As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. 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-RAY-DRAKE-HOTTINGER-MUMPER-SPADA
_________________________________________________________________ 14
A B I L L
To amend sections 109.71, 109.77, 145.01, 145.33, 17
306.42, 306.52, 319.54, 742.63, 2925.44, 2933.43, 18
2935.01, 4301.021, 4301.10, 4301.21, 4301.31, 19
4301.53, 4301.66, 4501.03, 4501.10, 4501.27, 21
4503.102, 4503.19, 4505.06, 4507.011, 4507.02,
4509.101, 4561.021, 4561.20, 4561.341, 4563.01, 22
4906.10, 5501.03, 5501.04, 5501.07, 5502.01, 25
5502.13, 5502.14, 5502.16, 5502.17, 5502.18,
5502.62, 5517.011, 5735.051, 5739.02, and 26
5741.02; to amend, for the purpose of adopting a 27
new section number as indicated in parentheses, 28
section 5502.62 (5502.19); to enact sections
5301.234, 5512.10, and 5525.25; and to repeal 30
sections 4501.14 and 5502.61 of the Revised Code, 31
to amend Section 3 of Am. Sub. S.B. 20 of the
120th General Assembly, as subsequently amended, 32
and to suspend until January 1, 2000, the 35
operation of sections 1548.01 and 1548.06 of the
Revised Code, as amended by Am. Sub. S.B. 187 of 36
the 122nd General Assembly, insofar as those
sections subject watercraft less than fourteen 37
feet in length to Chapter 1548. of the Revised 39
Code, to make appropriations for programs related 41
to transportation and public safety for the 42
2
biennium beginning July 1, 1999, and ending June 43
30, 2001, and to provide authorization and
conditions for the operation of those programs; 44
and to maintain certain provisions of this act on 46
and after July 1, 1999, by amending the version 47
of section 4505.06 of the Revised Code that takes 48
effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 50
Section 1. That sections 109.71, 109.77, 145.01, 145.33, 52
306.42, 306.52, 319.54, 742.63, 2925.44, 2933.43, 2935.01, 55
4301.021, 4301.10, 4301.21, 4301.31, 4301.53, 4301.66, 4501.03,
4501.10, 4501.27, 4503.102, 4503.19, 4505.06, 4507.011, 4507.02, 57
4509.101, 4561.021, 4561.20, 4561.341, 4563.01, 4906.10, 5501.03, 60
5501.04, 5501.07, 5502.01, 5502.13, 5502.14, 5502.16, 5502.17, 61
5502.18, 5502.62, 5517.011, 5735.051, 5739.02, and 5741.02 be 62
amended, section 5502.62 (5502.19) be amended for the purpose of 63
adopting a new section number as indicated in parentheses, and 64
sections 5301.234, 5512.10, and 5525.25 of the Revised Code be 65
enacted to read as follows: 66
Sec. 109.71. There is hereby created in the office of the 75
attorney general the Ohio peace officer training commission. The 76
commission shall consist of nine members appointed by the 77
governor with the advice and consent of the senate and selected 78
as follows: one member representing the public; two members who 79
are incumbent sheriffs; two members who are incumbent chiefs of 80
police; one member from the bureau of criminal identification and 81
investigation; one member from the state highway patrol; one 82
member who is the special agent in charge of a field office of 83
the federal bureau of investigation in this state; and one member 84
from the department of education, trade and industrial education 86
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code: 88
3
(A) "Peace officer" means: 90
(1) A deputy sheriff, marshal, deputy marshal, member of 92
the organized police department of a township or municipal 93
corporation, member of a township police district or joint 94
township police district police force, member of a police force 95
employed by a metropolitan housing authority under division (D) 96
of section 3735.31 of the Revised Code, or township constable, 97
who is commissioned and employed as a peace officer by a 98
political subdivision of this state or by a metropolitan housing 99
authority, and whose primary duties are to preserve the peace, to 100
protect life and property, and to enforce the laws of this state, 101
ordinances of a municipal corporation, resolutions of a township, 102
or regulations of a board of county commissioners or board of 103
township trustees, or any such OF THOSE laws, ordinances, 104
resolutions, or regulations; 105
(2) A police officer who is employed by a railroad company 107
and appointed and commissioned by the governor pursuant to 108
sections 4973.17 to 4973.22 of the Revised Code; 109
(3) Employees of the department of taxation engaged in the 111
enforcement of Chapter 5743. of the Revised Code and designated 112
by the tax commissioner for peace officer training for purposes 113
of the delegation of investigation powers under section 5743.45 114
of the Revised Code; 115
(4) An undercover drug agent; 117
(5) Liquor control investigators ENFORCEMENT AGENTS of the 119
department of public safety engaged in the enforcement of 121
Chapters 4301. and 4303. WHOM THE DIRECTOR OF PUBLIC SAFETY 122
DESIGNATES UNDER SECTION 5502.14 of the Revised Code; 123
(6) An employee of the department of natural resources who 125
is a natural resources law enforcement staff officer designated 126
pursuant to section 1501.013, a park officer designated pursuant 127
to section 1541.10, a forest officer designated pursuant to 130
section 1503.29, a preserve officer designated pursuant to 131
section 1517.10, a wildlife officer designated pursuant to 132
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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
6
authority;
(b) A natural resources law enforcement staff officer, 229
park officer, forest officer, preserve officer, wildlife officer, 231
or state watercraft officer of the department of natural 232
resources;
(c) An employee of a park district under section 511.232 234
or 1545.13 of the Revised Code; 235
(d) An employee of a conservancy district who is 237
designated pursuant to section 6101.75 of the Revised Code; 238
(e) A state university law enforcement officer; 240
(f) A special police officer employed by the department of 242
mental health pursuant to section 5119.14 of the Revised Code or 243
the department of mental retardation and developmental 244
disabilities pursuant to section 5123.13 of the Revised Code; 245
(g) A food stamp trafficking AN ENFORCEMENT agent of the 247
department of public safety designated WHOM THE DIRECTOR OF 249
PUBLIC SAFETY DESIGNATES under section 5502.14 of the Revised 250
Code.
(2) Every person who is appointed on a temporary basis or 252
for a probationary term or on other than a permanent basis as any 253
of the following shall forfeit the appointed position unless the 255
person previously has completed satisfactorily or, within the 256
time prescribed by rules adopted by the attorney general pursuant 257
to section 109.74 of the Revised Code, satisfactorily completes a 258
state, county, municipal, or department of natural resources 259
peace officer basic training program for temporary or 260
probationary officers and is awarded a certificate by the 261
director attesting to the satisfactory completion of the program: 262
(a) A peace officer of any county, township, municipal 264
corporation, regional transit authority, or metropolitan housing 265
authority;
(b) A natural resources law enforcement staff officer, 267
park officer, forest officer, preserve officer, wildlife officer, 269
or state watercraft officer of the department of natural 270
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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
9
to the person's satisfactory completion of such an approved 345
program and if, on July 1, 1996, the person is performing peace 346
officer functions for a regional transit authority. 347
(C) No person, after September 20, 1984, shall receive an 349
original appointment on a permanent basis as a liquor control 350
investigator or food stamp trafficking agent of the department of 351
public safety, engaged in the enforcement of Chapters 4301. and 352
4303. of the Revised Code, or as an Ohio veterans' home police 353
officer designated under section 5907.02 of the Revised Code 356
unless the person previously has been awarded a certificate by 357
the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of 358
an approved police officer basic training program. Every person 359
who is appointed on a temporary basis or for a probationary term 361
or on other than a permanent basis as a liquor control 362
investigator of the department of public safety, engaged in the 363
enforcement of Chapters 4301. and 4303. of the Revised Code, or 364
as an Ohio veterans' home police officer designated under section 365
5907.02 of the Revised Code shall forfeit that position unless 366
the person previously has completed satisfactorily or, within one 367
year from the time of appointment, satisfactorily completes an 369
approved police officer basic training program. 370
No person, beginning on October 29, 1995, shall receive an 373
original appointment on a permanent basis as a food stamp 374
trafficking agent of the department of public safety authorized 375
to enforce Chapter 5502. and sections 2913.46 and 5101.54 of the 377
Revised Code and engaged in the enforcement of laws and rules
described in section 5502.14 of the Revised Code unless the 378
person previously has been awarded a certificate by the executive 380
director of the Ohio peace officer training commission attesting 381
to the person's satisfactory completion of an approved police
officer basic training program. Every person who is appointed on 383
a temporary or for a probationary term or on other than a 384
permanent basis as a food stamp trafficking agent shall forfeit 385
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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.
11
(2) Prior to the award by the executive director of the 429
commission of any certificate prescribed in this section, the 430
prospective employer of the person to whom the certificate is to 431
be awarded or the commander of the peace officer training school 432
attended by that person shall request the bureau of criminal
identification and investigation to conduct a criminal history 434
records check on the person. Upon receipt of the request, the 435
bureau promptly shall conduct a criminal history records check on 436
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the 437
prospective employer or peace officer training school commander 438
that made the request. Upon receipt of the copy of the criminal 440
history records check from the bureau, the prospective employer
or peace officer training school commander that made the request 441
shall submit the copy to the executive director of the Ohio peace 443
officer training commission. The executive director shall not 444
award any certificate prescribed in this section unless the 445
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be 446
awarded.
(3) The executive director of the commission shall not 448
award a certificate prescribed in this section to a person who 449
has been convicted of or has pleaded guilty to a felony or who 450
fails to disclose any previous criminal conviction of or plea of 451
guilty to a felony as required under division (E)(1) of this 452
section.
(4) The executive director of the commission shall revoke 454
the certificate awarded to a person as prescribed in this 455
section, and that person shall forfeit all of the benefits 456
derived from being certified as a peace officer under this 457
section, if the person, prior to the award of the certificate, 458
failed to disclose any previous criminal conviction of or plea of 459
guilty to a felony as required under division (E)(1) of this 461
section.
12
(F)(1) Regardless of whether the person has been awarded 463
the certificate or has been classified as a peace officer prior 464
to, on, or after the effective date of this amendment OCTOBER 16, 465
1996, the executive director of the Ohio peace officer training 469
commission shall revoke any certificate that has been awarded to 470
a person as prescribed in this section if the person does either 471
of the following:
(a) Pleads guilty to a felony committed on or after 473
January 1, 1997. 474
(b) Pleads guilty to a misdemeanor committed on or after 477
January 1, 1997, pursuant to a negotiated plea agreement as 478
provided in division (D) of section 2929.29 of the Revised Code 479
in which the person agrees to surrender the certificate awarded 481
to the person under this section. 482
(2) The executive director of the commission shall suspend 484
any certificate that has been awarded to a person as prescribed 485
in this section if the person is convicted, after trial, of a 486
felony committed on or after January 1, 1997. The executive 488
director shall suspend the certificate pursuant to division 489
(F)(2) of this section pending the outcome of an appeal by the 490
person from that conviction to the highest court to which the 492
appeal is taken or until the expiration of the period in which an 493
appeal is required to be filed. If the person files an appeal 494
that results in that person's acquittal of the felony or 495
conviction of a misdemeanor, or in the dismissal of the felony 496
charge against that person, the executive director shall 497
reinstate the certificate awarded to the person under this 498
section. If the person files an appeal from that person's
conviction of the felony and the conviction is upheld by the 500
highest court to which the appeal is taken or if the person does 501
not file a timely appeal, the executive director shall revoke the 502
certificate awarded to the person under this section. 503
(G)(1) If a person is awarded a certificate under this 506
section and the certificate is revoked pursuant to division
13
(E)(4) or (F) of this section, the person shall not be eligible 508
to receive, at any time, a certificate attesting to the person's 509
satisfactory completion of a peace officer basic training 510
program.
(2) The revocation or suspension of a certificate under 512
division (E)(4) or (F) of this section shall be in accordance 513
with Chapter 119. of the Revised Code. 514
(H)(1) A person who was employed as a peace officer of a 516
county, township, or municipal corporation of the state on 517
January 1, 1966, and who has completed at least sixteen years of 518
full-time active service as such a peace officer may receive an 519
original appointment on a permanent basis and serve as a peace 520
officer of a county, township, or municipal corporation, or as a 521
state university law enforcement officer, without complying with 522
the requirements of division (B) of this section. 523
(2) Any person who held an appointment as a state highway 525
trooper on January 1, 1966, may receive an original appointment 526
on a permanent basis and serve as a peace officer of a county, 527
township, or municipal corporation, or as a state university law 528
enforcement officer, without complying with the requirements of 529
division (B) of this section. 530
(I) No person who is appointed as a peace officer of a 532
county, township, or municipal corporation on or after April 9, 533
1985, shall serve as a peace officer of that county, township, or 534
municipal corporation unless the person has received training in 535
the handling of missing children and child abuse and neglect 536
cases from an approved state, county, township, or municipal 537
police officer basic training program or receives the training 538
within the time prescribed by rules adopted by the attorney 539
general pursuant to section 109.741 of the Revised Code. 540
(J) No part of any approved state, county, or municipal 542
basic training program for bailiffs and deputy bailiffs of courts 543
of record and no part of any approved state, county, or municipal 544
basic training program for criminal investigators employed by the 545
14
state public defender shall be used as credit toward the 546
completion by a peace officer of any part of the approved state, 547
county, or municipal peace officer basic training program that 548
the peace officer is required by this section to complete 549
satisfactorily. 550
(K) This section does not apply to any member of the 552
police department of a municipal corporation in an adjoining 553
state serving in this state under a contract pursuant to section 554
737.04 of the Revised Code. 555
Sec. 145.01. As used in this chapter: 564
(A) "Public employee" means: 566
(1) Any person holding an office, not elective, under the 568
state or any county, township, municipal corporation, park 569
district, conservancy district, sanitary district, health 570
district, metropolitan housing authority, state retirement board, 571
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 572
university, or board, bureau, commission, council, committee, 573
authority, or administrative body as the same are, or have been, 574
created by action of the general assembly or by the legislative 575
authority of any of the units of local government named in 576
division (A)(1) of this section, or employed and paid in whole or 577
in part by the state or any of the authorities named in division 578
(A)(1) of this section in any capacity not covered by section 580
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 582
retirement system and who continues to perform the same or 584
similar duties under the direction of a contractor who has 585
contracted to take over what before the date of the contract was 586
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 587
purposes of administering this chapter. 588
(3) Any person who is an employee of a public employer, 590
notwithstanding that the person's compensation for that 591
15
employment is derived from funds of a person or entity other than 592
the employer. Credit for such service shall be included as total 593
service credit, provided that the employee makes the payments 594
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 595
In all cases of doubt, the public employees retirement 597
board shall determine whether any person is a public employee, 598
and its decision is final.
(B) "Member" means any public employee, other than a 600
public employee excluded or exempted from membership in the 601
retirement system by section 145.03, 145.031, 145.032, 145.033, 602
145.034, 145.035, or 145.38 of the Revised Code. "Member" 603
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 604
includes a disability benefit recipient. 605
(C) "Head of the department" means the elective or 607
appointive head of the several executive, judicial, and 608
administrative departments, institutions, boards, and commissions 609
of the state and local government as the same are created and 610
defined by the laws of this state or, in case of a charter
government, by that charter. 611
(D) "Employer" or "public employer" means the state or any 613
county, township, municipal corporation, park district, 614
conservancy district, sanitary district, health district, 615
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 616
cemetery, joint hospital, institutional commissary, state medical 617
college, state university, or board, bureau, commission, council, 618
committee, authority, or administrative body as the same are, or 619
have been, created by action of the general assembly or by the 620
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 621
of the Revised Code. In addition, "employer" means the employer 622
of any public employee.
16
(E) "Prior service" means all service as a public employee 624
rendered before January 1, 1935, and all service as an employee 625
of any employer who comes within the state teachers retirement 626
system or of the school employees retirement system or of any 627
other retirement system established under the laws of this state 628
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 629
other system after that other system was established, credit for 630
the service may be allowed by the public employees retirement 631
system only when the employee has made payment, to be computed on 632
the salary earned from the date of appointment to the date 633
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 634
employer has made payment of the corresponding full liability as 635
provided by section 145.44 of the Revised Code. "Prior service" 636
also means all service credited for active duty with the armed 637
forces of the United States as provided in section 145.30 of the 638
Revised Code.
If an employee who has been granted prior service credit by 640
the public employees retirement system for service rendered prior 641
to January 1, 1935, as an employee of a board of education 642
establishes, before retirement, one year or more of contributing 643
service in the state teachers retirement system or school 644
employees retirement system, then the prior service ceases to be
the liability of this system. 645
If the board determines that a position of any member in 647
any calendar year prior to January 1, 1935, was a part-time 648
position, the board shall determine what fractional part of a 649
year's credit shall be allowed by the following formula: 650
(1) When the member has been either elected or appointed 652
to an office the term of which was two or more years and for 653
which an annual salary is established, the fractional part of the 654
year's credit shall be computed as follows: 655
First, when the member's annual salary is one thousand 657
17
dollars or less, the service credit for each such calendar year 658
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 660
above one thousand dollars, the member's service credit for each 661
such calendar year shall be increased by two and one-half per 662
cent.
(2) When the member is paid on a per diem basis, the 664
service credit for any single year of the service shall be 665
determined by using the number of days of service for which the 666
compensation was received in any such year as a numerator and 667
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 669
service credit for any single year of the service shall be 670
determined by using the number of hours of service for which the 671
compensation was received in any such year as a numerator and 672
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 674
the employees' savings fund created by section 145.23 of the 675
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 677
person or persons who, as the result of the death of a member, 678
contributor, or retirant, qualify for or are receiving some right 679
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 681
section 145.37 of the Revised Code, means all service credited to 682
a member of the retirement system since last becoming a member, 683
including restored service credit as provided by section 145.31 684
of the Revised Code; credit purchased under sections 145.293 and 685
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 686
provided in this chapter; all service credit established pursuant 687
to section 145.297 of the Revised Code; and any other service 688
credited under this chapter. In addition, "total service credit" 689
includes any period, not in excess of three years, during which a 690
18
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 691
of satisfying the service credit requirement and of determining 692
eligibility for benefits under sections 145.32, 145.33, 145.331, 693
145.35, 145.36, and 145.361 of the Revised Code, "five or more 694
years of total service credit" means sixty or more calendar 695
months of contributing service in this system.
(2) "One and one-half years of contributing service 697
credit," as used in division (B) of section 145.45 of the Revised 698
Code, also means eighteen or more calendar months of employment 699
by a municipal corporation that formerly operated its own 700
retirement plan for its employees or a part of its employees, 701
provided that all employees of that municipal retirement plan who 702
have eighteen or more months of such employment, upon 703
establishing membership in the public employees retirement 704
system, shall make a payment of the contributions they would have 705
paid had they been members of this system for the eighteen months 706
of employment preceding the date membership was established. 707
When that payment has been made by all such employee members, a 709
corresponding payment shall be paid into the employers' 710
accumulation fund by that municipal corporation as the employer 711
of the employees. 712
(3) Where a member also is a member of the state teachers 714
retirement system or the school employees retirement system, or 715
both, except in cases of retirement on a combined basis pursuant 716
to section 145.37 of the Revised Code, service credit for any 717
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 719
total contributions in all state retirement systems. 720
(4) Not more than one year of credit may be given for any 722
period of twelve months. 723
(5) "Ohio service credit" means credit for service that 725
was rendered to the state or any of its political subdivisions or 726
any employer.
19
(I) "Regular or current interest" means interest at any 728
rates for the respective funds and accounts as the public 729
employees retirement board may determine from time to time, 730
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 732
shall discontinue the annual crediting of current interest to the 733
individual accounts of contributors. The noncrediting of current 734
interest shall not affect the rate of interest at retirement 735
guaranteed under division (I) of this section. 736
(2) The rate of interest credited on a contributor's 738
contributions at retirement shall be four per cent per annum, 739
compounded annually, to and including December 31, 1955; three 740
per cent per annum, compounded annually, from January 1, 1956, to 741
and including December 31, 1963; three and one-quarter per cent 742
per annum, compounded annually, from January 1, 1964, to and 743
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 744
In determining the reserve value for the purpose of 746
computing the amount of the contributor's annuity, the rate of 747
interest used in the annuity values shall be four per cent per 748
annum, compounded annually, for contributors retiring before 749
October 1, 1956, and after December 31, 1969; three per cent per 750
annum, compounded annually, for contributors retiring between 752
October 1, 1956, and December 31, 1963; and three and one-quarter 753
per cent per annum, compounded annually, for contributors 754
retiring from January 1, 1964, to December 31, 1969. Interest on 755
contributions from contributors within any one calendar year 756
shall begin on the first day of the calendar year next following 757
and shall be computed at the end of each calendar year, except in 758
the case of a contributor who retires before the end of the year. 759
(J) "Accumulated contributions" means the sum of all 761
amounts credited to a contributor's individual account in the 762
employees' savings fund together with any current interest 763
thereon, but does not include the interest adjustment at 764
20
retirement. 765
(K)(1) "Final average salary" means the quotient obtained 767
by dividing by three the sum of the three full calendar years of 768
contributing service in which the member's earnable salary was 769
highest, except that if the member has a partial year of 770
contributing service in the year the member's employment 771
terminates and the member's earnable salary for the partial year 772
is higher than for any comparable period in the three years, the 773
member's earnable salary for the partial year shall be 774
substituted for the member's earnable salary for the comparable 775
period during the three years in which the member's earnable 776
salary was lowest.
(2) If a member has less than three years of contributing 778
service, the member's final average salary shall be the member's 779
total earnable salary divided by the total number of years, 780
including any fraction of a year, of the member's contributing 781
service.
(3) For the purpose of calculating benefits payable to a 783
member qualifying for service credit under division (Z) of this 784
section, "final average salary" means the total earnable salary 785
on which contributions were made divided by the total number of 786
years during which contributions were made, including any 787
fraction of a year. If contributions were made for less than 788
twelve months, "final average salary" means the member's total 789
earnable salary. 790
(L) "Annuity" means payments for life derived from 792
contributions made by a contributor and paid from the annuity and 793
pension reserve fund as provided in this chapter. All annuities 794
shall be paid in twelve equal monthly installments. 795
(M) "Annuity reserve" means the present value, computed 797
upon the basis of the mortality and other tables adopted by the 798
board, of all payments to be made on account of any annuity, or 799
benefit in lieu of any annuity, granted to a retirant as provided 800
in this chapter.
21
(N)(1) "Disability retirement" means retirement as 802
provided in section 145.36 of the Revised Code. 803
(2) "Disability allowance" means an allowance paid on 805
account of disability under section 145.361 of the Revised Code. 806
(3) "Disability benefit" means a benefit paid as 808
disability retirement under section 145.36 of the Revised Code, 809
as a disability allowance under section 145.361 of the Revised 810
Code, or as a disability benefit under section 145.37 of the 811
Revised Code.
(4) "Disability benefit recipient" means a member who is 813
receiving a disability benefit. 814
(O) "Age and service retirement" means retirement as 816
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 817
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 819
contributions made by the employer that at the time of retirement 820
are credited into the annuity and pension reserve fund from the 821
employers' accumulation fund and paid from the annuity and 822
pension reserve fund as provided in this chapter. All pensions 823
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 825
portion of the benefit derived from contributions made by the 826
member.
(R)(1) Except as otherwise provided in division (R) of 829
this section, "earnable salary" means all salary, wages, and 830
other earnings paid to a contributor by reason of employment in a 831
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 832
the amount required to be contributed to the employees' savings 833
fund under section 145.47 of the Revised Code and without regard 834
to whether any of the salary, wages, or other earnings are 835
treated as deferred income for federal income tax purposes. 836
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 838
22
wages, or other earnings for sick leave, personal leave, or 839
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 841
sick leave, personal leave, and vacation leave accrued, but not 842
used if the payment is made during the year in which the leave is 844
accrued, except that payments made pursuant to section 124.383 or 845
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 847
consisting of housing, laundry, and meals, as certified to the 848
retirement board by the employer or the head of the department 849
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 851
Revised Code;
(e) Payments that are made under a disability leave 853
program sponsored by the employer and for which the employer is 854
required by section 145.296 of the Revised Code to make periodic 855
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 857
of this section.
(2) "Earnable salary" does not include any of the 859
following:
(a) Fees and commissions, other than those paid under 861
section 507.09 of the Revised Code, paid as sole compensation for 862
personal services and fees and commissions for special services 863
over and above services for which the contributor receives a 864
salary;
(b) Amounts paid by the employer to provide life 866
insurance, sickness, accident, endowment, health, medical, 867
hospital, dental, or surgical coverage, or other insurance for 868
the contributor or the contributor's family, or amounts paid by 869
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 871
parking, or services furnished by the employer, or use of the 872
23
employer's property or equipment, or amounts paid by the employer 873
to the contributor in lieu of providing the incidental benefits; 874
(d) Reimbursement for job-related expenses authorized by 876
the employer, including moving and travel expenses and expenses 877
related to professional development; 878
(e) Payments for accrued, but unused sick leave, personal 880
leave, or vacation that are made at any time other than in the 882
year in which the sick leave, personal leave, or vacation was 883
accrued;
(f) Payments made to or on behalf of a contributor that 885
are in excess of the annual compensation that may be taken into 886
account by the retirement system under division (a)(17) of 887
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 888
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 890
5923.05 of the Revised Code or Section 4 of Substitute Senate 891
Bill No. 3 of the 119th general assembly; 892
(h) Anything of value received by the contributor that is 894
based on or attributable to retirement or an agreement to retire, 895
except that payments made on or before January 1, 1989, that are 896
based on or attributable to an agreement to retire shall be 897
included in earnable salary if both of the following apply: 898
(i) The payments are made in accordance with contract 900
provisions that were in effect prior to January 1, 1986; 901
(ii) The employer pays the retirement system an amount 903
specified by the retirement board equal to the additional 904
liability resulting from the payments. 905
(3) The retirement board shall determine by rule whether 907
any compensation not enumerated in division (R) of this section 908
is earnable salary, and its decision shall be final. 910
(S) "Pension reserve" means the present value, computed 912
upon the basis of the mortality and other tables adopted by the 913
board, of all payments to be made on account of any retirement 914
allowance or benefit in lieu of any retirement allowance, granted 915
24
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 917
to a member of the system since January 1, 1935, for which 918
contributions are made as required by sections 145.47, 145.48, 919
and 145.483 of the Revised Code. In any year subsequent to 1934, 920
credit for any service shall be allowed by the following formula: 921
(a) For each month for which the member's earnable salary 923
is two hundred fifty dollars or more, allow one month's credit. 924
(b) For each month for which the member's earnable salary 926
is less than two hundred fifty dollars, allow a fraction of a 927
month's credit. The numerator of this fraction shall be the 928
earnable salary during the month, and the denominator shall be 929
two hundred fifty dollars, except that if the member's annual 930
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 931
calendar year of employment during which the member worked each 932
month. Division (T)(1)(b) of this section shall not reduce any 934
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 936
elected official who prior to January 1, 1980, was granted a full 937
year of credit for each year of service as an elected official 938
shall be considered to have earned a full year of credit for each 939
year of service regardless of whether the service was full-time 940
or part-time. The public employees retirement board has no
authority to reduce the credit. 941
(U) "State retirement board" means the public employees 943
retirement board, the school employees retirement board, or the 944
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 946
receiving a monthly allowance as provided in sections 145.32, 947
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 948
(W) "Employer contribution" means the amount paid by an 950
employer as determined by the employer rate including the normal 951
and deficiency contribution rates. 952
25
(X) "Public service terminates" means the last day for 954
which a public employee is compensated for services performed for 955
an employer or the date of the employee's death, whichever occurs 956
first.
