviction of a misdemeanor, or in the dismissal of the felony     6,191        

charge against the agent, the department shall reinstate the food  6,192        

stamp trafficking agent.  A food stamp trafficking AN ENFORCEMENT  6,193        

agent who is reinstated under division (D)(2)(b) of this section   6,194        

shall not receive any back pay unless the conviction of that       6,195        

agent of the felony was reversed on appeal, or the felony charge   6,197        

was dismissed, because the court found insufficient evidence to                 

convict the food stamp trafficking agent of the felony.            6,198        

      (3)  Division (D) of this section does not apply regarding   6,200        

an offense that was committed prior to January 1, 1997.            6,201        

      (4)  The suspension or termination of the employment of a    6,203        

person designated as a food stamp trafficking AN ENFORCEMENT       6,204        

agent under division (D)(2) of this section shall be in            6,205        

accordance with Chapter 119. of the Revised Code.                  6,206        

      Sec. 5502.16.  The director of public safety, on behalf of   6,215        

food stamp trafficking ENFORCEMENT agents, may enter into          6,217        

cooperative or contractual arrangements with the United States     6,218        

or, any agency or department thereof OF THE UNITED STATES, other   6,219        

states, other departments and political subdivisions of this       6,220        

state, or any other person or body politic to accomplish the       6,221        

purposes of the investigations INVESTIGATIVE unit of the           6,222        

department of public safety.  The director shall cooperate with    6,224        

and not infringe upon the rights of other state departments,                    

divisions, boards, commissions, and agencies, and private          6,225        

agencies, in the conduct of enforcement plans and other matters    6,226        

in which the department of public safety and such THOSE            6,227        

departments and agencies have common interests.                    6,228        

      Sec. 5502.17.  Food stamp trafficking ENFORCEMENT agents of  6,237        

the department of public safety shall comply with the              6,239        

certification requirements established in section 109.77 of the    6,240        

                                                          150    


                                                                 
Revised Code, take an oath of office, and receive from the                      

governor, upon recommendation of the director of public safety, a  6,242        

commission indicating authority to make arrests as provided in     6,243        

section 5502.14 of the Revised Code.                               6,244        

      Sec. 5502.18.  Food stamp trafficking ENFORCEMENT agents of  6,253        

the department of public safety may render assistance to a state   6,255        

or local law enforcement officer at the request of that officer    6,256        

or may render assistance to a state or local law enforcement       6,257        

officer in the event of an emergency.  A food stamp trafficking    6,258        

AN ENFORCEMENT agent who serves outside the department under this  6,259        

section shall be considered as performing services within the      6,260        

agent's regular employment for purposes of compensation,           6,261        

indemnity fund rights, workers' compensation, and any other        6,262        

rights and benefits to which the agent may be entitled as          6,263        

incidents of the agent's regular employment.  Such an ENFORCEMENT  6,264        

agent retains personal immunity from civil liability under         6,265        

section 9.86 of the Revised Code and shall not be considered an    6,267        

employee of a political subdivision for purposes of Chapter 2744.  6,268        

of the Revised Code.                                                            

      A political subdivision that receives the assistance of a    6,270        

food stamp trafficking AN ENFORCEMENT agent under this division    6,271        

SECTION is not subject to civil liability under Chapter 2744. of   6,273        

the Revised Code as a result of any action or omission of the                   

agent.                                                             6,274        

      Sec. 5502.62 5502.19.  The department of public safety       6,283        

shall conduct inspections of retail liquor permit premises to      6,285        

determine THEIR compliance with the provisions of Chapters 4301.   6,287        

and 4303. of the Revised Code, and the rules adopted under those   6,289        

provisions THEM by the liquor control commission pertaining to     6,290        

retail liquor permit holders.                                                   

      Except as otherwise provided in this section, such THOSE     6,292        

inspections may be conducted only during those hours in which the  6,294        

permit holder is open for business and only by authorized liquor   6,295        

control investigators ENFORCEMENT AGENTS of the department of      6,297        

                                                          151    


                                                                 
public safety or by any peace officer, as this term is defined in  6,298        

section 2935.01 of the Revised Code.  Inspections may be           6,299        

conducted at other hours only to determine compliance with laws    6,301        

or commission rules that regulate the hours of sale of beer and    6,302        

intoxicating liquor and only if the liquor control investigator    6,303        

ENFORCEMENT AGENT or peace officer INVOLVED has reasonable cause   6,305        

to believe that such THOSE laws or rules are being violated.  Any  6,306        

inspection conducted pursuant to this section is subject to all    6,307        

of the following requirements:                                     6,308        

      (A)  The only property that may be confiscated is            6,310        

contraband, as this term is defined in section 2901.01 of the      6,311        

Revised Code, or property that is otherwise necessary for          6,313        

evidentiary purposes.                                                           

      (B)  A complete inventory of all property confiscated from   6,315        

the premises shall be given to the permit holder or the permit     6,316        

holder's agent or employee by the confiscating ENFORCEMENT agent   6,318        

or PEACE officer at the conclusion of the inspection.  At that     6,319        

time, the inventory shall be signed by the confiscating liquor     6,320        

control investigator ENFORCEMENT AGENT or PEACE officer, and the   6,322        

liquor control investigator ENFORCEMENT AGENT or PEACE officer     6,323        

shall give the permit holder or the permit holder's agent or       6,324        

employee the opportunity to sign the inventory.                    6,325        

      (C)  Inspections conducted pursuant to this section shall    6,327        

be conducted in a reasonable manner.  A finding by any court of    6,328        

competent jurisdiction that the inspection was not conducted in a  6,329        

reasonable manner in accordance with this section or any rules     6,330        

promulgated by the LIQUOR CONTROL commission may be considered     6,331        

grounds for suppression of evidence.  A finding by the liquor      6,332        

control commission that the inspection was not conducted in a      6,333        

reasonable manner in accordance with this section or any rules     6,335        

promulgated by the commission may be considered grounds for        6,336        

dismissal of the commission case.                                               

      If any court of competent jurisdiction finds that property   6,338        

confiscated as the result of an inspection is not necessary for    6,339        

                                                          152    


                                                                 
evidentiary purposes and is not contraband, as this term is        6,340        

defined in section 2901.01 of the Revised Code, the court shall    6,342        

order the immediate return of the confiscated property, if such    6,344        

property is not contraband or otherwise subject to forfeiture, to  6,345        

the permit holder.  However, the return of this property is not                 

grounds for dismissal of the case.  The commission likewise may    6,346        

order the return of confiscated property if no criminal            6,347        

prosecution is pending or anticipated.                                          

      Sec. 5512.10.  THIS SECTION APPLIES IF A POLITICAL           6,349        

SUBDIVISION OUTSIDE THE JURISDICTION OF A METROPOLITAN PLANNING    6,350        

ORGANIZATION SUBMITS A REQUEST TO THE DEPARTMENT OF                6,351        

TRANSPORTATION FOR AN INTERCHANGE TO BE CONSTRUCTED ON AN                       

INTERSTATE HIGHWAY OR A MULTI-LANE, FULLY CONTROLLED-ACCESS        6,353        

HIGHWAY UNDER THE JURISDICTION OF THE DEPARTMENT.  WHEN REVIEWING  6,355        

SUCH A REQUEST, THE DEPARTMENT OR THE TRANSPORTATION REVIEW        6,356        

ADVISORY COUNCIL SHALL CONSIDER WHETHER THE PROPOSAL PROMOTES      6,357        

FARMLAND PRESERVATION AND EFFORTS TO CONTROL URBAN SPRAWL.                      

      Sec. 5517.011.  (A)(1)  Notwithstanding section 5517.01 of   6,366        

the Revised Code, the director of transportation may establish a   6,369        

pilot program to expedite the sale and construction of no more     6,370        

than six special projects by combining the design 9nd              6,371        

construction elements of a highway or bridge project into a                     

single contract.  Except in regard to those requirements relating  6,372        

to providing plans, the director shall award contracts under this  6,373        

section in accordance with section 5525.01 of the Revised Code.    6,374        

      Within one year of the completion of the sixth special       6,376        

project under this section                                         6,377        

      (2)  ON OR BEFORE DECEMBER 31, 2000, the director shall      6,381        

prepare and submit to the general assembly a report evaluating     6,383        

the experience of the department of transportation with each                    

project UNDER THIS DIVISION AND CONTRACT UNDER DIVISION (B) OF     6,384        

THIS SECTION, including whether the department realized any cost   6,385        

or time savings.  REGARDING THOSE PROJECTS AND CONTRACTS, THE      6,386        

REPORT SHALL INCLUDE A DISCUSSION OF THE NUMBER AND COST OF        6,387        

                                                          153    


                                                                 
CHANGE ORDERS, THE QUALITY OF WORK PERFORMED, THE NUMBER OF BIDS   6,388        

RECEIVED, THE IMPACT ON MINORITY AND FEMALE CONTRACT               6,389        

PARTICIPATION, AND OTHER ISSUES THE DIRECTOR CONSIDERS             6,390        

APPROPRIATE.  The director also may make recommendations                        

regarding the continuation of the program, including the need for  6,392        

any changes.  After                                                             

      (3)  AFTER completion of the sixth project and preparation   6,395        

of the report, no projects shall be commenced under this section   6,397        

DIVISION unless the general assembly either approves additional    6,398        

projects to further study the effectiveness of the procedures or   6,399        

makes the program permanent.                                       6,400        

      (B)  IN ADDITION TO THE SIX PROJECTS UNDER DIVISION (A) OF   6,403        

THIS SECTION, DURING THE PERIOD BEGINNING JULY 1, 1999, AND        6,405        

ENDING JUNE 30, 2001, THE DIRECTOR MAY EXPAND THE PILOT PROGRAM    6,407        

TO MORE CONTRACTS COMBINING THE DESIGN AND CONSTRUCTION ELEMENTS   6,408        

OF HIGHWAY OR BRIDGE PROJECTS.  THE TOTAL DOLLAR VALUE OF          6,409        

CONTRACTS MADE UNDER THIS DIVISION SHALL NOT EXCEED TWO HUNDRED    6,410        

FIFTY MILLION DOLLARS.  THE DIRECTOR MAY SEEK EITHER BIDS OR       6,411        

TECHNICAL PROPOSALS FOR CONTRACTS UNDER THIS DIVISION.             6,412        

      (1)  WHEN THE DIRECTOR DETERMINES TO AWARD A SINGLE          6,415        

CONTRACT FOR A DESIGN-BUILD PROJECT UNDER THIS DIVISION THROUGH                 

THE RECEIPT OF BIDS, EXCEPT FOR THOSE REQUIREMENTS RELATING TO     6,417        

PROVIDING PLANS, THE DIRECTOR SHALL AWARD CONTRACTS IN ACCORDANCE  6,418        

WITH CHAPTER 5525. OF THE REVISED CODE.  WHEN THE DIRECTOR         6,421        

DETERMINES TO AWARD A SINGLE CONTRACT FOR A DESIGN-BUILD PROJECT   6,422        

UNDER THIS DIVISION THROUGH THE RECEIPT OF TECHNICAL PROPOSALS,    6,423        

THE DIRECTOR SHALL ADVERTISE AND SELECT THE DESIGN-BUILD TEAM      6,425        

USING A VALUE-BASED SELECTION PROCESS COMBINING TECHNICAL          6,426        

QUALIFICATIONS AND COMPETITIVE BIDDING ELEMENTS.                   6,427        

      (2)  IF THE DIRECTOR ELECTS TO UTILIZE THE COMPETITIVE BID   6,430        

OPTION FOR DESIGN-BUILD PROJECTS, THE DIRECTOR SHALL PREPARE AND   6,431        

DISTRIBUTE A SCOPE OF WORK DOCUMENT UPON WHICH THE BIDDERS SHALL   6,432        

BASE THEIR BIDS.                                                                

      (3)(a)  IF THE DIRECTOR ELECTS TO UTILIZE A VALUE-BASED      6,435        

                                                          154    


                                                                 
SELECTION PROCESS FOR DESIGN-BUILD PROJECTS THROUGH THE RECEIPT    6,436        

OF TECHNICAL PROPOSALS, THE DIRECTOR SHALL RESTRICT USAGE OF THIS  6,437        

METHOD ANNUALLY TO NO MORE THAN SIXTY MILLION DOLLARS AND NO MORE  6,438        

THAN THREE PROJECTS, WHOSE PER-PROJECT ESTIMATE MUST EXCEED TEN    6,439        

MILLION DOLLARS.  THE DIRECTOR SHALL PREPARE CONCEPTUAL DOCUMENTS  6,440        

FOR REVIEW BY INTERESTED PARTIES, ACCEPT LETTERS OF INTEREST, AND  6,441        

SELECT THE THREE MOST QUALIFIED DESIGN-BUILD TEAMS TO SUBMIT A     6,442        

TECHNICAL PROPOSAL.                                                6,443        

      THE CRITERIA FOR SELECTING THE THREE FINALISTS SHALL         6,445        

INCLUDE THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN-BUILD      6,446        

TEAM, INCLUDING THE PROPOSED PERSONNEL TO BE UTILIZED, EQUIPMENT   6,448        

USAGE, AND GENERAL PROPOSED PROJECT APPROACH.  THE SCHEDULE OF     6,449        

ACTIVITIES AND FINANCIAL RESOURCES OF THE DESIGN-BUILD TEAM ALSO   6,450        

SHALL BE FACTORS IN THE SELECTION PROCESS.  IN ADDITION, THE       6,451        

DIRECTOR SHALL TAKE INTO CONSIDERATION THE DESIGN-BUILD TEAM'S     6,452        

AFFIRMATIVE ACTION POLICIES AND RECORD WITH REGARD TO EMPLOYEES    6,453        

AND SUBCONTRACTS.                                                               

      (b)  AFTER THE DIRECTOR SELECTS THE THREE FINALISTS, THE     6,456        

FINALISTS SHALL PREPARE BOTH A TECHNICAL PROPOSAL AND A PRICE      6,457        

PROPOSAL.  THE TECHNICAL PROPOSAL SHALL STATE THE FINALIST'S       6,458        

QUALIFICATIONS AND EXPERIENCE, INCLUDING PRIOR PERFORMANCE BY THE  6,459        

DESIGN-BUILD TEAM ON SIMILAR PROJECTS, THE IDENTITY OF THE         6,460        

MEMBERS OF EACH TEAM, AND A DETAILED PROJECT APPROACH AND          6,461        

SCHEDULE, INCLUDING INNOVATIVE DESIGN AND CONSTRUCTION             6,462        

TECHNIQUES.  THE FINALISTS SHALL SUBMIT THE PRICE PROPOSAL                      

SEPARATELY AS REQUESTED BY THE DIRECTOR.                           6,463        

      THE DIRECTOR FIRST SHALL REVIEW THE SUBMITTED TECHNICAL      6,465        

PROPOSALS AND ASCRIBE A NUMERICAL SCORE TO EACH PROPOSAL.  THE     6,466        

TECHNICAL NUMERICAL SCORES SHALL BE EQUATED TO A PERCENTAGE        6,467        

ADJUSTMENT TO BE APPLIED TO THE FINALISTS' PRICE PROPOSALS, USING  6,469        

A PREDETERMINED SCHEDULE OF ADJUSTMENT MADE KNOWN TO THE                        

FINALISTS AT THE TIME OF ADVERTISING.  IN NO CASE SHALL THE        6,470        

TECHNICAL PROPOSAL RATING EXCEED TWENTY-FIVE PER CENT OF THE       6,471        

VALUE-BASED TECHNICAL AND PRICE SELECTION CRITERIA.  THE DIRECTOR  6,473        

                                                          155    


                                                                 
SHALL RESERVE THE RIGHT TO CONSIDER A TECHNICAL PROPOSAL AS BEING  6,474        

NONRESPONSIVE, THEREBY ELIMINATING THAT FINALIST FROM FURTHER      6,475        

CONSIDERATION.                                                                  

      UPON COMPLETION OF THE RATING OF TECHNICAL PROPOSALS, THE    6,478        

DIRECTOR SHALL APPLY TO THE PRICE PROPOSALS THE PERCENTAGE         6,479        

ADJUSTMENTS PREDETERMINED FROM THE NUMERICAL SCORES ASSIGNED TO    6,480        

THE TECHNICAL PROPOSALS.  UNLESS ALL PROPOSALS ARE REJECTED, THE   6,481        

DIRECTOR SHALL SELECT THE FINALIST WITH THE LOWEST ADJUSTED                     

PRICE.  THE ADJUSTED PRICE SHALL BE USED FOR SELECTION ONLY.  THE  6,483        

CONTRACT SHALL BE BASED ON THE PRICE PROPOSAL AS SUBMITTED.        6,484        

      THE DEPARTMENT SHALL COMPENSATE EACH RESPONSIVE FINALIST     6,486        

NOT SELECTED IN AN AMOUNT GENERALLY EQUAL TO ONE-FOURTH OF ONE     6,488        

PER CENT OF THE UNADJUSTED PRICE PROPOSAL AMOUNT SUBMITTED BY THE  6,489        

SELECTED FINALIST OR BY AN AMOUNT THE DIRECTOR ESTABLISHES AT THE  6,490        

TIME OF ADVERTISING.                                                            

      Sec. 5525.25.  (A)  IN MAKING CONTRACTS, THE DIRECTOR OF     6,492        

TRANSPORTATION SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS FOR    6,493        

EACH FISCAL YEAR:                                                  6,494        

      (1)  AT LEAST ONE-FIFTH OF THE DEPARTMENT OF                 6,496        

TRANSPORTATION'S CAPITAL CONSTRUCTION PROJECTS SHALL BE BID        6,497        

REQUIRING A WARRANTY AS SPECIFIED IN THE BIDDING DOCUMENTS AND IN  6,498        

DIVISION (B) OF THIS SECTION.                                      6,499        

      (2)  AT LEAST ONE-TENTH OF THE DEPARTMENT'S CAPITAL          6,501        

CONSTRUCTION PROGRAM SHALL BE BID REQUIRING A PAVEMENT WARRANTY    6,502        

AS SPECIFIED IN THE BIDDING DOCUMENTS AND IN DIVISION (B) OF THIS  6,503        

SECTION.                                                                        

