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
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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
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(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
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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
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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
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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
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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
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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
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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
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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.
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(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.
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(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
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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.