(Y) When a member has been elected or appointed to an 958
office, the term of which is two or more years, for which an 959
annual salary is established, and in the event that the salary of 960
the office is increased and the member is denied the additional 961
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 962
to have the amount of the member's contributions calculated upon 963
the basis of the increased salary for the office. At the 964
member's request, the board shall compute the total additional 965
amount the member would have contributed, or the amount by which 966
each of the member's contributions would have increased, had the 967
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 968
member's contribution would have increased withheld from the 969
member's salary, the member shall notify the employer, and the 970
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 971
amount withheld may elect at any time to make a payment to the 972
retirement system equal to the additional amount the member's 973
contribution would have increased, plus interest on that 974
contribution, compounded annually at a rate established by the 975
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 976
payment. A member may make a payment for part of the period for 977
which the increased contribution was not withheld, in which case 978
the interest shall be computed from the date the last 979
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 980
contributions as provided in this division, the increased annual 981
salary as provided by law for the office for the period for which 982
26
the member paid increased contributions thereon shall be used in 983
determining the member's earnable salary for the purpose of 984
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 986
purpose of satisfying the service credit requirements and of 987
determining eligibility for benefits under section 145.33 of the 988
Revised Code, means employment covered under this chapter or 989
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 990
combination of the coverage. 992
(AA) "Deputy sheriff" means any person who is commissioned 994
and employed as a full-time peace officer by the sheriff of any 995
county, and has been so employed since on or before December 31, 996
1965, and whose primary duties are to preserve the peace, to 997
protect life and property, and to enforce the laws of this state; 998
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 999
and who has received a certificate attesting to the person's 1,000
satisfactory completion of the peace officer training school as 1,001
required by section 109.77 of the Revised Code and whose primary 1,002
duties are to preserve the peace, protect life and property, and 1,003
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 1,004
the Revised Code as a criminal bailiff or court constable who has 1,005
received a certificate attesting to the person's satisfactory 1,006
completion of the peace officer training school as required by 1,007
section 109.77 of the Revised Code and whose primary duties are 1,008
to preserve the peace, protect life and property, and enforce the 1,009
laws of this state.
(BB) "Township constable or police officer in a township 1,011
police department or district" means any person who is 1,012
commissioned and employed as a full-time peace officer pursuant 1,013
to Chapter 505. or 509. of the Revised Code, who has received a 1,014
certificate attesting to the person's satisfactory completion of
27
the peace officer training school as required by section 109.77 1,015
of the Revised Code, and whose primary duties are to preserve the 1,016
peace, protect life and property, and enforce the laws of this 1,017
state.
(CC) "Drug agent" means any person who is either of the 1,019
following:
(1) Employed full-time as a narcotics agent by a county 1,021
narcotics agency created pursuant to section 307.15 of the 1,022
Revised Code and has received a certificate attesting to the 1,023
satisfactory completion of the peace officer training school as 1,024
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 1,026
defined in section 109.79 of the Revised Code and is in 1,027
compliance with section 109.77 of the Revised Code. 1,028
(DD) "Liquor control investigator DEPARTMENT OF PUBLIC 1,030
SAFETY ENFORCEMENT AGENT" means a full-time employee of the 1,031
department of public safety who is engaged in the enforcement of 1,032
Chapters 4301. and 4303. DESIGNATED UNDER SECTION 5502.14 of the 1,033
Revised Code AS AN ENFORCEMENT AGENT and WHO is in compliance 1,034
with section 109.77 of the Revised Code. 1,036
(EE) "Natural resources law enforcement staff officer" 1,038
means a full-time employee of the department of natural resources 1,039
who is designated a natural resources law enforcement staff 1,040
officer under section 1501.013 of the Revised Code and is in 1,043
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 1,045
department of natural resources who is designated a park officer 1,047
under section 1541.10 of the Revised Code and is in compliance 1,048
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 1,050
department of natural resources who is designated a forest 1,052
officer under section 1503.29 of the Revised Code and is in 1,053
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 1,056
28
department of natural resources who is designated a preserve 1,057
officer under section 1517.10 of the Revised Code and is in 1,059
compliance with section 109.77 of the Revised Code. 1,061
(II) "Wildlife officer" means a full-time employee of the 1,063
department of natural resources who is designated a wildlife 1,065
officer under section 1531.13 of the Revised Code and is in 1,066
compliance with section 109.77 of the Revised Code. 1,067
(JJ) "State watercraft officer" means a full-time employee 1,070
of the department of natural resources who is designated a state 1,071
watercraft officer under section 1547.521 of the Revised Code and 1,072
is in compliance with section 109.77 of the Revised Code. 1,073
(KK) "Park district police officer" means a full-time 1,075
employee of a park district who is designated pursuant to section 1,077
511.232 or 1545.13 of the Revised Code and is in compliance with 1,078
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 1,080
employee of a conservancy district who is designated pursuant to 1,082
section 6101.75 of the Revised Code and is in compliance with 1,083
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 1,085
organized police department of a municipal corporation who is 1,087
employed full-time, is in compliance with section 109.77 of the 1,088
Revised Code, and is not a member of the police and firemen's 1,089
disability and pension fund.
(NN) "Ohio veterans' home police officer" means any person 1,092
who is employed at the Ohio veterans' home as a police officer 1,093
pursuant to section 5907.02 of the Revised Code and is in 1,094
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 1,096
institution" means any person who is designated as such pursuant 1,098
to section 5119.14 of the Revised Code and is in compliance with 1,099
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 1,101
mentally retarded and developmentally disabled" means any person 1,103
29
who is designated as such pursuant to section 5123.13 of the 1,104
Revised Code and is in compliance with section 109.77 of the 1,105
Revised Code.
(QQ) "State university law enforcement officer" means any 1,107
person who is employed full-time as a state university law 1,109
enforcement officer pursuant to section 3345.04 of the Revised 1,110
Code and who is in compliance with section 109.77 of the Revised 1,111
Code.
(RR) "Hamilton county municipal court bailiff" means a 1,113
person appointed by the clerk of courts of the Hamilton county 1,115
municipal court under division (A)(3) of section 1901.32 of the 1,116
Revised Code who is employed full-time as a bailiff or deputy 1,117
bailiff, who has received a certificate attesting to the person's 1,118
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 1,119
and whose primary duties are to preserve the peace, to protect 1,120
life and property, and to enforce the laws of this state. 1,121
(SS) Notwithstanding section 2901.01 of the Revised Code, 1,123
"law enforcement officer" means a sheriff, deputy sheriff, 1,125
township constable or police officer in a township police 1,126
department or district, drug agent, liquor control investigator 1,127
DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT, natural resources 1,128
law enforcement staff officer, park officer, forest officer, 1,129
preserve officer, wildlife officer, state watercraft officer, 1,131
park district police officer, conservancy district officer, Ohio
veterans' home police officer, special police officer for a 1,132
mental health institution, special police officer for an 1,133
institution for the mentally retarded and developmentally 1,134
disabled, state university law enforcement officer, Hamilton 1,135
county municipal court bailiff, or municipal police officer.
(TT) "Fiduciary" means a person who does any of the 1,137
following: 1,138
(1) Exercises any discretionary authority or control with 1,140
respect to the management of the system or with respect to the 1,141
30
management or disposition of its assets; 1,142
(2) Renders investment advice for a fee, direct or 1,144
indirect, with respect to money or property of the system; 1,145
(3) Has any discretionary authority or responsibility in 1,147
the administration of the system. 1,148
(UU) "Actuary" means an individual who satisfies all of 1,150
the following requirements: 1,152
(1) Is a member of the American academy of actuaries; 1,154
(2) Is an associate or fellow of the society of actuaries; 1,156
(3) Has a minimum of five years' experience in providing 1,158
actuarial services to public retirement plans. 1,159
Sec. 145.33. (A) Except as provided in division (B) of 1,168
this section, a member with at least five years of total service 1,169
credit who has attained age sixty, or who has thirty years of 1,171
total Ohio service credit, may apply for age and service
retirement, which shall consist of: 1,172
(1) An annuity having a reserve equal to the amount of the 1,174
member's accumulated contributions at that time; 1,175
(2) A pension equal to the annuity provided by division 1,177
(A)(1) of this section; 1,178
(3) An additional pension, if the member can qualify for 1,180
prior service, equal to forty dollars multiplied by the number of 1,181
years, and fraction thereof, of such prior and military service 1,182
credit; 1,183
(4) A basic annual pension equal to one hundred eighty 1,185
dollars if the member has ten or more years of total service 1,186
credit as of October 1, 1956, except that the basic annual 1,187
pension shall not exceed the sum of the annual benefits provided 1,188
by divisions (A)(1), (2), and (3) of this section. The cost of 1,189
the basic annual pension shall be included in the deficiency 1,190
contribution provided by sections 145.48 and 145.50 of the 1,191
Revised Code. 1,192
(5) When a member retires on age and service retirement, 1,194
the member's total annual single lifetime allowance, including 1,196
31
the allowances provided in divisions (A)(1), (2), (3), and (4) of 1,197
this section, shall be not less than a base amount adjusted in 1,198
accordance with division (A)(5) of this section and determined by 1,200
multiplying the member's total service credit by the greater of 1,201
the following:
(a) Eighty-six dollars; 1,203
(b) Two and one-tenth per cent of the member's final 1,205
average salary for each of the first thirty years of service plus 1,207
two and one-half per cent of the member's final average salary 1,208
for each subsequent year of service. 1,209
The allowance shall be adjusted by the factors of attained 1,211
age or years of service to provide the greater amount as 1,212
determined by the following schedule: 1,213
Years of Percentage 1,215
Attained or Total Service of 1,216
Birthday Credit Base Amount 1,217
58 25 75 1,219
59 26 80 1,220
60 27 85 1,221
61 88 1,222
28 90 1,223
62 91 1,224
63 94 1,225
29 95 1,226
64 97 1,227
65 30 or more 100 1,228
Members shall vest the right to a benefit in accordance 1,231
with the following schedule, based on the member's attained age 1,232
by September 1, 1976: 1,233
Percentage 1,235
Attained of 1,236
Birthday Base Amount 1,237
66 102 1,238
67 104 1,239
32
68 106 1,240
69 108 1,241
70 or more 110 1,242
(6) The total annual single lifetime allowance that a 1,245
member shall receive under division (A)(5) of this section shall 1,246
not exceed the lesser of one hundred per cent of the member's 1,248
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. 1,249
415, as amended. 1,250
(B)(1) A member who has at least twenty-five years of 1,252
total service credit, including credit for military service under 1,253
division (C)(2) of this section, while serving as a law 1,255
enforcement officer and who has attained age fifty-two may apply 1,256
for an age and service retirement benefit, which shall consist of 1,258
an annual single lifetime allowance equal to the sum of two and 1,259
one-half per cent of the member's final average salary multiplied 1,260
by the first twenty years of the member's total service plus two 1,261
and one-tenth per cent of the member's final average salary 1,262
multiplied by the number of years of the member's total service 1,263
credit in excess of twenty years, except that no allowance shall 1,264
exceed the lesser of ninety per cent of the member's final 1,265
average salary or the limit established by section 415 of the 1,266
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 1,267
as amended.
(2) A member who has at least fifteen years of total 1,269
service credit, including credit for military service under 1,270
division (C)(2) of this section, while serving as a law 1,272
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 1,273
consist of an annual single lifetime allowance computed as 1,274
provided in division (B)(1) of this section. The benefit shall 1,275
not exceed the limit established by section 415 of the "Internal 1,276
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,277
amended. 1,278
33
(3) A member with at least fifteen years of total service 1,280
credit, including credit for military service under division 1,281
(C)(2) of this section, while serving as a law enforcement 1,282
officer who voluntarily resigns or is discharged for any reason 1,284
except death, dishonesty, cowardice, intemperate habits, or 1,285
conviction of a felony may apply for an age and service 1,286
retirement benefit, which shall consist of an annual single 1,287
lifetime allowance equal to one and one-half per cent of the 1,288
member's final average salary multiplied by the number of years 1,289
of the member's total service credit. The benefit shall not 1,290
exceed the limit established by section 415 of the "Internal 1,291
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,292
amended. The allowance shall commence on the first day of the 1,293
calendar month following the month in which the application is 1,294
filed with the public employees retirement board on or after the 1,295
attainment by the applicant of age fifty-two. 1,296
(4) A member who has at least twenty-five years of total 1,298
service credit, including credit for military service under 1,299
division (C)(2) of this section, while serving as a law 1,300
enforcement officer who voluntarily resigns or is discharged for 1,301
any reason except death, dishonesty, cowardice, intemperate 1,303
habits, or conviction of a felony, on or after the date of 1,304
attaining forty-eight years of age, but before the date of 1,305
attaining fifty-two years of age, may elect to receive a reduced 1,306
benefit as determined by the following schedule: 1,307
Attained Age Reduced Benefit 1,309
48 75% of the benefit payable under 1,311
division (B)(1) of this section 1,312
49 80% of the benefit payable under 1,313
division (B)(1) of this section 1,314
50 86% of the benefit payable under 1,315
division (B)(1) of this section 1,316
51 93% of the benefit payable under 1,317
division (B)(1) of this section 1,318
34
A member who has at least twenty-five years of law 1,321
enforcement service credit, upon attaining forty-eight, 1,322
forty-nine, fifty, or fifty-one years of age, may elect to retire 1,323
and receive a reduced benefit determined by the above schedule. 1,324
If a member elects to receive a reduced benefit on or after 1,326
the date of attaining forty-eight years of age, but before the 1,328
date of attaining forty-nine years of age, the reduced benefit is 1,329
payable from the date the member attained forty-eight years of 1,330
age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to 1,331
receive a reduced benefit on or after the date of attaining 1,332
forty-nine years of age, but before the date of attaining fifty 1,334
years of age, the reduced benefit is payable from the date the 1,335
member attained forty-nine years of age or from the date the 1,336
member becomes eligible to receive the reduced benefit, whichever 1,337
is later. If a member elects to receive a reduced benefit on or 1,338
after the date of attaining fifty years of age, but before the 1,339
date of attaining fifty-one years of age, the reduced benefit is 1,340
payable from the date the member attained fifty years of age or 1,341
from the date the member becomes eligible to receive the reduced 1,342
benefit, whichever is later. If a member elects to receive a 1,343
reduced benefit on or after the date of attaining fifty-one years 1,344
of age, but before the date of attaining fifty-two years of age, 1,346
the reduced benefit is payable from the date the member attained 1,347
fifty-one years of age or from the date the member becomes 1,348
eligible to receive the reduced benefit, whichever is later. 1,349
Once a member elects to receive a reduced benefit 1,351
determined by the above schedule and has received a payment, the 1,352
member may not reelect to change that election. 1,353
If a member who has resigned or been discharged has left on 1,355
deposit the member's accumulated contributions in the employees' 1,356
savings fund and has not elected to receive a reduced benefit 1,357
determined by the above schedule, upon attaining fifty-two years 1,359
of age, the member shall be entitled to receive a benefit 1,360
35
computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement 1,362
officer and other service credit under this chapter may elect one 1,364
of the following: 1,365
(a) To have all the member's service credit under this 1,367
chapter, including credit for service as a law enforcement 1,369
officer, used in calculating a retirement allowance under 1,370
division (A) of this section if the member qualifies for an 1,371
allowance under that division; 1,372
(b) If the member qualifies for an allowance under 1,374
division (B) of this section, to have the member's service credit 1,375
as a law enforcement officer used in calculating a benefit under 1,376
that division and the member's credit for all service other than 1,377
law enforcement service under this chapter used in calculating a 1,378
benefit consisting of a single life annuity having a reserve 1,379
equal to the amount of the member's accumulated contributions and 1,380
an equal amount of the employer's contributions. 1,381
(2) Notwithstanding sections 145.01 and 145.30 of the 1,383
Revised Code, no more than four years of military service credit 1,384
granted under section 145.30 of the Revised Code and five years 1,385
of military service credit purchased under section 145.301 or 1,386
145.302 of the Revised Code shall be used in calculating service 1,387
as a law enforcement officer or the total service credit of that 1,388
person.
(3) Only credit for the member's service as a law 1,390
enforcement officer or service credit obtained as a police 1,391
officer or state highway patrol trooper shall be used in 1,392
computing the benefits under division (B) of this section for the 1,393
following:
(a) Any person who originally is commissioned and employed 1,395
as a deputy sheriff by the sheriff of any county, or who 1,396
originally is elected sheriff, on or after January 1, 1975; 1,397
(b) Any deputy sheriff who originally is employed as a 1,399
criminal bailiff or court constable on or after April 16, 1993; 1,400
36
(c) Any person who originally is appointed as a township 1,402
constable or police officer in a township police department or 1,403
district on or after January 1, 1981; 1,404
(d) Any person who originally is employed as a county 1,406
narcotics agent on or after September 26, 1984; 1,407
(e) Any person who originally is employed as an undercover 1,409
drug agent as defined in section 109.79 of the Revised Code, 1,410
DEPARTMENT OF PUBLIC SAFETY ENFORCEMENT AGENT WHO PRIOR TO THE 1,411
EFFECTIVE DATE OF THIS AMENDMENT WAS A liquor control 1,412
investigator, park officer, forest officer, wildlife officer, 1,413
state watercraft officer, park district police officer, 1,415
conservancy district officer, Ohio veterans' home police officer, 1,416
special police officer for a mental health institution, special 1,417
police officer for an institution for the mentally retarded and 1,419
developmentally disabled, or municipal police officer on or after 1,420
December 15, 1988;
(f) Any person who originally is employed as a state 1,422
university law enforcement officer on or after November 6, 1996; 1,425
(g) Any person who originally is employed as a Hamilton 1,427
county municipal court bailiff on or after November 6, 1996; 1,429
(h) Any person who is originally employed as a state 1,431
university law enforcement officer by the university of Akron on 1,432
or after September 16, 1998; 1,433
(i) Any person who originally is employed as a preserve 1,434
officer on or after the effective date of this amendment MARCH 1,435
18, 1999; 1,436
(j) Any person who originally is employed as a natural 1,438
resources law enforcement staff officer on or after the effective 1,439
date of this amendment MARCH 18, 1999; 1,440
(k) ANY PERSON WHO IS ORIGINALLY EMPLOYED AS A DEPARTMENT 1,442
OF PUBLIC SAFETY ENFORCEMENT AGENT ON OR AFTER THE EFFECTIVE DATE 1,443
OF THIS AMENDMENT. 1,444
(D) Retirement allowances determined under this section 1,446
shall be paid as provided in section 145.46 of the Revised Code. 1,447
37
(E) FOR THE PURPOSES OF THIS SECTION, SERVICE PRIOR TO THE 1,449
EFFECTIVE DATE OF THIS AMENDMENT AS A FOOD STAMP TRAFFICKING 1,450
AGENT UNDER FORMER SECTION 5502.14 OF THE REVISED CODE SHALL BE 1,451
CONSIDERED SERVICE AS A LAW ENFORCEMENT OFFICER. 1,452
Sec. 306.42. (A) The secretary-treasurer of the regional 1,461
transit authority shall be the fiscal officer of the regional 1,463
transit authority and the custodian of its funds and records and 1,464
shall assist the board of directors in such particulars as it 1,465
directs in the performance of its duties.
(B) Before receiving any moneys, the secretary-treasurer 1,467
shall furnish bond in such amount as is determined by the board 1,469
of trustees of the regional transit authority with surety 1,470
satisfactory to it. EXCEPT AS PROVIDED IN DIVISION (C) OF THIS 1,471
SECTION, and all funds coming into the hands of the 1,473
secretary-treasurer shall be deposited by him THE
SECRETARY-TREASURER to the account of the regional transit 1,475
authority in one or more such depositories as are qualified to 1,476
receive deposits of county funds, which deposits shall be secured
in the same manner as county funds are required to be secured. 1,477
No disbursements shall be made from such funds except in 1,478
accordance with rules and regulations adopted by the board of 1,479
trustees of the regional transit authority.
(C) FUNDS RECEIVED BY THE SECRETARY-TREASURER PURSUANT TO 1,481
AN AGREEMENT UNDER DIVISION (AA) OF SECTION 306.35 OF THE REVISED 1,483
CODE SHALL BE DEPOSITED TO AN ACCOUNT OF THE REGIONAL TRANSIT 1,485
AUTHORITY AS DESIGNATED IN THE AGREEMENT AND SHALL BE INVESTED AS 1,487
PROVIDED IN THE AGREEMENT. SUCH FUNDS ARE NOT SUBJECT TO CHAPTER 1,488
135. OF THE REVISED CODE.
Sec. 306.52. (A) A regional transit authority created 1,497
under sections 306.30 to 306.53, inclusive, of the Revised Code, 1,499
shall be exempt from and shall not be required to pay any taxes 1,501
on property, both real and personal, belonging to any such 1,502
authority, which is used exclusively for any public purpose;
provided. HOWEVER, EXCEPT AS PROVIDED IN DIVISION (B) OF THIS 1,504
38
SECTION, such exemption shall not apply to any property belonging
to any authority while a private enterprise is a lessee of such 1,506
property under written lease providing for tenancy for longer 1,507
than one year.
(B) THE PROPERTY TAX EXEMPTION UNDER THIS SECTION APPLIES 1,509
TO A TRANSIT FACILITY THAT IS THE SUBJECT OF AN AGREEMENT UNDER 1,511
DIVISION (AA) OF SECTION 306.35 OF THE REVISED CODE, SO LONG AS 1,513
THE TRANSIT FACILITY IS USED BY THE REGIONAL TRANSIT AUTHORITY 1,514
EXCLUSIVELY FOR A PUBLIC PURPOSE.