      (B)  A WARRANTY PERIOD UNDER THIS SECTION SHALL BE:          6,505        

      (1)  NOT LESS THAN SEVEN YEARS, FOR PAVEMENT IN THE CASE OF  6,507        

NEW CONSTRUCTION;                                                  6,508        

      (2)  NOT LESS THAN FIVE YEARS, IN THE CASE OF PAVEMENT       6,510        

RESURFACING AND REHABILITATION;                                    6,511        

      (3)  NOT LESS THAN TWO YEARS, IN THE CASE OF PAVEMENT        6,513        

PREVENTATIVE MAINTENANCE, BRIDGE PAINTING, PAVEMENT MARKINGS,      6,514        

RAISED PAVEMENT MARKERS, GUARDRAIL, AND OTHER PROJECT ITEMS AS     6,515        

                                                          156    


                                                                 
DETERMINED BY THE DIRECTOR.                                        6,516        

      (C)  THIS SECTION DOES NOT APPLY TO CONTRACTS THE DIRECTOR   6,518        

MAKES ON BEHALF OF A POLITICAL SUBDIVISION.                        6,519        

      Sec. 5735.051.  The general assembly finds as a fact that,   6,528        

of the revenues which occur from excises imposed by sections       6,529        

5735.05, 5735.25, 5735.29, and 5735.30 of the Revised Code,        6,530        

one-half THREE-FOURTHS of one per cent are attributable to the     6,531        

operation of motor vehicles upon waters within the boundaries of   6,532        

this state and shall be used for the purposes of sections 1547.71  6,533        

to 1547.78 of the Revised Code.                                    6,534        

      Sec. 5739.02.  For the purpose of providing revenue with     6,543        

which to meet the needs of the state, for the use of the general   6,544        

revenue fund of the state, for the purpose of securing a thorough  6,545        

and efficient system of common schools throughout the state, for   6,546        

the purpose of affording revenues, in addition to those from       6,547        

general property taxes, permitted under constitutional             6,548        

limitations, and from other sources, for the support of local      6,549        

governmental functions, and for the purpose of reimbursing the     6,550        

state for the expense of administering this chapter, an excise     6,551        

tax is hereby levied on each retail sale made in this state.       6,552        

      (A)  The tax shall be collected pursuant to the schedules    6,554        

in section 5739.025 of the Revised Code.                           6,555        

      The tax applies and is collectible when the sale is made,    6,557        

regardless of the time when the price is paid or delivered.        6,558        

      In the case of a sale, the price of which consists in whole  6,560        

or in part of rentals for the use of the thing transferred, the    6,561        

tax, as regards such rentals, shall be measured by the             6,562        

installments thereof.                                              6,563        

      In the case of a sale of a service defined under division    6,565        

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  6,566        

which consists in whole or in part of a membership for the         6,567        

receipt of the benefit of the service, the tax applicable to the   6,568        

sale shall be measured by the installments thereof.                6,569        

      (B)  The tax does not apply to the following:                6,571        

                                                          157    


                                                                 
      (1)  Sales to the state or any of its political              6,573        

subdivisions, or to any other state or its political subdivisions  6,574        

if the laws of that state exempt from taxation sales made to this  6,575        

state and its political subdivisions;                              6,576        

      (2)  Sales of food for human consumption off the premises    6,578        

where sold;                                                        6,579        

      (3)  Sales of food sold to students only in a cafeteria,     6,581        

dormitory, fraternity, or sorority maintained in a private,        6,582        

public, or parochial school, college, or university;               6,583        

      (4)  Sales of newspapers, and of magazine subscriptions      6,585        

shipped by second class mail, and sales or transfers of magazines  6,586        

distributed as controlled circulation publications;                6,587        

      (5)  The furnishing, preparing, or serving of meals without  6,589        

charge by an employer to an employee provided the employer         6,590        

records the meals as part compensation for services performed or   6,591        

work done;                                                         6,592        

      (6)  Sales of motor fuel upon receipt, use, distribution,    6,595        

or sale of which in this state a tax is imposed by the law of      6,596        

this state, but this exemption shall not apply to the sale of      6,597        

motor fuel on which a refund of the tax is allowable under         6,598        

section 5735.14 of the Revised Code; and the tax commissioner may  6,599        

deduct the amount of tax levied by this section applicable to the  6,600        

price of motor fuel when granting a refund of motor fuel tax       6,601        

pursuant to section 5735.14 of the Revised Code and shall cause    6,602        

the amount deducted to be paid into the general revenue fund of    6,603        

this state;                                                                     

      (7)  Sales of natural gas by a natural gas company, of       6,605        

electricity by an electric company, of water by a water-works      6,606        

company, or of steam by a heating company, if in each case the     6,607        

thing sold is delivered to consumers through wires, pipes, or      6,608        

conduits, and all sales of communications services by a telephone  6,609        

or telegraph company, all terms as defined in section 5727.01 of   6,610        

the Revised Code;                                                  6,611        

      (8)  Casual sales by a person, or auctioneer employed        6,613        

                                                          158    


                                                                 
directly by the person to conduct such sales, except as to such    6,615        

sales of motor vehicles, watercraft or outboard motors required    6,616        

to be titled under section 1548.06 of the Revised Code,            6,617        

watercraft documented with the United States coast guard,          6,618        

snowmobiles, and all-purpose vehicles as defined in section        6,619        

4519.01 of the Revised Code;                                       6,620        

      (9)  Sales of services or tangible personal property, other  6,622        

than motor vehicles, mobile homes, and manufactured homes, by      6,624        

churches or by nonprofit organizations operated exclusively for    6,625        

charitable purposes as defined in division (B)(12) of this         6,626        

section, provided that the number of days on which such tangible   6,627        

personal property or services, other than items never subject to   6,628        

the tax, are sold does not exceed six in any calendar year.  If    6,629        

the number of days on which such sales are made exceeds six in     6,630        

any calendar year, the church or organization shall be considered  6,631        

to be engaged in business and all subsequent sales by it shall be  6,632        

subject to the tax.  In counting the number of days, all sales by  6,633        

groups within a church or within an organization shall be          6,634        

considered to be sales of that church or organization, except      6,635        

that sales made by separate student clubs and other groups of      6,636        

students of a primary or secondary school, and sales made by a     6,637        

parent-teacher association, booster group, or similar              6,638        

organization that raises money to support or fund curricular or    6,639        

extracurricular activities of a primary or secondary school,       6,640        

shall not be considered to be sales of such school, and sales by   6,641        

each such club, group, association, or organization shall be       6,642        

counted separately for purposes of the six-day limitation.  This   6,643        

division does not apply to sales by a noncommercial educational    6,644        

radio or television broadcasting station.                          6,645        

      (10)  Sales not within the taxing power of this state under  6,647        

the Constitution of the United States;                             6,648        

      (11)  The transportation of persons or property, unless the  6,650        

transportation is by a private investigation and security          6,651        

service;                                                           6,652        

                                                          159    


                                                                 
      (12)  Sales of tangible personal property or services to     6,654        

churches, to organizations exempt from taxation under section      6,655        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   6,656        

nonprofit organizations operated exclusively for charitable        6,657        

purposes in this state, no part of the net income of which inures  6,658        

to the benefit of any private shareholder or individual, and no    6,659        

substantial part of the activities of which consists of carrying   6,660        

on propaganda or otherwise attempting to influence legislation;    6,661        

sales to offices administering one or more homes for the aged or   6,662        

one or more hospital facilities exempt under section 140.08 of     6,663        

the Revised Code; and sales to organizations described in          6,664        

division (D) of section 5709.12 of the Revised Code.               6,665        

      "Charitable purposes" means the relief of poverty; the       6,667        

improvement of health through the alleviation of illness,          6,668        

disease, or injury; the operation of an organization exclusively   6,670        

for the provision of professional, laundry, printing, and          6,671        

purchasing services to hospitals or charitable institutions; the   6,673        

operation of a home for the aged, as defined in section 5701.13    6,674        

of the Revised Code; the operation of a radio or television        6,675        

broadcasting station that is licensed by the federal               6,676        

communications commission as a noncommercial educational radio or  6,677        

television station; the operation of a nonprofit animal adoption   6,679        

service or a county humane society; the promotion of education by  6,680        

an institution of learning that maintains a faculty of qualified   6,681        

instructors, teaches regular continuous courses of study, and                   

confers a recognized diploma upon completion of a specific         6,682        

curriculum; the operation of a parent teacher association,         6,683        

booster group, or similar organization primarily engaged in the    6,684        

promotion and support of the curricular or extracurricular         6,685        

activities of a primary or secondary school; the operation of a    6,686        

community or area center in which presentations in music,          6,687        

dramatics, the arts, and related fields are made in order to       6,688        

foster public interest and education therein; the production of    6,689        

performances in music, dramatics, and the arts; or the promotion   6,691        

                                                          160    


                                                                 
of education by an organization engaged in carrying on research                 

in, or the dissemination of, scientific and technological          6,692        

knowledge and information primarily for the public.                6,693        

      Nothing in this division shall be deemed to exempt sales to  6,695        

any organization for use in the operation or carrying on of a      6,696        

trade or business, or sales to a home for the aged for use in the  6,697        

operation of independent living facilities as defined in division  6,698        

(A) of section 5709.12 of the Revised Code.                        6,699        

      (13)  Building and construction materials and services sold  6,701        

to construction contractors for incorporation into a structure or  6,702        

improvement to real property under a construction contract with    6,703        

this state or a political subdivision thereof, or with the United  6,704        

States government or any of its agencies; building and             6,705        

construction materials and services sold to construction           6,706        

contractors for incorporation into a structure or improvement to   6,707        

real property that are accepted for ownership by this state or     6,709        

any of its political subdivisions, or by the United States         6,710        

government or any of its agencies at the time of completion of     6,711        

such structures or improvements; building and construction         6,712        

materials sold to construction contractors for incorporation into  6,713        

a horticulture structure or livestock structure for a person       6,714        

engaged in the business of horticulture or producing livestock;    6,715        

building materials and services sold to a construction contractor  6,716        

for incorporation into a house of public worship or religious      6,717        

education, or a building used exclusively for charitable purposes  6,718        

under a construction contract with an organization whose purpose   6,719        

is as described in division (B)(12) of this section; building and  6,720        

construction materials sold for incorporation into the original    6,721        

construction of a sports facility under section 307.696 of the     6,722        

Revised Code; and building and construction materials and          6,723        

services sold to a construction contractor for incorporation into  6,724        

real property outside this state if such materials and services,   6,725        

when sold to a construction contractor in the state in which the   6,726        

real property is located for incorporation into real property in   6,727        

                                                          161    


                                                                 
that state, would be exempt from a tax on sales levied by that     6,728        

state;                                                             6,729        

      (14)  Sales of ships or vessels or rail rolling stock used   6,731        

or to be used principally in interstate or foreign commerce, and   6,732        

repairs, alterations, fuel, and lubricants for such ships or       6,733        

vessels or rail rolling stock;                                     6,734        

      (15)  Sales to persons engaged in any of the activities      6,736        

mentioned in division (E)(2) or (9) of section 5739.01 of the      6,737        

Revised Code, to persons engaged in making retail sales, or to     6,738        

persons who purchase for sale from a manufacturer tangible         6,739        

personal property that was produced by the manufacturer in         6,740        

accordance with specific designs provided by the purchaser, of     6,741        

packages, including material and parts for packages, and of        6,742        

machinery, equipment, and material for use primarily in packaging  6,743        

tangible personal property produced for sale by or on the order    6,744        

of the person doing the packaging, or sold at retail.  "Packages"  6,745        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     6,746        

bindings, wrappings, and other similar devices and containers,     6,747        

and "packaging" means placing therein.                             6,748        

      (16)  Sales of food to persons using food stamp coupons to   6,750        

purchase the food.  As used in division (B)(16) of this section,   6,751        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    6,752        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   6,753        

adopted pursuant to that act.                                      6,754        

      (17)  Sales to persons engaged in farming, agriculture,      6,756        

horticulture, or floriculture, of tangible personal property for   6,757        

use or consumption directly in the production by farming,          6,758        

agriculture, horticulture, or floriculture of other tangible       6,759        

personal property for use or consumption directly in the           6,760        

production of tangible personal property for sale by farming,      6,761        

agriculture, horticulture, or floriculture; or material and parts  6,762        

for incorporation into any such tangible personal property for     6,763        

use or consumption in production; and of tangible personal         6,764        

property for such use or consumption in the conditioning or        6,765        

                                                          162    


                                                                 
holding of products produced by and for such use, consumption, or  6,766        

sale by persons engaged in farming, agriculture, horticulture, or  6,767        

floriculture, except where such property is incorporated into      6,768        

real property;                                                     6,769        

      (18)  Sales of drugs dispensed by a licensed pharmacist      6,772        

upon the order of a licensed health professional authorized to     6,774        

prescribe drugs to a human being, as the term "licensed health                  

professional authorized to prescribe drugs" is defined in section  6,775        

4729.01 of the Revised Code; insulin as recognized in the          6,777        

official United States pharmacopoeia; urine and blood testing      6,778        

materials when used by diabetics or persons with hypoglycemia to   6,779        

test for glucose or acetone; hypodermic syringes and needles when  6,780        

used by diabetics for insulin injections; epoetin alfa when        6,781        

purchased for use in the treatment of persons with end-stage       6,782        

renal disease; hospital beds when purchased for use by persons     6,784        

with medical problems for medical purposes; and oxygen and         6,785        

oxygen-dispensing equipment when purchased for use by persons      6,786        

with medical problems for medical purposes;                                     

      (19)  Sales of artificial limbs or portion thereof, breast   6,788        

prostheses, and other prosthetic devices for humans; braces or     6,789        

other devices for supporting weakened or nonfunctioning parts of   6,790        

the human body; wheelchairs; devices used to lift wheelchairs      6,791        

into motor vehicles and parts and accessories to such devices;     6,792        

crutches or other devices to aid human perambulation; and items    6,793        

of tangible personal property used to supplement impaired          6,794        

functions of the human body such as respiration, hearing, or       6,795        

elimination.  No exemption under this division shall be allowed    6,796        

for nonprescription drugs, medicines, or remedies; items or        6,797        

devices used to supplement vision; items or devices whose          6,798        

function is solely or primarily cosmetic; or physical fitness      6,799        

equipment.  This division does not apply to sales to a physician   6,800        

or medical facility for use in the treatment of a patient.         6,801        

      (20)  Sales of emergency and fire protection vehicles and    6,803        

equipment to nonprofit organizations for use solely in providing   6,804        

                                                          163    


                                                                 
fire protection and emergency services for political subdivisions  6,805        

of the state;                                                      6,806        

      (21)  Sales of tangible personal property manufactured in    6,808        

this state, if sold by the manufacturer in this state to a         6,809        

retailer for use in the retail business of the retailer outside    6,810        

of this state and if possession is taken from the manufacturer by  6,812        

the purchaser within this state for the sole purpose of            6,813        

immediately removing the same from this state in a vehicle owned   6,814        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  6,816        

political subdivisions, agencies, instrumentalities,               6,817        

institutions, or authorities, or by governmental entities of the   6,818        

state or any of its political subdivisions, agencies,              6,819        

instrumentalities, institutions, or authorities;                   6,820        

      (23)  Sales of motor vehicles to nonresidents of this state  6,822        

upon the presentation of an affidavit executed in this state by    6,823        

the nonresident purchaser affirming that the purchaser is a        6,824        

nonresident of this state, that possession of the motor vehicle    6,825        

is taken in this state for the sole purpose of immediately         6,826        

removing it from this state, that the motor vehicle will be        6,827        

permanently titled and registered in another state, and that the   6,828        

motor vehicle will not be used in this state;                      6,829        

      (24)  Sales to persons engaged in the preparation of eggs    6,831        

for sale of tangible personal property used or consumed directly   6,832        

in such preparation, including such tangible personal property     6,833        

used for cleaning, sanitizing, preserving, grading, sorting, and   6,834        

classifying by size; packages, including material and parts for    6,835        

packages, and machinery, equipment, and material for use in        6,836        

packaging eggs for sale; and handling and transportation           6,837        

equipment and parts therefor, except motor vehicles licensed to    6,838        

operate on public highways, used in intraplant or interplant       6,839        

transfers or shipment of eggs in the process of preparation for    6,840        

sale, when the plant or plants within or between which such        6,841        

transfers or shipments occur are operated by the same person.      6,842        

                                                          164    


                                                                 
"Packages" includes containers, cases, baskets, flats, fillers,    6,843        

filler flats, cartons, closure materials, labels, and labeling     6,844        

materials, and "packaging" means placing therein.                  6,845        

      (25)(a)  Sales of water to a consumer for residential use,   6,847        

except the sale of bottled water, distilled water, mineral water,  6,848        

carbonated water, or ice;                                          6,849        

      (b)  Sales of water by a nonprofit corporation engaged       6,851        

exclusively in the treatment, distribution, and sale of water to   6,852        

consumers, if such water is delivered to consumers through pipes   6,853        

or tubing.                                                         6,854        

      (26)  Fees charged for inspection or reinspection of motor   6,856        

vehicles under section 3704.14 of the Revised Code;                6,857        

      (27)  Sales of solar, wind, or hydrothermal energy systems   6,859        

that meet the guidelines established under division (B) of         6,860        

section 1551.20 of the Revised Code, components of such systems    6,861        

that are identified under division (B) or (D) of that section, or  6,862        

charges for the installation of such systems or components, made   6,863        

during the period from August 14, 1979, through December 31,       6,864        

1985;                                                              6,865        

      (28)  Sales to persons licensed to conduct a food service    6,867        

operation pursuant to section 3732.03 of the Revised Code, of      6,868        

tangible personal property primarily used directly for the         6,869        

following:                                                                      

      (a)  To prepare food for human consumption for sale;         6,871        

      (b)  To preserve food that has been or will be prepared for  6,874        

human consumption for sale by the food service operator, not                    

including tangible personal property used to display food for      6,875        

selection by the consumer;                                         6,876        

      (c)  To clean tangible personal property used to prepare or  6,878        

serve food for human consumption for sale.                         6,879        

      (29)  Sales of animals by nonprofit animal adoption          6,881        

services or county humane societies;                               6,882        

      (30)  Sales of services to a corporation described in        6,884        

division (A) of section 5709.72 of the Revised Code, and sales of  6,885        

                                                          165    


                                                                 
tangible personal property that qualifies for exemption from       6,886        

taxation under section 5709.72 of the Revised Code;                6,887        

      (31)  Sales and installation of agricultural land tile, as   6,889        

defined in division (B)(5)(a) of section 5739.01 of the Revised    6,890        

Code;                                                              6,891        

      (32)  Sales and erection or installation of portable grain   6,893        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   6,894        