Sec. 319.54. (A) On all moneys collected by the county 1,523
treasurer on any tax duplicate of the county, other than estate 1,524
tax duplicates, and on all moneys received as advance payments of 1,525
personal property and classified property taxes, the county 1,526
auditor, on settlement with the treasurer and tax commissioner, 1,527
on or before the date prescribed by law for such settlement or 1,528
any lawful extension of such date, shall be allowed as 1,529
compensation for the county auditor's services the following 1,530
percentages: 1,531
(1) On the first one hundred thousand dollars, two and 1,533
one-half per cent; 1,534
(2) On the next two million dollars, eight thousand three 1,536
hundred eighteen ten-thousandths of one per cent; 1,537
(3) On the next two million dollars, six thousand six 1,539
hundred fifty-five ten-thousandths of one per cent; 1,540
(4) On all further sums, one thousand six hundred 1,542
sixty-three ten-thousandths of one per cent. 1,543
If any settlement is not made on or before the date 1,545
prescribed by law for such settlement or any lawful extension of 1,546
such date, the aggregate compensation allowed to the auditor 1,547
shall be reduced one per cent for each day such settlement is 1,548
delayed after the prescribed date. No penalty shall apply if the 1,549
auditor and treasurer grant all requests for advances up to 1,550
ninety per cent of the settlement pursuant to section 321.34 of 1,551
the Revised Code. The compensation allowed in accordance with 1,552
39
this section on settlements made before the dates prescribed by 1,553
law, or the reduced compensation allowed in accordance with this 1,554
section on settlements made after the date prescribed by law or 1,555
any lawful extension of such date, shall be apportioned ratably 1,556
by the auditor and deducted from the shares or portions of the 1,557
revenue payable to the state as well as to the county, townships, 1,558
municipal corporations, and school districts. 1,559
(B) From all moneys collected by the county treasurer on 1,561
any tax duplicate of the county, other than estate tax 1,562
duplicates, and on all moneys received as advance payments of 1,563
personal property and classified property taxes, there shall be 1,564
paid into the county treasury to the credit of the real estate 1,565
assessment fund created by section 325.31 of the Revised Code, an 1,566
amount to be determined by the county auditor, which shall not 1,567
exceed the following percentages: 1,568
(1) On the first one hundred thousand dollars, three and 1,570
one-half per cent; 1,571
(2) On the next three million dollars, one and 1,573
three-eighths per cent; 1,574
(3) On the next three million dollars, one per cent; 1,576
(4) On all further sums not exceeding one hundred fifty 1,578
million dollars, three-quarters of one per cent; 1,579
(5) On amounts exceeding one hundred fifty million 1,581
dollars, six-tenths of one per cent. 1,582
Such compensation shall be apportioned ratably by the 1,584
auditor and deducted from the shares or portions of the revenue 1,585
payable to the state as well as to the county, townships, 1,586
municipal corporations, and school districts. 1,587
(C) Each county auditor shall receive four per cent of the 1,589
amount of tax collected and paid into the county treasury, on 1,590
property omitted and placed by the county auditor on the tax 1,591
duplicate. 1,592
(D) On all estate tax moneys collected by the county 1,594
treasurer, the county auditor, on settlement semiannually with 1,595
40
the tax commissioner, shall be allowed, as compensation for the 1,596
auditor's services under Chapter 5731. of the Revised Code, the 1,598
following percentages: 1,599
(1) Four per cent on the first one hundred thousand 1,601
dollars; 1,602
(2) One-half of one per cent on all additional sums. 1,604
Such percentages shall be computed upon the amount 1,606
collected and reported at each semiannual settlement, and shall 1,607
be for the use of the general fund of the county. 1,608
(E) On all cigarette license moneys collected by the 1,610
county treasurer, the county auditor, on settlement semiannually 1,611
with the treasurer, shall be allowed as compensation for the 1,612
auditor's services in the issuing of such licenses one-half of 1,614
one per cent of such moneys, to be apportioned ratably and 1,615
deducted from the shares of the revenue payable to the county and 1,616
subdivisions, for the use of the general fund of the county. 1,617
(F) The county auditor shall charge and receive fees as 1,619
follows: 1,620
(1) For deeds of land sold for taxes to be paid by the 1,622
purchaser, five dollars; 1,623
(2) For the transfer or entry of land, lot, or part of 1,625
lot, to be paid by the person requiring it, fifty cents for each 1,626
transfer; 1,627
(3) For receiving statements of value and administering 1,629
section 319.202 of the Revised Code, one dollar, or ten cents per 1,630
hundred dollars for each one hundred dollars, or fraction of one 1,631
hundred dollars, whichever is greater, of the value of the real 1,633
property transferred or, FOR SALES OCCURRING ON OR AFTER JANUARY 1,634
1, 2000, THE VALUE OF the used manufactured home or used mobile 1,637
home, as defined in division (B)(5)(A)(6) of section 5739.0210 of 1,638
the Revised Code, transferred, except no fee shall be charged 1,640
when the transfer is made: 1,641
(a) To or from the United States, this state, or any 1,643
instrumentality, agency, or political subdivision of the United 1,644
41
States or this state; 1,645
(b) Solely in order to provide or release security for a 1,647
debt or obligation; 1,648
(c) To confirm or correct a deed previously executed and 1,650
recorded; 1,651
(d) To evidence a gift, in trust or otherwise and whether 1,653
revocable or irrevocable, between husband and wife, or parent and 1,654
child or the spouse of either; 1,655
(e) On sale for delinquent taxes or assessments; 1,657
(f) Pursuant to court order, to the extent that such 1,659
transfer is not the result of a sale effected or completed 1,660
pursuant to such order; 1,661
(g) Pursuant to a reorganization of corporations or 1,663
unincorporated associations or pursuant to the dissolution of a 1,664
corporation, to the extent that the corporation conveys the 1,665
property to a stockholder as a distribution in kind of the 1,666
corporation's assets in exchange for the stockholder's shares in 1,667
the dissolved corporation; 1,668
(h) By a subsidiary corporation to its parent corporation 1,670
for no consideration, nominal consideration, or in sole 1,671
consideration of the cancellation or surrender of the 1,672
subsidiary's stock; 1,673
(i) By lease, whether or not it extends to mineral or 1,675
mineral rights, unless the lease is for a term of years renewable 1,676
forever; 1,677
(j) When the value of the real property or the 1,679
manufactured or mobile home or the value of the interest that is 1,681
conveyed does not exceed one hundred dollars;
(k) Of an occupied residential property, including a 1,683
manufactured or mobile home, being transferred to the builder of 1,684
a new residence or to the dealer of a new manufactured or mobile 1,685
home when the former residence is traded as part of the 1,686
consideration for the new residence or new manufactured or mobile 1,687
home;
42
(l) To a grantee other than a dealer in real property or 1,689
in manufactured or mobile homes, solely for the purpose of, and 1,690
as a step in, the prompt sale of the real property or 1,691
manufactured or mobile home to others;
(m) To or from a person when no money or other valuable 1,693
and tangible consideration readily convertible into money is paid 1,694
or to be paid for the real estate or manufactured or mobile home 1,695
and the transaction is not a gift; 1,697
(n) Pursuant to division (B) of section 317.22 OF THE 1,699
REVISED CODE, or to section 2113.61 of the Revised Code, between 1,701
spouses or to a surviving spouse pursuant to section 5302.17 of 1,702
the Revised Code as it existed prior to April 4, 1985, between 1,703
persons pursuant to section 5302.17 or 5302.18 of the Revised 1,704
Code on or after April 4, 1985, to a person who is a surviving, 1,705
survivorship tenant pursuant to section 5302.17 of the Revised 1,706
Code on or after April 4, 1985, or pursuant to section 5309.45 of 1,707
the Revised Code;
(o) To a trustee acting on behalf of minor children of the 1,709
deceased; 1,710
(p) Of an easement or right-of-way when the value of the 1,712
interest conveyed does not exceed one thousand dollars; 1,713
(q) Of property sold to a surviving spouse pursuant to 1,715
section 2106.16 of the Revised Code; 1,716
(r) To or from an organization exempt from federal income 1,718
taxation under section 501(c)(3) of the "Internal Revenue Code of 1,719
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such 1,720
transfer is without consideration and is in furtherance of the 1,721
charitable or public purposes of such organization; 1,722
(s) Among the heirs at law or devisees, including a 1,724
surviving spouse, of a common decedent, when no consideration in 1,725
money is paid or to be paid for the real property or manufactured 1,726
or mobile home; 1,727
(t) To a trustee of a trust, when the grantor of the trust 1,729
has reserved an unlimited power to revoke the trust; 1,730
43
(u) To the grantor of a trust by a trustee of the trust, 1,732
when the transfer is made to the grantor pursuant to the exercise 1,733
of the grantor's power to revoke the trust or to withdraw trust 1,734
assets;
(v) To the beneficiaries of a trust if the fee was paid on 1,736
the transfer from the grantor of the trust to the trustee or if 1,737
the transfer is made pursuant to trust provisions which became 1,738
irrevocable at the death of the grantor; 1,739
(w) To a corporation for incorporation into a sports 1,741
facility constructed pursuant to section 307.696 of the Revised 1,742
Code. 1,743
The auditor shall compute and collect the fee. The auditor 1,745
shall maintain a numbered receipt system, as prescribed by the 1,746
tax commissioner, and use such receipt system to provide a 1,747
receipt to each person paying a fee. The auditor shall deposit 1,748
the receipts of the fees on conveyances in the county treasury 1,749
daily to the credit of the general fund of the county. 1,750
The real property transfer fee provided for in division 1,752
(F)(3) of this section shall be applicable to any conveyance of 1,753
real property presented to the auditor on or after January 1, 1,754
1968, regardless of its time of execution or delivery. 1,755
Sec. 742.63. The board of trustees of the police and 1,764
firemen's disability and pension fund shall adopt rules for the 1,766
management of the firemen and policemen's death benefit fund and 1,768
for disbursements of benefits as set forth in this section. 1,769
(A) As used in this section: 1,771
(1) "Member" means a member of the police and firemen's 1,773
disability and pension fund or the state highway patrol 1,774
retirement system, or a member of the public employees retirement 1,775
system who at the time of the member's death was a county sheriff 1,776
or deputy sheriff, a full-time regular police officer in a 1,777
municipal corporation or township, a full-time regular 1,778
firefighter employed by the state, an instrumentality of the 1,780
state, a municipal corporation, a township, a joint fire 1,781
44
district, or another political subdivision, a full-time park 1,782
district ranger or patrol trooper, a full-time law enforcement 1,783
officer of the department of natural resources, a full-time 1,784
liquor control investigator of the department of public safety 1,785
ENFORCEMENT AGENT, a full-time law enforcement officer of parks, 1,788
waterway lands, or reservoir lands under the control of a 1,789
municipal corporation, a full-time law enforcement officer of a
conservancy district, a correction officer at an institution 1,790
under the control of a county, a group of counties, a municipal 1,791
corporation, or the department of rehabilitation and correction, 1,792
a state university law enforcement officer, or a member of a 1,793
retirement system operated by a municipal corporation who at the 1,794
time of death was a full-time law enforcement officer of parks, 1,796
waterway lands, or reservoir lands under the control of the 1,797
municipal corporation.
(2) Notwithstanding section 742.01 of the Revised Code, 1,799
"fire or police department" includes a fire department of the 1,800
state or an instrumentality of the state or of a municipal 1,801
corporation, township, joint fire district, or other political 1,802
subdivision, the state highway patrol, a county sheriff's office, 1,803
the security force of an institution under the control of the 1,804
department of rehabilitation and correction, the security force 1,805
of a jail or workhouse under the control of a county, group of 1,806
counties, or municipal corporation, the security force of a 1,807
metropolitan, county, or township park district, the security 1,808
force of lands under the control of the department of natural 1,809
resources, the security force of liquor control investigators of 1,810
the department of public safety ENFORCEMENT AGENTS, the security 1,811
force of parks, waterway lands, or reservoir lands under the 1,813
control of a municipal corporation, the security force of a 1,814
conservancy district, the police department of a township or 1,815
municipal corporation, and the police force of a state 1,816
university.
(3) "Firefighter or police officer" includes a state 1,819
45
highway patrol trooper, a county sheriff or deputy sheriff, a 1,820
correction officer at an institution under the control of a 1,821
county, a group of counties, a municipal corporation, or the 1,822
department of rehabilitation and correction, a police officer 1,823
employed by a township or municipal corporation, a firefighter 1,825
employed by the state, an instrumentality of the state, a 1,827
municipal corporation, a township, a joint fire district, or 1,828
another political subdivision, a full-time park district ranger 1,829
or patrol trooper, a full-time law enforcement officer of the 1,831
department of natural resources, a full-time liquor control 1,832
investigator of the department of public safety ENFORCEMENT 1,833
AGENT, a full-time law enforcement officer of parks, waterway 1,834
lands, or reservoir lands under the control of a municipal 1,835
corporation, a full-time law enforcement officer of a conservancy 1,836
district, and a state university law enforcement officer. 1,837
(4) "Correction officer" includes, in addition to any 1,839
correction officer, any correction corporal, sergeant, 1,840
lieutenant, or captain, and the equivalents of all such persons. 1,841
(5) "A park district ranger or patrol trooper" means a 1,844
peace officer commissioned to make arrests, execute warrants, and 1,845
preserve the peace upon lands under the control of a board of 1,846
park commissioners of a metropolitan, county, or township park 1,847
district. 1,848
(6) "Metropolitan, county, or township park district" 1,850
means a park district created under the authority of Chapter 511. 1,851
or 1545. of the Revised Code. 1,852
(7) "Conservancy district" means a conservancy district 1,854
created under the authority of Chapter 6101. of the Revised Code. 1,855
(8) "Law enforcement officer" means an officer 1,857
commissioned to make arrests, execute warrants, and preserve the 1,858
peace upon lands under the control of the governmental entity 1,859
granting the commission. 1,860
(9) "Department of natural resources law enforcement 1,862
officer" includes a forest officer designated pursuant to section 1,863
46
1503.29 of the Revised Code, a preserve officer designated 1,864
pursuant to section 1517.10 of the Revised Code, a wildlife 1,865
officer designated pursuant to section 1531.13 of the Revised 1,866
Code, a park officer designated pursuant to section 1541.10 of 1,867
the Revised Code, and a state watercraft officer designated 1,868
pursuant to section 1547.521 of the Revised Code. 1,869
(10) "Retirement eligibility date" means the last day of 1,871
the month in which a deceased member would have first become 1,872
eligible, had the member lived, for the retirement pension 1,873
provided under section 145.33, division (C)(1) of section 742.37, 1,874
or division (A)(1) of section 5505.17 of the Revised Code or 1,875
provided by a retirement system operated by a municipal 1,876
corporation.
(11) "Death benefit amount" means an amount equal to the 1,878
full monthly salary received by a deceased member prior to death, 1,879
minus an amount equal to the benefit received under section 1,880
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 1,881
benefit received from a retirement system operated by a municipal 1,882
corporation, plus any increases in salary that would have been
granted the deceased member. 1,883
(12) "Killed in the line of duty" means either of the 1,885
following:
(a) Death in the line of duty; 1,887
(b) Death from injury sustained in the line of duty, 1,890
including heart attack or other fatal injury or illness caused
while in the line of duty. 1,891
(B) A spouse of a deceased member shall receive a death 1,893
benefit each month equal to the full death benefit amount, 1,894
provided that the deceased member was a firefighter or police 1,895
officer killed in the line of duty and there are no surviving 1,896
children eligible for a benefit under this section. The spouse 1,897
shall receive this benefit during the spouse's natural life until 1,899
the earlier of the deceased member's retirement eligibility date 1,900
or the spouse's remarriage, on which date the benefit provided 1,901
47
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 1,903
firefighter or police officer is survived only by a child or 1,906
children, the child or children shall receive a benefit each 1,907
month equal to the full death benefit amount. If there is more 1,908
than one surviving child, the benefit shall be divided equally 1,910
among these children.
(2) If the death benefit paid under this division is 1,912
divided among two or more surviving children and any of the 1,913
children become ineligible to continue receiving a portion of the 1,914
benefit as provided in division (H) of this section, the full 1,915
death benefit amount shall be paid to the remaining eligible 1,916
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 1,917
death benefit amount. 1,918
(3) Notwithstanding divisions (C)(1) and (2) of this 1,921
section, all death benefits paid under this division shall 1,922
terminate on the deceased member's retirement eligibility date. 1,923
(D) If a member killed in the line of duty as a 1,925
firefighter or police officer is survived by both a spouse and a 1,926
child or children, the monthly benefit provided shall be as 1,927
follows: 1,928
(1)(a) If there is a surviving spouse and one surviving 1,930
child, the spouse shall receive an amount each month equal to 1,932
one-half of the full death benefit amount and the child shall 1,934
receive an amount equal to one-half of the full death benefit 1,935
amount.
(b) If the surviving spouse becomes ineligible to continue 1,937
receiving a death benefit due to remarriage or death, or the 1,938
child becomes ineligible as provided in division (H) of this 1,939
section, the surviving spouse or child remaining eligible shall 1,940
receive the full death benefit amount. 1,941
(2)(a) If there is a surviving spouse and more than one 1,943
child, the spouse shall receive an amount each month equal to 1,945
48
one-third of the full death benefit amount and the children shall 1,947
receive an amount, equally divided among them, equal to 1,948
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 1,950
a death benefit under division (D)(2)(a) of this section and the 1,952
spouse becomes ineligible to receive a benefit due to remarriage 1,953
or death, the children shall receive an amount each month,
equally divided among them, equal to the full death benefit 1,954
amount.
(c) If a spouse and more than one child each are receiving 1,956
a benefit under division (D)(2)(a) of this section and any of the 1,958
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 1,959
child or children shall receive a death benefit as follows: 1,960
(i) If there are two or more remaining eligible children, 1,962
the spouse shall receive an amount each month equal to one-third 1,963
of the full death benefit amount and the children shall receive 1,964
an amount each month, equally divided among them, equal to 1,965
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 1,967
shall receive an amount each month equal to one-half of the full 1,968
death benefit amount, and the child shall receive an amount each 1,969
month equal to one-half of the full death benefit amount. 1,970
(d) If a spouse and more than one child each are receiving 1,972
a benefit under division (D)(2)(a) of this section and all of the 1,974
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 1,975
death benefit amount. 1,976
(3) Notwithstanding divisions (D)(1) and (2) of this 1,978
section, death benefits paid under this division to a surviving 1,979
spouse shall terminate on the earlier of the member's retirement 1,981
eligibility date or the spouse's remarriage. Death benefits paid 1,982
to a surviving child or children shall terminate on the deceased 1,983
member's retirement eligibility date unless earlier terminated 1,984
49
pursuant to division (H) of this section. 1,985
(E) If a member, on or after January 1, 1980, is killed in 1,988
the line of duty as a firefighter or police officer and is 1,989
survived by only a parent or parents dependent upon the member 1,991
for support, the parent or parents shall receive an amount each 1,993
month equal to the full death benefit amount. If there is more 1,995
than one surviving parent dependent upon the deceased member for 1,996
support, the death benefit amount shall be divided equally among 1,997
the surviving parents. On the death of one of the surviving 1,998
parents, the full death benefit amount shall be paid to the other
parent. 1,999
(F) A surviving spouse whose benefits are terminated in 2,001
accordance with division (B) or (D)(3) of this section on the 2,002
deceased member's retirement eligibility date, or who would 2,003
qualify for a benefit under division (B) or (D) of this section 2,004
except that the deceased member reached the member's retirement 2,005
eligibility date prior to the member's death, shall receive a 2,006
monthly death benefit under this division. The monthly death 2,008
benefit shall be one-half of an amount equal to the monthly 2,009
salary received by the deceased member prior to the member's 2,010
death, plus any salary increases the deceased member would have 2,012
received prior to the member's retirement eligibility date. The 2,014
benefit shall terminate on the surviving spouse's remarriage or 2,015
death. A death benefit payable under this division shall be 2,017
reduced by an amount equal to any allowance or benefit payable to 2,018
the surviving spouse under section 742.3714 of the Revised Code. 2,019
(G)(1) If there is not a surviving spouse eligible to 2,023
receive a death benefit under division (F) of this section or the 2,024
surviving spouse receiving a death benefit under that division 2,025
becomes ineligible to receive the benefit due to remarriage or 2,026
death, a surviving child or children whose benefits under 2,027
division (C) or (D) of this section are or have been terminated 2,028
pursuant to division (C)(3) or (D)(3) of this section or who 2,030
would qualify for a benefit under division (C) or (D) of this 2,031
50
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 2,032
receive a monthly death benefit under this division. The monthly 2,033
death benefit shall be one-half of an amount equal to the monthly 2,034
salary received by the deceased member prior to the member's 2,035
death, plus any salary increases the member would have received 2,037
prior to the member's retirement eligibility date. If there is 2,038
more than one surviving child, the benefit shall be divided 2,039
equally among the surviving children. 2,040
(2) If two or more surviving children each are receiving a 2,042
benefit under this division and any of those children becomes 2,043
ineligible to continue receiving a benefit as provided in 2,044
division (H) of this section, the remaining eligible child or 2,045
children shall receive an amount equal to one-half of the monthly 2,046
salary received by the deceased member prior to death, plus any 2,047
salary increases the deceased member would have received prior to 2,048
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 2,049
among the eligible children. 2,050
(3) A death benefit, or portion of a death benefit, 2,052
payable to a surviving child under this division shall be reduced 2,053
by an amount equal to any allowance or benefit payable to that 2,054
child under section 742.3714 of the Revised Code, but the 2,055
reduction in that child's benefit shall not affect the amount 2,056
payable to any other surviving child entitled to a portion of the 2,057
death benefit.
(H) A death benefit paid to a surviving child under 2,060
division (C), (D), or (G) of this section shall terminate on the 2,061
death of the child or, unless one of the following is the case, 2,062
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 2,064
is unable to provide the child's own support, in which case the 2,065
death benefit shall terminate when the disability is removed; 2,067
(2) The child is unmarried, under age twenty-two, and a 2,069
51
student in and attending an institution of learning or training 2,070
pursuant to a program designed to complete in each school year 2,071
the equivalent of at least two-thirds of the full-time curriculum 2,072
requirements of the institution, as determined by the trustees of 2,073
the fund.
(I) Acceptance of any death benefit under this section 2,075
does not prohibit a spouse or child from receiving other benefits 2,076
provided under the police and firemen's disability and pension 2,077
fund, the state highway patrol retirement system, the public 2,078
employees retirement system, or a retirement system operated by a 2,079
municipal corporation. 2,080
(J) No person shall receive a benefit under this section 2,082
if any of the following occur: 2,083
(1) The person fails to exercise the right to a monthly 2,085
survivor benefit under division (A) or (B) of section 145.45, 2,086
division (D), (E), or (F) of section 742.37, or division (A)(3), 2,087
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 2,088
survivor benefit from a retirement system operated by a municipal 2,089
corporation; or to a retirement allowance under section 742.3714 2,090
of the Revised Code. 2,091
(2) The member's accumulated contributions under this 2,093
chapter or Chapter 145. or 5505. of the Revised Code are refunded 2,094
unless the member had been a member of the public employees 2,095
retirement system and had fewer than eighteen months of total 2,096
service credit at the time of death. 2,097
(3) In the case of a full-time park district ranger or 2,099
patrol trooper, a full-time law enforcement officer of the 2,101
department of natural resources, a full-time law enforcement 2,102
officer of parks, waterway lands, or reservoir lands under the 2,103
control of a municipal corporation, a full-time law enforcement 2,104
officer of a conservancy district, a correction officer at an 2,105
institution under the control of a county, group of counties, or 2,106
municipal corporation, or a member of a retirement system 2,107
operated by a municipal corporation who at the time of the 2,108
52
member's death was a full-time law enforcement officer of parks, 2,110
waterway lands, or reservoir lands under the control of the 2,111
municipal corporation, the member died prior to April 9, 1981, in 2,112
the case of a benefit under division (B), (C), or (D) of this 2,113
section, or prior to January 1, 1980, in the case of a benefit 2,114
under division (E) of this section. 2,115
(4) In the case of a full-time DEPARTMENT OF PUBLIC SAFETY 2,117
ENFORCEMENT AGENT WHO PRIOR TO THE EFFECTIVE DATE OF THIS 2,118
AMENDMENT WAS A liquor control investigator of the department of 2,120
public safety, the member died prior to December 23, 1986; 2,121
(5) IN THE CASE OF A FULL-TIME DEPARTMENT OF PUBLIC SAFETY 2,123
ENFORCEMENT AGENT OTHER THAN AN ENFORCEMENT AGENT WHO, PRIOR TO 2,124
THE EFFECTIVE DATE OF THIS AMENDMENT, WAS A LIQUOR CONTROL 2,125
INVESTIGATOR, THE MEMBER DIED PRIOR TO THE EFFECTIVE DATE OF THIS 2,126
AMENDMENT.
Sec. 2925.44. (A) If property is seized pursuant to 2,135
section 2925.42 or 2925.43 of the Revised Code, it is deemed to 2,136
be in the custody of the head of the law enforcement agency that 2,137
seized it, and the head of that agency may do any of the 2,138
following with respect to that property prior to its disposition 2,140
in accordance with division (A)(4) or (B) of this section: 2,141
(1) Place the property under seal; 2,143
(2) Remove the property to a place that the head of that 2,145
agency designates; 2,146
(3) Request the issuance of a court order that requires 2,148
any other appropriate municipal corporation, county, township, 2,149
park district created pursuant to section 511.18 or 1545.01 of 2,151
the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable, 2,152
remove it to an appropriate location for eventual disposition in 2,153
accordance with division (B) of this section; 2,154
(4)(a) Seek forfeiture of the property pursuant to federal 2,156
law. If the head of that agency seeks its forfeiture pursuant to 2,157
federal law, the law enforcement agency shall deposit, use, and 2,159
53
account for proceeds from a sale of the property upon its 2,160
forfeiture, proceeds from another disposition of the property 2,161
upon its forfeiture, or forfeited moneys it receives, in 2,162
accordance with the applicable federal law and otherwise shall 2,163
comply with that law. 2,164
(b) If the state highway patrol seized the property and if 2,166
the superintendent of the state highway patrol seeks its 2,167
forfeiture pursuant to federal law, the appropriate governmental 2,168
officials shall deposit into the state highway patrol contraband, 2,169
forfeiture, and other fund all interest or other earnings derived 2,170
from the investment of the proceeds from a sale of the property
upon its forfeiture, the proceeds from another disposition of the 2,171
property upon its forfeiture, or the forfeited moneys. The state 2,172
highway patrol shall use and account for that interest or other 2,173
earnings in accordance with the applicable federal law. 2,174
(c) If the liquor enforcement INVESTIGATIVE unit of the 2,176
department of public safety seized the property and if the 2,178
director of public safety seeks its forfeiture pursuant to 2,179
federal law, the appropriate governmental officials shall deposit 2,180
into the liquor enforcement DEPARTMENT OF PUBLIC SAFETY 2,181
INVESTIGATIVE UNIT contraband, forfeiture, and other fund all 2,182
interest or other earnings derived from the investment of the 2,183
proceeds from a sale of the property upon its forfeiture, the 2,184
proceeds from another disposition of the property upon its 2,185
forfeiture, or the forfeited moneys. The department shall use 2,186
and account for that interest or other earnings in accordance 2,187
with the applicable federal law. 2,188
(d) If the food stamp fraud unit of the department of 2,191
public safety seized the property and if the director of public 2,192
safety seeks its forfeiture pursuant to federal law, the 2,193
appropriate governmental officials shall deposit into the food 2,194
stamp contraband, forfeiture, and other fund all interest or 2,195
other earnings derived from the investment of the proceeds from a 2,196
sale of the property upon its forfeiture, the proceeds from 2,197
54
another disposition of the property upon its forfeiture, or the 2,198
forfeited moneys. The department shall use and account for that 2,199
interest or other earnings in accordance with the applicable 2,200
federal law.
(e) Division (B) of this section and divisions (D)(1) to 2,202
(3) of section 2933.43 of the Revised Code do not apply to 2,203
proceeds or forfeited moneys received pursuant to federal law or 2,204
to the interest or other earnings that are derived from the 2,205
investment of proceeds or forfeited moneys received pursuant to 2,206
federal law and that are described in division (A)(4)(b) of this 2,207
section.
(B) In addition to complying with any requirements imposed 2,209
by a court pursuant to section 2925.42 or 2925.43 of the Revised 2,210
Code, and the requirements imposed by those sections, in relation 2,211
to the disposition of property forfeited to the state under 2,212
either of those sections, the prosecuting attorney who is 2,213
responsible for its disposition shall dispose of the property as 2,214
follows: 2,215
(1) Any vehicle, as defined in section 4501.01 of the 2,217
Revised Code, that was used in a felony drug abuse offense or in 2,218
an act that, if committed by an adult, would be a felony drug 2,219
abuse offense shall be given to the law enforcement agency of the 2,220
municipal corporation or county in which the offense occurred if 2,221
that agency desires to have the vehicle, except that, if the 2,222
offense occurred in a township or in a park district created 2,223
pursuant to section 511.18 or 1545.01 of the Revised Code and a 2,224
law enforcement officer employed by the township or the park 2,225
district was involved in the seizure of the vehicle, the vehicle 2,227
may be given to the law enforcement agency of that township or 2,228
park district if that agency desires to have the vehicle, and 2,229
except that, if the state highway patrol made the seizure of the 2,230
vehicle, the vehicle may be given to the state highway patrol if 2,231
it desires to have the vehicle. 2,232
(2) Any drug paraphernalia that was used, possessed, sold, 2,234
55
or manufactured in a violation of section 2925.14 of the Revised 2,235
Code that would be a felony drug abuse offense or in a violation 2,236
of that section committed by a juvenile that, if committed by an 2,237
adult, would be a felony drug abuse offense, may be given to the 2,238
law enforcement agency of the municipal corporation or county in 2,239
which the offense occurred if that agency desires to have and can 2,240
use the drug paraphernalia, except that, if the offense occurred 2,241
in a township or in a park district created pursuant to section 2,242
511.18 or 1545.01 of the Revised Code and a law enforcement 2,243
officer employed by the township or the park district was 2,244
involved in the seizure of the drug paraphernalia, the drug 2,246
paraphernalia may be given to the law enforcement agency of that 2,247
township or park district if that agency desires to have and can 2,248
use the drug paraphernalia. If the drug paraphernalia is not so 2,249
given, it shall be disposed of by sale pursuant to division 2,250
(B)(8) of this section or disposed of in another manner that the 2,251
court that issued the order of forfeiture considers proper under 2,252
the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11 2,254
of the Revised Code or placed in the custody of the secretary of 2,255
the treasury of the United States for disposal or use for medical 2,256
or scientific purposes under applicable federal law. 2,257
(4) Firearms and dangerous ordnance suitable for police 2,259
work may be given to a law enforcement agency for that purpose. 2,260
Firearms suitable for sporting use, or as museum pieces or 2,261
collectors' items, may be disposed of by sale pursuant to 2,262
division (B)(8) of this section. Other firearms and dangerous 2,263
ordnance shall be destroyed by a law enforcement agency or shall 2,264
be sent to the bureau of criminal identification and 2,265
investigation for destruction by it. As used in this division, 2,266
"firearms" and "dangerous ordnance" have the same meanings as in 2,267
section 2923.11 of the Revised Code. 2,268
(5) Computers, computer networks, computer systems, and 2,270
computer software suitable for police work may be given to a law 2,271
56
enforcement agency for that purpose. Other computers, computer 2,272
networks, computer systems, and computer software shall be 2,273
disposed of by sale pursuant to division (B)(8) of this section 2,274
or disposed of in another manner that the court that issued the 2,275
order of forfeiture considers proper under the circumstances. As 2,276
used in this division, "computers," "computer networks," 2,277
"computer systems," and "computer software" have the same 2,278
meanings as in section 2913.01 of the Revised Code. 2,279
(6) Obscene materials shall be destroyed. 2,281
(7) Beer, intoxicating liquor, and alcohol shall be 2,283
disposed of in accordance with division (D)(4) of section 2933.41 2,284
of the Revised Code. 2,285
(8) In the case of property not described in divisions 2,287
(B)(1) to (7) of this section and of property described in those 2,288
divisions but not disposed of pursuant to them, the property 2,289
shall be sold in accordance with division (B)(8) of this section 2,290
or, in the case of forfeited moneys, disposed of in accordance 2,292
with division (B)(8) of this section. If the property is to be 2,293
sold, the prosecuting attorney shall cause a notice of the 2,294
proposed sale of the property to be given in accordance with law, 2,295
and the property shall be sold, without appraisal, at a public 2,296
auction to the highest bidder for cash. The proceeds of a sale 2,297
and forfeited moneys shall be applied in the following order: 2,298
(a) First, to the payment of the costs incurred in 2,300
connection with the seizure of, storage of, maintenance of, and 2,301
provision of security for the property, the forfeiture proceeding 2,302
or civil action, and, if any, the sale; 2,303
(b) Second, the remaining proceeds or forfeited moneys 2,305
after compliance with division (B)(8)(a) of this section, to the 2,306
payment of the value of any legal right, title, or interest in 2,307
the property that is possessed by a person who, pursuant to 2,308
division (F) of section 2925.42 of the Revised Code or division 2,309
(E) of section 2925.43 of the Revised Code, established the 2,310
validity of and consequently preserved that legal right, title, 2,311
57
or interest, including, but not limited to, any mortgage, 2,312
perfected or other security interest, or other lien in the 2,313
property. The value of these rights, titles, or interests shall 2,314
be paid according to their record or other order of priority. 2,315
(c) Third, the remaining proceeds or forfeited moneys 2,317
after compliance with divisions (B)(8)(a) and (b) of this 2,318
section, as follows: 2,319
(i) If the forfeiture was ordered in a juvenile court, ten 2,321
per cent to one or more alcohol and drug addiction treatment 2,322
programs that are certified by the department of alcohol and drug 2,323
addiction services under section 3793.06 of the Revised Code and 2,324
that are specified in the order of forfeiture. A juvenile court 2,325
shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified 2,326
alcohol and drug addiction treatment program and, except as 2,327
provided in division (B)(8)(c)(i) of this section, unless the 2,329
program is located in the county in which the court that orders
the forfeiture is located or in a contiguous county. If no 2,330
certified alcohol and drug addiction treatment program is located 2,331
in any of those counties, the juvenile court may specify in the 2,332
order a certified alcohol and drug addiction treatment program 2,333
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, 2,335
ninety per cent, and if the forfeiture was ordered in a court 2,337
other than a juvenile court, one hundred per cent to appropriate 2,340
funds in accordance with divisions (D)(1)(c) and (2) of section 2,341
2933.43 of the Revised Code. The remaining proceeds or forfeited 2,342
moneys so deposited shall be used only for the purposes 2,343
authorized by those divisions and division (D)(3)(a)(ii) of that 2,344
section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do 2,346
not preclude a financial institution that possessed a valid 2,347
mortgage, security interest, or lien that is not satisfied prior 2,348
to a sale under division (B)(8) of this section or following a 2,349
58
sale by application of division (B)(8)(b) of this section, from 2,350
commencing a civil action in any appropriate court in this or 2,351
another state to obtain a deficiency judgment against the debtor 2,352
if the financial institution otherwise would have been entitled 2,353
to do so in this or another state. 2,354
(2) Any law enforcement agency that obtains any vehicle 2,356
pursuant to division (B)(1) of this section shall take the 2,357
vehicle subject to the outstanding amount of any security 2,358
interest or lien that attaches to the vehicle. 2,359
(3) Nothing in this section impairs a mortgage, security 2,361
interest, lien, or other interest of a financial institution in 2,363
property that was the subject of a forfeiture order under section 2,364
2925.42 or 2925.43 of the Revised Code and that was sold or 2,365
otherwise disposed of in a manner that does not conform to the 2,366
requirements of division (B) of this section, or any right of a 2,367
financial institution of that nature to commence a civil action 2,369
in any appropriate court in this or another state to obtain a 2,370
deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this 2,372
section of any property that is required to be titled or 2,373
registered under the law of this state, the prosecuting attorney 2,374
responsible for the disposition of the property shall cause the 2,375
state to issue an appropriate certificate of title or 2,376
registration to the purchaser of the property. Additionally, if, 2,377
in a disposition of property pursuant to division (B) of this 2,378
section, the state or a political subdivision is given any 2,379
property that is required to be titled or registered under the 2,380
law of this state, the prosecuting attorney responsible for the 2,381
disposition of the property shall cause the state to issue an 2,382
appropriate certificate of title or registration to itself or to 2,383
the political subdivision. 2,384
(D) Property that has been forfeited to the state pursuant 2,386
to an order of criminal forfeiture under section 2925.42 of the 2,387
Revised Code or an order of civil forfeiture under section 2,388
59
2925.43 of the Revised Code shall not be available for use to pay 2,389
any fine imposed upon a person who is convicted of or pleads 2,390
guilty to a felony drug abuse offense or upon any juvenile who is 2,391
found by a juvenile court to be a delinquent child for an act 2,392
that, if committed by an adult, would be a felony drug abuse 2,393
offense. 2,394
(E) Sections 2925.41 to 2925.45 of the Revised Code do not 2,396
prohibit a law enforcement officer from seeking the forfeiture of 2,397
contraband associated with a felony drug abuse offense pursuant 2,398
to section 2933.43 of the Revised Code. 2,399
Sec. 2933.43. (A)(1) Except as provided in this division 2,408
or in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 2,410
to 2925.45 of the Revised Code, a law enforcement officer shall 2,411
seize any contraband that has been, is being, or is intended to 2,412
be used in violation of division (A) of section 2933.42 of the 2,413
Revised Code. A law enforcement officer shall seize contraband 2,414
that is a watercraft, motor vehicle, or aircraft and that has 2,415
been, is being, or is intended to be used in violation of 2,416
division (A) of section 2933.42 of the Revised Code only if the 2,417
watercraft, motor vehicle, or aircraft is contraband because of 2,418
its relationship to an underlying criminal offense that is a 2,419
felony.
Additionally, a law enforcement officer shall seize any 2,421
watercraft, motor vehicle, aircraft, or other personal property 2,422
that is classified as contraband under division (B) of section 2,423
2933.42 of the Revised Code if the underlying offense involved in 2,424
the violation of division (A) of that section that resulted in 2,425
the watercraft, motor vehicle, aircraft, or personal property 2,426
being classified as contraband, is a felony. 2,427
(2) If a law enforcement officer seizes property that is 2,429
titled or registered under law, including a motor vehicle, 2,430
pursuant to division (A)(1) of this section, the officer or the 2,431
officer's employing law enforcement agency shall notify the owner 2,432
of the seizure. The notification shall be given to the owner at 2,433
60
the owner's last known address within seventy-two hours after the 2,434
seizure, and may be given orally by any means, including 2,435
telephone, or by certified mail, return receipt requested. 2,436
If the officer or the officer's agency is unable to provide 2,438
the notice required by this division despite reasonable, good 2,439
faith efforts to do so, the exercise of the reasonable, good 2,440
faith efforts constitutes fulfillment of the notice requirement 2,441
imposed by this division. 2,442
(B)(1) A motor vehicle seized pursuant to division (A)(1) 2,444
of this section and the contents of the vehicle may be retained 2,445
for a reasonable period of time, not to exceed seventy-two hours, 2,446
for the purpose of inspection, investigation, and the gathering 2,447
of evidence of any offense or illegal use. 2,448
At any time prior to the expiration of the seventy-two-hour 2,450
period, the law enforcement agency that seized the motor vehicle 2,451
may petition the court of common pleas of the county that has 2,452
jurisdiction over the underlying criminal case or administrative 2,453
proceeding involved in the forfeiture for an extension of the 2,454
seventy-two-hour period if the motor vehicle or its contents are 2,455
needed as evidence or if additional time is needed for the 2,456
inspection, investigation, or gathering of evidence. Upon the 2,457
filing of such a petition, the court immediately shall schedule a 2,458
hearing to be held at a time as soon as possible after the 2,459
filing, but in no event at a time later than the end of the next 2,460
business day subsequent to the day on which the petition was 2,461
filed, and upon scheduling the hearing, immediately shall notify 2,462
the owner of the vehicle, at the address at which notification of 2,463
the seizure was provided under division (A) of this section, of 2,464
the date, time, and place of the hearing. If the court, at the 2,465
hearing, determines that the vehicle or its contents, or both, 2,466
are needed as evidence or that additional time is needed for the 2,467
inspection, investigation, or gathering of evidence, the court 2,468
may grant the petition and issue an order authorizing the 2,469
retention of the vehicle or its contents, or both, for an 2,470
61
extended period as specified by the court in its order. An order 2,471
extending a period of retention issued under this division may be 2,472
renewed. 2,473
If no petition for the extension of the initial 2,475
seventy-two-hour period has been filed, prior to the expiration 2,476
of that period, under this division, if the vehicle was not in 2,477
the custody and control of the owner at the time of its seizure, 2,478
and if, at the end of that seventy-two-hour period, the owner of 2,479
the vehicle has not been charged with an offense or 2,480
administrative violation that includes the use of the vehicle as 2,481
an element and has not been charged with any other offense or 2,482
administrative violation in the actual commission of which the 2,483
motor vehicle was used, the vehicle and its contents shall be 2,484
released to its owner or the owner's agent, provided that the law 2,485
enforcement agency that seized the vehicle may require proof of 2,486
ownership of the vehicle, proof of ownership or legal possession 2,487
of the contents, and an affidavit of the owner that the owner 2,488
neither knew of nor expressly or impliedly consented to the use 2,489
of the vehicle that resulted in its forfeiture as conditions 2,490
precedent to release. If a petition for the extension of the 2,491
initial seventy-two-hour period has been filed, prior to the 2,492
expiration of that period, under this division but the court does 2,493
not grant the petition, if the vehicle was not in the custody and 2,494
control of the owner at the time of its seizure, and if, at the 2,495
end of that seventy-two-hour period, the owner of the vehicle has 2,496
not been charged with an offense or administrative violation that 2,497
includes the use of the vehicle as an element and has not been 2,498
charged with any other offense or administrative violation in the 2,499
actual commission of which the motor vehicle was used, the 2,500
vehicle and its contents shall be released to its owner or the 2,501
owner's agent, provided that the court may require the proof and 2,502
affidavit described in the preceding sentence as conditions 2,503
precedent to release. If the initial seventy-two-hour period has 2,504
been extended under this division, the vehicle and its contents 2,505
62
to which the extension applies may be retained in accordance with 2,506
the extension order. If, at the end of that extended period, the 2,507
owner of the vehicle has not been charged with an offense or 2,508
administrative violation that includes the use of the vehicle as 2,509
an element and has not been charged with any other offense or 2,510
administrative violation in the actual commission of which the 2,511
motor vehicle was used, and if the vehicle was not in the custody 2,512
and control of the owner at the time of its seizure, the vehicle 2,513
and its contents shall be released to its owner or the owner's 2,514
agent, provided that the court may require the proof and 2,515
affidavit described in the third preceding sentence as conditions 2,516
precedent to release. In cases in which the court may require 2,517
proof and affidavits as conditions precedent to release, the 2,518
court also may require the posting of a bond, with sufficient 2,519
sureties approved by the court, in an amount equal to the value 2,520
of the property to be released, as determined by the court, and 2,521
conditioned upon the return of the property to the court if it is 2,522
forfeited under this section, as a further condition to release. 2,523
If, at the end of the initial seventy-two-hour period or at the 2,524
end of any extended period granted under this section, the owner 2,525
has been charged with an offense or administrative violation that 2,526
includes the use of the vehicle as an element or has been charged 2,527
with another offense or administrative violation in the actual 2,528
commission of which the motor vehicle was used, or if the vehicle 2,529
was in the custody and control of the owner at the time of its 2,530
seizure, the vehicle and its contents shall be retained pending 2,531
disposition of the charge, provided that upon the filing of a 2,532
motion for release by the owner, if the court determines that the 2,533
motor vehicle or its contents, or both, are not needed as 2,534
evidence in the underlying criminal case or administrative 2,535
proceeding, the court may permit the release of the property that 2,536
is not needed as evidence to the owner; as a condition precedent 2,537
to a release of that nature, the court may require the owner to 2,538
execute a bond with the court. Any bond so required shall be in 2,539
63
an amount equal to the value of the property to be released, as 2,540
determined by the court, shall have sufficient sureties approved 2,541
by the court, and shall be conditioned upon the return of the 2,542
property to the court to which it is forfeited under this 2,543
section.
The final disposition of a motor vehicle seized pursuant to 2,545
division (A)(1) of this section shall be determined in accordance 2,546
with division (C) of this section. 2,547
(2) Pending a hearing pursuant to division (C) of this 2,549
section, and subject to divisions (B)(1) and (C) of this section, 2,550
any property lawfully seized pursuant to division (A) of this 2,551
section because it was contraband of a type described in division 2,552
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section 2,554
2901.01 of the Revised Code shall not be subject to replevin or 2,555
other action in any court and shall not be subject to release 2,556
upon request of the owner, and no judgment shall be enforced 2,557
against the property. Pending the hearing, and subject to 2,558
divisions (B)(1) and (C) of this section, the property shall be 2,559
kept in the custody of the law enforcement agency responsible for 2,560
its seizure. 2,561
Pending a hearing pursuant to division (C) of this section, 2,563
and notwithstanding any provisions of division (B)(1) or (C) of 2,564
this section to the contrary, any property lawfully seized 2,565
pursuant to division (A) of this section because it was 2,566
contraband of a type described in division (A)(13)(a) or (c) of 2,568
section 2901.01 of the Revised Code shall not be subject to 2,569
replevin or other action in any court and shall not be subject to 2,570
release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and 2,571
notwithstanding any provisions of division (B)(1) or (C) of this 2,572
section to the contrary, the property shall be kept in the 2,573
custody of the law enforcement agency responsible for its 2,574
seizure. 2,575
A law enforcement agency that seizes property under 2,577
64
division (A) of this section because it was contraband of any 2,578
type described in division (A)(13) of section 2901.01 or division 2,580
(B) of section 2933.42 of the Revised Code shall maintain an
accurate record of each item of property so seized, which record 2,581
shall include the date on which each item was seized, the manner 2,582
and date of its disposition, and if applicable, the name of the 2,583
person who received the item; however, the record shall not 2,584
identify or enable the identification of the individual officer 2,585
who seized the item. The record of property of that nature that 2,586
no longer is needed as evidence shall be open to public 2,587
inspection during the agency's regular business hours. Each law 2,588
enforcement agency that, during any calendar year, seizes 2,589
property under division (A) of this section because it was 2,590
contraband shall prepare a report covering the calendar year that 2,591
cumulates all of the information contained in all of the records 2,592
kept by the agency pursuant to this division for that calendar 2,593
year, and shall send a copy of the cumulative report, no later 2,594
than the first day of March in the calendar year following the 2,595
calendar year covered by the report, to the attorney general. 2,596
Each report received by the attorney general is a public record 2,597
open for inspection under section 149.43 of the Revised Code. 2,598
Not later than the fifteenth day of April in the calendar year in 2,600
which the reports are received, the attorney general shall send 2,601
to the president of the senate and the speaker of the house of 2,602
representatives a written notification that does all of the 2,603
following: 2,604
(a) Indicates that the attorney general has received from 2,606
law enforcement agencies reports of the type described in this 2,608
division that cover the previous calendar year and indicates that 2,609
the reports were received under this division; 2,610
(b) Indicates that the reports are open for inspection 2,613
under section 149.43 of the Revised Code; 2,614
(c) Indicates that the attorney general will provide a 2,617
copy of any or all of the reports to the president of the senate 2,618
65
or the speaker of the house of representatives upon request. 2,619
(C) The prosecuting attorney, village solicitor, city 2,621
director of law, or similar chief legal officer who has 2,622
responsibility for the prosecution of the underlying criminal 2,623
case or administrative proceeding, or the attorney general if the 2,624
attorney general has that responsibility, shall file a petition 2,625
for the forfeiture, to the seizing law enforcement agency of the 2,626
contraband seized pursuant to division (A) of this section. The 2,627
petition shall be filed in the court that has jurisdiction over 2,628
the underlying criminal case or administrative proceeding 2,629
involved in the forfeiture. If the property was seized on the 2,630
basis of both a criminal violation and an administrative 2,631
regulation violation, the petition shall be filed by the officer 2,632
and in the court that is appropriate in relation to the criminal 2,633
case. 2,634
The petitioner shall conduct or cause to be conducted a 2,636
search of the appropriate public records that relate to the 2,637
seized property for the purpose of determining, and shall make or 2,638
cause to be made reasonably diligent inquiries for the purpose of 2,639
determining, any person having an ownership or security interest 2,640
in the property. The petitioner then shall give notice of the 2,641
forfeiture proceedings by personal service or by certified mail, 2,642
return receipt requested, to any persons known, because of the 2,643
conduct of the search, the making of the inquiries, or otherwise, 2,644
to have an ownership or security interest in the property, and 2,645
shall publish notice of the proceedings once each week for two 2,646
consecutive weeks in a newspaper of general circulation in the 2,647
county in which the seizure occurred. The notices shall be 2,648
personally served, mailed, and first published at least four 2,649
weeks before the hearing. They shall describe the property 2,650
seized; state the date and place of seizure; name the law 2,651
enforcement agency that seized the property and, if applicable, 2,652
that is holding the property; list the time, date, and place of 2,653
the hearing; and state that any person having an ownership or 2,654
66
security interest in the property may contest the forfeiture. 2,655
If the property seized was determined by the seizing law 2,657
enforcement officer to be contraband because of its relationship 2,658
to an underlying criminal offense or administrative violation, no 2,659
forfeiture hearing shall be held under this section unless the 2,660
person pleads guilty to or is convicted of the commission of, or 2,661
an attempt or conspiracy to commit, the offense or a different 2,662
offense arising out of the same facts and circumstances or unless 2,663
the person admits or is adjudicated to have committed the 2,664
administrative violation or a different violation arising out of 2,665
the same facts and circumstances; a forfeiture hearing shall be 2,666
held in a case of that nature no later than forty-five days after 2,667
the conviction or the admission or adjudication of the violation, 2,668
unless the time for the hearing is extended by the court for good 2,669
cause shown. The owner of any property seized because of its 2,670
relationship to an underlying criminal offense or administrative 2,671
violation may request the court to release the property to the 2,672
owner. Upon receipt of a request of that nature, if the court 2,673
determines that the property is not needed as evidence in the 2,674
underlying criminal case or administrative proceeding, the court 2,675
may permit the release of the property to the owner. As a 2,676
condition precedent to a release of that nature, the court may 2,677
require the owner to execute a bond with the court. Any bond so 2,678
required shall have sufficient sureties approved by the court, 2,679
shall be in a sum equal to the value of the property, as 2,680
determined by the court, and shall be conditioned upon the return 2,681
of the property to the court if the property is forfeited under 2,682
this section. Any property seized because of its relationship to 2,683
an underlying criminal offense or administrative violation shall 2,684
be returned to its owner if charges are not filed in relation to 2,685
that underlying offense or violation within thirty days after the 2,686
seizure, if charges of that nature are filed and subsequently are 2,687
dismissed, or if charges of that nature are filed and the person 2,688
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 2,689
violation.