Revised Code;                                                      6,895        

      (33)  The sale, lease, repair, and maintenance of; parts     6,897        

for; or items attached to or incorporated in motor vehicles that   6,898        

are primarily used for transporting tangible personal property by  6,899        

a person engaged in highway transportation for hire;               6,900        

      (34)  Sales to the state headquarters of any veterans'       6,902        

organization in Ohio that is either incorporated and issued a      6,903        

charter by the congress of the United States or is recognized by   6,904        

the United States veterans administration, for use by the          6,905        

headquarters;                                                      6,906        

      (35)  Sales to a telecommunications service vendor of        6,908        

tangible personal property and services used directly and          6,909        

primarily in transmitting, receiving, switching, or recording any  6,910        

interactive, two-way electromagnetic communications, including     6,911        

voice, image, data, and information, through the use of any        6,912        

medium, including, but not limited to, poles, wires, cables,       6,913        

switching equipment, computers, and record storage devices and     6,914        

media, and component parts for the tangible personal property.     6,915        

The exemption provided in division (B)(35) of this section shall   6,916        

be in lieu of all other exceptions under division (E)(2) of        6,917        

section 5739.01 of the Revised Code to which a telecommunications  6,918        

service vendor may otherwise be entitled based upon the use of     6,919        

the thing purchased in providing the telecommunications service.   6,920        

      (36)  Sales of investment metal bullion and investment       6,922        

coins.  "Investment metal bullion" means any elementary precious   6,923        

metal that has been put through a process of smelting or           6,924        

refining, including, but not limited to, gold, silver, platinum,   6,925        

                                                          166    


                                                                 
and palladium, and which is in such state or condition that its    6,926        

value depends upon its content and not upon its form.              6,927        

"Investment metal bullion" does not include fabricated precious    6,928        

metal that has been processed or manufactured for one or more      6,930        

specific and customary industrial, professional, or artistic       6,931        

uses.  "Investment coins" means numismatic coins or other forms    6,932        

of money and legal tender manufactured of gold, silver, platinum,  6,933        

palladium, or other metal under the laws of the United States or   6,934        

any foreign nation with a fair market value greater than any       6,935        

statutory or nominal value of such coins.                          6,936        

      (37)(a)  Sales where the purpose of the consumer is to use   6,938        

or consume the things transferred in making retail sales and       6,939        

consisting of newspaper inserts, catalogues, coupons, flyers,      6,940        

gift certificates, or other advertising material that prices and   6,942        

describes tangible personal property offered for retail sale.      6,943        

      (b)  Sales to direct marketing vendors of preliminary        6,945        

materials such as photographs, artwork, and typesetting that will  6,946        

be used in printing advertising material; of printed matter that   6,947        

offers free merchandise or chances to win sweepstake prizes and    6,948        

that is mailed to potential customers with advertising material    6,949        

described in division (B)(37)(a) of this section; and of           6,950        

equipment such as telephones, computers, facsimile machines, and   6,951        

similar tangible personal property primarily used to accept        6,952        

orders for direct marketing retail sales.                          6,953        

      (c)  Sales of automatic food vending machines that preserve  6,955        

food with a shelf life of forty-five days or less by               6,956        

refrigeration and dispense it to the consumer.                     6,957        

      For purposes of division (B)(37) of this section, "direct    6,959        

marketing" means the method of selling where consumers order       6,960        

tangible personal property by United States mail, delivery         6,961        

service, or telecommunication and the vendor delivers or ships     6,962        

the tangible personal property sold to the consumer from a         6,963        

warehouse, catalogue distribution center, or similar fulfillment   6,964        

facility by means of the United States mail, delivery service, or  6,965        

                                                          167    


                                                                 
common carrier.                                                    6,966        

      (38)  Sales to a person engaged in the business of           6,968        

horticulture or producing livestock of materials to be             6,969        

incorporated into a horticulture structure or livestock            6,970        

structure;                                                         6,971        

      (39)  The sale of a motor vehicle that is used exclusively   6,973        

for a vanpool ridesharing arrangement to persons participating in  6,974        

the vanpool ridesharing arrangement when the vendor is selling     6,975        

the vehicle pursuant to a contract between the vendor and the      6,976        

department of transportation;                                                   

      (40)  Sales of personal computers, computer monitors,        6,978        

computer keyboards, modems, and other peripheral computer          6,979        

equipment to an individual who is licensed or certified to teach   6,980        

in an elementary or a secondary school in this state for use by    6,981        

that individual in preparation for teaching elementary or                       

secondary school students;                                         6,982        

      (41)  Sales to a professional racing team of any of the      6,984        

following:                                                         6,985        

      (a)  Motor racing vehicles;                                  6,987        

      (b)  Repair services for motor racing vehicles;              6,990        

      (c)  Items of property that are attached to or incorporated  6,993        

in motor racing vehicles, including engines, chassis, and all      6,994        

other components of the vehicles, and all spare, replacement, and  6,995        

rebuilt parts or components of the vehicles; except not including  6,996        

tires, consumable fluids, paint, and accessories consisting of     6,997        

instrumentation sensors and related items added to the vehicle to  6,998        

collect and transmit data by means of telemetry and other forms    6,999        

of communication.                                                               

      (42)  Sales of used manufactured homes and used mobile       7,001        

homes, as defined in section 5739.0210 of the Revised Code, MADE   7,002        

ON OR AFTER JANUARY 1, 2000.                                       7,003        

      For the purpose of the proper administration of this         7,005        

chapter, and to prevent the evasion of the tax, it is presumed     7,006        

that all sales made in this state are subject to the tax until     7,007        

                                                          168    


                                                                 
the contrary is established.                                       7,008        

      As used in this section, except in division (B)(16) of this  7,010        

section, "food" includes cereals and cereal products, milk and     7,011        

milk products including ice cream, meat and meat products, fish    7,012        

and fish products, eggs and egg products, vegetables and           7,013        

vegetable products, fruits, fruit products, and pure fruit         7,014        

juices, condiments, sugar and sugar products, coffee and coffee    7,015        

substitutes, tea, and cocoa and cocoa products.  It does not       7,016        

include:  spirituous or malt liquors; soft drinks; sodas and       7,017        

beverages that are ordinarily dispensed at bars and soda           7,018        

fountains or in connection therewith, other than coffee, tea, and  7,019        

cocoa; root beer and root beer extracts; malt and malt extracts;   7,020        

mineral oils, cod liver oils, and halibut liver oil; medicines,    7,021        

including tonics, vitamin preparations, and other products sold    7,022        

primarily for their medicinal properties; and water, including     7,023        

mineral, bottled, and carbonated waters, and ice.                  7,024        

      (C)  The levy of an excise tax on transactions by which      7,026        

lodging by a hotel is or is to be furnished to transient guests    7,027        

pursuant to this section and division (B) of section 5739.01 of    7,028        

the Revised Code does not prevent any of the following:            7,029        

      (1)  A municipal corporation or township from levying an     7,031        

excise tax for any lawful purpose not to exceed three per cent on  7,032        

transactions by which lodging by a hotel is or is to be furnished  7,033        

to transient guests in addition to the tax levied by this          7,034        

section.  If a municipal corporation or township repeals a tax     7,035        

imposed under division (C)(1) of this section and a county in      7,036        

which the municipal corporation or township has territory has a    7,037        

tax imposed under division (C) of section 5739.024 of the Revised  7,038        

Code in effect, the municipal corporation or township may not      7,039        

reimpose its tax as long as that county tax remains in effect.  A  7,040        

municipal corporation or township in which a tax is levied under   7,041        

division (B)(2) of section 351.021 of the Revised Code may not     7,042        

increase the rate of its tax levied under division (C)(1) of this  7,043        

section to any rate that would cause the total taxes levied under  7,044        

                                                          169    


                                                                 
both of those divisions to exceed three per cent on any lodging    7,045        

transaction within the municipal corporation or township.          7,046        

      (2)  A municipal corporation or a township from levying an   7,048        

additional excise tax not to exceed three per cent on such         7,049        

transactions pursuant to division (B) of section 5739.024 of the   7,050        

Revised Code.  Such tax is in addition to any tax imposed under    7,051        

division (C)(1) of this section.                                   7,052        

      (3)  A county from levying an excise tax pursuant to         7,054        

division (A) of section 5739.024 of the Revised Code.              7,055        

      (4)  A county from levying an excise tax not to exceed       7,057        

three per cent of such transactions pursuant to division (C) of    7,058        

section 5739.024 of the Revised Code.  Such a tax is in addition   7,059        

to any tax imposed under division (C)(3) of this section.          7,060        

      (5)  A convention facilities authority, as defined in        7,062        

division (A) of section 351.01 of the Revised Code, from levying   7,063        

the excise taxes provided for in division (B) of section 351.021   7,064        

of the Revised Code.                                               7,065        

      (6)  A county from levying an excise tax not to exceed one   7,067        

and one-half per cent of such transactions pursuant to division    7,068        

(D) of section 5739.024 of the Revised Code.  Such tax is in       7,069        

addition to any tax imposed under division (C)(3) or (4) of this   7,070        

section.                                                           7,071        

      (7)  A county from levying an excise tax not to exceed one   7,073        

and one-half per cent of such transactions pursuant to division    7,074        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     7,075        

addition to any tax imposed under division (C)(3), (4), or (6) of  7,076        

this section.                                                      7,077        

      (D)  The levy of this tax on retail sales of recreation and  7,079        

sports club service shall not prevent a municipal corporation      7,080        

from levying any tax on recreation and sports club dues or on any  7,081        

income generated by recreation and sports club dues.               7,082        

      Sec. 5741.02.  (A)  For the use of the general revenue fund  7,091        

of the state, an excise tax is hereby levied on the storage, use,  7,092        

or other consumption in this state of tangible personal property   7,093        

                                                          170    


                                                                 
or the benefit realized in this state of any service provided.     7,094        

The tax shall be collected pursuant to the schedules in section    7,095        

5739.025 of the Revised Code.                                      7,096        

      (B)  Each consumer, storing, using, or otherwise consuming   7,098        

in this state tangible personal property or realizing in this      7,099        

state the benefit of any service provided, shall be liable for     7,100        

the tax, and such liability shall not be extinguished until the    7,101        

tax has been paid to this state; provided, that the consumer       7,102        

shall be relieved from further liability for the tax if the tax    7,103        

has been paid to a seller in accordance with section 5741.04 of    7,104        

the Revised Code or prepaid by the seller in accordance with       7,105        

section 5741.06 of the Revised Code.                               7,106        

      (C)  The tax does not apply to the storage, use, or          7,108        

consumption in this state of the following described tangible      7,109        

personal property or services, nor to the storage, use, or         7,110        

consumption or benefit in this state of tangible personal          7,111        

property or services purchased under the following described       7,112        

circumstances:                                                     7,113        

      (1)  When the sale of property or service in this state is   7,115        

subject to the excise tax imposed by sections 5739.01 to 5739.31   7,116        

of the Revised Code, provided said tax has been paid;              7,117        

      (2)  Except as provided in division (D) of this section,     7,119        

tangible personal property or services, the acquisition of which,  7,120        

if made in Ohio, would be a sale not subject to the tax imposed    7,121        

by sections 5739.01 to 5739.31 of the Revised Code;                7,122        

      (3)  Property or services, the storage, use, or other        7,124        

consumption of or benefit from which this state is prohibited      7,125        

from taxing by the Constitution of the United States, laws of the  7,127        

United States, or the Constitution of this state.  This exemption  7,129        

shall not exempt from the application of the tax imposed by this   7,130        

section the storage, use, or consumption of tangible personal      7,131        

property that was purchased in interstate commerce, but that has   7,133        

come to rest in this state, provided that fuel to be used or       7,134        

transported in carrying on interstate commerce that is stopped     7,136        

                                                          171    


                                                                 
within this state pending transfer from one conveyance to another               

is exempt from the excise tax imposed by this section and section  7,137        

5739.02 of the Revised Code;                                       7,138        

      (4)  Transient use of tangible personal property in this     7,140        

state by a nonresident tourist or vacationer, or a non-business    7,141        

use within this state by a nonresident of this state, if the       7,142        

property so used was purchased outside this state for use outside  7,143        

this state and is not required to be registered or licensed under  7,144        

the laws of this state;                                            7,145        

      (5)  Tangible personal property or services rendered upon    7,147        

which taxes have been paid to another jurisdiction to the extent   7,148        

of the amount of the tax paid to such other jurisdiction.  Where   7,149        

the amount of the tax imposed by this section and imposed          7,150        

pursuant to section 5741.021, 5741.022, or 5741.023 of the         7,151        

Revised Code exceeds the amount paid to another jurisdiction, the  7,152        

difference shall be allocated between the tax imposed by this      7,153        

section and any tax imposed by a county or a transit authority     7,154        

pursuant to section 5741.021, 5741.022, or 5741.023 of the         7,155        

Revised Code, in proportion to the respective rates of such        7,156        

taxes.                                                             7,157        

      As used in this subdivision, "taxes paid to another          7,159        

jurisdiction" means the total amount of retail sales or use tax    7,160        

or similar tax based upon the sale, purchase, or use of tangible   7,161        

personal property or services rendered legally, levied by and      7,162        

paid to another state or political subdivision thereof, or to the  7,163        

District of Columbia, where the payment of such tax does not       7,164        

entitle the taxpayer to any refund or credit for such payment.     7,165        

      (6)  The transfer of a used manufactured home or used        7,167        

mobile home, as defined by section 5739.0210 of the Revised Code,  7,168        

on which the transfer tax imposed by section 322.06 of the         7,170        

Revised Code has been paid MADE ON OR AFTER JANUARY 1, 2000.       7,171        

      (D)  The tax applies to the storage, use, or other           7,173        

consumption in this state of tangible personal property or         7,174        

services, the acquisition of which at the time of sale was         7,175        

                                                          172    


                                                                 
excepted under division (E)(1) of section 5739.01 of the Revised   7,176        

Code from the tax imposed by section 5739.02 of the Revised Code,  7,177        

but which has subsequently been temporarily or permanently         7,178        

stored, used, or otherwise consumed in a taxable manner.           7,179        

      (E)  For the purpose of the proper administration of         7,181        

sections 5741.01 to 5741.22 of the Revised Code, and to prevent    7,182        

the evasion of the tax hereby levied, it shall be presumed that    7,183        

any use, storage, or other consumption of tangible personal        7,184        

property in this state is subject to the tax until the contrary    7,185        

is established.                                                    7,186        

      Section 2.  That existing sections 109.71, 109.77, 145.01,   7,188        

145.33, 306.42, 306.52, 319.54, 742.63, 2925.44, 2933.43,          7,189        

2935.01, 4301.021, 4301.10, 4301.21, 4301.31, 4301.53, 4301.66,    7,190        

4501.03, 4501.10, 4501.27, 4503.102, 4503.19, 4505.06, 4507.011,   7,192        

4507.02, 4509.101, 4561.021, 4561.20, 4561.341, 4563.01, 4906.10,  7,194        

5501.03, 5501.04, 5501.07, 5502.01, 5502.13, 5502.14, 5502.16,     7,196        

5502.17, 5502.18, 5502.62, 5517.011, 5735.051, 5739.02, and        7,197        

5741.02 and sections 4501.14 and 5502.61 of the Revised Code are   7,198        

hereby repealed.                                                   7,199        

      Section 3.  Except as otherwise provided, all appropriation  7,201        

line items (ALI) in this act are hereby appropriated out of any    7,202        

moneys in the state treasury to the credit of the designated       7,203        

fund, which are not otherwise appropriated.  For all               7,204        

appropriations made in this act, those amounts in the first        7,205        

column are for fiscal year 2000 and those amounts in the second    7,206        

column are for fiscal year 2001.                                   7,207        

      Section 4.  DOT  DEPARTMENT OF TRANSPORTATION                7,211        

FND ALI     ALI TITLE                    FY 2000        FY 2001    7,213        

              Transportation Planning and Research                 7,215        

Highway Operating Fund Group                                       7,217        

002 771-411 Planning and Research                                  7,220        

            - State               $   11,817,700 $   12,106,000    7,222        

002 771-412 Planning and Research                                  7,224        

            - Federal             $   25,424,800 $   25,510,000    7,226        

                                                          173    


                                                                 
TOTAL HOF Highway Operating                                        7,227        

   Fund Group                     $   37,242,500 $   37,616,000    7,230        

TOTAL ALL BUDGET FUND GROUPS -                                     7,231        

   Transportation Planning                                         7,232        

   and Research                   $   37,242,500 $   37,616,000    7,235        

                      Highway Construction                         7,236        

Highway Operating Fund Group                                       7,238        

002 772-421 Highway Construction                                   7,240        

            - State               $  366,422,300 $  377,232,400    7,242        

002 772-422 Highway Construction                                   7,244        

            - Federal             $  859,575,200 $  874,490,000    7,246        

002 772-424 Highway Construction                                   7,248        

            - Other               $   50,000,000 $   50,000,000    7,250        

212 770-005 Infrastructure Debt                                    7,252        

            Service - Federal     $   16,100,000 $   16,300,000    7,254        

212 772-423 Infrastructure Lease                                   7,256        

            Payments - Federal    $   12,534,463 $   12,535,063    7,258        

212 772-426 Highway                                                7,260        

            Infrastructure Bank -                                               

            Federal               $    5,000,000 $    5,000,000    7,262        

212 772-427 Highway                                                7,264        

            Infrastructure Bank -                                               

            State                 $   32,030,000 $   32,030,000    7,266        

TOTAL HOF Highway Operating                                        7,267        

   Fund Group                     $1,341,661,963 $1,367,587,463    7,270        

Highway Capital Improvement Fund Group                             7,272        

042 772-723 Highway Construction                                   7,275        

            - Bonds               $  225,000,000 $  102,500,000    7,277        

TOTAL 042 Capital Highway                                          7,278        

   Improvement                                                                  

   Fund Group                     $  225,000,000 $  102,500,000    7,281        

Infrastructure Bank Obligations                                    7,282        

   Fund Group                                                                   

                                                          174    


                                                                 
045 772-428 Highway                                                7,284        

            Infrastructure Bank -                                               

            Bonds                 $   30,000,000 $            0    7,286        

TOTAL 045 Infrastructure Bank                                      7,287        

   Obligations Fund Group         $   30,000,000 $            0    7,290        

TOTAL ALL BUDGET FUND GROUPS -                                     7,291        

   Highway Construction           $1,596,661,963 $1,470,087,463    7,294        

                       Highway Maintenance                         7,296        

Highway Operating Fund Group                                       7,298        

002 773-431 Highway Maintenance -                                  7,301        

            State                 $  361,614,800 $  361,027,000    7,303        

TOTAL HOF Highway Operating                                        7,304        

   Fund Group                     $  361,614,800 $  361,027,000    7,307        

TOTAL ALL BUDGET FUND GROUPS -                                     7,310        

   Highway Maintenance            $  361,614,800 $  361,027,000    7,313        

                    Intermodal Transportation                      7,316        

State Special Revenue Fund Group                                   7,318        

4Y2 774-446 Congestion Mitigation                                  7,321        

            Revolving Fund        $       50,000 $       50,000    7,323        

4T5 770-609 Administration                                         7,325        

            Memorial Fund         $        5,000 $        5,000    7,327        

TOTAL SSR State Special Revenue                                    7,328        

   Fund Group                     $       55,000 $       55,000    7,331        

TOTAL ALL BUDGET FUND GROUPS -                                     7,332        

   Intermodal Transportation      $       55,000 $       55,000    7,335        

                      Public Transportation                        7,337        

Highway Operating Fund Group                                       7,338        

002 775-452 Public Transportation                                  7,341        

            - Federal             $   43,375,000 $   43,375,000    7,343        

002 775-454 Public Transportation                                  7,345        

            - Other               $    1,002,000 $    1,002,000    7,347        

002 775-459 Elderly and Disabled                                   7,349        

            Special Equipment -                                                 

            Federal               $    3,510,000 $    3,510,000    7,351        

                                                          175    


                                                                 
TOTAL HOF Highway Operating                                        7,352        

   Fund Group                     $   47,887,000 $   47,887,000    7,355        

TOTAL ALL BUDGET FUND GROUPS -                                     7,356        

   Public Transportation          $   47,887,000 $   47,887,000    7,359        

                       Rail Transportation                         7,361        

Highway Operating Fund Group                                       7,362        

002 776-462 Grade Crossings -                                      7,365        

            Federal               $   15,000,000 $   15,000,000    7,367        

TOTAL HOF Highway Operating                                        7,368        

   Fund Group                     $   15,000,000 $   15,000,000    7,371        

TOTAL ALL BUDGET FUND GROUPS -                                     7,372        

   Rail Transportation            $   15,000,000 $   15,000,000    7,375        

                            Aviation                               7,377        

Highway Operating Fund Group                                       7,379        

002 777-472 Airport Improvements                                   7,382        

            - Federal             $      405,000 $      405,000    7,384        

002 777-475 Aviation                                               7,386        

            Administration        $    4,540,716 $    4,557,140    7,388        

TOTAL HOF Highway Operating                                        7,389        

   Fund Group                     $    4,945,716 $    4,962,140    7,392        

TOTAL ALL BUDGET FUND GROUPS -                                     7,393        

   Aviation                       $    4,945,716 $    4,962,140    7,396        

                         Administration                            7,398        

Highway Operating Fund Group                                       7,400        

002 779-491 Administration -                                       7,403        

            State                 $  107,561,200 $  107,686,500    7,405        

TOTAL HOF Highway Operating                                        7,406        

   Fund Group                     $  107,561,200 $  107,686,500    7,409        

TOTAL ALL BUDGET FUND GROUPS -                                     7,410        

   Administration                 $  107,561,200 $  107,686,500    7,413        

                          Debt Service                             7,415        

Highway Operating Fund Group                                       7,417        

002 770-003 Administration -                                       7,420        

            State - Debt Service  $   18,000,000 $   21,100,000    7,422        

                                                          176    


                                                                 
TOTAL HOF Highway Operating                                        7,423        

   Fund Group                     $   18,000,000 $   21,100,000    7,426        

TOTAL ALL BUDGET FUND GROUPS -                                     7,427        

Debt Service                      $   18,000,000 $   21,100,000    7,430        

               TOTAL Department of Transportation                  7,433        

TOTAL HOF Highway Operating                                        7,435        

   Fund Group                     $1,933,913,179 $1,962,866,103    7,438        

TOTAL 042 Highway Capital                                          7,439        

   Improvement Fund Group         $  225,000,000 $  102,500,000    7,442        

TOTAL 045 Infrastructure Bank                                      7,443        

   Obligations Fund Group         $   30,000,000 $            0    7,446        

TOTAL SSR State Special Revenue                                    7,447        

   Fund Group                     $       55,000 $       55,000    7,450        

TOTAL ALL BUDGET FUND GROUPS      $2,188,968,179 $2,065,421,103    7,453        

      Section 4.01.  Issuance of Bonds                             7,456        

      The Commissioners of the Sinking Fund, upon the request of   7,458        

the Director of Transportation, are hereby authorized to issue     7,459        

and sell, in accordance with the provisions of Section 2m of       7,460        

Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56  7,461        

of the Revised Code, obligations, including bonds and notes, of    7,462        

the State of Ohio in the aggregate amount of $320,000,000 in       7,463        

addition to the original issuance of obligations heretofore        7,464        

authorized by prior acts of the General Assembly.                  7,465        

      The obligations shall be dated, issued, and sold from time   7,467        

to time in such amounts as may be necessary to provide sufficient  7,468        

moneys to the credit of the Highway Capital Improvement Fund       7,469        

(Fund 042) created by section 5528.53 of the Revised Code to pay   7,471        

costs charged to the fund when due as estimated by the Director    7,472        

of Transportation, provided, however, that such obligations shall               

be issued and sold at such time or times so that not more than     7,473        

$220,000,000 original principal amount of obligations, plus the    7,474        

principal amount of obligations that in prior fiscal years could   7,475        

have been, but were not issued within the $220,000,000 limit, may  7,476        

be issued in any fiscal year, and not more than $1,200,000,000     7,477        

                                                          177    


                                                                 
original principal amount of obligations issued pursuant to        7,478        

Section 2m of Article VIII, Ohio Constitution, and sections                     

5528.51 and 5528.56 of the Revised Code are outstanding at any     7,479        

one time.                                                                       

      Bond Funds Transfer                                          7,480        

      The Director of Budget and Management may cancel             7,482        

encumbrances associated with Highway Obligations Construction      7,483        

Fund (Fund 041) appropriations and reestablish such encumbrances   7,484        

or parts of encumbrances as needed in fiscal year 2000 in the      7,485        

Highway Capital Improvement Fund (Fund 042) appropriation item     7,486        

772-723, Highway Construction - Bonds, for the same purpose and                 

to the same vendor.  As determined by the director, the            7,487        

appropriation authority necessary to reestablish such              7,488        

encumbrances in fiscal year 2000 in Fund 042 is hereby             7,489        

authorized.  The director shall reduce each year's appropriation                

balances by the amount of the encumbrances cancelled in its        7,490        

respective line item.  As determined by the director, any cash     7,491        

balance remaining in Fund 041 may be transferred to Fund 042.      7,492        

      Section 4.02.  Maintenance Interstate Highways               7,494        

      The Director of Transportation may remove snow and ice, and  7,496        

maintain, repair, improve, or provide lighting upon interstate     7,497        

highways that are located within the boundaries of municipal       7,498        

corporations, adequate to meet the requirements of federal law.    7,500        

When agreed in writing by the director and the legislative                      

authority of a municipal corporation, and notwithstanding          7,501        

sections 125.01 and 125.11 of the Revised Code, the Department of  7,502        

Transportation may reimburse the municipal corporation for all or  7,503        

any part of the costs, as provided by such agreement, incurred by  7,504        

the municipal corporation in maintaining, repairing, lighting,     7,505        

and removing snow and ice from the interstate system.              7,506        

      Section 4.03.  Transfer of Appropriations - Planning and     7,511        

Research, Highway Construction, Maintenance and Administration     7,512        

      The Director of Budget and Management may approve requests   7,514        

from the Department of Transportation for transfer of              7,515        

                                                          178    


                                                                 
appropriations for highway planning and research (appropriation    7,516        

items 771-411 and 771-412), highway construction (appropriation    7,517        

items 772-421, 772-422, and 772-424), highway maintenance          7,518        

(appropriation item 773-431), and highway administration           7,519        

(appropriation item 779-491).  Transfers of appropriations shall   7,521        

be made upon the written request of the Director of                7,522        

Transportation with the approval of the Director of Budget and     7,523        

Management.  Such transfers shall be reported to the Controlling   7,524        

Board at the next regularly scheduled meeting of the board.        7,525        

      This transfer language is intended to provide for emergency  7,527        

situations and flexibility to meet unforeseen conditions that      7,528        

could arise during the budget period.  This will also allow the    7,529        

department to optimize the use of available resources, and adjust  7,530        

to circumstances affecting the obligation and expenditure of       7,531        

federal funds.                                                     7,532        

      Transfer of Appropriations - State Infrastructure Bank       7,534        

      The Director of Budget and Management may approve requests   7,536        

from the Department of Transportation for transfer of              7,537        

appropriations and cash of the Infrastructure Bank funds created   7,539        

in section 5531.09 of the Revised Code, including transfers        7,540        

between fiscal years 2000 and 2001.  Such transfers shall be       7,541        

reported to the Controlling Board at the next regularly scheduled               

meeting of the board.  However, the director may not make          7,542        

transfers out of debt service and lease payment appropriation      7,543        

items unless the director determines that the appropriated         7,544        

amounts exceed the actual and projected debt, rental, or lease     7,545        

payments.                                                                       

      The Director of Budget and Management may approve requests   7,547        

from the Department of Transportation for transfer of              7,548        

appropriations and cash of the Highway Operating Fund (Fund 002)   7,549        

to the Infrastructure Bank funds created in section 5531.09 of     7,550        

the Revised Code.  The Director of Budget and Management may       7,551        

transfer from the Infrastructure Bank funds to the Highway         7,553        

Operating Fund up to the amounts originally transferred to the     7,554        

                                                          179    


                                                                 
Infrastructure Bank funds under this section.  Such transfers      7,555        

shall be reported to the Controlling Board at the next regularly   7,556        

scheduled meeting of the board.  However, the director may not     7,557        

make transfers between modes and transfers between different       7,558        

funding sources.                                                   7,559        

      Increase Appropriation Authority - State Funds               7,561        

      In the event that revenues or unexpended balances credited   7,563        

to the Highway Operating Fund exceed the estimates upon which the  7,564        

appropriations have been made in this act, the Director of         7,566        

Transportation may submit a request to the Controlling Board for   7,567        

increased appropriation authority in the same manner as            7,568        

prescribed in section 131.35 of the Revised Code.  Such            7,570        

additional revenues or unexpended balances are hereby              7,571        

appropriated to the Department of Transportation when authorized   7,572        

by the Controlling Board.                                                       

      Increase Appropriation Authority - Federal and Local Funds   7,575        

      In the event that receipts or unexpended balances credited   7,577        

to the Highway Operating Fund or apportionments or allocations     7,578        

made available from the federal and local government exceed the    7,579        

estimates upon which the appropriations have been made in this     7,582        

act, such excess is hereby appropriated and may be added to the    7,583        

appropriate item or items when requested by the Director of        7,584        

Transportation and approved by the Director of Budget and          7,585        

Management and the Controlling Board.                                           

      Reappropriations                                             7,587        

      All appropriations of the Highway Operating Fund (Fund       7,589        

002), the Highway Capital Improvement Fund (Fund 042), and the     7,591        

Infrastructure Bank funds created in section 5531.09 of the        7,592        

Revised Code remaining unencumbered on June 30, 1999, and the      7,593        

unexpended balance of prior years' appropriations that             7,594        

subsequently become unencumbered after June 30, 1999, subject to   7,595        

the availability of revenue as determined by the Director of       7,596        

Transportation, are hereby reappropriated for the same purpose in  7,597        

fiscal year 2000 upon the request of the Director of               7,598        

                                                          180    


                                                                 
Transportation with the approval of the Director of Budget and     7,600        

Management.  Such reappropriations shall be reported to the        7,601        

Controlling Board at the next regularly scheduled meeting of the   7,602        

board.                                                                          

      All appropriations of the Highway Operating Fund (Fund       7,604        

002), the Highway Capital Improvement Fund (Fund 042), and the     7,606        

Infrastructure Bank funds created in section 5531.09 of the        7,607        

Revised Code remaining unencumbered as of June 30, 2000, are       7,609        

reappropriated for use during fiscal year 2001 for the same        7,610        

purpose.  The department shall report all such reappropriations    7,611        

to the Controlling Board.                                          7,612        

      Section 4.04.  Public Access Roads for State Facilities      7,614        

      Of the foregoing appropriation item 772-421, Highway         7,616        

Construction - State, $3,100,000 is to be used each fiscal year    7,617        

during the 1999-2001 biennium by the Department of Transportation  7,618        

for the construction, reconstruction, or maintenance of public     7,619        

access roads, including support features, to and within state      7,620        

facilities owned or operated by the Department of Natural          7,621        

Resources, as requested by the Director of Natural Resources.      7,622        

      Notwithstanding section 5511.06 of the Revised Code, of the  7,624        

foregoing appropriation item 772-421, Highway Construction -       7,625        

State, $2,200,000 in each fiscal year of the 1999-2001 biennium    7,626        

shall be used by the Department of Transportation for the          7,627        

construction, reconstruction, or maintenance of park drives or     7,628        

park roads within the boundaries of metropolitan parks.            7,629        

      Included in the foregoing appropriation item 772-421,        7,631        

Highway Construction - State, the department may perform related   7,633        

road work on behalf of the Ohio Expositions Commission at the      7,634        

state fairgrounds.  This includes reconstruction or maintenance    7,636        

of public access roads, including support features, to and within  7,638        

the facilities as requested by the commission and approved by the  7,639        

Director of Transportation.                                        7,640        

      Liquidation of Unforeseen Liabilities                        7,642        

      Any appropriation made to the Department of Transportation,  7,644        

                                                          181    


                                                                 
Highway Operating Fund, not otherwise restricted by law, is        7,645        

available to liquidate unforeseen liabilities arising from         7,647        

contractual agreements of prior years when the prior year          7,648        

encumbrance is insufficient.                                       7,649        

      Congestion Mitigation                                        7,651        

      The foregoing appropriation item 774-446, Congestion         7,653        

Mitigation Revolving Fund, shall be used to make loans or grants   7,654        

for the construction, reconstruction, resurfacing, restoring,      7,655        

rehabilitation, or replacement of public or private                7,656        

transportation facilities as eligible under United States Code,    7,657        

Title XXIII.  Fund revenues shall include, but are not limited                  

to, payments received from any public or private agency in         7,658        

repayment of a loan previously made from the fund or pursuant to   7,659        

23 U.S.C. 129(a)(7) or successor legislation; interest or other    7,660        

income earned on the investment of moneys in the fund; and any     7,661        

additional moneys made available from any sources, public or                    

private, for the purposes for which the fund has been              7,662        

established.                                                                    

      Section 4.05.  Department of Taxation                        7,664        

      By the thirtieth day of June of each fiscal year, the        7,666        

Director of Budget and Management shall transfer $4,300,000 in     7,667        

cash from Fund 002, the Highway Operating Fund, to the General     7,668        

Revenue Fund for reimbursement of the services provided by the     7,670        

Department of Taxation pursuant to sections 5728.08, 5735.26, and  7,671        

5735.29 of the Revised Code.                                                    

      Rental Payments - OBA                                        7,673        

      The foregoing appropriation item 770-003, Administration -   7,675        

State - Debt Service, shall be used to pay rent to the Ohio        7,676        

Building Authority for various capital facilities to be            7,678        

constructed, reconstructed, or rehabilitated for the use of the    7,680        

Department of Transportation, including the department's plant     7,681        

and facilities at its central office, field districts, and county  7,682        

and outpost locations.  The rental payments shall be made from     7,683        

revenues received from the motor vehicle fuel tax.  The amounts    7,684        

                                                          182    


                                                                 
of any bonds and notes to finance such capital facilities shall    7,685        

be at the request of the Director of Transportation.               7,686        

Notwithstanding section 152.24 of the Revised Code, the Ohio       7,687        

Building Authority may, with approval of the Office of Budget and  7,688        

Management, lease capital facilities to the Department of          7,689        

Transportation.                                                                 

      The Director of Transportation shall hold title to any land  7,691        

purchased and any resulting structures that are attributable to    7,692        

this appropriation item.  Notwithstanding section 152.18 of the    7,694        

Revised Code, the Director of Transportation shall administer any  7,696        

purchase of land and any contract for construction,                7,698        

reconstruction, and rehabilitation of facilities as a result of    7,699        

this appropriation.                                                             

      Should the appropriation and any reappropriations from       7,701        

prior years in appropriation item 770-003 exceed the rental        7,702        

payments for fiscal year 2000 or 2001, then prior to June 30,      7,703        

2001, the balance may be transferred to appropriation item         7,704        

772-421, 773-431, or 779-491.  Such transfer shall be requested    7,706        

by the Director of Transportation with approval by the Director    7,707        

of Budget and Management.  Transfers shall be reported to the      7,708        

Controlling Board at the next regularly scheduled meeting of the   7,709        

board.                                                                          

      Section 4.06.  Composite Bridge Decks                        7,711        

      The Governor may authorize a program to investigate the use  7,713        

of composite and other alternative material bridge decks both to   7,714        

extend scarce transportation dollars and to promote economic       7,715        

development in Ohio.                                                            

      Section 4.07. Public Transportation Highway Purpose Grants   7,717        

      The Director of Transportation is authorized to use          7,719        

revenues from the state motor vehicle fuel tax to match approved   7,721        

federal grants awarded to the Department of Transportation,        7,723        

regional transit authorities, or eligible public transportation    7,724        

systems, for public transportation highway purposes, or to         7,725        

support local or state funded projects for public transportation   7,727        

                                                          183    


                                                                 
highway purposes.  Public transportation highway purposes          7,728        

include:  the construction or repair of high-occupancy vehicle     7,729        

traffic lanes, the acquisition or construction of park-and-ride    7,731        

facilities, the acquisition or construction of public              7,732        

transportation vehicle loops, the construction or repair of        7,733        

bridges used by public transportation vehicles or that are the     7,735        

responsibility of a regional transit authority or other public     7,737        

transportation system, or other similar construction that is       7,739        

designated as an eligible public transportation highway purpose.   7,741        

These motor vehicle fuel tax revenues may not be used for                       

operating assistance or for the purchase of vehicles, equipment,   7,742        

or maintenance facilities.                                         7,743        

      Section 4.08.  Aviation Fuel Study                           7,745        

      The Department of Transportation shall complete a            7,747        

comprehensive aviation study with the cooperation of the Office    7,748        

of Budget and Management, the Legislative Budget Office of the     7,749        

Legislative Service Commission, the Department of Taxation, and    7,751        

any other agency that is deemed necessary.  The report shall       7,752        

include all the following and any additional information deemed    7,753        

necessary:                                                                      

      (A)  The amount of aviation fuel sold in Ohio by type;       7,755        

      (B)  A breakdown of all taxes paid on that fuel;             7,757        

      (C)  The current state of the airport infrastructure of      7,759        

Ohio's public use general aviation airports;                       7,760        

      (D)  The forecasted needs of those airports in the 21st      7,762        

century.                                                                        