If the property seized was determined by the seizing law 2,691
enforcement officer to be contraband other than because of a 2,692
relationship to an underlying criminal offense or administrative 2,693
violation, the forfeiture hearing under this section shall be 2,694
held no later than forty-five days after the seizure, unless the 2,695
time for the hearing is extended by the court for good cause 2,696
shown. 2,697
Where possible, a court holding a forfeiture hearing under 2,699
this section shall follow the Rules of Civil Procedure. When a 2,700
hearing is conducted under this section, property shall be 2,701
forfeited upon a showing, by a preponderance of the evidence, by 2,702
the petitioner that the person from which the property was seized 2,703
was in violation of division (A) of section 2933.42 of the 2,704
Revised Code. If that showing is made, the court shall issue an 2,705
order of forfeiture. If an order of forfeiture is issued in 2,706
relation to contraband that was released to the owner or the 2,707
owner's agent pursuant to this division or division (B)(1) of 2,708
this section, the order shall require the owner to deliver the 2,709
property, by a specified date, to the law enforcement agency that 2,710
employed the law enforcement officer who made the seizure of the 2,711
property, and the court shall deliver a copy of the order to the 2,712
owner or send a copy of it by certified mail, return receipt 2,713
requested, to the owner at the address to which notice of the 2,714
seizure was given under division (A)(2) of this section. Except 2,715
as otherwise provided in this division, all rights, interest, and 2,716
title to the forfeited contraband vests in the state, effective 2,717
from the date of seizure. 2,718
No property shall be forfeited pursuant to this division if 2,720
the owner of the property establishes, by a preponderance of the 2,721
evidence, that the owner neither knew, nor should have known 2,722
after a reasonable inquiry, that the property was used, or was 2,723
likely to be used, in a crime or administrative violation. No 2,724
68
bona fide security interest shall be forfeited pursuant to this 2,725
division if the holder of the interest establishes, by a 2,726
preponderance of the evidence, that the holder of the interest 2,727
neither knew, nor should have known after a reasonable inquiry, 2,729
that the property was used, or likely to be used, in a crime or 2,730
administrative violation, that the holder of the interest did not 2,731
expressly or impliedly consent to the use of the property in a 2,732
crime or administrative violation, and that the security interest 2,733
was perfected pursuant to law prior to the seizure. If the 2,734
holder of the interest satisfies the court that these 2,735
requirements are met, the interest shall be preserved by the 2,736
court. In a case of that nature, the court shall either order 2,737
that the agency to which the property is forfeited reimburse the 2,738
holder of the interest to the extent of the preserved interest or 2,739
order that the holder be paid for the interest from the proceeds 2,740
of any sale pursuant to division (D) of this section. 2,741
(D)(1) Contraband ordered forfeited pursuant to this 2,743
section shall be disposed of pursuant to divisions (D)(1) to (7) 2,744
of section 2933.41 of the Revised Code or, if the contraband is 2,745
not described in those divisions, may be used, with the approval 2,746
of the court, by the law enforcement agency that has custody of 2,747
the contraband pursuant to division (D)(8) of that section. In 2,748
the case of contraband not described in any of those divisions 2,749
and of contraband not disposed of pursuant to any of those 2,750
divisions, the contraband shall be sold in accordance with this 2,751
division or, in the case of forfeited moneys, disposed of in 2,752
accordance with this division. If the contraband is to be sold, 2,753
the prosecuting attorney shall cause a notice of the proposed 2,754
sale of the contraband to be given in accordance with law, and 2,755
the property shall be sold, without appraisal, at a public 2,756
auction to the highest bidder for cash. The proceeds of a sale 2,757
and forfeited moneys shall be applied in the following order: 2,758
(a) First, to the payment of the costs incurred in 2,760
connection with the seizure of, storage of, maintenance of, and 2,761
69
provision of security for the contraband, the forfeiture 2,762
proceeding, and, if any, the sale; 2,763
(b) Second, the remaining proceeds or forfeited moneys 2,765
after compliance with division (D)(1)(a) of this section, to the 2,766
payment of the balance due on any security interest preserved 2,767
pursuant to division (C) of this section; 2,768
(c) Third, the remaining proceeds or forfeited moneys 2,770
after compliance with divisions (D)(1)(a) and (b) of this 2,771
section, as follows: 2,772
(i) If the forfeiture was ordered in a juvenile court, ten 2,774
per cent to one or more alcohol and drug addiction treatment 2,775
programs that are certified by the department of alcohol and drug 2,776
addiction services under section 3793.06 of the Revised Code and 2,777
that are specified in the order of forfeiture. A juvenile court 2,779
shall not certify an alcohol or drug addiction treatment program 2,780
in the order of forfeiture unless the program is a certified
alcohol and drug addiction treatment program and, except as 2,781
provided in division (D)(1)(c)(i) of this section, unless the 2,782
program is located in the county in which the court that orders 2,783
the forfeiture is located or in a contiguous county. If no 2,784
certified alcohol and drug addiction treatment program is located 2,785
in any of those counties, the juvenile court may specify in the 2,786
order a certified alcohol and drug addiction treatment program
located anywhere within this state. 2,787
(ii) If the forfeiture was ordered in a juvenile court, 2,789
ninety per cent, and if the forfeiture was ordered in a court 2,790
other than a juvenile court, one hundred per cent to the law 2,791
enforcement trust fund of the prosecuting attorney and to the law 2,793
enforcement trust fund of the county sheriff if the county 2,794
sheriff made the seizure, to the law enforcement trust fund of a 2,795
municipal corporation if its police department made the seizure, 2,796
to the law enforcement trust fund of a township if the seizure 2,797
was made by a township police department, township police 2,798
district police force, or office of a township constable, to the 2,799
70
law enforcement trust fund of a park district created pursuant to 2,800
section 511.18 or 1545.01 of the Revised Code if the seizure was 2,801
made by the park district police force or law enforcement 2,802
department, to the state highway patrol contraband, forfeiture, 2,803
and other fund if the state highway patrol made the seizure, to 2,804
the liquor enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE 2,805
UNIT contraband, forfeiture, and other fund if the liquor 2,806
enforcement INVESTIGATIVE unit of the department of public safety 2,808
made the seizure, to the food stamp contraband, forfeiture, and 2,809
other fund if the food stamp trafficking unit of the department 2,812
of public safety made the seizure, to the board of pharmacy drug 2,814
law enforcement fund created by division (B)(1) of section 2,815
4729.65 of the Revised Code if the board made the seizure, or to 2,816
the treasurer of state for deposit into the peace officer 2,817
training commission fund if a state law enforcement agency, other 2,819
than the state highway patrol, the INVESTIGATIVE UNIT OF THE 2,820
department of public safety, or the state board of pharmacy, made 2,822
the seizure. The prosecuting attorney may decline to accept any 2,823
of the remaining proceeds or forfeited moneys, and, if the
prosecuting attorney so declines, the remaining proceeds or 2,825
forfeited moneys shall be applied to the fund described in this 2,826
division that relates to the law enforcement agency that made the 2,827
seizure.
A law enforcement trust fund shall be established by the 2,829
prosecuting attorney of each county who intends to receive any 2,830
remaining proceeds or forfeited moneys pursuant to this division, 2,831
by the sheriff of each county, by the legislative authority of 2,832
each municipal corporation, by the board of township trustees of 2,833
each township that has a township police department, township 2,834
police district police force, or office of the constable, and by 2,835
the board of park commissioners of each park district created 2,836
pursuant to section 511.18 or 1545.01 of the Revised Code that 2,837
has a park district police force or law enforcement department, 2,838
for the purposes of this division. There is hereby created in 2,839
71
the state treasury the state highway patrol contraband, 2,840
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF 2,841
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 2,842
other fund, the food stamp contraband, forfeiture, and other 2,843
fund, and the peace officer training commission fund, for the 2,845
purposes described in this division. 2,847
Proceeds or forfeited moneys distributed to any municipal 2,849
corporation, township, or park district law enforcement trust 2,850
fund shall be allocated from the fund by the legislative 2,851
authority only to the police department of the municipal 2,852
corporation, by the board of township trustees only to the 2,853
township police department, township police district police 2,854
force, or office of the constable, and by the board of park 2,855
commissioners only to the park district police force or law 2,856
enforcement department. 2,857
Additionally, no proceeds or forfeited moneys shall be 2,859
allocated to or used by the state highway patrol, the food stamp 2,860
trafficking unit or liquor enforcement unit of the department of 2,863
public safety, the state board of pharmacy, or a county sheriff, 2,864
prosecuting attorney, municipal corporation police department, 2,865
township police department, township police district police 2,866
force, office of the constable, or park district police force or 2,867
law enforcement department unless the state highway patrol, 2,868
department of public safety, state board of pharmacy, sheriff, 2,869
prosecuting attorney, municipal corporation police department, 2,870
township police department, township police district police 2,871
force, office of the constable, or park district police force or 2,872
law enforcement department has adopted a written internal control 2,873
policy under division (D)(3) of this section that addresses the 2,874
use of moneys received from the state highway patrol contraband, 2,875
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF 2,876
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 2,877
other fund, the food stamp contraband, forfeiture, and other 2,879
fund, the board of pharmacy drug law enforcement fund, or the 2,880
72
appropriate law enforcement trust fund. The state highway patrol 2,881
contraband, forfeiture, and other fund, the liquor enforcement 2,882
DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, 2,883
forfeiture, and other fund, the food stamp contraband, 2,884
forfeiture, and other fund, and a law enforcement trust fund 2,885
shall be expended only in accordance with the written internal 2,886
control policy so adopted by the recipient, and, subject to the 2,887
requirements specified in division (D)(3)(a)(ii) of this section, 2,888
only to pay the costs of protracted or complex investigations or 2,889
prosecutions, to provide reasonable technical training or 2,890
expertise, to provide matching funds to obtain federal grants to 2,891
aid law enforcement, in the support of DARE programs or other 2,892
programs designed to educate adults or children with respect to 2,893
the dangers associated with the use of drugs of abuse, or for 2,894
other law enforcement purposes that the superintendent of the 2,895
state highway patrol, department of public safety, prosecuting 2,896
attorney, county sheriff, legislative authority, board of 2,897
township trustees, or board of park commissioners determines to 2,898
be appropriate. The board of pharmacy drug law enforcement fund 2,899
shall be expended only in accordance with the written internal 2,900
control policy so adopted by the board and only in accordance 2,901
with section 4729.65 of the Revised Code. The state highway 2,902
patrol contraband, forfeiture, and other fund, the liquor 2,903
enforcement DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT 2,904
contraband, seizure FORFEITURE, and other fund, the food stamp 2,906
contraband, forfeiture, and other fund, the board of pharmacy 2,908
drug law enforcement fund, and a law enforcement trust fund shall 2,909
not be used to meet the operating costs of the state highway 2,910
patrol, of the food stamp trafficking unit or liquor enforcement 2,911
INVESTIGATIVE unit of the department of public safety, of the 2,913
state board of pharmacy, of any political subdivision, or of any 2,914
office of a prosecuting attorney or county sheriff that are 2,915
unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state 2,917
73
treasury to be deposited into the peace officer training 2,918
commission fund shall be used by the commission only to pay the 2,920
costs of peace officer training. 2,921
Any sheriff or prosecuting attorney who receives proceeds 2,923
or forfeited moneys pursuant to this division during any calendar 2,924
year shall file a report with the county auditor, no later than 2,925
the thirty-first day of January of the next calendar year, 2,926
verifying that the proceeds and forfeited moneys were expended 2,927
only for the purposes authorized by this division and division 2,928
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,929
for each authorized purpose. Any municipal corporation police 2,930
department that is allocated proceeds or forfeited moneys from a 2,931
municipal corporation law enforcement trust fund pursuant to this 2,932
division during any calendar year shall file a report with the 2,933
legislative authority of the municipal corporation, no later than 2,934
the thirty-first day of January of the next calendar year, 2,935
verifying that the proceeds and forfeited moneys were expended 2,936
only for the purposes authorized by this division and division 2,937
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,938
for each authorized purpose. Any township police department, 2,939
township police district police force, or office of the constable 2,940
that is allocated proceeds or forfeited moneys from a township 2,941
law enforcement trust fund pursuant to this division during any 2,942
calendar year shall file a report with the board of township 2,943
trustees of the township, no later than the thirty-first day of 2,944
January of the next calendar year, verifying that the proceeds 2,945
and forfeited moneys were expended only for the purposes 2,946
authorized by this division and division (D)(3)(a)(ii) of this 2,947
section and specifying the amounts expended for each authorized 2,948
purpose. Any park district police force or law enforcement 2,949
department that is allocated proceeds or forfeited moneys from a 2,950
park district law enforcement trust fund pursuant to this 2,951
division during any calendar year shall file a report with the 2,952
board of park commissioners of the park district, no later than 2,953
74
the thirty-first day of January of the next calendar year, 2,954
verifying that the proceeds and forfeited moneys were expended 2,955
only for the purposes authorized by this division and division 2,956
(D)(3)(a)(ii) of this section and specifying the amounts expended 2,957
for each authorized purpose. The superintendent of the state 2,958
highway patrol shall file a report with the attorney general, no 2,959
later than the thirty-first day of January of each calendar year, 2,960
verifying that proceeds and forfeited moneys paid into the state 2,961
highway patrol contraband, forfeiture, and other fund pursuant to 2,962
this division during the prior calendar year were used by the 2,963
state highway patrol during the prior calendar year only for the 2,964
purposes authorized by this division and specifying the amounts 2,965
expended for each authorized purpose. The executive director of 2,966
the state board of pharmacy shall file a report with the attorney 2,967
general, no later than the thirty-first day of January of each 2,968
calendar year, verifying that proceeds and forfeited moneys paid 2,969
into the board of pharmacy drug law enforcement fund during the 2,970
prior calendar year were used only in accordance with section 2,971
4729.65 of the Revised Code and specifying the amounts expended 2,972
for each authorized purpose. The peace officer training 2,973
commission shall file a report with the attorney general, no 2,974
later than the thirty-first day of January of each calendar year, 2,976
verifying that proceeds and forfeited moneys paid into the peace 2,977
officer training commission fund pursuant to this division during 2,979
the prior calendar year were used by the commission during the 2,980
prior calendar year only to pay the costs of peace officer 2,982
training and specifying the amount used for that purpose. 2,983
(2) If more than one law enforcement agency is 2,985
substantially involved in the seizure of contraband that is 2,986
forfeited pursuant to this section, the court ordering the 2,987
forfeiture shall equitably divide the proceeds or forfeited 2,988
moneys, after calculating any distribution to the law enforcement 2,989
trust fund of the prosecuting attorney pursuant to division 2,990
(D)(1)(c) of this section, among any county sheriff whose office 2,991
75
is determined by the court to be substantially involved in the 2,992
seizure, any legislative authority of a municipal corporation 2,993
whose police department is determined by the court to be 2,994
substantially involved in the seizure, any board of township 2,995
trustees whose law enforcement agency is determined by the court 2,996
to be substantially involved in the seizure, any board of park 2,997
commissioners of a park district whose police force or law 2,998
enforcement department is determined by the court to be 2,999
substantially involved in the seizure, the state board of 3,000
pharmacy if it is determined by the court to be substantially 3,001
involved in the seizure, the food stamp trafficking unit or 3,002
liquor enforcement INVESTIGATIVE unit of the department of public 3,003
safety if it is determined by the court to be substantially 3,005
involved in the seizure, and the state highway patrol if it is 3,006
determined by the court to be substantially involved in the 3,007
seizure. The proceeds or forfeited moneys shall be deposited in 3,008
the respective law enforcement trust funds of the county sheriff, 3,009
municipal corporation, township, and park district, the board of 3,010
pharmacy drug law enforcement fund, the liquor enforcement 3,012
DEPARTMENT OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, 3,013
forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, or the state highway patrol 3,015
contraband, forfeiture, and other fund, in accordance with 3,016
division (D)(1)(c) of this section. If a state law enforcement 3,017
agency, other than the state highway patrol, the food stamp 3,018
trafficking unit or liquor enforcement INVESTIGATIVE unit of the 3,019
department of public safety, or the state board of pharmacy, is 3,020
determined by the court to be substantially involved in the 3,021
seizure, the state agency's equitable share of the proceeds and 3,022
forfeited moneys shall be paid to the treasurer of state for 3,023
deposit into the peace officer training commission fund. 3,024
(3)(a)(i) Prior to being allocated or using any proceeds 3,026
or forfeited moneys out of the state highway patrol contraband, 3,027
forfeiture, and other fund, the liquor enforcement DEPARTMENT OF 3,028
76
PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 3,029
other fund, the food stamp contraband, seizure, and other fund, 3,030
the board of pharmacy drug law enforcement fund, or a law 3,033
enforcement trust fund under division (D)(1)(c) of this section, 3,034
the state highway patrol, the department of public safety, the
state board of pharmacy, and a county sheriff, prosecuting 3,036
attorney, municipal corporation police department, township 3,037
police department, township police district police force, office 3,038
of the constable, or park district police force or law 3,039
enforcement department shall adopt a written internal control
policy that addresses the state highway patrol's, department of 3,040
public safety's, state board of pharmacy's, sheriff's, 3,041
prosecuting attorney's, police department's, police force's, 3,042
office of the constable's, or law enforcement department's use 3,043
and disposition of all the proceeds and forfeited moneys received 3,044
and that provides for the keeping of detailed financial records 3,045
of the receipts of the proceeds and forfeited moneys, the general 3,046
types of expenditures made out of the proceeds and forfeited 3,047
moneys, the specific amount of each general type of expenditure, 3,048
and the amounts, portions, and programs described in division 3,049
(D)(3)(a)(ii) of this section. The policy shall not provide for 3,050
or permit the identification of any specific expenditure that is 3,051
made in an ongoing investigation. 3,052
All financial records of the receipts of the proceeds and 3,054
forfeited moneys, the general types of expenditures made out of 3,055
the proceeds and forfeited moneys, the specific amount of each 3,056
general type of expenditure by the state highway patrol, by the 3,057
department of public safety, by the state board of pharmacy, and 3,058
by a sheriff, prosecuting attorney, municipal corporation police 3,059
department, township police department, township police district 3,060
police force, office of the constable, or park district police 3,061
force or law enforcement department, and the amounts, portions, 3,062
and programs described in division (D)(3)(a)(ii) of this section 3,063
are public records open for inspection under section 149.43 of 3,064
77
the Revised Code. Additionally, a written internal control 3,065
policy adopted under this division is a public record of that 3,066
nature, and the state highway patrol, the department of public 3,067
safety, the state board of pharmacy, or the sheriff, prosecuting 3,068
attorney, municipal corporation police department, township 3,069
police department, township police district police force, office 3,070
of the constable, or park district police force or law 3,071
enforcement department that adopted it shall comply with it. 3,072
(ii) The written internal control policy of a county 3,074
sheriff, prosecuting attorney, municipal corporation police 3,075
department, township police department, township police district 3,076
police force, office of the constable, or park district police 3,077
force or law enforcement department shall provide that at least 3,078
ten per cent of the first one hundred thousand dollars of 3,079
proceeds and forfeited moneys deposited during each calendar year 3,080
in the sheriff's, prosecuting attorney's, municipal 3,081
corporation's, township's, or park district's law enforcement 3,082
trust fund pursuant to division (B)(7)(c)(ii) of section 2923.46 3,083
or division (B)(8)(c)(ii) of section 2925.44 of the Revised Code, 3,085
and at least twenty per cent of the proceeds and forfeited moneys 3,086
exceeding one hundred thousand dollars that are so deposited, 3,087
shall be used in connection with community preventive education 3,088
programs. The manner in which the described percentages are so 3,089
used shall be determined by the sheriff, prosecuting attorney, 3,090
department, police force, or office of the constable after the 3,091
receipt and consideration of advice on appropriate community 3,092
preventive education programs from the county's board of alcohol, 3,093
drug addiction, and mental health services, from the county's 3,094
alcohol and drug addiction services board, or through appropriate 3,095
community dialogue. The financial records described in division 3,096
(D)(3)(a)(i) of this section shall specify the amount of the 3,097
proceeds and forfeited moneys deposited during each calendar year 3,098
in the sheriff's, prosecuting attorney's, municipal 3,099
corporation's, township's, or park district's law enforcement 3,100
78
trust fund pursuant to division (B)(7)(c)(ii) of section 2923.46 3,101
or division (B)(8)(c)(ii) of section 2925.44 of the Revised Code, 3,103
the portion of that amount that was used pursuant to the 3,104
requirements of this division, and the community preventive 3,105
education programs in connection with which the portion of that 3,106
amount was so used.
As used in this division, "community preventive education 3,108
programs" includes, but is not limited to, DARE programs and 3,109
other programs designed to educate adults or children with 3,110
respect to the dangers associated with the use of drugs of abuse. 3,111
(b) Each sheriff, prosecuting attorney, municipal 3,113
corporation police department, township police department, 3,114
township police district police force, office of the constable, 3,115
or park district police force or law enforcement department that 3,116
receives in any calendar year any proceeds or forfeited moneys 3,117
out of a law enforcement trust fund under division (D)(1)(c) of 3,118
this section or uses any proceeds or forfeited moneys in its law 3,119
enforcement trust fund in any calendar year shall prepare a 3,120
report covering the calendar year that cumulates all of the 3,121
information contained in all of the public financial records kept 3,122
by the sheriff, prosecuting attorney, municipal corporation 3,123
police department, township police department, township police 3,124
district police force, office of the constable, or park district 3,125
police force or law enforcement department pursuant to division 3,126
(D)(3)(a) of this section for that calendar year, and shall send 3,127
a copy of the cumulative report, no later than the first day of 3,128
March in the calendar year following the calendar year covered by 3,129
the report, to the attorney general. 3,130
The superintendent of the state highway patrol shall 3,132
prepare a report covering each calendar year in which the state 3,133
highway patrol uses any proceeds or forfeited moneys in the state 3,134
highway patrol contraband, forfeiture, and other fund under 3,135
division (D)(1)(c) of this section, that cumulates all of the 3,136
information contained in all of the public financial records kept 3,137
79
by the state highway patrol pursuant to division (D)(3)(a) of 3,138
this section for that calendar year, and shall send a copy of the 3,139
cumulative report, no later than the first day of March in the 3,140
calendar year following the calendar year covered by the report, 3,141
to the attorney general. 3,142
The department of public safety shall prepare a report 3,144
covering each fiscal year in which the department uses any 3,145
proceeds or forfeited moneys in the liquor enforcement 3,146
contraband, seizure, and other fund and the food stamp DEPARTMENT 3,147
OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 3,148
other fund under division (D)(1)(c) of this section that 3,149
cumulates all of the information contained in all of the public 3,150
financial records kept by the department pursuant to division 3,151
(D)(3)(a) of this section for that fiscal year. The department 3,152
shall send a copy of the cumulative report to the attorney 3,153
general no later than the first day of August in the fiscal year 3,154
following the fiscal year covered by the report. The director of 3,155
public safety shall include in the report a verification that 3,156
proceeds and forfeited moneys paid into the liquor enforcement 3,157
contraband, seizure, and other fund and the food stamp DEPARTMENT 3,158
OF PUBLIC SAFETY INVESTIGATIVE UNIT contraband, forfeiture, and 3,160
other fund under division (D)(1)(c) of this section during the
preceding fiscal year were used by the department during that 3,162
fiscal year only for the purposes authorized by that division and 3,163
shall specify the amount used for each authorized purpose. 3,164
The executive director of the state board of pharmacy shall 3,166
prepare a report covering each calendar year in which the board 3,167
uses any proceeds or forfeited moneys in the board of pharmacy 3,168
drug law enforcement fund under division (D)(1)(c) of this 3,169
section, that cumulates all of the information contained in all 3,170
of the public financial records kept by the board pursuant to 3,171
division (D)(3)(a) of this section for that calendar year, and 3,172
shall send a copy of the cumulative report, no later than the 3,173
first day of March in the calendar year following the calendar 3,174
80
year covered by the report, to the attorney general. Each report 3,175
received by the attorney general is a public record open for 3,176
inspection under section 149.43 of the Revised Code. Not later 3,177
than the fifteenth day of April in the calendar year in which the 3,179
reports are received, the attorney general shall send to the 3,180
president of the senate and the speaker of the house of 3,181
representatives a written notification that does all of the 3,182
following: 3,183
(i) Indicates that the attorney general has received from 3,185
entities or persons specified in this division reports of the 3,187
type described in this division that cover the previous calendar 3,188
year and indicates that the reports were received under this
division; 3,189
(ii) Indicates that the reports are open for inspection 3,192
under section 149.43 of the Revised Code; 3,193
(iii) Indicates that the attorney general will provide a 3,196
copy of any or all of the reports to the president of the senate 3,197
or the speaker of the house of representatives upon request. 3,198
(4)(a) A law enforcement agency that receives pursuant to 3,200
federal law proceeds from a sale of forfeited contraband, 3,201
proceeds from another disposition of forfeited contraband, or 3,202
forfeited contraband moneys shall deposit, use, and account for 3,203
the proceeds or forfeited moneys in accordance with, and 3,204
otherwise comply with, the applicable federal law. 3,205
(b) If the state highway patrol receives pursuant to 3,207
federal law proceeds from a sale of forfeited contraband, 3,208
proceeds from another disposition of forfeited contraband, or 3,209
forfeited contraband moneys, the appropriate governmental 3,210
officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived 3,211
from the investment of the proceeds or forfeited moneys. The 3,212
state highway patrol shall use and account for that interest or 3,213
other earnings in accordance with the applicable federal law. 3,214
(c) If the liquor enforcement INVESTIGATIVE unit of the 3,216
81
department of public safety receives pursuant to federal law 3,217
proceeds from a sale of forfeited contraband, proceeds from 3,219
another disposition of forfeited contraband, or forfeited 3,220
contraband moneys, the appropriate governmental officials shall 3,221
deposit into the liquor enforcement DEPARTMENT OF PUBLIC SAFETY 3,222
INVESTIGATIVE UNIT contraband, forfeiture, and other fund all 3,223
interest or other earnings derived from the investment of the 3,224
proceeds or forfeited moneys. The department shall use and 3,225
account for that interest or other earnings in accordance with 3,226
the applicable federal law. 3,227
(d) If the food stamp fraud unit of the department of 3,230
public safety receives pursuant to federal law proceeds from a 3,231
sale of forfeited contraband, proceeds from another disposition 3,232
of forfeited contraband, or forfeited contraband moneys, the 3,233
appropriate governmental officials shall deposit into the food 3,234
stamp contraband, forfeiture, and other fund all interest or 3,235
other earnings derived from the investment of the proceeds or 3,236
forfeited moneys. The department shall use and account for that 3,237
interest or other earnings in accordance with the applicable 3,238
federal law.
(e) Divisions (D)(1) to (3) of this section do not apply 3,240
to proceeds or forfeited moneys received pursuant to federal law 3,242
or to the interest or other earnings that are derived from the 3,243
investment of proceeds or forfeited moneys received pursuant to 3,244
federal law and that are described in division (D)(4)(b) of this 3,245
section.
(E) Upon the sale pursuant to this section of any property 3,247
that is required to be titled or registered under law, the state 3,248
shall issue an appropriate certificate of title or registration 3,249
to the purchaser. If the state is vested with title pursuant to 3,250
division (C) of this section and elects to retain property that 3,251
is required to be titled or registered under law, the state shall 3,252
issue an appropriate certificate of title or registration. 3,253
(F) Notwithstanding any provisions of this section to the 3,255
82
contrary, any property that is lawfully seized in relation to a 3,256
violation of section 2923.32 of the Revised Code shall be subject 3,257
to forfeiture and disposition in accordance with sections 2923.32 3,258
to 2923.36 of the Revised Code; any property that is forfeited 3,259
pursuant to section 2923.44 or 2923.45 of the Revised Code in 3,260
relation to a violation of section 2923.42 of the Revised Code or 3,261
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 3,262
and disposition in accordance with sections 2923.44 to 2923.47 of 3,263
the Revised Code; and any property that is forfeited pursuant to 3,265
section 2925.42 or 2925.43 of the Revised Code in relation to a 3,266
felony drug abuse offense, as defined in section 2925.01 of the 3,267
Revised Code, or in relation to an act that, if committed by an 3,268
adult, would be a felony drug abuse offense of that nature, may 3,269
be subject to forfeiture and disposition in accordance with 3,270
sections 2925.41 to 2925.45 of the Revised Code or this section. 3,271
(G) Any failure of a law enforcement officer or agency, a 3,273
prosecuting attorney, village solicitor, city director of law, or 3,274
similar chief legal officer, a court, or the attorney general to 3,275
comply with any duty imposed by this section in relation to any 3,276
property seized or with any other provision of this section in 3,277
relation to any property seized does not affect the validity of 3,278
the seizure of the property, provided the seizure itself was made 3,279
in accordance with law, and is not and shall not be considered to 3,280
be the basis for the suppression of any evidence resulting from 3,281
the seizure of the property, provided the seizure itself was made 3,282
in accordance with law. 3,283
(H) Contraband that has been forfeited pursuant to 3,285
division (C) of this section shall not be available for use to 3,286
pay any fine imposed upon a person who is convicted of or pleads 3,287
guilty to an underlying criminal offense or a different offense 3,288
arising out of the same facts and circumstances. 3,289
Sec. 2935.01. As used in this chapter: 3,298
(A) "Magistrate" has the same meaning as in section 3,300
83
2931.01 of the Revised Code. 3,301
(B) "Peace officer" includes, except as provided in 3,303
section 2935.081 of the Revised Code, a sheriff; deputy sheriff; 3,305
marshal; deputy marshal; member of the organized police 3,307
department of any municipal corporation, including a member of 3,308
the organized police department of a municipal corporation in an 3,309
adjoining state serving in Ohio under a contract pursuant to 3,310
section 737.04 of the Revised Code; member of a police force 3,311
employed by a metropolitan housing authority under division (D) 3,312
of section 3735.31 of the Revised Code; member of a police force 3,314
employed by a regional transit authority under division (Y) of 3,315
section 306.05 of the Revised Code; state university law 3,316
enforcement officer appointed under section 3345.04 of the 3,317
Revised Code; liquor control investigator or food stamp 3,318
trafficking ENFORCEMENT agent of the department of public safety 3,320
DESIGNATED UNDER SECTION 5502.14 OF THE REVISED CODE; employee of
the department of natural resources who is a natural resources 3,321
law enforcement staff officer designated pursuant to section 3,322
1501.013 of the Revised Code, a forest officer designated 3,323
pursuant to section 1503.29 of the Revised Code, a preserve 3,324
officer designated pursuant to section 1517.10 of the Revised 3,325
Code, a wildlife officer designated pursuant to section 1531.13 3,326
of the Revised Code, a park officer designated pursuant to
section 1541.10 of the Revised Code, or a state watercraft 3,328
officer designated pursuant to section 1547.521 of the Revised 3,329
Code; individual designated to perform law enforcement duties 3,330
under section 511.232, 1545.13, or 6101.75 of the Revised Code; 3,331
Ohio veterans' home police officer appointed under section 3,333
5907.02 of the Revised Code; police constable of any township; 3,334
and police officer of a township or joint township police 3,335
district; and, for the purpose of arrests within those areas, and 3,337
for the purposes of Chapter 5503. of the Revised Code, and the 3,338
filing of and service of process relating to those offenses 3,339
witnessed or investigated by them, includes the superintendent 3,340
84
and troopers of the state highway patrol. 3,341
(C) "Prosecutor" includes the county prosecuting attorney 3,343
and any assistant prosecutor designated to assist the county 3,344
prosecuting attorney, and, in the case of courts inferior to 3,346
courts of common pleas, includes the village solicitor, city 3,347
director of law, or similar chief legal officer of a municipal 3,348
corporation, any such officer's assistants, or any attorney 3,349
designated by the prosecuting attorney of the county to appear 3,351
for the prosecution of a given case.
(D) "Offense," except where the context specifically 3,353
indicates otherwise, includes felonies, misdemeanors, and 3,354
violations of ordinances of municipal corporations and other 3,355
public bodies authorized by law to adopt penal regulations. 3,356
Sec. 4301.021. The director or, beginning on July 1, 1997, 3,365
the superintendent of liquor control shall exercise all powers 3,366
and perform all duties created and enjoined by Chapters 4301. and 3,367
4303. of the Revised Code, except for the powers and duties 3,368
vested in and enjoined upon the liquor control commission by 3,369
section 4301.022 of the Revised Code and all chapters and 3,370
sections of the Revised Code referred to in that section, and 3,371
except for the powers and duties vested in the department of 3,372
public safety under sections 5502.61 and 5502.62 5502.13 TO 3,374
5502.19 of the Revised Code and all provisions of the Revised 3,375
Code referred to in those sections THAT RELATE TO LIQUOR CONTROL
ENFORCEMENT. 3,376
Sec. 4301.10. (A) The department or, beginning on July 1, 3,385
1997, the division of liquor control shall DO ALL OF THE 3,386
FOLLOWING:
(1) Control the traffic in beer and intoxicating liquor in 3,388
this state, including the manufacture, importation, and sale of 3,390
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 3,392
distribution, transportation, and sale of beer and intoxicating 3,393
liquor and the sale of alcohol, as authorized or required by this 3,394
85
chapter and Chapter 4303. of the Revised Code; and a certificate 3,395
signed by the director or, beginning on July 1, 1997, the 3,396
superintendent of liquor control to which is affixed the official 3,398
seal of the department or division stating that it appears from 3,399
the records of the department or division that no permit has been
issued to the person specified in the certificate, or that a 3,400
permit, if issued, has been revoked, canceled, or suspended shall 3,402
be received as prima-facie evidence of the facts recited in the 3,403
certificate in any court, or before any officer of this state; 3,405
(3) Put into operation, manage, and control a system of 3,407
state liquor stores for the sale of spirituous liquor at retail 3,408
and to holders of permits authorizing the sale of spirituous 3,409
liquor; however, the department or division shall not establish 3,410
any drive-in state liquor stores; and by means of those types of 3,412
stores, and any manufacturing plants, distributing and bottling 3,413
plants, warehouses, and other facilities that it considers 3,414
expedient, establish and maintain a state monopoly of the 3,415
distribution of spirituous liquor and its sale in packages or 3,416
containers; and for that purpose manufacture, buy, import, 3,417
possess, and sell spirituous liquors as provided in this chapter 3,418
and Chapter 4303. of the Revised Code, and in the rules 3,419
promulgated by the director or superintendent of liquor control 3,420
pursuant to those chapters; lease, or in any manner acquire the 3,422
use of any land or building required for any of those purposes; 3,423
purchase any equipment that is required; and borrow money to 3,424
carry on its business, and issue, sign, endorse, and accept 3,425
notes, checks, and bills of exchange; but all obligations of the 3,426
department or division created under authority of this division
shall be a charge only upon the moneys received by the department 3,428
or division from the sale of spirituous liquor and its other 3,430
business transactions in connection with the sale of spirituous 3,431
liquor, and shall not be general obligations of the state; 3,433
(4) Enforce the administrative provisions of this chapter 3,435
and Chapter 4303. of the Revised Code, and the rules and orders 3,437
86
of the liquor control commission and the director or 3,438
superintendent relating to the manufacture, importation, 3,439
transportation, distribution, and sale of beer and intoxicating 3,440
liquors; and the attorney general, any prosecuting attorney, and 3,441
any prosecuting officer of a municipal corporation or a municipal 3,442
court shall, at the request of the department or division of 3,443
liquor control or the department of public safety, prosecute any 3,444
person charged with the violation of any provision in those 3,445
chapters or of any section of the Revised Code relating to the 3,446
manufacture, importation, transportation, distribution, and sale 3,447
of beer and intoxicating liquor; 3,448
(5) Determine the locations of all state liquor stores and 3,450
manufacturing, distributing, and bottling plants required in 3,451
connection therewith, subject to this chapter and Chapter 4303. 3,452
of the Revised Code; 3,453
(6) Conduct inspections of liquor permit premises to 3,455
determine compliance with the administrative provisions of this 3,457
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 3,458
Except as otherwise provided in division (A)(6) of this 3,460
section, those inspections may be conducted only during those 3,461
hours in which the permit holder is open for business and only by 3,462
authorized agents or employees of the department or division or 3,463
by any peace officer, as this term is defined in section 2935.01 3,464
of the Revised Code. Inspections may be conducted at other hours 3,465
only to determine compliance with laws or commission rules that 3,466
regulate the hours of sale of beer and intoxicating liquor and 3,467
only if the investigator has reasonable cause to believe that 3,468
those laws or rules are being violated. Any inspection conducted 3,469
pursuant to division (A)(6) of this section is subject to all of 3,470
the following requirements: 3,471
(a) The only property that may be confiscated is 3,473
contraband, as defined in section 2901.01 of the Revised Code, or 3,475
property that is otherwise necessary for evidentiary purposes. 3,476
87
(b) A complete inventory of all property confiscated from 3,478
the premises shall be given to the permit holder or the permit 3,479
holder's agent or employee by the confiscating agent or officer 3,481
at the conclusion of the inspection. At that time, the inventory 3,482
shall be signed by the confiscating agent or officer and the 3,483
agent or officer shall give the permit holder or the permit 3,484
holder's agent or employee the opportunity to sign the inventory. 3,485
(c) Inspections conducted pursuant to division (A)(6) of 3,487
this section shall be conducted in a reasonable manner. A 3,488
finding by any court of competent jurisdiction that the 3,489
inspection was not conducted in a reasonable manner in accordance 3,490
with this section or any rules promulgated by the commission may 3,491
be considered grounds for suppression of evidence. A finding by 3,492
the liquor control commission that the inspection was not 3,493
conducted in a reasonable manner in accordance with this section 3,494
or any rules promulgated by the commission may be considered 3,495
grounds for dismissal of the commission case. 3,496
If any court of competent jurisdiction finds that property 3,498
confiscated as the result of an administrative inspection is not 3,499
necessary for evidentiary purposes and is not contraband, as 3,500
defined in section 2901.01 of the Revised Code, the court shall 3,502
order the immediate return of the confiscated property, provided 3,503
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 3,504
property is not grounds for dismissal of the case. The 3,505
commission likewise may order the return of confiscated property 3,506
if no criminal prosecution is pending or anticipated. 3,507
(7) Delegate to any of its agents or employees any power 3,509
of investigation that the department or division possesses with 3,510
respect to the enforcement of any of the administrative laws 3,511
relating to beer and to intoxicating liquor, provided that this 3,512
division does not authorize the department or division to 3,514
designate any agent or employee to serve as a liquor control 3,516
investigator AN ENFORCEMENT AGENT. The employment and
88
designation of liquor control investigators ENFORCEMENT AGENTS 3,518
shall be within the exclusive authority of the director of public 3,520
safety pursuant to sections 5502.13 and 5502.61 TO 5502.19 of the 3,521
Revised Code.
(8) Except as otherwise provided in division (A)(8) of 3,523
this section, collect the following fees: 3,524
(a) An annual twenty-five-dollar registration fee for each 3,526
representative, registered pursuant to section 4303.25 of the 3,527
Revised Code, of a beer or intoxicating liquor manufacturer doing 3,528
business in this state; 3,529
(b) A fifty-dollar product registration fee for each new 3,531
beer or intoxicating liquor product sold in this state. The 3,532
product registration fee shall be accompanied by a copy of the 3,533
federal label and product approval for the new product. 3,534
(c) An annual three-hundred-dollar out-of-state supplier 3,536
consent-to-import fee from each manufacturer or supplier not 3,537
subject to division (A)(8)(e) of this section, in addition to an 3,539
initial application fee of one hundred dollars; 3,540
(d) An annual twenty-five-dollar registration fee for coil 3,542
cleaners of beer dispensing equipment doing business in this 3,543
state. 3,544
(e) An annual one-hundred-dollar out-of-state 3,546
consent-to-import fee, in addition to an initial application fee 3,547
of one hundred dollars, from any manufacturer or out-of-state 3,548
supplier that produced or shipped into this state in the 3,549
immediately preceding calendar year a total of five hundred or 3,550
fewer cases of seven-hundred-fifty milliliter equivalent of 3,551
intoxicating liquor and twelve-ounce equivalent of beer. 3,552
Each consent-to-import, representative's registration, and 3,554
coil cleaner registration issued under division (A)(8) of this 3,556
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 3,557
the year, ending on the uniform expiration date for each, which 3,558
shall be designated by the department or division, and is subject 3,559
89
to suspension, revocation, cancellation, or fine as authorized by 3,560
this chapter and Chapter 4303. of the Revised Code. 3,561
(9) Establish a system of electronic data interchange 3,563
within the department or division and regulate the electronic 3,564
transfer of information and funds among persons and governmental 3,566
entities engaged in the manufacture, distribution, and retail 3,567
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 3,569
implication conferred upon the department or division by this 3,570
chapter and Chapter 4303. of the Revised Code, and all powers 3,571
necessary for the exercise or discharge of any power, duty, or 3,572
function expressly conferred or imposed upon the department or 3,573
division by those chapters. 3,574
(B) The department or division may DO ALL OF THE 3,576
FOLLOWING:
(1) Sue, but may be sued only in connection with the 3,578
execution of leases of real estate and the purchases and 3,579
contracts necessary for the operation of the state liquor stores 3,580
that are made under this chapter and Chapter 4303. of the Revised 3,581
Code; 3,582
(2) Enter into leases and contracts of all descriptions 3,584
and acquire and transfer title to personal property with regard 3,586
to the sale, distribution, and storage of spirituous liquor 3,587
within the state;
(3) Terminate at will any lease entered into pursuant to 3,589
division (B)(2) of this section upon first giving ninety days' 3,591
notice in writing to the lessor of its intention to do so; 3,592
(4) Fix the wholesale and retail prices at which the 3,594
various classes, varieties, and brands of spirituous liquor shall 3,595
be sold by the department DIVISION. Those retail prices shall be 3,597
the same at all state liquor stores, except to the extent that a 3,598
price differential is required to collect a county sales tax 3,599
levied pursuant to section 5739.021 of the Revised Code and for 3,600
which tax the tax commissioner has authorized prepayment pursuant 3,601
90
to section 5739.05 of the Revised Code. In fixing selling 3,602
prices, the department or division shall compute an anticipated 3,603
gross profit at least sufficient to provide in each calendar year 3,604
all costs and expenses of the department or division and also an 3,605
adequate working capital reserve for the department or division. 3,607
The gross profit shall not exceed forty per cent of the retail 3,608
selling price based on costs of the department or division, and 3,609
in addition the sum required by section 4301.12 of the Revised 3,610
Code to be paid into the state treasury. An amount equal to one 3,611
and one-half per cent of that gross profit shall be paid into the 3,612
alcoholism-detoxification centers fund created under section 3,613
4301.30 of the Revised Code and be appropriated by the general 3,614
assembly from the fund to the department of alcohol and drug 3,615
addiction services as provided in section 4301.30 of the Revised 3,616
Code. 3,617
On spirituous liquor manufactured in Ohio from the juice of 3,619
grapes or fruits grown in Ohio, the department or division shall 3,620
compute an anticipated gross profit of not to exceed ten per 3,621
cent. The wholesale prices shall be at a discount of not less 3,622
than twelve and one-half per cent of the retail selling prices as 3,623
determined by the department or division in accordance with this 3,624
section.
(C) The department or division may approve the expansion 3,626
or diminution of a premises to which a liquor permit has been 3,627
issued and may adopt standards governing such an expansion or 3,629
diminution.
Sec. 4301.21. The sale of beer or intoxicating liquor for 3,638
consumption on the premises is subject to the following 3,639
restrictions, in addition to those imposed by the rules and 3,640
orders of the department or, beginning on July 1, 1997, the 3,641
division of liquor control: 3,642
(A) Except as otherwise provided in this chapter, beer or 3,644
intoxicating liquor may be served to a person not seated at a 3,645
table unless there is reason to believe that the beer or 3,646
91
intoxicating liquor so served will be consumed by a person under 3,647
twenty-one years of age. 3,648
(B) Beer or intoxicating liquor may be served by a hotel 3,650
in the room of a bona fide guest, and may be sold by a hotel 3,651
holding a D-5a permit, or a hotel holding a D-3 or D-5 permit 3,652
that otherwise meets all of the requirements for holding a D-5a 3,653
permit, by means of a controlled access alcohol and beverage 3,654
cabinet which THAT shall be located only in the hotel room of a 3,655
registered guest. A hotel may sell beer or intoxicating liquor 3,656
as authorized by its permit to a registered guest by means of a 3,657
controlled access alcohol and beverage cabinet in accordance with 3,658
the following requirements: 3,659
(1) Only a person twenty-one years of age or older who is 3,661
a guest registered to stay in a guestroom shall be provided a 3,662
key, magnetic card, or other similar device necessary to obtain 3,663
access to the contents of a controlled access alcohol and 3,664
beverage cabinet in that guestroom. 3,665
(2) The hotel shall comply with section 4301.22 of the 3,667
Revised Code in connection with the handling, restocking, and 3,668
replenishing of the beer and intoxicating liquor in the 3,669
controlled access alcohol and beverage cabinet. 3,670
(3) The hotel shall replenish or restock beer and 3,672
intoxicating liquor in any controlled access alcohol and beverage 3,673
cabinet only during the hours during which the hotel may serve or 3,674
sell beer and intoxicating liquor. 3,675
(4) The registered guest shall verify in writing that he 3,677
THE GUEST has read and understands the language which THAT shall 3,678
be posted on the controlled access alcohol and beverage cabinet 3,679
as required by division (B)(5) of this section. 3,680
(5) A hotel authorized to sell beer and intoxicating 3,682
liquor pursuant to division (B) of this section shall post on the 3,683
controlled access alcohol and beverage cabinet, in conspicuous 3,684
language, the following notice: 3,685
"The alcoholic beverages contained in this cabinet shall 3,687
92
not be removed from the premises." 3,688
(6) The hotel shall maintain a record of each sale of beer 3,690
or intoxicating liquor made by the hotel by means of a controlled 3,691
access alcohol and beverage cabinet for any period in which the 3,692
permit holder is authorized to hold the permit pursuant to 3,693
sections 4303.26 and 4303.27 of the Revised Code and any 3,694
additional period during which an applicant exercises its right 3,695
to appeal a rejection by the department or division of liquor 3,696
control to renew a permit pursuant to section 4303.271 of the 3,697
Revised Code. The records maintained by the hotel shall comply 3,698
with both of the following: 3,699
(a) Include the name, address, age, and signature of each 3,701
hotel guest who is provided access by the hotel to a controlled 3,702
access alcohol and beverage cabinet pursuant to division (B)(1) 3,703
of this section; 3,704
(b) Be made available during business hours to authorized 3,706
agents of the department or division of liquor control pursuant 3,707
to division (A)(6) of section 4301.10 of the Revised Code or to 3,708
liquor control investigators ENFORCEMENT AGENTS of the department 3,709
of public safety pursuant to section 5502.26 SECTIONS 5502.13 TO 3,710
5502.19 of the Revised Code. 3,711
(7) The hotel shall observe all other applicable rules 3,713
adopted by the department or division of liquor control and the 3,714
liquor control commission. 3,715
(C) Neither the seller nor the liquor control commission 3,717
by its regulations shall require the purchase of food with the 3,718
purchase of beer or intoxicating liquor; nor shall the seller of 3,719
beer or intoxicating liquor give away food of any kind in 3,720
connection with the sale of beer or intoxicating liquor, except 3,721
as authorized by rule of the liquor control commission. 3,722
(D) The seller shall not permit the purchaser to remove 3,724
beer or intoxicating liquor so sold from the premises. 3,725
(E) A hotel authorized to sell beer and intoxicating 3,727
liquor pursuant to division (B) of this section shall provide a 3,728
93
registered guest with the opportunity to refuse to accept a key, 3,729
magnetic card, or other similar device necessary to obtain access 3,730
to the contents of a controlled access alcohol and beverage 3,731
cabinet in that guest room. If a registered guest refuses to 3,732
accept such key, magnetic card, or other similar device, the 3,733
hotel shall not assess any charges on the registered guest for 3,734
use of the controlled access alcohol and beverage cabinet in that 3,735
guest room. 3,736
Sec. 4301.31. Except as provided in section 4301.28 of the 3,745
Revised Code, no court, other than the court of common pleas of 3,746
Franklin county, has jurisdiction of any action against the 3,747
liquor control commission, liquor control investigators 3,748
ENFORCEMENT AGENTS of the department of public safety, the 3,749
director or, beginning on July 1, 1997, the superintendent of 3,751
liquor control, or the department or, beginning on July 1, 1997, 3,752
the division of liquor control, to restrain the exercise of any 3,754
power or to compel the performance of any duty under Chapters 3,755
4301. and 4303. of the Revised Code. Neither the department or 3,756
division, the members of the commission, the liquor control 3,757
investigators ENFORCEMENT AGENTS, nor the director or 3,759
superintendent is personally liable in any action at law for 3,760
damages sustained by any person because of any acts done by the 3,761
department or division, the commission, the liquor control 3,762
investigators ENFORCEMENT AGENTS, or the director or 3,763
superintendent, or any employee of the department or division, in 3,764
the performance of his OFFICIAL duties and the administration of 3,765
such THOSE chapters. 3,766
Sec. 4301.53. The judge of a court of record may issue 3,774
warrants to search a house, building, place, vehicle, watercraft, 3,775
aircraft, or conveyance for beer, alcohol, or intoxicating liquor 3,776
manufactured, possessed, stored, concealed, sold, furnished, 3,777
given away, or transported in violation of Chapters 4301. and 3,778
4303. of the Revised Code, and the containers in which the same 3,779
is found, or machinery, tools, implements, equipment, supplies, 3,780
94
and materials used or kept for use in manufacturing beer or 3,781
intoxicating liquor in violation of such THOSE chapters, and to 3,782
seize any of such THAT property and things found therein IN IT, 3,785
together with the vehicle, watercraft, aircraft, or conveyance in 3,786
which the same is found. The issuance of such THOSE warrants is 3,787
subject in all respects to sections 2933.22 to 2933.27 of the 3,789
Revised Code; except that any such vehicle, watercraft, aircraft, 3,790
or other conveyance shall be returned to its owner upon execution 3,791
by him THE OWNER of a bond with surety to the satisfaction of the 3,793
liquor control investigator ENFORCEMENT AGENT of the department 3,795
of public safety or other law enforcement officer making the
seizure in an equal amount to its value, conditioned upon its 3,797
return to the custody of such AGENT OR officer on the day of 3,798
trial to abide by the judgment of the court. Upon conviction of 3,799
any violation of Chapters 4301. and 4303. of the Revised Code, 3,800
any property found in the possession of the person convicted or 3,801
the person's agent or employee shall be disposed of as provided 3,802
in section 4301.45 of the Revised Code. If the accused is 3,803
discharged by the judge or magistrate, such vehicle, watercraft, 3,804
aircraft, or other conveyance shall be returned to its owner, and 3,805
any bond given pursuant to this section shall be canceled. If 3,806
the accused is the holder of a permit issued under Chapters 4301. 3,807
and 4303. of the Revised Code, any beer, intoxicating liquor, or 3,808
alcohol seized shall be disposed of as provided in section 3,810
4301.29 of the Revised Code, and any other property seized shall 3,811
be returned to its owner by the officer having the custody or 3,812
possession of such property. If the accused is not the holder of 3,813
such a permit in force at the time, any beer, intoxicating 3,814
liquor, or alcohol that was not illegally manufactured shall be 3,815
forfeited to the state and shall forthwith be disposed of under 3,816
section 2933.41 of the Revised Code. Illegally manufactured 3,817
beer, intoxicating liquor, or alcohol, and other property, except 3,818
as provided in this section, shall be destroyed, and any such 3,819
beer, intoxicating liquor, or alcohol, or other property is 3,820
95
hereby declared to be a public nuisance. 3,821
Sec. 4301.66. No person shall hinder or obstruct any agent 3,830
or employee of the department or, beginning on July 1, 1997, the 3,831
division of liquor control, any liquor control investigator 3,832
ENFORCEMENT AGENT of the department of public safety, or any 3,833
officer of the law, from making inspection or search of any 3,834
place, other than a bona fide private residence, where beer or 3,835
intoxicating liquor is possessed, kept, sold, or given away. 3,836
Sec. 4501.03. The registrar of motor vehicles shall open 3,844
an account with each county and district of registration in the 3,845
state, and may assign each county and district of registration in 3,846
the state a unique code for identification purposes. Except as 3,847
provided in section 4501.14, section 4501.044, or division (B)(1) 3,849
of section 4501.045 of the Revised Code, the registrar shall pay 3,850
all moneys the registrar receives under sections 4503.02, 3,852
4503.12, and 4504.09 of the Revised Code into the state treasury 3,853
to the credit of the auto registration distribution fund, which 3,854
is hereby created, for distribution in the manner provided for in 3,855
this section and sections 4501.04, 4501.041, 4501.042, and 3,856
4501.043 of the Revised Code. All other moneys received by the 3,857
registrar shall be deposited in the state bureau of motor 3,858
vehicles fund established in section 4501.25 of the Revised Code 3,859
for the purposes enumerated in that section, unless otherwise
provided by law. 3,860
All moneys credited to the auto registration distribution 3,862
fund shall be distributed to the counties and districts of 3,863
registration, except for funds received by the registrar under 3,864
section 4504.09 of the Revised Code, after receipt of 3,865
certifications from the commissioners of the sinking fund 3,866
certifying, as required by sections 5528.15 and 5528.35 of the 3,867
Revised Code, that there are sufficient moneys to the credit of 3,868
the highway improvement bond retirement fund created by section 3,869
5528.12 of the Revised Code to meet in full all payments of 3,870
interest, principal, and charges for the retirement of bonds and 3,871
96
other obligations issued pursuant to Section 2g of Article VIII, 3,872
Ohio Constitution, and sections 5528.10 and 5528.11 of the 3,873
Revised Code due and payable during the current calendar year, 3,874
and that there are sufficient moneys to the credit of the highway 3,875
obligations bond retirement fund created by section 5528.32 of 3,876
the Revised Code to meet in full all payments of interest, 3,877
principal, and charges for the retirement of highway obligations 3,878
issued pursuant to Section 2i of Article VIII, Ohio Constitution, 3,879
and sections 5528.30 and 5528.31 of the Revised Code due and 3,880
payable during the current calendar year, in the manner provided 3,881
in section 4501.04 of the Revised Code. 3,882
The treasurer of state may invest any portion of the moneys 3,884
credited to the auto registration distribution fund, in the same 3,885
manner and subject to all the laws with respect to the investment 3,886
of state funds by the treasurer of state, and all investment 3,887
earnings of the fund shall be credited to the fund. 3,889
Once each month the registrar shall prepare vouchers in 3,891
favor of the county auditor of each county for the amount of the 3,892
tax collection pursuant to sections 4503.02 and 4503.12 of the 3,893
Revised Code apportioned to the county and to the districts of 3,894
registration located wholly or in part in the county auditor's 3,896
county. The county auditor shall distribute the proceeds of the
tax collections due the county and the districts of registration 3,898
in the manner provided in section 4501.04 of the Revised Code. 3,899
Once each month the registrar also shall prepare vouchers 3,901
in favor of the county auditor of each county levying a county 3,902
motor vehicle license tax pursuant to section 4504.02, 4504.15, 3,903
or 4504.16 of the Revised Code and of each county in which is 3,904
located one or more townships levying a township motor vehicle 3,905
license tax pursuant to section 4504.18 of the Revised Code for 3,906
the amount of the tax due the county or townships in the county. 3,907
All moneys received by the registrar under sections 3,909
4503.02, 4503.12, and 4504.09 of the Revised Code shall be 3,910
distributed to counties, townships, and municipal corporations 3,911
97
within thirty days of the expiration of the registration year, 3,912
except that a sum equal to five per cent of the total amount 3,913
received under sections 4503.02 and 4503.12 of the Revised Code 3,914
may be reserved to make final adjustments in accordance with the 3,915
formula for distribution set forth in section 4501.04 of the 3,916
Revised Code. If amounts set aside to make the adjustments are 3,917
inadequate, necessary adjustments shall be made immediately out 3,918
of funds available for distribution for the following two 3,919
registration years. 3,920
Sec. 4501.10. All (A) EXCEPT AS PROVIDED IN DIVISION (B) 3,929
OF THIS SECTION, money received by the department of public 3,930
safety from the sale of motor vehicles and related equipment 3,931
pursuant to section 125.13 of the Revised Code shall be 3,932
transferred to the highway safety salvage and exchange
administration fund, highway safety salvage and exchange bureau 3,933
of motor vehicles fund, or highway safety salvage and exchange 3,934
highway patrol fund, as appropriate. Such funds are hereby 3,936
created in the state treasury. The money shall be used only to 3,937
purchase replacement motor vehicles and related equipment. All 3,938
investment earnings of these funds shall be credited to the
funds, respectively. 3,939
(B) MONEY RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY FROM 3,941
THE SALE OF MOTOR VEHICLES AND RELATED EQUIPMENT OF THE BUREAU OF 3,942
MOTOR VEHICLES PURSUANT TO SECTION 125.13 OF THE REVISED CODE 3,943
SHALL BE TRANSFERRED TO THE STATE BUREAU OF MOTOR VEHICLES FUND 3,944
CREATED BY SECTION 4501.25 OF THE REVISED CODE.