      The report shall be completed by October 1, 1999, and        7,764        

reported to the House Finance and Appropriations Committee.        7,765        

      Section 5.  DHS  DEPARTMENT OF PUBLIC SAFETY                 7,767        

            Highway Safety Information and Education               7,768        

State Highway Safety Fund Group                                    7,770        

036 761-321 Operating Expense -                                    7,773        

            Information and                                                     

            Education             $    2,817,706 $    2,893,048    7,775        

                                                          184    


                                                                 
036 761-402 Traffic Safety Match  $      277,137 $      277,137    7,779        

831 761-610 Information and                                        7,781        

            Education - Federal   $      532,824 $      539,964    7,783        

83N 761-611 Elementary School                                      7,785        

            Seat Belt Program     $      362,356 $      370,151    7,787        

832 761-612 Traffic                                                7,789        

            Safety-Federal        $   11,911,963 $   12,312,386    7,791        

844 761-613 Seat Belt Education                                    7,793        

            Program               $      208,743 $      213,753    7,795        

846 761-625 Motorcycle Safety                                      7,797        

            Education             $    1,250,698 $    1,271,962    7,799        

847 761-622 Film Production                                        7,801        

            Reimbursement         $       43,079 $       44,285    7,803        

TOTAL HSF State Highway Safety                                     7,804        

   Fund Group                     $   17,406,506 $   17,924,687    7,807        

TOTAL ALL BUDGET FUND GROUPS -                                     7,808        

   Highway Safety Information                                      7,809        

   and Education                  $   17,406,506 $   17,924,687    7,812        

      Federal Highway Safety Program Match                         7,815        

      The foregoing appropriation item 761-402, Traffic Safety     7,817        

Match, shall be used to provide the nonfederal portion of the      7,818        

federal Highway Safety Program.  Upon request by the Director of   7,819        

Public Safety and approval by the Director of Budget and           7,820        

Management, appropriation item 761-402 shall be used to transfer   7,821        

appropriations from the Highway Safety Fund to the Traffic Safety  7,822        

- Federal Fund (Fund 832) at the beginning of each fiscal year on  7,823        

an intrastate transfer voucher.                                    7,824        

      Film Production Reimbursement                                7,826        

      The foregoing appropriation item 761-622, Film Production    7,828        

Reimbursement, shall be used by the Division of Administration of  7,829        

the Department of Public Safety for the purpose of providing a     7,831        

method of collection from other state agencies for services and    7,833        

supplies provided for production of public service announcements   7,834        

and training materials.  This appropriation shall be expended      7,835        

                                                          185    


                                                                 
only for supplies and the maintenance of equipment necessary to    7,838        

perform such services.                                                          

      Section 5.01.  Bureau of Motor Vehicles                      7,840        

State Special Revenue Fund Group                                   7,842        

4U0 762-638 Collegiate License                                     7,845        

            Plate Program         $      406,709 $      416,470    7,847        

4U2 762-641 Football Hall of Fame                                  7,849        

            License Plates        $      252,975 $      259,046    7,851        

5G8 762-668 Ohio CASA/GAL License                                  7,853        

            Plates                $      300,000 $      307,200    7,855        

5G9 762-669 Rotary International                                   7,857        

            License Plates        $       20,000 $       20,480    7,859        

5J0 762-670 Pro Sports Team                                        7,861        

            License Plates        $    1,250,000 $    2,500,000    7,863        

5J1 762-671 Boy Scouts License                                     7,865        

            Plates                $       25,000 $       25,000    7,867        

5J2 762-672 Girl Scouts License                                    7,869        

            Plates                $       25,000 $       25,000    7,871        

5J3 762-673 Eagle Scouts License                                   7,873        

            Plates                $       25,000 $       25,000    7,875        

5J4 762-674 FOP License Plates    $       15,000 $       15,000    7,879        

5J5 762-675 FOP Associates                                         7,881        

            License Plates        $       60,000 $       60,000    7,883        

539 762-614 Motor Vehicle Dealers                                  7,885        

            Board                 $      222,623 $      227,506    7,887        

TOTAL SSR State Special Revenue                                    7,888        

   Fund Group                     $    2,602,307 $    3,880,702    7,891        

State Highway Safety Fund Group                                    7,894        

4W4 762-321 Operating Expense-BMV $   59,524,444 $   59,584,303    7,899        

4W4 762-410 Registrations                                          7,901        

            Supplement            $   31,480,879 $   32,197,278    7,903        

83R 762-639 Local Immobilization                                   7,905        

            Reimbursement         $    1,261,973 $    1,292,260    7,907        

                                                          186    


                                                                 
835 762-616 Financial                                              7,909        

            Responsibility                                                      

            Compliance            $    5,650,575 $    5,674,529    7,911        

849 762-627 Automated Title                                        7,913        

            Processing Board      $   16,354,358 $   11,858,624    7,915        

TOTAL HSF State Highway Safety                                     7,916        

   Fund Group                     $  114,272,229 $  110,606,994    7,919        

TOTAL ALL BUDGET FUND GROUPS -                                     7,920        

   Bureau of Motor Vehicles       $  116,874,536 $  114,487,696    7,923        

      Motor Vehicle Registrations                                  7,926        

      The Registrar of Motor Vehicles may deposit revenues equal   7,929        

to any estimated deficiency in the State Bureau of Motor Vehicles  7,930        

Fund (Fund 4W4), established in section 4501.25 of the Revised     7,931        

Code, obtained pursuant to sections 4503.02 and 4504.02 of the     7,932        

Revised Code to support in part appropriations for operating       7,933        

expenses and to defray the cost of manufacturing and distributing  7,934        

license plates and license plate stickers and enforcing the law    7,935        

relative to the operation and registration of motor vehicles.      7,936        

Notwithstanding section 4501.03 of the Revised Code, the above     7,937        

amount shall be paid into the State Bureau of Motor Vehicles Fund  7,938        

before any revenues obtained pursuant to sections 4503.02 and      7,940        

4504.02 of the Revised Code are paid into any other fund.  The     7,941        

deposit of revenues to meet the aforementioned deficiency shall    7,942        

be in approximate equal amounts on a monthly basis or as           7,943        

otherwise determined by the Director of Budget and Management                   

pursuant to a plan submitted by the Registrar of Motor Vehicles.   7,944        

      Capital Projects                                             7,946        

      The Registrar of Motor Vehicles may transfer revenue from    7,950        

the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State    7,951        

Highway Safety Fund (Fund 036) to meet its obligations for         7,952        

capital projects CIR-047, Department of Public Safety Office       7,953        

Building, and CIR-049, Warehouse Facility.                         7,954        

      Administrative Functions                                     7,956        

      Subject to the approval of the Director of Budget and        7,958        

                                                          187    


                                                                 
Management, the Registrar of Motor Vehicles may transfer cash      7,959        

from the State Bureau of Motor Vehicles Fund (Fund 4W4) and the    7,960        

Automated Title Processing Fund (Fund 849) to the State Highway    7,961        

Safety Fund (Fund 036) to meet obligations for its proportionate   7,962        

share of costs for the department's administrative functions, as   7,964        

mutually agreed to between the Director of Public Safety and the   7,965        

Registrar of Motor Vehicles.                                                    

      Bureau of Motor Vehicle Fund Consolidation                   7,967        

      On July 1, 1999, or as soon thereafter as possible, the      7,969        

Director of Budget and Management shall transfer the cash          7,971        

balances in the Central Registration Fund (Fund 83E) and the       7,972        

Facility Rentals Fund (Fund 83L) to the State Bureau of Motor      7,973        

Vehicles Fund (Fund 4W4).  Both the Central Registration Fund and  7,974        

the Facility Rentals Fund are hereby abolished.  The spending      7,975        

authority to honor encumbrances established in the prior fiscal    7,977        

year is hereby appropriated.                                                    

      Section 5.02.  Enforcement                                   7,979        

State Highway Safety Fund Group                                    7,980        

036 764-033 Minor Capital                                          7,983        

            Projects              $    1,659,186 $    1,689,075    7,985        

036 764-321 Operating Expense -                                    7,987        

            Highway Patrol        $  172,777,889 $  171,329,899    7,989        

83C 764-630 Contraband,                                            7,991        

            Forfeiture, Other     $      572,263 $      583,057    7,993        

83F 764-657 Law Enforcement Auto.                                  7,995        

            Data System           $    4,794,209 $    4,882,658    7,997        

83G 764-633 OMVI Fines            $      727,033 $      731,550    8,001        

831 764-610 Patrol/Federal        $    2,055,814 $    2,049,980    8,005        

831 764-659 Transportation                                         8,007        

            Enforcement - Federal $    2,517,623 $    2,499,615    8,009        

837 764-602 Turnpike Policing     $    8,347,714 $    8,312,784    8,013        

838 764-606 Patrol Reimbursement  $      212,025 $      212,025    8,017        

840 764-607 State Fair Security   $    1,248,521 $    1,241,747    8,021        

                                                          188    


                                                                 
840 764-617 Security and                                           8,023        

            Investigations        $    3,964,371 $    3,940,861    8,025        

840 764-626 State Fairgrounds                                      8,027        

            Police Force          $      732,167 $      750,364    8,029        

840 761-667 Security Assessment   $      137,560 $      139,416    8,033        

841 764-603 Salvage and Exchange                                   8,035        

            - Highway Patrol      $    1,187,761 $    1,216,267    8,037        

TOTAL HSF State Highway Safety                                     8,038        

   Fund Group                     $  200,934,136 $  199,579,298    8,041        

General Services Fund Group                                        8,044        

4S2 764-660 MARCS Maintenance     $      304,284 $      303,550    8,049        

TOTAL GSF General Services                                         8,050        

   Fund Group                     $      304,284 $      303,550    8,053        

TOTAL ALL BUDGET FUND GROUPS -                                     8,054        

   Enforcement                    $  201,238,420 $  199,882,848    8,057        

      Collective Bargaining Increases                              8,060        

      Notwithstanding division (D) of section 127.14 and division  8,062        

(B) of section 132.35 of the Revised Code, except for the General  8,063        

Revenue Fund, the Controlling Board may, upon the request of       8,065        

either the Director of Budget and Management, or the Department    8,066        

of Public Safety with the approval of the Director of Budget and   8,068        

Management, increase appropriations for any fund, as necessary     8,070        

for the Department of Public Safety, to assist in paying the       8,071        

costs of increases in employee compensation that have occurred     8,073        

that are provided pursuant to collective bargaining agreements     8,074        

under Chapter 4117. of the Revised Code and, for exempt            8,075        

employees, under section 124.152 of the Revised Code.              8,076        

      Section 5.03.  Emergency Medical Services                    8,078        

State Highway Safety Fund Group                                    8,080        

83M 765-624 Operating Expenses -                                   8,083        

            EMS                   $    1,560,000 $    1,578,512    8,085        

83P 765-637 EMS Grants            $    4,000,000 $    4,000,000    8,089        

831 765-610 EMS/Federal           $      251,760 $      257,803    8,093        

TOTAL HSF State Highway Safety                                     8,094        

                                                          189    


                                                                 
   Fund Group                     $    5,811,760 $    5,836,315    8,097        

TOTAL ALL BUDGET FUND GROUPS -                                     8,098        

   Emergency Medical Services     $    5,811,760 $    5,836,315    8,101        

      Section 5.04.  Special Enforcement                           8,104        

State Highway Safety Fund Group                                    8,106        

831 767-610 Liquor Enforcement -                                   8,109        

            Federal               $      200,000 $      200,000    8,111        

831 769-610 Food Stamp                                             8,113        

            Trafficking                                                         

            Enforcement - Federal $      721,787 $      878,704    8,115        

TOTAL HSF State Highway Safety                                     8,116        

   Fund Group                     $      921,787 $    1,078,704    8,119        

Liquor Control Fund Group                                          8,122        

043 767-321 Liquor Enforcement -                                   8,125        

            Operations            $    8,531,000 $    8,379,000    8,127        

TOTAL LCF Liquor Control Fund                                      8,128        

   Group                          $    8,531,000 $    8,379,000    8,131        

State Special Revenue Fund Group                                   8,134        

622 767-615 Investigative                                          8,137        

            Contraband and                                                      

            Forfeiture            $      377,295 $      385,768    8,139        

TOTAL SSR State Special Revenue                                    8,140        

   Fund Group                     $      377,295 $      385,768    8,143        

TOTAL ALL BUDGET FUND GROUPS -                                     8,144        

   Special Enforcement            $    9,830,082 $    9,843,472    8,147        

      Food Stamp and Liquor Enforcement Fund Consolidation         8,150        

      On July 1, 1999, or as soon thereafter as possible, the      8,152        

Director of Budget and Management shall transfer the cash          8,154        

balances in the Liquor Enforcement Contraband, Forfeiture and      8,156        

Other Fund (Fund 863) and the Food Stamp Contraband, Forfeiture                 

and Other Fund (Fund 4M3) to the Investigative Contraband,         8,157        

Forfeiture and Other Fund (Fund 622).  Both the Liquor             8,159        

Enforcement Contraband, Forfeiture and Other Fund and the Food     8,160        

Stamp Contraband, Forfeiture and Other Fund are hereby abolished.  8,161        

                                                          190    


                                                                 
The spending authority to honor encumbrances established in the                 

prior fiscal year is hereby appropriated.                          8,162        

      Section 5.05.  Emergency Management                          8,164        

Federal Special Revenue Fund Group                                 8,166        

3N5 763-644 U.S. DOE Agreement    $      199,875 $      195,961    8,172        

329 763-645 Individual/Family                                      8,174        

            Grant - Fed           $      750,000 $      749,674    8,176        

337 763-609 Federal Disaster                                       8,178        

            Relief                $   10,600,000 $    5,597,556    8,180        

339 763-647 Emergency Management                                   8,182        

            Assistance and                                                      

            Training              $    4,500,000 $    4,490,434    8,184        

TOTAL FED Federal Special                                          8,185        

   Revenue Fund Group             $   16,049,875 $   11,033,625    8,188        

General Services Fund Group                                        8,191        

4V3 763-662 Storms/NOAA                                            8,194        

            Maintenance           $      169,900 $      167,943    8,196        

4W6 763-663 MARCS Operations      $      436,000 $      432,447    8,200        

533 763-601 State Disaster Relief $    8,370,843 $    4,372,348    8,204        

TOTAL GSF General Services                                         8,205        

   Fund Group                     $    8,976,743 $    4,972,738    8,208        

State Special Revenue Fund Group                                   8,211        

4Y0 763-654 EMA Utility Payment   $      143,220 $      146,657    8,216        

4Y1 763-655 Salvage &                                              8,218        

            Exchange-EMA          $       27,028 $       27,676    8,220        

657 763-652 Utility Radiological                                   8,222        

            Safety                $      822,079 $      806,339    8,224        

681 763-653 SARA Title III HAZMAT                                  8,226        

            Planning              $      190,000 $      188,452    8,228        

TOTAL SSR State Special Revenue                                    8,229        

   Fund Group                     $    1,182,327 $    1,169,124    8,232        

TOTAL ALL BUDGET FUND GROUPS -                                     8,233        

Emergency Management              $   26,208,945 $   17,175,487    8,236        

      MARCS Fund Transfer                                          8,239        

                                                          191    


                                                                 
      In the event that the Emergency Management Agency is not     8,241        

designated by the Director of Administrative Services as the       8,242        

agency to operate the Multi-Agency Radio Communications System     8,243        

(MARCS), the Director of Budget and Management, with the           8,244        

concurrence of the Director of Public Safety and the approval of   8,245        

the Controlling Board, shall transfer the MARCS System Operations               

Fund (Fund 4W6) and appropriation item 763-663, MARCS Operations,  8,246        

from the Emergency Management Agency to the state agency that is   8,248        

designated by the Director of Administrative Services as the       8,249        

caretaker of the operation of the Multi-Agency Radio               8,250        

Communications System.                                                          

      SARA Title III HAZMAT Planning                               8,252        

      The SARA Title III HAZMAT Planning Fund (Fund 681) shall     8,254        

receive grant funds from the Emergency Response Commission to      8,255        

implement the Emergency Management Agency's responsibilities       8,256        

under Sub. S.B. 367 of the 117th General Assembly.                              

      Section 5.06.  Administration                                8,258        

State Highway Safety Fund Group                                    8,260        

036 766-321 Operating Expense -                                    8,263        

            Administration        $    4,373,000 $    4,442,000    8,265        

830 761-603 Salvage and Exchange                                   8,267        

            - Administration      $       20,574 $       21,067    8,269        

TOTAL HSF State Highway Safety                                     8,270        

   Fund Group                     $    4,393,574 $    4,463,067    8,273        

General Services Fund Group                                        8,276        

4S3 766-661 Hilltop Utility                                        8,279        

            Reimbursement         $      550,000 $      550,000    8,281        

5C7 762-664                                                        8,282        

TOTAL GSF General Services                                         8,283        

   Fund Group                     $      550,000 $      550,000    8,286        

TOTAL ALL BUDGET FUND GROUPS -                                     8,287        

   Administration                 $    4,943,574 $    5,013,067    8,290        

      Section 5.07.  Debt Service                                  8,293        

State Highway Safety Fund Group                                    8,295        

                                                          192    


                                                                 
036 761-401 Lease Rental Payments $   12,600,000 $   14,000,000    8,300        

TOTAL HSF State Highway Safety                                     8,301        

   Fund Group                     $   12,600,000 $   14,000,000    8,304        

TOTAL ALL BUDGET FUND GROUPS -                                     8,305        

   Debt Service                   $   12,600,000 $   14,000,000    8,308        

      Hilltop Security Fund Consolidation                          8,311        

      On July 1, 1999, or as soon thereafter as possible, the      8,313        

Director of Budget and Management shall transfer the cash          8,315        

balances in the Hilltop Security Fund (Fund 5C8) to the State      8,316        

Highway Safety Fund (Fund 036) and the Hilltop Security Fund is    8,317        

hereby abolished.  The spending authority to honor encumbrances                 

established in the prior fiscal year is hereby appropriated.       8,318        

      OBA Bond Authority/Lease Rental Payments                     8,320        

      The foregoing appropriation item 761-401, Lease Rental       8,322        

Payments, shall be used for payments to the Ohio Building          8,323        

Authority for the period July 1, 1999, to June 30, 2001, pursuant  8,324        

to the primary leases and agreements for those buildings made      8,325        

under Chapter 152. of the Revised Code that are pledged for bond   8,326        

service charges on related obligations issued pursuant to Chapter  8,327        

152. of the Revised Code.  Notwithstanding section 152.24 of the   8,328        

Revised Code, the Ohio Building Authority may, with approval of    8,329        

the Office of Budget and Management, lease capital facilities to   8,330        

the Department of Public Safety.                                   8,331        

      Hilltop Transfer                                             8,333        

      The Director of Public Safety shall determine, per an        8,335        

agreement with the Director of Transportation, the share of each   8,336        

debt service payment made out of appropriation item 761-401,       8,337        

Lease Rental Payments, that relates to the Department of           8,338        

Transportation's portion of the Hilltop Building Project, and                   

shall certify to the Director of Budget and Management the         8,339        

amounts of this share.  The Director of Budget and Management      8,340        

shall transfer such shares from the Highway Operating Fund (Fund   8,341        

002) to the Highway Safety Fund (Fund 036).                                     