Sec. 4501.27. (A) Except as provided in division (B) of 3,954
this section, on and after September 13, 1997, the registrar of 3,955
motor vehicles, and any employee or contractor of the bureau of 3,956
motor vehicles, shall not knowingly disclose or otherwise make 3,958
available to any person or entity any personal information about 3,959
an individual that the bureau obtained in connection with a motor 3,961
vehicle record.
(B)(1) On and after September 13, 1997, the registrar of 3,964
98
motor vehicles, or an employee or contractor of the bureau of 3,965
motor vehicles, shall disclose personal information about an 3,967
individual that the bureau obtained in connection with a motor 3,968
vehicle record, for use in connection with any of the following 3,969
matters to carry out the purposes of any specified federal
automobile-related act: 3,970
(a) Motor vehicle or driver safety and theft; 3,972
(b) Motor vehicle emissions; 3,974
(c) Motor vehicle product alterations, recalls, or 3,976
advisories; 3,977
(d) Performance monitoring of motor vehicles and dealers 3,980
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 3,983
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 3,985
(B)(1) of this section, on and after September 13, 1997, the 3,987
registrar, or an employee or contractor of the bureau of motor 3,988
vehicles, may disclose personal information about an individual 3,989
that the bureau obtained in connection with a motor vehicle 3,990
record, as follows:
(a) For the use of a government agency, including, but not 3,993
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 3,994
acting on behalf of an agency of this state, another state, the 3,995
United States, or a political subdivision of this state or 3,997
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 4,000
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 4,001
performance monitoring of motor vehicles, motor vehicle parts, 4,002
and dealers; motor vehicle market research activities, including, 4,004
but not limited to, survey research; and removal of non-owner 4,005
records from the original owner records of motor vehicle
manufacturers; 4,006
99
(c) For use in the normal course of business by a 4,008
legitimate business or an agent, employee, or contractor of a 4,009
legitimate business, but only for one of the following purposes: 4,010
(i) To verify the accuracy of personal information 4,012
submitted to the business, agent, employee, or contractor by an 4,013
individual;
(ii) If personal information submitted to the business, 4,016
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 4,017
for the purpose of preventing fraud, by pursuing legal remedies 4,018
against, or recovering on a debt or security interest against, 4,019
the individual.
(d) For use in connection with a civil, criminal, 4,021
administrative, or arbitral proceeding in a court or agency of 4,022
this state, another state, the United States, or a political 4,023
subdivision of this state or another state or before a 4,024
self-regulatory body, including, but not limited to, use in 4,025
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 4,026
judgment or order; 4,027
(e) Pursuant to an order of a court of this state, another 4,030
state, the United States, or a political subdivision of this
state or another state; 4,031
(f) For use in research activities or in producing 4,033
statistical reports, provided the personal information is not 4,034
published, redisclosed, or used to contact an individual; 4,035
(g) For use by an insurer, insurance support organization, 4,038
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 4,039
investigation activity, anti-fraud activity, rating, or 4,040
underwriting;
(h) For use in providing notice to the owner of a towed, 4,043
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 4,046
100
or licensed security service for any purpose permitted under
division (B)(2) of this section; 4,047
(j) For use by an employer or by the agent or insurer of 4,050
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 4,051
required under the "Commercial Motor Vehicle Safety Act of 1986," 4,052
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 4,053
amended;
(k) For use in connection with the operation of a private 4,056
toll transportation facility;
(l) For any use not otherwise identified in division 4,058
(B)(2) of this section that is in response to a request for 4,060
individual motor vehicle records, if the bureau of motor vehicles 4,061
has provided both of the following in a clear and conspicuous 4,062
manner on forms for the issuance or renewal of driver's or 4,063
commercial driver's licenses, motor vehicle certificates of 4,064
title, motor vehicle registrations and identification license 4,065
plates, and identification cards:
(i) Notice that personal information collected by the 4,068
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who completes and 4,071
submits any of the forms to prohibit disclosures.
(m) For bulk distribution for surveys, marketing, or 4,073
solicitations, if the bureau of motor vehicles has implemented 4,074
methods and procedures to ensure both of the following: 4,075
(i) That individuals are provided, in a clear and 4,078
conspicuous manner, an opportunity to prohibit uses of this 4,080
nature;
(ii) The information will be used, rented, or sold solely 4,083
for bulk distribution for surveys, marketing, or solicitations,
and that those surveys, marketing, and solicitations will not be 4,085
directed at an individual who has requested in a timely fashion 4,086
that the surveys, marketing, and solicitations not be directed at 4,087
101
that individual.
(n) For use by a person, state, or state agency that 4,089
requests the information, if the person, state, or state agency 4,090
demonstrates that it has obtained the written consent of the 4,091
individual to whom the information pertains; 4,092
(o) For any other use specifically authorized by law that 4,095
is related to the operation of a motor vehicle or to public
safety.
(C) On and after September 13, 1997, an authorized 4,098
recipient of personal information about an individual that the 4,099
bureau of motor vehicles obtained in connection with a motor 4,100
vehicle record, other than a recipient under division (B)(2)(l) 4,101
or (m) of this section, may resell or redisclose the personal 4,103
information only for a use permitted under division (B)(1), 4,104
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 4,105
and after September 13, 1997, an authorized recipient of personal 4,106
information about an individual under division (B)(2)(l) of this 4,108
section may resell or redisclose the information for any purpose. 4,109
On and after September 13, 1997, an authorized recipient of 4,110
personal information under division (B)(2)(m) of this section may 4,113
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 4,115
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 4,118
division (B)(2)(l) of this section, that resells or rediscloses 4,119
any personal information covered by this section must keep for a 4,120
period of five years a record that identifies each person or 4,121
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 4,122
must make all such records available to the registrar of motor 4,123
vehicles upon the registrar's request. 4,124
(D) The registrar of motor vehicles may establish and 4,127
carry out procedures under which the registrar or the registrar's 4,128
agents, upon receipt of a request for personal information on or 4,129
102
after September 13, 1997, that does not satisfy any of the 4,131
criteria for disclosure of the information that are set forth in
division (B)(1) or (2) of this section, may notify the individual 4,133
about whom the information was requested, by regular mail, that 4,134
the request was made. Any procedures so adopted shall provide
that, if the registrar or an agent of the registrar mails the 4,136
notice to the individual, the registrar or agent shall include 4,137
with the notice a copy of the request and conspicuously shall 4,138
include in the notice a statement that the information will not 4,139
be released unless the individual waives the individual's right 4,140
to privacy regarding the information that is granted under this
section.
(E) The registrar of motor vehicles may adopt any forms 4,143
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 4,148
2721-2725, that are necessary to carry out the registrar's duties 4,149
under this section on and after September 13, 1997. 4,150
(F) Divisions (A) to (E) of this section do not apply to 4,153
the release of any personal information prior to September 13, 4,154
1997.
(G) As used in this section: 4,156
(1) "Motor vehicle record" means a record that pertains to 4,158
a motor vehicle driver's or commercial driver's license or 4,159
permit, a motor vehicle certificate of title, a motor vehicle 4,160
registration or motor vehicle identification license plates, or 4,161
an identification card issued by the bureau of motor vehicles. 4,162
(2) "Person" has the same meaning as in section 1.59 of 4,164
the Revised Code and does not include this state, another state, 4,165
or an agency of this state or another state. 4,166
(3) "Personal information" means information that 4,168
identifies an individual, including, but not limited to, an 4,169
individual's photograph OR DIGITAL IMAGE, social security number, 4,171
driver or driver's license identification number, name, telephone 4,172
number, or medical or disability information, or an individual's
103
address other than the five-digit zip code number. "Personal 4,174
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 4,175
status.
(4) "Specified federal automobile-related act" means the 4,177
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 4,183
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 4,188
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 4,192
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 4,197
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 4,200
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 4,204
U.S.C. 7401, et seq., all as now or hereafter amended. 4,206
Sec. 4503.102. (A) The registrar of motor vehicles shall 4,213
adopt rules to establish a centralized system of motor vehicle 4,214
registration renewal by mail. Any person owning a motor vehicle 4,215
that was registered in the person's name during the preceding 4,217
registration year shall renew the registration of the motor 4,218
vehicle either by mail through the centralized system of 4,219
registration established under this section or in person at a 4,220
deputy registrar's office.
(B)(1) No less than forty-five days prior to the 4,222
expiration date of any motor vehicle registration, the registrar 4,223
shall mail a renewal notice to the person in whose name the motor 4,224
vehicle is registered. The renewal notice shall clearly state 4,225
that the registration of the motor vehicle may be renewed by mail 4,226
through the centralized system of registration or in person at a 4,227
deputy registrar's office and shall be preprinted with 4,228
information including, but not limited to, the owner's name and 4,229
residence address as shown in the records of the bureau of motor 4,230
vehicles, a brief description of the motor vehicle to be 4,231
registered, notice of the license taxes and fees due on the motor 4,232
vehicle, the toll-free telephone number of the registrar as 4,233
required under division (D)(1) of section 4503.031 of the Revised 4,234
Code, and any additional information the registrar may require by 4,235
104
rule. The renewal notice shall be sent by regular mail to the 4,237
owner's last known address as shown in the records of the bureau
of motor vehicles. 4,238
(2) If the application for renewal of the registration of 4,241
a motor vehicle is prohibited from being accepted by the 4,242
registrar or a deputy registrar by division (D) of section 4,243
2935.27, division (A) of section 2937.221, division (A) of 4,244
section 4503.13, division (B) of section 4507.168, or division 4,246
(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 4,247
vehicle lessee.
(C) The owner of the motor vehicle shall verify the 4,249
information contained in the notice, sign it, and return it, in 4,250
person to a deputy registrar or by mail to the registrar, 4,251
together with a credit card number, when permitted by rule of the 4,252
registrar, check, or money order in the amount of the 4,253
registration taxes and fees payable on the motor vehicle and a 4,254
mail fee of two dollars and twenty-five cents plus postage as 4,255
indicated on the notice, if the registration is renewed by mail, 4,256
and an inspection certificate for the motor vehicle as provided 4,257
in section 3704.14 of the Revised Code. 4,258
(D) If all registration and transfer fees for the motor 4,260
vehicle for the preceding year or the preceding period of the 4,261
current registration year have not been paid, if division (D) of 4,262
section 2935.27, division (A) of section 2937.221, division (A) 4,263
of section 4503.13, division (B) of section 4507.168, or division 4,265
(B)(1) of section 4521.10 of the Revised Code prohibits 4,266
acceptance of the renewal notice, or if the owner or lessee does 4,268
not have an inspection certificate for the motor vehicle as 4,269
provided in section 3704.14 of the Revised Code, if that section 4,270
is applicable, the license shall be refused and the registrar or 4,271
deputy registrar shall so notify the owner. This section does 4,272
not require the payment of license or registration taxes on a 4,273
motor vehicle for any preceding year, or for any preceding period 4,274
105
of a year, if the motor vehicle was not taxable for that 4,275
preceding year or period under section 4503.02, 4503.04, 4503.11, 4,276
4503.12, or 4503.16 or Chapter 4504. of the Revised Code. 4,277
(E)(1) Failure to receive a renewal notice does not 4,279
relieve a motor vehicle owner from the responsibility to renew 4,281
the registration for the motor vehicle. Any person who has a 4,282
motor vehicle registered in this state and who does not receive a 4,283
renewal notice as provided in division (B) of this section prior 4,284
to the expiration date of the registration shall request an 4,285
application for registration from the registrar or a deputy 4,286
registrar and return the signed application and any applicable 4,287
license taxes and fees to the registrar or deputy registrar. 4,288
(2) If the owner of a motor vehicle submits an application 4,290
for registration and the registrar is prohibited by division (D) 4,291
of section 2935.27, division (A) of section 2937.221, division 4,292
(A) of section 4503.13, division (B) of section 4507.168, or 4,294
division (B)(1) of section 4521.10 of the Revised Code from 4,295
accepting the application, the registrar shall return the 4,296
application and the payment to the owner. 4,297
(F) Every deputy registrar shall post in a prominent place 4,299
at the deputy's office a notice informing the public of the mail 4,301
registration system required by this section, and also shall post 4,302
a notice that every owner of a motor vehicle and every chauffeur 4,303
holding a certificate of registration is required to notify the 4,304
registrar in writing of any change of residence within ten days 4,305
after the change occurs. The notice shall be in such form as the 4,306
registrar prescribes by rule. 4,307
(G) The two dollars and twenty-five cents fee, plus 4,309
postage and any credit card surcharge collected by the registrar 4,310
for registration by mail, shall be paid to the credit of the 4,311
central registration STATE BUREAU OF MOTOR VEHICLES fund 4,312
established by section 4501.14 4501.25 of the Revised Code. 4,313
(H) The registrar may implement a program permitting 4,318
payment of motor vehicle registration taxes and fees, driver's 4,319
106
license and commercial driver's license fees, and any other 4,320
taxes, fees, penalties, or charges imposed or levied by the state
by means of a credit card. The registrar may adopt rules as 4,322
necessary for this purpose.
If a person uses a credit card to pay motor vehicle 4,324
registration taxes or fees, license fees, or other similar taxes, 4,325
fees, penalties, or charges imposed or levied by the state as 4,326
provided in this section, a surcharge sufficient to pay the 4,327
required service charge of the financial institution or credit 4,328
card company shall be paid by the person using the credit card. 4,329
(I) For persons who reside in counties where tailpipe 4,331
emissions inspections are required under the motor vehicle 4,332
inspection and maintenance program, the notice required by 4,333
division (B) of this section shall also include the toll-free 4,334
telephone number maintained by the Ohio environmental protection 4,335
agency to provide information concerning the locations of 4,336
emissions testing centers. 4,337
Sec. 4503.19. Upon the filing of an application for 4,346
registration and the payment of the tax therefor FOR 4,348
REGISTRATION, the registrar of motor vehicles or a deputy 4,349
registrar shall determine whether the owner PREVIOUSLY has 4,350
previously been issued license plates for the motor vehicle 4,351
described in the application. If no license plates PREVIOUSLY 4,352
have previously been issued to the owner for that motor vehicle, 4,354
the registrar or deputy registrar shall assign to the motor 4,355
vehicle a distinctive number and issue and deliver to the owner 4,356
in such THE manner as THAT the registrar may select a certificate 4,358
of registration, in such THE form as THAT the registrar shall 4,360
prescribe, and, except as otherwise provided in this section, two 4,361
license plates, duplicates of each other, and a validation 4,362
sticker, or a validation sticker alone, to be attached to the 4,364
number plates as provided in section 4503.191 of the Revised 4,366
Code. The registrar or deputy registrar also shall charge the 4,367
owner any fees required under division (C) of section 4503.10 of
107
the Revised Code. Trailers, manufactured homes, mobile homes, 4,368
semitrailers, the manufacturer thereof, the dealer, or in transit 4,370
companies therein, shall be issued one license plate only and one 4,371
validation sticker, or a validation sticker alone, which AND THE 4,372
license plate and validation sticker shall be displayed only on 4,374
the rear of such vehicles. A commercial tractor that does not 4,375
receive an apportioned license plate under the international 4,376
registration plan shall be issued two license plates and one 4,377
validation sticker, which AND THE validation sticker shall be 4,378
displayed on the front of the commercial tractor. An apportioned 4,379
vehicle receiving an apportioned license plate under the 4,381
international registration plan shall be issued one license plate 4,382
only and one validation sticker, or a validation sticker alone; 4,383
the license plate shall be displayed only on the front of a 4,384
semitractor and on the rear of all other vehicles. School buses 4,385
shall not be issued license plates, but shall bear identifying 4,386
numbers in the manner prescribed by section 4511.764 of the 4,387
Revised Code. The certificate of registration and license plates
and validation stickers, or validation stickers alone, shall be 4,389
issued and delivered to the owner in person or by mail. 4,390
Chauffeured limousines shall be issued license plates, a
validation sticker, and a livery sticker as provided in section 4,391
4503.24 of the Revised Code. In the event of the loss, 4,392
mutilation, or destruction of any certificate of registration, or 4,393
of any license plates or validation stickers, or in the event IF 4,394
the owner chooses to replace license plates previously issued for 4,396
a motor vehicle, or IF the registration certificate and license 4,397
plates have been impounded as provided by division (F)(1) of 4,399
section 4507.02 and division (A)(2) of section 4507.16 of the 4,400
Revised Code, the owner of a motor vehicle, or manufacturer or 4,401
dealer, may obtain from the registrar, or from a deputy registrar 4,402
if authorized by the registrar, a duplicate thereof or new 4,403
license plates bearing a different number, if the registrar 4,404
considers it advisable, upon filing an application prescribed by 4,405
108
the registrar, and upon paying a fee of one dollar for such 4,406
certificate of registration, a fee of five TWO dollars for each 4,407
set of two license plates, or three dollars ONE DOLLAR for each 4,408
single license plate or validation sticker. In addition, each 4,410
applicant for a replacement certificate of registration, license 4,412
plate, or validation sticker shall pay the fees provided in 4,413
divisions (C) and (D) of section 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who 4,415
either issues license plates and a validation sticker for use on 4,416
any vehicle other than a commercial tractor, semitrailer, or 4,418
apportioned vehicle, or who issues a validation sticker alone for 4,419
use on such a vehicle and the owner has changed the owner's 4,420
county of residence since the owner last was issued county 4,421
identification stickers, also shall issue and deliver to the 4,422
owner either one or two county identification stickers, as 4,423
appropriate, which shall be attached to the license plates in a 4,425
manner prescribed by the director of public safety. The county 4,426
identification stickers shall prominently identify PROMINENTLY by 4,428
name or number the county in which the owner of the vehicle 4,429
resides at the time of registration. 4,430
Sec. 4505.06. (A) Application for a certificate of title 4,439
shall be made in a form prescribed by the registrar of motor 4,440
vehicles, and shall be sworn to before a notary public or other 4,441
officer empowered to administer oaths. The application shall be 4,442
filed with the clerk of the court of common pleas of the county 4,443
in which the applicant resides if the applicant is a resident of 4,444
this state or, if not a resident, in the county in which the 4,445
transaction is consummated. An application for a certificate of 4,447
title may be filed electronically by electronic image 4,448
transmission in any county in which the clerk of the court of 4,449
common pleas permits an application to be filed electronically. 4,450
The signature of an officer empowered to administer oaths that 4,451
appears on an application for a certificate of title, or on any 4,452
other document required to be filed by this chapter that has been 4,453
109
filed electronically, is not a facsimile signature as defined in 4,454
section 9.10 of the Revised Code. Any payments required by this 4,456
chapter shall be considered as accompanying any electronically 4,457
transmitted application when payment actually is received by the 4,458
clerk. Payment of any fee or taxes may be made by electronic 4,459
transfer of funds.
The application for a certificate of title shall be 4,461
accompanied by the fee prescribed in section 4505.09 of the 4,462
Revised Code; and if a certificate of title previously has been 4,463
issued for the motor vehicle in this state, it shall be 4,464
accompanied by that certificate of title duly assigned, unless 4,465
otherwise provided in this chapter. If a certificate of title 4,466
previously has not been issued for the motor vehicle in this 4,467
state, the application, unless otherwise provided in this 4,468
chapter, shall be accompanied by a manufacturer's or importer's 4,469
certificate or by a certificate of title, bill of sale, or other 4,471
evidence of ownership required by the law of another state from 4,472
which the motor vehicle was brought into this state. If the
application refers to a motor vehicle last previously registered 4,473
in another state, the application also shall be accompanied by 4,474
the physical inspection certificate required by section 4505.061 4,475
of the Revised Code. If the application is made by two persons 4,476
regarding a motor vehicle in which they wish to establish joint 4,477
ownership with right of survivorship they may do so as provided 4,478
in section 2106.17 of the Revised Code. The clerk shall retain 4,479
the evidence of title presented by the applicant and on which the 4,480
certificate of title is issued. The clerk shall use reasonable 4,481
diligence in ascertaining whether or not the facts in the 4,482
application are true by checking the application and documents 4,483
accompanying it with the records of motor vehicles in the clerk's 4,484
office; if satisfied that the applicant is the owner of the motor 4,485
vehicle and that the application is in the proper form, the 4,486
clerk, within five business days after the application is filed, 4,487
shall issue a certificate of title over the clerk's signature and 4,488
110
sealed with the clerk's seal. For purposes of the transfer of a 4,489
certificate of title, if the clerk is satisfied that the secured 4,490
party has duly discharged a lien notation, but has not canceled 4,491
the lien notation with the clerk of the county of origin, the 4,492
clerk may cancel the lien notation on the automated title 4,493
processing system and notify the clerk of the county of origin. 4,494
In the case of the sale of a motor vehicle to a general 4,496
buyer or user by a dealer, by a motor vehicle leasing dealer 4,497
selling the motor vehicle to the lessee or, in a case in which 4,498
the leasing dealer subleased the motor vehicle, the sublessee, at 4,499
the end of the lease agreement or sublease agreement, or by a 4,500
manufactured home broker, the certificate of title shall be 4,501
obtained in the name of the buyer by the dealer, leasing dealer, 4,503
or the manufactured home broker, as the case may be, upon 4,504
application signed by the buyer. The certificate of title shall 4,505
be issued within five business days after the application for 4,506
title is filed with the clerk. If the buyer of the motor vehicle 4,507
previously leased the motor vehicle and is buying the motor 4,509
vehicle at the end of the lease pursuant to that lease, the 4,510
certificate of title shall be obtained in the name of the buyer
by the motor vehicle leasing dealer who previously leased the 4,511
motor vehicle to the buyer or by the motor vehicle leasing dealer 4,512
who subleased the motor vehicle to the buyer under a sublease 4,513
agreement.
In all other cases, except as provided in division (D)(2) 4,515
of section 4505.11 of the Revised Code, such certificates shall 4,516
be obtained by the buyer. In all cases of transfer of a motor 4,518
vehicle, the application for certificate of title shall be filed 4,519
within thirty days after the assignment or delivery of the motor 4,520
vehicle. If an application for a certificate of title is not 4,521
filed within that period, the clerk shall collect a fee of five 4,522
dollars for the issuance of the certificate, except that no such 4,523
fee shall be required from a motor vehicle salvage dealer, as 4,524
defined in division (A) of section 4738.01 of the Revised Code, 4,525
111
who immediately surrenders the certificate of title for
cancellation. The fee shall be in addition to all other fees 4,526
established by this chapter, and shall be retained by the clerk. 4,527
The registrar shall provide, on the certificate of title form 4,528
prescribed by section 4505.07 of the Revised Code, language 4,529
necessary to give evidence of the date on which the assignment or 4,530
delivery of the motor vehicle was made. 4,531
As used in this division, "lease agreement," "lessee," and 4,533
"sublease agreement" have the same meanings as in section 4505.04 4,534
of the Revised Code.
(B) The clerk, except as provided in this section, shall 4,536
refuse to accept for filing any application for a certificate of 4,537
title and shall refuse to issue a certificate of title unless the 4,538
dealer or manufactured home broker or the applicant, in cases in 4,539
which the certificate shall be obtained by the buyer, submits 4,540
with the application payment of the tax levied by or pursuant to 4,541
Chapters 5739. and 5741. of the Revised Code. Upon payment of 4,542
the tax in accordance with division (E) of this section, the 4,543
clerk shall issue a receipt prescribed by the registrar and 4,544
agreed upon by the tax commissioner showing payment of the tax or 4,545
a receipt issued by the commissioner showing the payment of the 4,546
tax. When submitting payment of the tax to the clerk, a dealer 4,547
shall retain any discount to which the dealer is entitled under 4,548
section 5739.12 of the Revised Code.
For receiving and disbursing such taxes paid to the clerk, 4,550
the clerk may retain a poundage fee of one and one one-hundredth 4,551
per cent, which shall be paid into the certificate of title 4,552
administration fund created by section 325.33 of the Revised 4,554
Code.