      Section 5.08.  Revenue Distribution                          8,343        

                                                          193    


                                                                 
Holding Account Redistribution Fund Group                          8,345        

R24 762-619 Unidentified Motor                                     8,348        

            Vehicle Receipts      $    1,600,000 $    1,600,000    8,350        

R27 764-608 Patrol Fee Refunds    $       35,000 $       35,000    8,354        

TOTAL 090 Holding Account                                          8,355        

   Redistribution Fund Group      $    1,635,000 $    1,635,000    8,358        

TOTAL ALL BUDGET FUND GROUPS -                                     8,359        

   Revenue Distribution           $    1,635,000 $    1,635,000    8,362        

                TOTAL Department of Public Safety                  8,364        

TOTAL HSF State Highway Safety                                     8,366        

   Fund Group                     $  356,337,992 $  353,487,064    8,369        

TOTAL SSR State Special Revenue                                    8,370        

   Fund Group                     $    4,161,929 $    5,435,594    8,373        

TOTAL LCF Liquor Control                                           8,374        

   Fund Group                     $    8,531,000 $    8,379,000    8,377        

TOTAL GSF General Services                                         8,378        

   Fund Group                     $    9,831,027 $    5,826,288    8,381        

TOTAL FED Federal Revenue Special                                  8,382        

   Fund Group                     $   16,049,875 $   11,033,625    8,385        

TOTAL 090 Holding Account                                          8,386        

   Redistribution                                                               

   Fund Group                     $    1,635,000 $    1,635,000    8,389        

TOTAL ALL BUDGET FUND GROUPS      $  396,546,823 $  385,796,571    8,392        

      Section 5.09.  Transfer of Funds                             8,395        

      The Director of Budget and Management, pursuant to a plan    8,397        

submitted by the Department of Public Safety or as otherwise       8,398        

determined by the director, shall set a monthly cash transfer      8,399        

schedule to meet any estimated deficiency in the State Highway     8,400        

Safety Fund (Fund 036) established in section 4501.06 of the       8,401        

Revised Code.                                                                   

      The director shall transfer to the Highway Safety Fund from  8,403        

the Highway Operating Fund (Fund 002) established in section       8,404        

5735.291 of the Revised Code such amounts at such times as         8,405        

determined by the transfer schedule.                               8,406        

                                                          194    


                                                                 
      Data Services Fund (5C7)                                     8,408        

      Upon the effective date of this section, any residual cash   8,410        

in the Data Services Fund (Fund 5C7) shall be transferred to the   8,411        

Highway Safety Fund (Fund 036) and the Bureau of Motor Vehicles    8,412        

Fund (Fund 4W4).  The residual cash shall be divided between       8,413        

Funds 036 and 4W4 in amounts proportional to the amounts that      8,414        

were previously transferred to Fund 5C7 from Funds 036 and 4W4 as  8,416        

provided in Section 8.09 of Am. Sub. H.B. 210 of the 122nd         8,417        

General Assembly.                                                               

      Notwithstanding any provision of law to the contrary, the    8,420        

Director of Budget and Management is authorized to take the                     

actions as described in this section.  The Director of Budget and  8,421        

Management may make any transfers of cash balances between funds   8,422        

5C7, 036, and 4W4 as previously described in this section.  The    8,423        

Registrar of Motor Vehicles shall certify to the Director of       8,424        

Budget and Management the amount of cash balance to be             8,425        

transferred to the receiving funds.                                8,426        

      Cash Balance Fund Review                                     8,428        

      Not later than the first day of April in each fiscal year    8,430        

of the biennium, the Director of Budget and Management shall       8,432        

review the cash balances for each fund, except the State Highway   8,434        

Safety Fund (Fund 036), in the State Highway Safety Fund Group     8,435        

and with the advice of the Legislative Budget Officer shall        8,436        

recommend to the Controlling Board an amount to be transferred to  8,438        

the credit of the State Highway Safety Fund, or the Bureau of                   

Motor Vehicles Fund, as appropriate.                               8,439        

      Section 6.  DEV  DEPARTMENT OF DEVELOPMENT                   8,441        

State Special Revenue Fund Group                                   8,443        

4W0 195-629 Roadwork Development  $   12,699,900 $   12,699,900    8,448        

TOTAL SSR State Special Revenue                                    8,449        

   Fund Group                     $   12,699,900 $   12,699,900    8,452        

TOTAL ALL BUDGET FUND GROUPS      $   12,699,900 $   12,699,900    8,455        

      Any unspent balance remaining within Fund 4W0 appropriation  8,457        

item 195-629, Roadwork Development, at the end of fiscal year      8,458        

                                                          195    


                                                                 
1999 is hereby appropriated in fiscal year 2000.                   8,459        

      Roadwork Development Fund                                    8,461        

      The Roadwork Development Fund shall be used for road         8,463        

improvements associated with economic development opportunities    8,464        

that will retain or attract businesses for Ohio.  "Road            8,465        

improvements" are improvements to public roadway facilities                     

located on, or serving or capable of serving, a project site.      8,466        

      The Department of Transportation, under the direction of     8,468        

the Department of Development, shall provide these funds in        8,469        

accordance with all guidelines and requirements established for    8,470        

Department of Development appropriation item 195-412, Business     8,471        

Development, including Controlling Board review and approval as    8,472        

well as the requirements for usage of gas tax revenue prescribed   8,473        

in Section 5a of Article XII, Ohio Constitution.  Should the       8,475        

Department of Development require the assistance of the            8,476        

Department of Transportation to bring a project to completion,     8,477        

the Department of Transportation shall use the authority under                  

Title LV of the Revised Code to provide such assistance and enter  8,478        

into contracts on behalf of the Department of Development.  In     8,479        

addition, these funds may be used in conjunction with              8,480        

appropriation item 195-412, Business Development, or any other     8,482        

state funds appropriated for infrastructure improvements.                       

      The Director of Budget and Management, pursuant to a plan    8,484        

submitted by the Department of Development or as otherwise         8,485        

determined by the director, shall set a transfer schedule to meet  8,487        

any estimated deficiency in the Department of Development's        8,488        

Roadwork Development Fund (Fund 4W0).  The director shall          8,489        

transfer to the Roadwork Development Fund from the Highway         8,490        

Operating Fund (Fund 002), established in section 5735.291 of the  8,491        

Revised Code, such amounts at such times as determined by the      8,492        

transfer schedule.                                                              

      Transportation Improvement Districts                         8,494        

      Of the foregoing appropriation item 195-629, Roadwork        8,496        

Development, $250,000 each fiscal year of the biennium shall be    8,497        

                                                          196    


                                                                 
paid by the Director of Development to each of the transportation  8,498        

improvement districts of Butler, Hamilton, Medina, and Stark       8,499        

counties, as provided for in section 5540.151 of the Revised       8,501        

Code.  The transportation improvement districts may use the        8,502        

payments for any purpose authorized under Chapter 5540. of the     8,503        

Revised Code, including administrative activities and the                       

purchase of property and rights for the construction,              8,504        

maintenance, or operation of a project.  These payments shall not  8,505        

be subject to the restrictions of appropriation item 195-629.      8,506        

      Section 7.  PWC  PUBLIC WORKS COMMISSION                     8,508        

Local Transportation Improvements Fund Group                       8,510        

052 150-402 LTIP - Operating      $      397,133 $      402,980    8,515        

052 150-701 Local Transportation                                   8,517        

            Improvement Program   $   62,000,000 $   62,000,000    8,519        

TOTAL 052 Local Transportation                                     8,520        

   Improvements Fund Group        $   62,397,133 $   62,402,980    8,523        

Local Infrastructure Improvements Fund Group                       8,526        

038 150-321 Operating Expenses    $      928,677 $      941,989    8,531        

TOTAL LIF Local Infrastructure                                     8,532        

   Improvements                                                                 

   Fund Group                     $      928,677 $      941,989    8,535        

TOTAL ALL BUDGET FUND GROUPS      $   63,325,810 $   63,344,969    8,538        

      District Administration Costs                                8,541        

      The Director of the Public Works Commission is authorized    8,543        

to create a District Administration Costs Program from interest    8,544        

earnings of the Capital Improvements Fund and Local                8,546        

Transportation Improvement Program Fund proceeds.  This program    8,548        

shall be used to provide for administration costs of the nineteen  8,549        

public works districts for the direct costs of district            8,551        

administration.  Districts choosing to participate in this         8,552        

program shall only expend Capital Improvements Fund moneys for     8,554        

Capital Improvements Fund costs and Local Transportation           8,555        

Improvement Program Fund moneys for Local Transportation           8,556        

Improvement Program Fund costs.  The account shall not exceed      8,557        

                                                          197    


                                                                 
$760,000 per fiscal year.  Each public works district may be                    

eligible for up to $40,000 per fiscal year from its district       8,558        

allocation as provided in sections 164.08 and 164.14 of the        8,559        

Revised Code.                                                      8,560        

      The director, by rule, shall define allowable and            8,562        

nonallowable costs for the purpose of the District Administration  8,563        

Costs Program.  Nonallowable costs include indirect costs,         8,564        

elected official salaries and benefits, and project-specific       8,565        

costs.  No district public works committee may participate in the  8,566        

District Administration Costs Program without the approval of      8,567        

those costs by the district public works committee pursuant to     8,568        

section 164.04 of the Revised Code.                                8,569        

      Reappropriations and Transfers                               8,571        

      All appropriations to the Local Transportation Improvement   8,573        

Program Fund (Fund 052) in Am. Sub. H.B. 210 of the 122nd General  8,575        

Assembly remaining unencumbered as of June 30, 1999, are                        

reappropriated for use during the period July 1, 1999, through     8,576        

June 30, 2001, for the same purpose.                               8,577        

      Notwithstanding division (B) of section 127.14 of the        8,579        

Revised Code, all appropriations and reappropriations to the       8,580        

Local Transportation Improvement Program Fund (Fund 052) in this   8,581        

act remaining unencumbered at June 30, 2000, may be transferred    8,582        

to fiscal year 2001 for the same purpose, subject to the           8,583        

availability of revenue as determined by the Director of the       8,584        

Public Works Commission.                                           8,585        

      Section 8.  Within the limits set forth in this act, the     8,587        

Director of Budget and Management shall establish accounts         8,588        

indicating the source and amount of funds for each item of         8,589        

appropriation made in this act, and shall determine the form and   8,590        

manner in which such appropriation accounts shall be maintained.   8,591        

Expenditures from appropriations contained in this act may be      8,592        

accounted as though made in the main operating appropriations act  8,594        

of the 123rd General Assembly.                                                  

      Section 9.  Lease Payments to OPFC, OBA, and Treasurer       8,596        

                                                          198    


                                                                 
      Certain appropriations are in this act for the purpose of    8,598        

lease payments to the Ohio Public Facilities Commission, to the    8,599        

Ohio Building Authority, and to the Treasurer of State for the     8,600        

purpose of paying principal and interest on bonds or notes issued  8,601        

by the Ohio Public Facilities Commission, the Ohio Building        8,602        

Authority, or the Treasurer of State pursuant to the Ohio          8,603        

Constitution and acts of the General Assembly.  If it is           8,604        

determined that additional appropriations are necessary for this   8,605        

purpose, such amounts are hereby appropriated.                     8,606        

      Section 10.  The Legislative Budget Office of the            8,608        

Legislative Service Commission shall conduct a study to determine  8,609        

the need for additional resources to meet local construction and   8,610        

maintenance needs for highways, bridges, and mass transit.  The    8,611        

study shall identify possible alternative sources of revenue that  8,612        

could be imposed by local governments, or imposed by the state     8,613        

and distributed to local governments.  The study also shall        8,614        

consider whether and how the state's allocation of funds to local  8,615        

projects could be done in ways more responsive to local needs and  8,617        

local variations in the condition of highways, bridges, and mass   8,618        

transit systems.  The Legislative Budget Office shall submit a     8,620        

report setting forth the results of its study to the General       8,621        

Assembly on or before July 1, 2000.                                             

      Section 11.  (A)  Not later than 90 days after the           8,623        

effective date of section 5525.25 of the Revised Code, the         8,624        

Director of Transportation shall report to the Controlling Board   8,625        

on the Department of Transportation's comprehensive                8,626        

implementation plan for warranties.  The report shall include the  8,627        

following:                                                                      

      (1)  The number and type of projects to be bid meeting the   8,629        

requirements of divisions (A) and (B) of that section;             8,630        

      (2)  An investigation of alternative warranty contracting    8,632        

options, including incentives, different bidding methods, and      8,633        

implementation of new technologies, construction techniques, and   8,634        

materials to prolong pavement life considering such factors as     8,635        

                                                          199    


                                                                 
density, smoothness, and segregation;                              8,636        

      (3)  Development of a surface warranty for all pavement      8,638        

projects on interstate highways and multi-lane, fully              8,639        

controlled-access highways under jurisdiction of the director.     8,640        

The surface warranty shall warrant only against common pavement    8,641        

distresses, including, but not limited to, delamination,           8,642        

raveling, and rutting.  The implementation plan must include a     8,643        

schedule of introduction of the surface warranty into the          8,644        

department's annual construction program so that all pavement      8,645        

projects let by the department require the warranty not later      8,646        

than June 30, 2001.                                                             

      (B)  Not later than December 31, 2000, the director shall    8,648        

report to the General Assembly the department's findings on the    8,649        

use of warranties, including comparisons of cost, techniques and   8,650        

quality of warranted and nonwarranted items, and recommendations   8,651        

for further use of warranties.                                     8,652        

      Section 12.  The Executive Director of the Ohio Rail         8,654        

Development Commission, the Chairman of the Public Utilities       8,655        

Commission, and the Deputy Director of the Emergency Management    8,656        

Agency shall review and evaluate information and develop a report  8,657        

concerning the following topics:                                   8,659        

      (A)  Grade separations and improvements needed to alleviate  8,661        

safety problems and congestion in the state;                       8,663        

      (B)  How to develop a priority system to determine the       8,665        

order in which those grade separations and improvements could be   8,667        

made;                                                                           

      (C)  Potential funding sources for the grade separation and  8,669        

improvement projects;                                              8,670        

      (D)  Statutory and regulatory changes that may be necessary  8,671        

to maintain the public health and safety with regard to predicted  8,672        

increases in rail transportation of hazardous materials in this    8,673        

state.                                                             8,674        

      The Executive Director, Chairman, and Deputy Director shall  8,676        

submit the report to the General Assembly on or before December    8,678        

                                                          200    


                                                                 
31, 1999.                                                                       

      Section 13.  As used in this section, "Department of Public  8,680        

Safety enforcement agent" has the same meaning as in section       8,681        

145.01 of the Revised Code, as amended by this act.                8,682        

      Not later than ninety days after the effective date of this  8,684        

section, each Department of Public Safety enforcement agent who    8,685        

is a member of the Public Employees Retirement System and was not  8,686        

immediately prior to the effective date of this section            8,687        

designated as a liquor control investigator shall indicate to the  8,689        

system, on a form supplied by the system, a choice of whether to   8,690        

receive benefits under division (A) of section 145.33 of the       8,691        

Revised Code or division (B) of that section.                                   

      Section 13.01.  (A)  On and after the effective date of      8,693        

this section, whenever the Liquor Enforcement Unit, Food Stamp     8,694        

Trafficking Unit, Food Stamp Fraud Unit, or Investigations Unit    8,695        

of the Department of Public Safety is referred to or designated    8,697        

in any statute, rule, contract, or other document, the reference   8,698        

or designation shall be deemed to refer to the Investigative Unit  8,699        

of the department, which is the name given under section 5502.13   8,700        

of the Revised Code, as amended by this act, to the units          8,701        

formerly known as the Liquor Enforcement Unit, Food Stamp          8,702        

Trafficking Unit, Food Stamp Fraud Unit, and Investigation Unit    8,703        

of the department.                                                              

      (B)  On and after the effective date of this section,        8,705        

whenever the position of liquor control investigator or food       8,706        

stamp trafficking agent is referred to or designated in any        8,707        

statute, rule, contract, or other document, the reference or       8,708        

designation shall be deemed to refer to the position of            8,709        

enforcement agent, which is the name given under section 5502.14   8,710        

of the Revised Code, as amended by this act, to the positions      8,711        

formerly known as liquor control investigator or food stamp        8,712        

trafficking agent.                                                              

      (C)  On the effective date of this section, any amounts in   8,714        

the Liquor Enforcement Contraband, Forfeiture, and Other Fund and  8,715        

                                                          201    


                                                                 
in the Food Stamp Contraband, Forfeiture, and Other Fund shall be  8,716        

transferred to the credit of the Department of Public Safety       8,717        

Investigative Unit Contraband, Forfeiture, and Other Fund, which   8,718        

is created under section 2933.43 of the Revised Code, as amended   8,719        

by this act, and which takes the place of the Liquor Enforcement   8,720        

Contraband, Forfeiture, and Other Fund and the Food Stamp          8,721        

Contraband, Forfeiture, and Other Fund.                            8,722        

      Section 14.  That Section 3 of Am. Sub. S.B. 20 of the       8,724        

120th General Assembly, as amended by Am. Sub. H.B. 215 of the     8,725        

122nd General Assembly, be amended to read as follows:             8,726        

      "Sec. 3.  (A)  Not later than January 1, 1998, the           8,729        

Registrar of Motor Vehicles shall adopt rules in accordance with   8,730        

Chapter 119. of the Revised Code to establish a pilot program      8,731        

requiring that persons randomly selected within the pilot program  8,732        

according to a method developed by the Registrar be required to    8,734        

verify the existence of proof of financial responsibility.  Not    8,735        

later than January 1, 2000, the Registrar shall adopt rules in     8,736        

accordance with Chapter 119. of the Revised Code to establish a    8,737        

permanent program requiring that persons randomly selected on a    8,739        

statewide basis be required to verify the existence of proof of                 

financial responsibility.  In adopting the rules, the Registrar    8,741        

may consider relevant findings and recommendations of the Task     8,742        

Force on the Enforcement of the Financial Responsibility Laws of   8,743        

Ohio.                                                                           

      (B)  THE RULES OF THE REGISTRAR FOR THE PILOT PROJECT SHALL  8,745        

DO ALL OF THE FOLLOWING:                                           8,746        

      (1)  ESTABLISH A THREE-STEP PROCESS FOR WRITTEN              8,748        

NOTIFICATION TO THE OWNER OF A VEHICLE RANDOMLY SELECTED TO        8,749        

SUBMIT PROOF OF FINANCIAL RESPONSIBILITY, WITH THE LAST            8,750        

NOTIFICATION, WHEN NECESSARY FOR AN OWNER WHO FAILS TO RESPOND TO  8,751        

THE PREVIOUS NOTICES, TO BE SENT BY CERTIFIED MAIL, RETURN         8,752        

RECEIPT REQUESTED.  IF THE SECOND NOTICE IS RETURNED AS NOT        8,754        

DELIVERABLE, THE REGISTRAR SHALL MAKE REASONABLE EFFORTS TO                     

DETERMINE IF THE OWNER'S ADDRESS HAS CHANGED BEFORE SENDING THE    8,755        

                                                          202    


                                                                 
THIRD NOTICE.                                                                   

      (2)  ALLOW AN ORDER OF THE REGISTRAR IMPOSING THE CIVIL      8,757        

PENALTIES REQUIRED UNDER DIVISION (A)(2) OF SECTION 4509.101 OF    8,758        

THE REVISED CODE TO BE ISSUED UPON THE FAILURE OF A VEHICLE OWNER  8,760        

TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY IN RESPONSE TO THE    8,761        

INITIAL NOTICE, BUT TO BE IMPLEMENTED IN REGARD TO OWNERS WHO      8,762        

FAIL TO RESPOND ONLY AFTER THE OWNER HAS FAILED TO RESPOND TO THE  8,763        

THIRD NOTICE SENT BY CERTIFIED MAIL OR THE CERTIFIED MAIL IS       8,764        

RETURNED AS REFUSED OR NOT DELIVERABLE.                            8,765        

      (3)  REQUIRE THE REGISTRAR, WHEN RECORDING THE NECESSARY     8,767        

INFORMATION FOR AN ORDER IMPOSING THE CIVIL PENALTIES REQUIRED     8,768        

UNDER DIVISION (A)(2) OF SECTION 4509.101 OF THE REVISED CODE, TO  8,770        

DISTINCTLY INDICATE THE TYPE OF SUSPENSION AND IMPOUNDMENT WHEN    8,771        

THE SUSPENSION OF THE PERSON'S LICENSE AND THE IMPOUNDMENT OF THE  8,772        

PERSON'S CERTIFICATE OF REGISTRATION AND LICENSE PLATES RESULTS    8,773        

FROM A FAILURE TO RESPOND TO THE RANDOM VERIFICATION.              8,774        

      (4)  ESTABLISH PROCEDURES FOR A PERSON TO PROVIDE PROOF OF   8,776        

FINANCIAL RESPONSIBILITY AT THE OFFICE OF A DEPUTY REGISTRAR IF    8,777        

THE OPERATING PRIVILEGES OR REGISTRATION RIGHTS OF THE PERSON ARE  8,778        

SUSPENDED BECAUSE OF A FAILURE TO RESPOND TO A FINANCIAL           8,779        

RESPONSIBILITY RANDOM VERIFICATION REQUEST.                        8,780        

      (C)  IF THE SUSPENSION OF A PERSON'S LICENSE AND THE         8,782        

IMPOUNDMENT OF THE PERSON'S CERTIFICATE OF REGISTRATION AND        8,783        

LICENSE PLATES RESULTS FROM A FAILURE TO RESPOND TO A RANDOM       8,784        

VERIFICATION, THE REGISTRAR DISTINCTLY SHALL INDICATE THE TYPE OF  8,785        

SUSPENSION AND IMPOUNDMENT WHEN PUTTING THE INFORMATION OF SUCH    8,786        

AN ORDER INTO THE LAW ENFORCEMENT AUTOMATED DATA SYSTEM AND        8,787        

RECORDING THE INFORMATION AS PART OF THE PERSON'S PERMANENT        8,788        

RECORD."                                                                        

      Section 15.  That existing Section 3 of Am. Sub. S.B. 20 of  8,790        

the 120th General Assembly, as amended by Am. Sub. H.B. 215 of     8,791        

the 122nd General Assembly, is hereby repealed.                    8,792        

      Section 16.  A task force to study the Bureau of Motor       8,794        

Vehicles' existing method of random selection to verify financial  8,795        

                                                          203    


                                                                 
responsibility is hereby established.  The task force shall study  8,796        

the method and make recommendations on changes to the General      8,797        

Assembly on or before June 1, 1999.  The task force shall consist  8,798        

of twelve members, including the Director of Public Safety, or     8,799        

the Director's designee and the Superintendent of Insurance.  The  8,801        

Speaker of the House of Representatives shall appoint five         8,802        

members of the House of Representatives to the task force, no      8,803        

more than three of whom shall be from the same political party as  8,804        

the Speaker.  The President of the Senate shall appoint five       8,805        

members of the Senate to the task force, no more than three of     8,806        

whom shall be from the same political party as the President.      8,807        

The Speaker and President shall make their appointments within     8,808        

two weeks after the effective date of this section, and shall      8,809        

jointly select the chairperson of the task force.  The Director    8,810        

of Public Safety, or the Director's designee, and the legislative  8,811        

members of the task force shall be voting members.  The            8,812        

Superintendent of Insurance shall be a nonvoting member.  After    8,813        

making its recommendations to the General Assembly, the task       8,814        

force shall cease to exist.                                                     

      This section is not subject to the referendum.  Therefore,   8,816        

under Ohio Constitution, Article II, Section 1d and section 1.471  8,817        

of the Revised Code, this section goes into immediate effect when  8,818        

this act becomes law.                                              8,819        

      Section 17.  There is hereby created the Task Force on       8,821        

Motor Vehicle Titling, consisting of the Director of Public        8,822        

Safety, the Registrar of Motor Vehicles, two members of the        8,824        

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   8,825        

as the President, two members of the House of Representatives,     8,826        

both of whom shall be appointed by the Speaker of the House of     8,827        

Representatives but only one of whom shall be of the same          8,828        

political party as the Speaker, a representative of the Office of  8,829        

the Attorney General designated by the Attorney General, a                      

representative of the Department of Taxation designated by the     8,830        

                                                          204    


                                                                 
Tax Commissioner, three members of the Ohio Clerks of Court        8,832        

Association, one of whom shall be appointed by the Governor and    8,833        

two of whom shall be selected by the Association as its            8,834        

representatives, the president of the Ohio Automobile Dealers                   

Association or the president's representative, the president of    8,837        

the Ohio Auto Auction Association or the president's               8,839        

representative, one person who represents a company that is a                   

member of the Ohio Telecommunications Industry Association and is  8,840        

appointed by the Governor, one person who represents a company     8,842        

that is engaged in the business of providing financing for the     8,843        

purchase or leasing of motor vehicles and is appointed by the      8,844        

Governor, and two members of the public at large who are                        

appointed by the Governor.                                         8,845        

      The President, Speaker, and Governor shall make their        8,847        

appointments, and the Tax Commissioner and Attorney General shall  8,849        

each designate a representative, within two weeks after the        8,852        

effective date of this section, and the President and Speaker                   

shall select jointly a chairperson of the Task Force from among    8,853        

the four legislative members.                                      8,854        

      The Task Force shall evaluate the current state of           8,856        

technology to determine whether the creation of an efficient,      8,857        

integrated, and accurate system of delivering information          8,858        

regarding ownership and other interests and related data and       8,860        

information relating to motor vehicles, including the area of                   

motor vehicle titling, is feasible, and if so, a general estimate  8,862        

of the costs involved in creating such a system.  The Task Force   8,864        

shall evaluate any recent advancements in the electronic transfer  8,865        

of information that would make creation of such a system           8,866        

possible.  The Task Force shall make any recommendations           8,867        

regarding actions that would need to be taken to create such a     8,869        

system.                                                                         

      The Task Force shall submit its report, including its        8,871        

evaluations and recommendations, to the Governor and the General   8,872        

Assembly not later than one hundred eighty days after the          8,873        

                                                          205    


                                                                 
effective date of this section, and then the Task Force shall      8,875        

cease to exist.                                                                 

      This section is not subject to the referendum.  Therefore,   8,877        

under Ohio Constitution, Article II, Section 1d and section 1.471  8,879        

of the Revised Code, this section goes into immediate effect when  8,880        

this act becomes law.                                                           

      Section 18.  (A)  The Governor is hereby authorized to       8,882        

execute a deed in the name of the state conveying to Jeffrey       8,883        

Heathcote, and his heirs and assigns under division (C) of this    8,885        

section, or to the purchaser, and the purchaser's successors and   8,887        

assigns or heirs and assigns determined under division (E) of                   

this section, all of the state's right, title, and interest in     8,889        

the following described real estate:                               8,890        

      Situated in the City of Elyria, County of Lorain and State   8,892        

of Ohio, and known as an entire single story structure formerly a  8,894        

highway patrol post located at 915 Lorain Street, (S. R. 57)       8,895        

Elyria, Ohio 44035 bounded and described as follows:                            

      The following metes and bounds description has been derived  8,897        

from a Warranty Deed to the State of Ohio, Department of Highway   8,899        

Safety, dated April 13, 1956:                                                   

      And known as being Part of Block "A" in Cascade Colony       8,901        

Re-Subdivided, of a part of original Elyria Township Lot No. 28,   8,903        

West of Black River as shown by the recorded plat in Volume 18 of  8,904        

Maps, Page 15 of Lorain County Records, and bounded and described  8,906        

as follows:                                                                     

      Beginning at an iron pin at the intersection of the          8,908        

Northerly line of Bell Avenue with the Easterly line of            8,910        

Lorain-Elyria Boulevard as shown on said plat; thence in the arc   8,912        

of a curve bearing to the left, being the North line of Bell                    

Avenue, the chord which bears North 86° 51' 16" East, 14.99 feet,  8,914        

15 feet to an iron pin; thence in the arc of a curve which bears   8,916        

to the left, being the North line of Bell Avenue, the chord of     8,917        

which bears North 70° 54' 27" East 152.39 feet, 154.04 feet to     8,918        

the principal place of beginning of premises herein described,                  

                                                          206    


                                                                 
and being the Southeast corner of land described in the lease to   8,919        

Shell Oil Company, dated June 28, 1955 and recorded in Volume 66,  8,920        

page 5 of Lorain County Lease Records; thence North 1° 10' 30"     8,921        

West, 112.60 feet to an iron pin; thence South 88° 49' 30" West,                

160 feet to an iron pin on the Easterly line of said               8,922        

Lorain-Elyria Boulevard; thence North 1° 10' 30" West along the    8,923        

Easterly line of said Lorain-Elyria Boulevard, 105.10 feet to the  8,924        

Northwest corner of said Block "A"; thence North 88° 14' East                   

along the Northerly line of said Block "A", 200.00 feet; thence    8,925        

South 1° 10' 30" East and parallel with said Easterly line of      8,926        

Lorain-Elyria Boulevard to the Northerly line of Bell Avenue;      8,928        

thence Westerly along the Northerly line of Bell Avenue, to the    8,929        

place of beginning                                                 8,930        

      (B)  The conveyance of the real estate under division (C)    8,932        

of this section and the sale of the real estate under division     8,934        

(E) of this section shall be subject to all existing easements,    8,935        

rights-of-way, and encumbrances of record, and subject further to  8,936        

any facts an accurate survey may disclose.                                      

      (C)(1)  The conveyance of the real estate described in       8,938        

division (A) of this section shall be subject to the terms and     8,939        

conditions of State of Ohio Lease File Number 05652, being a       8,941        

lease of real property between the State of Ohio (Ohio State       8,942        

Highway Patrol), through the Ohio Department of Administrative                  

Services, and Jeffrey Heathcote.                                   8,943        

      (2)  Consideration for conveyance of the real estate         8,945        

described in division (A) of this section shall be a purchase      8,947        

price of $143,650.                                                              

      (3)  Upon payment of the purchase price by Jeffrey           8,949        

Heathcote, the Auditor of State, with the assistance of the        8,950        

Attorney General, shall prepare a deed to the real estate          8,952        

described in division (A) of this section.  The deed shall state                

the consideration.  The deed shall be executed by the Governor in  8,954        

the name of the state, countersigned by the Secretary of State,    8,955        

sealed with the Great Seal of the State, presented in the Office   8,957        

                                                          207    


                                                                 
of the Auditor of State for recording, and delivered to Jeffrey    8,958        

Heathcote.  Jeffrey Heathcote shall present the deed for                        

recording in the Office of the Lorain County Recorder.             8,959        

      (4)  Jeffrey Heathcote shall pay the costs of the            8,961        

conveyance of the real estate described in division (A) of this    8,963        

section.                                                                        

      (D)  If after thirty days, Jeffrey Heathcote fails to pay    8,965        

the purchase price, the Director of Administrative Services shall  8,967        

review the appraisal of the real estate as of the effective date   8,969        

of this section and either approve or disapprove it.  If the       8,971        

Director disapproves the appraisal, the Director shall appraise                 

the real estate or have it appraised by one or more disinterested  8,972        

persons at a fee determined by the Director.                       8,973        

      (E)(1)  Upon compliance with division (D) of this section,   8,975        

the Director shall offer the real estate described in division     8,976        

(A) of this section for sale at public auction as follows:         8,977        

      (a)  The Director shall advertise the auction in a           8,979        

newspaper of general circulation in Lorain County once a week for  8,980        

three consecutive weeks immediately prior to the date of the       8,982        

auction.  The real estate shall be sold at the auction to the      8,984        

highest bidder for not less than two-thirds of its appraised                    

value.  The Director may reject any and all bids.                  8,986        

      (b)  The successful bidder shall pay ten per cent of the     8,988        

purchase price in cash, by bank draft, or by certified check at    8,990        

the time of sale and shall pay the balance of the purchase price   8,991        

within sixty days of the date of the sale.  If the purchaser does  8,993        

not complete the conditions of the sale as specified in this                    

division, the Director may void the sale by giving the defaulting  8,994        

purchaser written notice to that effect.  If the Director voids    8,995        

the sale, the part of the purchase price paid at the time of the   8,997        

sale shall be forfeited to the state as liquidated damages.        8,998        

      (c)  If no acceptable bids are received, or if the purchase  9,000        

is not completed and the sale is voided, the Director may sell     9,002        

the real estate at another public auction conducted as provided    9,003        

                                                          208    


                                                                 
in this section.                                                                

      (2)  Advertising costs, appraisal fees, and other costs      9,005        

incident to the sale of real estate under division (E)(1) of this  9,007        

section shall be paid by the Ohio State Highway Patrol.            9,009        

      (3)  Upon payment of ten per cent of the purchase price by   9,011        

the purchaser determined under division (E)(1) of this section,    9,012        

the Auditor of State, with the assistance of the Attorney          9,014        

General, shall prepare a deed to the real estate described in      9,015        

division (A) of this section.  The deed shall be executed by the                

Governor in the name of the state, countersigned by the Secretary  9,016        

of State, sealed with the Great Seal of the State, presented in    9,017        

the Office of the Auditor of State for recording, and delivered    9,019        

to the purchaser upon payment by the purchaser of the balance of   9,020        

the purchase price.  The purchaser shall present the deed for      9,022        

recording in the Office of the Lorain County Recorder.                          

      (F)  The net proceeds of the sale of the real estate under   9,024        

division (E) of this section shall be deposited in the State       9,026        

Treasury to the credit of the Ohio State Highway Patrol Operating  9,028        

Fund 036.                                                                       

      (G)  This section expires one year after its effective       9,030        

date.                                                                           

      Section 19.  During the period commencing on the effective   9,032        

date of this section and expiring January 1, 2000, the operation   9,033        

of sections 1548.01 and 1548.06 of the Revised Code, as amended    9,034        

by Am. Sub. S.B. 187 of the 122nd General Assembly, is suspended   9,036        

insofar as those sections subject watercraft less than fourteen    9,037        

feet in length to Chapter 1548. of the Revised Code, the                        

Watercraft Certificates of Title Law.  Upon the expiration of      9,038        

that period of suspension, sections 1548.01 and 1548.06 of the     9,039        

Revised Code, in either the present form of those sections or as   9,041        

they are amended or reenacted after the effective date of this     9,042        

section, again become fully operational.                                        

      This section is not subject to the referendum.  Therefore,   9,044        

under Ohio Constitution, Article II, Section 1d and section 1.471  9,045        

                                                          209    


                                                                 
of the Revised Code, this section goes into immediate effect when  9,047        

this act becomes law.                                                           

      Section 20.  Sections 319.54, 4505.06, 5739.02, and 5741.02  9,049        

of the Revised Code, as amended by Section 1 of this act, are not  9,050        

subject to the referendum.  Therefore, under Ohio Constitution,    9,051        

Article II, Section 1d and section 1.471 of the Revised Code, the  9,052        

sections as amended by Section 1 of this act are entitled to go    9,053        

into immediate effect when this act becomes law.  However,         9,054        

sections 319.54, 4505.06, 5739.02, and 5741.02 of the Revised      9,055        

Code, as amended by Section 1 of this act, take effect on March    9,056        

30, 1999, or the day this act becomes law, whichever is later.     9,057        

      Section 21.  That section 4505.06 of the Revised Code, as    9,059        

amended by Am. Sub. H.B. 611 of the 122nd General Assembly, be     9,061        

amended to read as follows:                                                     

      Sec. 4505.06.  (A)  Application for a certificate of title   9,070        

shall be made in a form prescribed by the registrar of motor       9,071        

vehicles, and shall be sworn to before a notary public or other    9,072        

officer empowered to administer oaths.  The application shall be   9,073        

filed with the clerk of the court of common pleas of the county    9,074        

in which the applicant resides if the applicant is a resident of   9,075        

this state or, if not a resident, in the county in which the       9,076        

transaction is consummated.  An application for a certificate of   9,078        

title may be filed electronically by electronic image              9,079        

transmission in any county in which the clerk of the court of      9,080        

common pleas permits an application to be filed electronically.    9,081        

The signature of an officer empowered to administer oaths that     9,082        

appears on an application for a certificate of title, or on any    9,083        

other document required to be filed by this chapter that has been  9,084        

filed electronically, is not a facsimile signature as defined in   9,085        

section 9.10 of the Revised Code.  Any payments required by this   9,087        

chapter shall be considered as accompanying any electronically     9,088        

transmitted application when payment actually is received by the   9,089        

clerk.  Payment of any fee or taxes may be made by electronic      9,090        

transfer of funds.                                                              

                                                          210    


                                                                 
      The application for a certificate of title shall be          9,092        

accompanied by the fee prescribed in section 4505.09 of the        9,093        

Revised Code; and if a certificate of title previously has been    9,094        

issued for the motor vehicle in this state, it shall be            9,095        

accompanied by that certificate of title duly assigned, unless     9,096        

otherwise provided in this chapter.  If a certificate of title     9,097        

previously has not been issued for the motor vehicle in this       9,098        

state, the application, unless otherwise provided in this          9,099        

chapter, shall be accompanied by a manufacturer's or importer's    9,100        

certificate or by a certificate of title of another state from     9,102        

which the motor vehicle was brought into this state.  If the                    

application refers to a motor vehicle last previously registered   9,103        

in another state, the application also shall be accompanied by     9,104        

the physical inspection certificate required by section 4505.061   9,105        

of the Revised Code.  If the application is made by two persons    9,106        

regarding a motor vehicle in which they wish to establish joint    9,107        

ownership with right of survivorship they may do so as provided    9,108        

in section 2106.17 of the Revised Code.  The clerk shall retain    9,109        

the evidence of title presented by the applicant and on which the  9,110        

certificate of title is issued.  The clerk shall use reasonable    9,111        

diligence in ascertaining whether or not the facts in the          9,112        

application are true by checking the application and documents     9,113        

accompanying it with the records of motor vehicles in the clerk's  9,114        

office; if satisfied that the applicant is the owner of the motor  9,115        

vehicle and that the application is in the proper form, the        9,116        

clerk, within five business days after the application is filed,   9,117        

shall issue a certificate of title over the clerk's signature and  9,118        

sealed with the clerk's seal.  For purposes of the transfer of a   9,119        

certificate of title, if the clerk is satisfied that the secured   9,120        

party has duly discharged a lien notation, but has not canceled    9,121        

the lien notation with the clerk of the county of origin, the      9,122        

clerk may cancel the lien notation on the automated title          9,123        

processing system and notify the clerk of the county of origin.    9,124        

      In the case of the sale of a motor vehicle to a general      9,126        

                                                          211    


                                                                 
buyer or user by a dealer, by a motor vehicle leasing dealer       9,127        

selling the motor vehicle to the lessee or, in a case in which     9,128        

the leasing dealer subleased the motor vehicle, the sublessee, at  9,129        

the end of the lease agreement or sublease agreement, or by a      9,130        

manufactured home broker, the certificate of title shall be        9,131        

obtained in the name of the buyer by the dealer, leasing dealer,   9,133        

or the manufactured home broker, as the case may be, upon          9,134        

application signed by the buyer.  The certificate of title shall   9,135        

be issued within five business days after the application for      9,136        

title is filed with the clerk.  If the buyer of the motor vehicle  9,137        

previously leased the motor vehicle and is buying the motor        9,139        

vehicle at the end of the lease pursuant to that lease, the        9,140        

certificate of title shall be obtained in the name of the buyer                 

by the motor vehicle leasing dealer who previously leased the      9,141        

motor vehicle to the buyer or by the motor vehicle leasing dealer  9,142        

who subleased the motor vehicle to the buyer under a sublease      9,143        

agreement.                                                                      

      In all other cases, except as provided in division (D)(2)    9,145        

of section 4505.11 of the Revised Code, such certificates shall    9,146        

be obtained by the buyer.  In all cases of transfer of a motor     9,148        

vehicle, the application for certificate of title shall be filed   9,149        

within thirty days after the assignment or delivery of the motor   9,150        

vehicle.  If an application for a certificate of title is not      9,151        

filed within that period, the clerk shall collect a fee of five    9,152        

dollars for the issuance of the certificate, except that no such   9,153        

fee shall be required from a motor vehicle salvage dealer, as      9,154        

defined in division (A) of section 4738.01 of the Revised Code,    9,155        

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      9,156        

established by this chapter, and shall be retained by the clerk.   9,157        

The registrar shall provide, on the certificate of title form      9,158        

prescribed by section 4505.07 of the Revised Code, language        9,159        

necessary to give evidence of the date on which the assignment or  9,160        

delivery of the motor vehicle was made.                            9,161        

                                                          212    


                                                                 
      As used in this division, "lease agreement," "lessee," and   9,163        

"sublease agreement" have the same meanings as in section 4505.04  9,164        

of the Revised Code.                                                            

      (B)  The clerk, except as provided in this section, shall    9,166        

refuse to accept for filing any application for a certificate of   9,167        

title and shall refuse to issue a certificate of title unless the  9,168        

dealer or manufactured home broker or the applicant, in cases in   9,169        

which the certificate shall be obtained by the buyer, submits      9,170        

with the application payment of the tax levied by or pursuant to   9,171        

Chapters 5739. and 5741. of the Revised Code.  Upon payment of     9,172        

the tax in accordance with division (E) of this section, the       9,173        

clerk shall issue a receipt prescribed by the registrar and        9,174        

agreed upon by the tax commissioner showing payment of the tax or  9,175        

a receipt issued by the commissioner showing the payment of the    9,176        

tax.  When submitting payment of the tax to the clerk, a dealer    9,177        

shall retain any discount to which the dealer is entitled under    9,178        

section 5739.12 of the Revised Code.                                            

      For receiving and disbursing such taxes paid to the clerk,   9,180        

the clerk may retain a poundage fee of one and one one-hundredth   9,181        

per cent, which shall be paid into the certificate of title        9,182        

administration fund created by section 325.33 of the Revised       9,184        

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    9,186        

in section 4517.01 of the Revised Code, the price for the purpose  9,188        

of determining the tax shall be the purchase price on the          9,189        

assigned certificate of title executed by the seller and filed     9,190        

with the clerk by the buyer on a form to be prescribed by the      9,191        

registrar, which shall be prima-facie evidence of the amount for   9,192        

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    9,194        

title that the odometer reflects mileage in excess of the          9,195        

designed mechanical limit of the odometer, the clerk shall enter   9,196        

the phrase "exceeds mechanical limits" following the mileage       9,197        

designation.  If the transferor indicates on the certificate of    9,198        

                                                          213    


                                                                 
title that the odometer reading is not the actual mileage, the     9,199        

clerk shall enter the phrase "nonactual: warning - odometer        9,201        

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    9,203        

the transferor, but is not liable for any errors or omissions of   9,204        

the clerk or those of the clerk's deputies in the performance of   9,205        

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      9,207        

transferor shall swear to the true selling price and, except as    9,208        

provided in this division, the true odometer reading of the motor  9,209        

vehicle.  The registrar may prescribe an affidavit in which the    9,210        

seller and buyer provide information pertaining to the odometer    9,211        

reading of the motor vehicle in addition to that required by this  9,212        

section, as such information may be required by the United States  9,213        

secretary of transportation by rule prescribed under authority of  9,214        

subchapter IV of the "Motor Vehicle Information and Cost Savings   9,215        

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         9,216        

      (2)  Division (C)(1) of this section does not require the    9,219        

giving of information concerning the odometer and odometer         9,220        

reading of a motor vehicle when ownership of a motor vehicle is    9,221        

being transferred as a result of a bequest, under the laws of      9,222        

intestate succession, to a surviving spouse pursuant to section    9,223        

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            9,224        

connection with the creation of a security interest.               9,225        

      (D)  When the transfer to the applicant was made in some     9,227        

other state or in interstate commerce, the clerk, except as        9,228        

provided in this section, shall refuse to issue any certificate    9,229        

of title unless the tax imposed by or pursuant to Chapter 5741.    9,231        

of the Revised Code has been paid as evidenced by a receipt        9,232        

issued by the tax commissioner, or unless the applicant submits    9,233        

with the application payment of the tax.  Upon payment of the tax  9,234        

in accordance with division (E) of this section, the clerk shall   9,235        

issue a receipt prescribed by the registrar and agreed upon by     9,237        

the tax commissioner, showing payment of the tax.  For receiving   9,238        

                                                          214    


                                                                 
and disbursing such taxes paid to the clerk, the clerk may retain  9,239        

a poundage fee of one per cent.  When the vendor is not regularly  9,240        

engaged in the business of selling motor vehicles, the vendor      9,242        

shall not be required to purchase a vendor's license or make       9,243        

reports concerning such sales.                                                  

      (E)  The clerk shall accept any payment of a tax in cash,    9,245        

or by certified check, draft, or money order payable to the clerk  9,246        

and submitted with an application for a certificate of title       9,248        

under division (B) or (D) of this section.  The clerk also may     9,249        

accept payment of the tax by corporate, business, or personal      9,250        

check, credit card, electronic transfer or wire transfer, debit    9,251        

card, or any other accepted form of payment made payable to the    9,252        

clerk.  The clerk may require bonds, guarantees, or letters of     9,253        

credit to ensure the collection of corporate, business, or         9,254        

personal checks.  Any service fee charged by a third party to a    9,255        

clerk for the use of any form of payment may be paid by the clerk  9,256        

from the certificate of title administration fund created in       9,257        

section 325.33 of the Revised Code, or may be assessed by the      9,258        

clerk upon the applicant as an additional fee.  Upon collection,   9,259        

the additional fees shall be paid by the clerk into that                        

certificate of title administration fund.                          9,260        

      The clerk shall make a good faith effort to collect any      9,262        

payment of taxes due but not made because the payment was          9,263        

returned or dishonored, but the clerk is not personally liable     9,264        

for the payment of uncollected taxes or uncollected fees.  The     9,265        

clerk shall notify the tax commissioner of any such payment of     9,266        

taxes that is due but not made and shall furnish such information  9,267        

to the commissioner as the commissioner requires.  The clerk       9,268        

shall deduct the amount of taxes due but not paid from the         9,269        

clerk's periodic remittance of tax payments, in accordance with                 

procedures agreed upon by the tax commissioner.  The commissioner  9,270        

may collect taxes due by assessment in the manner provided in      9,271        

section 5739.13 of the Revised Code.                                            

      Any person who presents payment that is returned or          9,273        

                                                          215    


                                                                 
dishonored for any reason is liable to the clerk for payment of a  9,274        

penalty over and above the amount of the taxes due.  The clerk     9,275        

shall determine the amount of the penalty, which shall be no       9,276        

greater than that amount necessary to compensate the clerk for     9,277        

banking charges, legal fees, or other expenses incurred by the                  

clerk in collecting the returned or dishonored payment.  The       9,278        

remedies and procedures provided in this section are in addition   9,279        

to any other available civil or criminal remedies.  Subsequently   9,280        

collected penalties, poundage, and title fees, less any title fee  9,282        

due the state, from returned or dishonored payments collected by                

the clerk shall be paid into the certificate of title              9,283        

administration fund.  Subsequently collected taxes, less           9,284        

poundage, shall be sent by the clerk to the treasurer of state at  9,285        

the next scheduled periodic remittance of tax payments, with such  9,286        

information as the commissioner may require.  The clerk may abate               

all or any part of any penalty assessed under this division.       9,287        

      (F)  In the following cases, the clerk shall accept for      9,289        

filing such application and shall issue a certificate of title     9,290        

without requiring payment or evidence of payment of the tax:       9,291        

      (1)  When the purchaser is this state or any of its          9,293        

political subdivisions, a church, or an organization whose         9,294        

purchases are exempted by section 5739.02 of the Revised Code;     9,295        

      (2)  When the transaction in this state is not a retail      9,297        

sale as defined by section 5739.01 of the Revised Code;            9,298        

      (3)  When the purchase is outside this state or in           9,300        

interstate commerce and the purpose of the purchaser is not to     9,301        

use, store, or consume within the meaning of section 5741.01 of    9,302        

the Revised Code;                                                  9,303        

      (4)  When the purchaser is the federal government;           9,305        

      (5)  When the motor vehicle was purchased outside this       9,307        

state for use outside this state;                                  9,308        

      (6)  When the motor vehicle is purchased by a nonresident    9,310        

of this state for immediate removal from this state, and will be   9,311        

permanently titled and registered in another state, as provided    9,312        

                                                          216    


                                                                 
by division (B)(23) of section 5739.02 of the Revised Code, and    9,313        

upon presentation of a copy of the affidavit provided by that      9,314        

section, and a copy of the exemption certificate provided by       9,315        

section 5739.03 of the Revised Code.                               9,316        

      The clerk shall forward all payments of taxes, less          9,318        

poundage fee, to the treasurer of state in a manner to be          9,319        

prescribed by the tax commissioner and shall furnish such          9,320        

information to the commissioner as the commissioner requires.      9,321        

      (G)  An application, as prescribed by the registrar and      9,324        

agreed to by the tax commissioner, shall be filled out and sworn                

to by the buyer of a motor vehicle in a casual sale.  The          9,325        

application shall contain the following notice in bold lettering:  9,326        

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     9,327        

are required by law to state the true selling price.  A false      9,328        

statement is in violation of section 2921.13 of the Revised Code   9,330        

and is punishable by six months' imprisonment or a fine of up to   9,331        

one thousand dollars, or both.  All transfers are audited by the   9,332        

department of taxation.  The seller and buyer must provide any     9,333        

information requested by the department of taxation.  The buyer                 

may be assessed any additional tax found to be due."               9,334        

      (H)  The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES     9,336        

OCCURRING ON OR AFTER JANUARY 1, 2000, THE clerk shall accept for  9,337        

filing, pursuant to Chapter 5739. of the Revised Code, an          9,339        

application for a certificate of title for a manufactured home or  9,340        

mobile home without requiring payment of any tax pursuant to       9,341        

section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised    9,343        

Code, or a receipt issued by the tax commissioner showing payment  9,344        

of the tax.  The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES   9,345        

OCCURRING ON OR AFTER JANUARY 1, 2000, THE applicant shall pay to  9,346        

the clerk a fee of five dollars for each certificate of title      9,348        

issued by the clerk for a manufactured or mobile home.  The clerk  9,349        

shall credit the fee to the county title administration fund, and  9,350        

the fee shall be used to pay the expenses of archiving such        9,351        

certificates pursuant to division (A) of section 4505.08 and       9,353        

                                                          217    


                                                                 
division (H)(3) of section 4505.11 of the Revised Code.  The tax   9,354        

commissioner shall administer any tax on a manufactured or mobile  9,355        

home pursuant to Chapters 5739. and 5741. of the Revised Code.     9,357        

      Section 22.  That all existing versions of section 4505.06   9,359        

of the Revised Code are hereby repealed.                           9,360        

      Section 23.  Sections 21 and 22 of this act shall take       9,362        

effect July 1, 1999.                                               9,363        

      Section 24.  Section 4505.06 of the Revised Code, as         9,365        

amended by Section 21 of this act, is not subject to the           9,366        

referendum.  Therefore, under Ohio Constitution, Article II,       9,367        

Section 1d and section 1.471 of the Revised Code, the section as   9,368        

amended by Section 21 of this act is entitled to go into           9,369        

immediate effect when this act becomes law.  However, section      9,370        

4505.06 of the Revised Code, as amended by Section 21 of this      9,371        

act, takes effect on July 1, 1999, or the day this act becomes     9,372        

law, whichever is later.                                           9,373        

      Section 25.  Except as otherwise specifically provided in    9,375        

this act, sections of the Revised Code contained within the        9,377        

purview of Sections 1 and 2 of this act, and the items of law of   9,378        

which the sections are composed, are subject to the referendum.    9,379        

Therefore, under Ohio Constitution, Article II, Section 1c and     9,380        

section 1.471 of the Revised Code, the sections of the Revised     9,381        

Code contained within the purview of Sections 1 and 2 of this      9,382        

act, and the items of law of which the sections are composed,      9,383        

take effect on the ninety-first day after this act is filed with   9,384        

the Secretary of State.  If, however, a referendum petition is     9,385        

filed against any section of the Revised Code contained within     9,386        

the purview of Sections 1 and 2 of this act, or against any item   9,387        

of law contained in any such section, the section or item, unless  9,388        

rejected at the referendum, takes effect at the earliest time      9,390        

permitted by law.                                                               

      Section 26.  The repeal of section 5502.61 of the Revised    9,392        

Code by Section 2 of this act is subject to the referendum.        9,394        

Therefore, under Ohio Constitution, Article II, Section 1c and     9,395        

                                                          218    


                                                                 
section 1.471 of the Revised Code, the repeal takes effect on the  9,396        

ninety-first day after this act is filed with the Secretary of     9,397        

State.  If, however, a referendum petition is filed against the    9,398        

repeal, the repeal, unless rejected at the referendum, takes       9,399        

effect at the earliest time permitted by law.                      9,400        

      Section 27.  The items in the uncodified sections of law     9,402        

contained in this act that appropriate money for the current       9,403        

expenses of state government, earmark this class of                9,404        

appropriations, or depend for their implementation upon an         9,405        

appropriation for the current expenses of state government are     9,406        

not subject to the referendum.  Therefore, under Ohio              9,407        

Constitution, Article II, Section 1d and section 1.471 of the      9,408        

Revised Code, these items go into immediate effect when this act   9,409        

becomes law.                                                       9,410        

      The items in the uncodified sections of law contained in     9,412        

this act that appropriate money other than for the current         9,413        

expenses of state government, earmark this class of                9,414        

appropriations, or do not depend for their implementation upon an  9,415        

appropriation for the current expenses of state government are     9,416        

subject to the referendum.  Therefore, under Ohio Constitution,    9,417        

Article II, Section 1c and section 1.471 of the Revised Code,      9,418        

these items take effect on the ninety-first day after this act is  9,419        

filed with the Secretary of State.  If, however, a referendum      9,420        

petition is filed against such an item, the item, unless rejected  9,421        

at the referendum, takes effect at the earliest time permitted by  9,422        

law.                                                                            

      This section is not subject to the referendum.  Therefore,   9,424        

under Ohio Constitution, Article II, Section 1d and section 1.471  9,425        

of the Revised Code, this section goes into immediate effect when  9,426        

this act becomes law.                                              9,427        

      Section 28.  Sections 13 and 13.01 of this act are subject   9,429        

to the referendum.  Therefore, under Ohio Constitution, Article    9,430        

II, Section 1c and section 1.471 of the Revised Code, the          9,431        

sections take effect on the ninety-first day after this act is     9,432        

                                                          219    


                                                                 
filed with the Secretary of State.  If, however, a referendum                   

petition is filed against either section, the section, unless      9,433        

rejected at the referendum, takes effect at the earliest time      9,434        

permitted by law.                                                               

      Section 29.  If any item of law that constitutes the whole   9,436        

or part of a codified or uncodified section of law contained in    9,437        

this act, or if any application of any item of law that            9,438        

constitutes the whole or part of a codified or uncodified section  9,439        

of law contained in this act, is held invalid, the invalidity      9,440        

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    9,441        

application.  To this end, the items of law of which the codified  9,442        

and uncodified sections contained in this act are composed, and    9,443        

their applications, are independent and severable.                 9,444        

      Section 30.  Section 4509.101 of the Revised Code is         9,446        

presented in this act as a composite of the section as amended by  9,447        

both Am. Sub. H.B. 215 and Am. Sub. H.B. 261 of the 122nd General  9,448        

Assembly, with the new language of neither of the acts shown in    9,450        

capital letters.  This is in recognition of the principle stated   9,451        

in division (B) of section 1.52 of the Revised Code that such      9,452        

amendments are to be harmonized where not substantively            9,453        

irreconcilable and constitutes a legislative finding that such is  9,454        

the resulting version in effect prior to the effective date of     9,455        

this act.                                                                       

      Section 31.  Section 4505.06 of the Revised Code is          9,457        

presented in Section 21 of this act as a composite of the section  9,459        

as amended by both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the  9,460        

122nd General Assembly, with the new language of neither of the    9,462        

acts shown in capital letters.  This is in recognition of the      9,463        

principle stated in division (B) of section 1.52 of the Revised    9,464        

Code that such amendments are to be harmonized where not           9,465        

substantively irreconcilable and constitutes a legislative         9,466        

finding that such is the resulting version in effect prior to      9,467        

July 1, 1999.