In the case of casual sales of motor vehicles, as defined 4,556
in section 4517.01 of the Revised Code, the price for the purpose 4,558
of determining the tax shall be the purchase price on the 4,559
assigned certificate of title executed by the seller and filed 4,560
with the clerk by the buyer on a form to be prescribed by the 4,561
112
registrar, which shall be prima-facie evidence of the amount for 4,562
the determination of the tax.
(C)(1) If the transferor indicates on the certificate of 4,564
title that the odometer reflects mileage in excess of the 4,565
designed mechanical limit of the odometer, the clerk shall enter 4,566
the phrase "exceeds mechanical limits" following the mileage 4,567
designation. If the transferor indicates on the certificate of 4,568
title that the odometer reading is not the actual mileage, the 4,569
clerk shall enter the phrase "nonactual: warning - odometer 4,571
discrepancy" following the mileage designation. The clerk shall
use reasonable care in transferring the information supplied by 4,573
the transferor, but is not liable for any errors or omissions of 4,574
the clerk or those of the clerk's deputies in the performance of 4,575
the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the 4,577
transferor shall swear to the true selling price and, except as 4,578
provided in this division, the true odometer reading of the motor 4,579
vehicle. The registrar may prescribe an affidavit in which the 4,580
seller and buyer provide information pertaining to the odometer 4,581
reading of the motor vehicle in addition to that required by this 4,582
section, as such information may be required by the United States 4,583
secretary of transportation by rule prescribed under authority of 4,584
subchapter IV of the "Motor Vehicle Information and Cost Savings 4,585
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. 4,586
(2) Division (C)(1) of this section does not require the 4,589
giving of information concerning the odometer and odometer 4,590
reading of a motor vehicle when ownership of a motor vehicle is 4,591
being transferred as a result of a bequest, under the laws of 4,592
intestate succession, to a surviving spouse pursuant to section 4,593
2106.17, 2106.18, or 4505.10 of the Revised Code, or in 4,594
connection with the creation of a security interest. 4,595
(D) When the transfer to the applicant was made in some 4,597
other state or in interstate commerce, the clerk, except as 4,598
provided in this section, shall refuse to issue any certificate 4,599
113
of title unless the tax imposed by or pursuant to Chapter 5741. 4,601
of the Revised Code has been paid as evidenced by a receipt 4,602
issued by the tax commissioner, or unless the applicant submits 4,603
with the application payment of the tax. Upon payment of the tax 4,604
in accordance with division (E) of this section, the clerk shall 4,605
issue a receipt prescribed by the registrar and agreed upon by 4,607
the tax commissioner, showing payment of the tax. For receiving 4,608
and disbursing such taxes paid to the clerk, the clerk may retain 4,609
a poundage fee of one per cent. When the vendor is not regularly 4,610
engaged in the business of selling motor vehicles, the vendor 4,612
shall not be required to purchase a vendor's license or make 4,613
reports concerning such sales.
(E) The clerk shall accept any payment of a tax in cash, 4,615
or by certified check, draft, or money order payable to the clerk 4,616
and submitted with an application for a certificate of title 4,618
under division (B) or (D) of this section. The clerk also may 4,619
accept payment of the tax by corporate, business, or personal 4,620
check, credit card, electronic transfer or wire transfer, debit 4,621
card, or any other accepted form of payment made payable to the 4,622
clerk. The clerk may require bonds, guarantees, or letters of 4,623
credit to ensure the collection of corporate, business, or 4,624
personal checks. Any service fee charged by a third party to a 4,625
clerk for the use of any form of payment may be paid by the clerk 4,626
from the certificate of title administration fund created in 4,627
section 325.33 of the Revised Code, or may be assessed by the 4,628
clerk upon the applicant as an additional fee. Upon collection, 4,629
the additional fees shall be paid by the clerk into that
certificate of title administration fund. 4,630
The clerk shall make a good faith effort to collect any 4,632
payment of taxes due but not made because the payment was 4,633
returned or dishonored, but the clerk is not personally liable 4,634
for the payment of uncollected taxes or uncollected fees. The 4,635
clerk shall notify the tax commissioner of any such payment of 4,636
taxes that is due but not made and shall furnish such information 4,637
114
to the commissioner as the commissioner requires. The clerk 4,638
shall deduct the amount of taxes due but not paid from the 4,639
clerk's periodic remittance of tax payments, in accordance with
procedures agreed upon by the tax commissioner. The commissioner 4,640
may collect taxes due by assessment in the manner provided in 4,641
section 5739.13 of the Revised Code.
Any person who presents payment that is returned or 4,643
dishonored for any reason is liable to the clerk for payment of a 4,644
penalty over and above the amount of the taxes due. The clerk 4,645
shall determine the amount of the penalty, which shall be no 4,646
greater than that amount necessary to compensate the clerk for 4,647
banking charges, legal fees, or other expenses incurred by the
clerk in collecting the returned or dishonored payment. The 4,648
remedies and procedures provided in this section are in addition 4,649
to any other available civil or criminal remedies. Subsequently 4,650
collected penalties, poundage, and title fees, less any title fee 4,652
due the state, from returned or dishonored payments collected by
the clerk shall be paid into the certificate of title 4,653
administration fund. Subsequently collected taxes, less 4,654
poundage, shall be sent by the clerk to the treasurer of state at 4,655
the next scheduled periodic remittance of tax payments, with such 4,656
information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division. 4,657
(F) In the following cases, the clerk shall accept for 4,659
filing such application and shall issue a certificate of title 4,660
without requiring payment or evidence of payment of the tax: 4,661
(1) When the purchaser is this state or any of its 4,663
political subdivisions, a church, or an organization whose 4,664
purchases are exempted by section 5739.02 of the Revised Code; 4,665
(2) When the transaction in this state is not a retail 4,667
sale as defined by section 5739.01 of the Revised Code; 4,668
(3) When the purchase is outside this state or in 4,670
interstate commerce and the purpose of the purchaser is not to 4,671
use, store, or consume within the meaning of section 5741.01 of 4,672
115
the Revised Code; 4,673
(4) When the purchaser is the federal government; 4,675
(5) When the motor vehicle was purchased outside this 4,677
state for use outside this state; 4,678
(6) When the motor vehicle is purchased by a nonresident 4,680
of this state for immediate removal from this state, and will be 4,681
permanently titled and registered in another state, as provided 4,682
by division (B)(23) of section 5739.02 of the Revised Code, and 4,683
upon presentation of a copy of the affidavit provided by that 4,684
section, and a copy of the exemption certificate provided by 4,685
section 5739.03 of the Revised Code. 4,686
The clerk shall forward all payments of taxes, less 4,688
poundage fee, to the treasurer of state in a manner to be 4,689
prescribed by the tax commissioner and shall furnish such 4,690
information to the commissioner as the commissioner requires. 4,691
(G) An application, as prescribed by the registrar and 4,694
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 4,695
application shall contain the following notice in bold lettering: 4,696
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You 4,697
are required by law to state the true selling price. A false 4,698
statement is in violation of section 2921.13 of the Revised Code 4,700
and is punishable by six months' imprisonment or a fine of up to 4,701
one thousand dollars, or both. All transfers are audited by the 4,702
department of taxation. The seller and buyer must provide any 4,703
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due." 4,704
(H) The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES 4,706
OCCURRING ON OR AFTER JANUARY 1, 2000, THE clerk shall accept for 4,707
filing, pursuant to Chapter 5739. of the Revised Code, an 4,709
application for a certificate of title for a manufactured home or 4,710
mobile home without requiring payment of any tax pursuant to 4,711
section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised 4,713
Code, or a receipt issued by the tax commissioner showing payment 4,714
116
of the tax. The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES 4,715
OCCURRING ON OR AFTER JANUARY 1, 2000, THE applicant shall pay to 4,716
the clerk a fee of five dollars for each certificate of title 4,718
issued by the clerk for a manufactured or mobile home. The clerk 4,719
shall credit the fee to the county title administration fund, and 4,720
the fee shall be used to pay the expenses of archiving such 4,721
certificates pursuant to division (A) of section 4505.08 and 4,723
division (H)(3) of section 4505.11 of the Revised Code. The tax 4,724
commissioner shall administer any tax on a manufactured or mobile 4,725
home pursuant to Chapters 5739. and 5741. of the Revised Code. 4,727
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 1999. 4,729
Sec. 4507.011. (A) Each deputy registrar assigned to a 4,738
driver's license examining station by the registrar of motor 4,739
vehicles as provided in section 4507.01 of the Revised Code shall 4,740
remit to the superintendent of the state highway patrol a rental 4,741
fee equal to the percentage of space occupied by the deputy 4,742
registrar in the driver's license examining station multiplied by 4,743
the rental fee paid for the entire driver's license examining 4,744
station plus a pro rata share of all utility costs. All such 4,745
moneys received by the superintendent shall be deposited in the 4,746
state treasury to the credit of the registrar rental fund, which 4,747
is hereby created. The moneys in the fund shall be used by the 4,748
state highway patrol only to pay the rent and expenses of the 4,749
driver's license examining stations. All investment earnings of 4,750
the fund shall be credited to the fund. 4,751
(B) Each deputy registrar assigned to a bureau of motor 4,753
vehicles' location shall reimburse the registrar a monthly 4,754
building rental fee, including applicable utility charges. All 4,755
such moneys received by the registrar shall be deposited into the 4,756
state treasury to the credit of the facility rentals BUREAU OF 4,757
MOTOR VEHICLES fund, which is hereby created IN SECTION 4501.25 4,759
OF THE REVISED CODE. The moneys in the fund shall be used by the 4,760
registrar to obtain or lease and maintain deputy registrar 4,761
facilities. All investment earnings of the fund shall be
117
credited to the fund. 4,762
Sec. 4507.02. (A)(1) No person, except those expressly 4,771
exempted under sections 4507.03, 4507.04, and 4507.05 of the 4,772
Revised Code, shall operate any motor vehicle upon a highway or 4,773
any public or private property used by the public for purposes of 4,774
vehicular travel or parking in this state unless the person has a 4,775
valid driver's license issued under this chapter or a commercial 4,776
driver's license issued under Chapter 4506. of the Revised Code. 4,777
(2) No person shall permit the operation of a motor 4,779
vehicle upon any public or private property used by the public 4,780
for purposes of vehicular travel or parking knowing the operator 4,781
does not have a valid driver's license issued to the operator by 4,782
the registrar of motor vehicles under this chapter or a valid 4,783
commercial driver's license issued under Chapter 4506. of the 4,784
Revised Code. 4,785
(3) No person, except a person expressly exempted under 4,787
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall 4,788
operate any motorcycle upon a highway or any public or private 4,789
property used by the public for purposes of vehicular travel or 4,790
parking in this state unless the person has a valid license as a 4,791
motorcycle operator, that was issued upon application by the 4,792
registrar under this chapter. The license shall be in the form 4,793
of an endorsement, as determined by the registrar, upon a 4,794
driver's or commercial driver's license, if the person has a 4,795
valid license to operate a motor vehicle or commercial motor 4,796
vehicle, or in the form of a restricted license as provided in 4,797
section 4507.14 of the Revised Code, if the person does not have 4,798
a valid license to operate a motor vehicle or commercial motor 4,799
vehicle. 4,800
(4) No person shall receive a driver's license, or a 4,802
motorcycle operator's endorsement of a driver's or commercial 4,803
driver's license, unless and until the person surrenders to the 4,805
registrar all valid licenses issued to the person by another 4,806
jurisdiction recognized by this state. All surrendered licenses 4,808
118
shall be returned by the registrar to the issuing authority, 4,809
together with information that a license is now issued in this 4,810
state. No person shall be permitted to have more than one valid 4,811
license at any time. 4,812
(B)(1) No person, whose driver's or commercial driver's 4,814
license or permit or nonresident's operating privilege has been 4,815
suspended or revoked pursuant to Chapter 4509. of the Revised 4,816
Code, shall operate any motor vehicle within this state, or 4,817
knowingly permit any motor vehicle owned by the person to be 4,818
operated by another person in the state, during the period of the 4,820
suspension or revocation, except as specifically authorized by 4,821
Chapter 4509. of the Revised Code. No person shall operate a 4,822
motor vehicle within this state, or knowingly permit any motor 4,823
vehicle owned by the person to be operated by another person in 4,824
the state, during the period in which the person is required by 4,826
section 4509.45 of the Revised Code to file and maintain proof of 4,828
financial responsibility for a violation of section 4509.101 of 4,829
the Revised Code, unless proof of financial responsibility is 4,830
maintained with respect to that vehicle. 4,831
(2) No person shall operate any motor vehicle upon a 4,833
highway or any public or private property used by the public for 4,834
purposes of vehicular travel or parking in this state in 4,835
violation of any restriction of the person's driver's or 4,836
commercial driver's license imposed under division (D) of section 4,837
4506.10 or section 4507.14 of the Revised Code. 4,838
(C) No person, whose driver's or commercial driver's 4,840
license or permit has been suspended pursuant to section 4,841
4511.191, section 4511.196, or division (B) of section 4507.16 of 4,842
the Revised Code, shall operate any motor vehicle within this 4,843
state until the person has paid the license reinstatement fee 4,844
required pursuant to division (L) of section 4511.191 of the 4,846
Revised Code and the license or permit has been returned to the 4,847
person or a new license or permit has been issued to the person. 4,848
(D)(1) No person, whose driver's or commercial driver's 4,850
119
license or permit or nonresident operating privilege has been 4,851
suspended or revoked under any provision of the Revised Code 4,852
other than Chapter 4509. of the Revised Code or under any 4,853
applicable law in any other jurisdiction in which the person's 4,854
license or permit was issued, shall operate any motor vehicle 4,855
upon the highways or streets within this state during the period 4,856
of the suspension or within one year after the date of the 4,857
revocation. No person who is granted occupational driving 4,858
privileges by any court shall operate any motor vehicle upon the 4,859
highways or streets in this state except in accordance with the 4,860
terms of the privileges. 4,861
(2) No person, whose driver's or commercial driver's 4,863
license or permit or nonresident operating privilege has been 4,864
suspended under division (B) of section 4507.16 of the Revised 4,865
Code, shall operate any motor vehicle upon the highways or 4,866
streets within this state during the period of suspension. No 4,867
person who is granted occupational driving privileges by any 4,868
court shall operate any motor vehicle upon the highways or 4,869
streets in this state except in accordance with the terms of 4,870
those privileges. 4,871
(E)(1) It is an affirmative defense to any prosecution 4,873
brought pursuant to division (B), (C), or (D) of this section 4,874
that the alleged offender drove under suspension or in violation 4,875
of a restriction because of a substantial emergency, provided 4,876
that no other person was reasonably available to drive in 4,877
response to the emergency. 4,878
(2) IT IS AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION 4,880
BROUGHT PURSUANT TO DIVISION (B)(1) OF THIS SECTION THAT THE 4,881
ORDER OF SUSPENSION RESULTED FROM THE FAILURE OF THE ALLEGED 4,882
OFFENDER TO RESPOND TO A FINANCIAL RESPONSIBILITY RANDOM 4,883
VERIFICATION REQUEST UNDER DIVISION (A)(3)(c) OF SECTION 4509.101 4,884
OF THE REVISED CODE AND THAT, UPON A SHOWING OF PROOF OF 4,887
FINANCIAL RESPONSIBILITY, THE ALLEGED OFFENDER WAS IN COMPLIANCE 4,888
WITH DIVISION (A)(1) OF SECTION 4509.101 OF THE REVISED CODE AT 4,889
120
THE TIME OF THE INITIAL FINANCIAL RESPONSIBILITY RANDOM 4,891
VERIFICATION REQUEST.
(F)(1) If a person is convicted of a violation of division 4,893
(B), (C), or (D) of this section, the trial judge of any court, 4,894
in addition to or independent of, any other penalties provided by 4,895
law or ordinance, shall impound the identification license plates 4,896
of any motor vehicle registered in the name of the person. The 4,897
court shall send the impounded license plates to the registrar, 4,898
who may retain the license plates until the driver's or 4,899
commercial driver's license of the owner has been reinstated or 4,900
destroy them pursuant to section 4503.232 of the Revised Code. 4,901
If the license plates of a person convicted of a violation 4,903
of division (B), (C), or (D) of this section have been impounded 4,904
in accordance with the provisions of this division, the court 4,905
shall notify the registrar of that action. The notice shall 4,906
contain the name and address of the driver, the serial number of 4,907
the driver's driver's or commercial driver's license, the serial 4,909
numbers of the license plates of the motor vehicle, and the 4,910
length of time for which the license plates have been impounded. 4,911
The registrar shall record the data in the notice as part of the 4,912
driver's permanent record. 4,913
(2) Any motor vehicle owner who has had the license plates 4,915
of a motor vehicle impounded pursuant to division (F)(1) of this 4,916
section may apply to the registrar, or to a deputy registrar, for 4,917
special license plates which shall conform to the requirements of 4,918
section 4503.231 of the Revised Code. The registrar or deputy 4,919
registrar forthwith shall notify the court of the application 4,920
and, upon approval of the court, shall issue special license 4,921
plates to the applicant. Until the driver's or commercial 4,922
driver's license of the owner is reinstated, any new license 4,923
plates issued to the owner also shall conform to the requirements 4,925
of section 4503.231 of the Revised Code. 4,926
The registrar or deputy registrar shall charge the owner of 4,929
a vehicle the fees provided in section 4503.19 of the Revised 4,930
121
Code for special license plates that are issued in accordance 4,931
with this division, except upon renewal as specified in section 4,932
4503.10 of the Revised Code, when the regular fee as provided in 4,933
section 4503.04 of the Revised Code shall be charged. The 4,934
registrar or deputy registrar shall charge the owner of a vehicle 4,936
the fees provided in section 4503.19 of the Revised Code whenever
special license plates are exchanged, by reason of the 4,937
reinstatement of the driver's or commercial driver's license of 4,938
the owner, for those ordinarily issued. 4,939
(3) If an owner wishes to sell a motor vehicle during the 4,941
time the special license plates provided under division (F)(2) of 4,942
this section are in use, the owner may apply to the court that 4,944
impounded the license plates of the motor vehicle for permission 4,945
to transfer title to the motor vehicle. If the court is 4,946
satisfied that the sale will be made in good faith and not for 4,947
the purpose of circumventing the provisions of this section, it 4,948
may certify its consent to the owner and to the registrar of 4,949
motor vehicles who shall enter notice of the transfer of the 4,950
title of the motor vehicle in the vehicle registration record. 4,951
If, during the time the special license plates provided 4,953
under division (F)(2) of this section are in use, the title to a 4,954
motor vehicle is transferred by the foreclosure of a chattel 4,955
mortgage, a sale upon execution, the cancellation of a 4,956
conditional sales contract, or by order of a court, the court 4,957
shall notify the registrar of the action and the registrar shall 4,958
enter notice of the transfer of the title to the motor vehicle in 4,959
the vehicle registration record. 4,960
(G) This section is not intended to change or modify any 4,962
provision of Chapter 4503. of the Revised Code with respect to 4,963
the taxation of motor vehicles or the time within which the taxes 4,964
on motor vehicles shall be paid. 4,965
Sec. 4509.101. (A)(1) No person shall operate, or permit 4,974
the operation of, a motor vehicle in this state, unless proof of 4,975
financial responsibility is maintained continuously throughout 4,976
122
the registration period with respect to that vehicle, or, in the 4,977
case of a driver who is not the owner, with respect to that 4,978
driver's operation of that vehicle. 4,979
(2) Whoever violates division (A)(1) of this section shall 4,981
be subject to the following civil penalties: 4,982
(a) Suspension of the person's operating privileges and 4,984
impoundment of the person's license until the person complies 4,985
with division (A)(5) of this section. The suspension shall be 4,986
for a period of not less than ninety days except that if, within 4,987
five years of the violation, the person's operating privileges 4,988
are again suspended and the person's license is impounded one or 4,990
more times for a violation of division (A)(1) of this section, 4,991
the suspension shall be for a period of not less than one year. 4,992
Except as provided by section 4509.105 of the Revised Code, the 4,993
suspension is not subject to revocation, suspension, or 4,994
occupational or other limited operating privileges. 4,995
(b) In addition to the suspension of an owner's license 4,997
under division (A)(2)(a) of this section, the suspension of the 4,998
rights of the owner to register the motor vehicle and the 4,999
impoundment of the owner's certificate of registration and 5,000
license plates until the owner complies with division (A)(5) of 5,002
this section.
(3) A person to whom this state has issued a certificate 5,004
of registration for a motor vehicle or a license to operate a 5,005
motor vehicle or who is determined to have operated any motor 5,006
vehicle or permitted the operation in this state of a motor 5,007
vehicle owned by the person shall be required to verify the 5,008
existence of proof of financial responsibility covering the 5,009
operation of the motor vehicle or the person's operation of the 5,010
motor vehicle under any of the following circumstances: 5,011
(a) The person or a motor vehicle owned by the person is 5,013
involved in a traffic accident that requires the filing of an 5,014
accident report under section 4509.06 of the Revised Code. 5,015
(b) The person receives a traffic ticket indicating that 5,017
123
proof of the maintenance of financial responsibility was not 5,018
produced upon the request of a peace officer or state highway 5,019
patrol trooper made in accordance with division (D)(2) of this 5,021
section.
(c) Whenever, in accordance with rules adopted by the 5,023
registrar, the person is randomly selected by the registrar and 5,024
requested to provide such verification. 5,025
(4) An order of the registrar that suspends and impounds a 5,028
license or registration, or both, shall state the date on or 5,029
before which the person is required to surrender the person's 5,030
license or certificate of registration and license plates. The 5,031
person is deemed to have surrendered the license or certificate 5,032
of registration and license plates, in compliance with the order, 5,034
if the person does either of the following:
(a) On or before the date specified in the order, 5,036
personally delivers the license or certificate of registration 5,037
and license plates, or causes the delivery of the items, to the 5,039
registrar;
(b) Mails the license or certificate of registration and 5,041
license plates to the registrar in an envelope or container 5,042
bearing a postmark showing a date no later than the date 5,044
specified in the order.
(5) The EXCEPT AS PROVIDED IN DIVISION (A)(6) OF THIS 5,046
SECTION, THE registrar shall not restore any operating privileges 5,048
or registration rights suspended under this section, return any 5,049
license, certificate of registration, or license plates impounded 5,050
under this section, or reissue license plates under section 5,051
4503.232 of the Revised Code, if the registrar destroyed the 5,052
impounded license plates under that section, or reissue a license 5,053
under section 4507.54 of the Revised Code, if the registrar 5,054
destroyed the suspended license under that section, unless the 5,055
rights are not subject to suspension or revocation under any 5,056
other law and unless the person, in addition to complying with 5,057
all other conditions required by law for reinstatement of the 5,058
124
operating privileges or registration rights, complies with all of 5,059
the following:
(a) Pays a financial responsibility reinstatement fee of 5,061
seventy-five dollars for the first violation of division (A)(1) 5,062
of this section, two hundred fifty dollars for a second violation 5,063
of that division, and five hundred dollars for a third or 5,064
subsequent violation of that division; 5,065
(b) If the person has not voluntarily surrendered the 5,067
license, certificate, or license plates in compliance with the 5,068
order, pays a financial responsibility nonvoluntary compliance 5,069
fee in an amount, not to exceed fifty dollars, determined by the 5,070
registrar;
(c) Files and continuously maintains proof of financial 5,072
responsibility under sections 4509.44 to 4509.65 of the Revised 5,073
Code. 5,074
(6) IF THE REGISTRAR ISSUES AN ORDER UNDER DIVISION (A)(2) 5,077
OF THIS SECTION RESULTING FROM THE FAILURE OF A PERSON TO RESPOND 5,078
TO A FINANCIAL RESPONSIBILITY RANDOM VERIFICATION REQUEST UNDER 5,079
DIVISION (A)(3)(c) OF THIS SECTION AND THE PERSON SUCCESSFULLY 5,081
MAINTAINS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SECTION 5,082
4507.02 OF THE REVISED CODE OR IS DETERMINED BY THE REGISTRAR OR 5,083
A DEPUTY REGISTRAR TO HAVE BEEN IN COMPLIANCE WITH DIVISION 5,084
(A)(1) OF THIS SECTION AT THE TIME OF THE INITIAL FINANCIAL 5,085
RESPONSIBILITY RANDOM VERIFICATION REQUEST, THE REGISTRAR SHALL 5,087
DO BOTH OF THE FOLLOWING:
(a) TERMINATE THE ORDER OF SUSPENSION OR IMPOUNDMENT; 5,089
(b) RESTORE THE OPERATING PRIVILEGES AND REGISTRATION 5,091
RIGHTS OF THE PERSON WITHOUT PAYMENT OF THE FEES ESTABLISHED IN 5,092
DIVISIONS (A)(5)(a) AND (b) OF THIS SECTION AND WITHOUT A 5,094
REQUIREMENT TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
(B)(1) Every party required to file an accident report 5,097
under section 4509.06 of the Revised Code also shall include with 5,098
the report a document described in division (G)(1) of this
section. 5,099
125
If the registrar determines, within forty-five days after 5,101
the report is filed, that an operator or owner has violated 5,102
division (A)(1) of this section, the registrar shall do all of 5,103
the following: 5,104
(a) Order the impoundment, with respect to the motor 5,106
vehicle involved, required under division (A)(2)(b) of this 5,107
section, of the certificate of registration and license plates of 5,109
any owner who has violated division (A)(1) of this section; 5,110
(b) Order the suspension required under division (A)(2)(a) 5,112
of this section of the license of any operator or owner who has 5,113
violated division (A)(1) of this section; 5,114
(c) Record the name and address of the person whose 5,116
certificate of registration and license plates have been 5,117
impounded or are under an order of impoundment, or whose license 5,118
has been suspended or is under an order of suspension; the serial 5,119
number of the person's license; the serial numbers of the 5,121
person's certificate of registration and license plates; and the 5,122
person's social security account number, if assigned, or, where 5,123
the motor vehicle is used for hire or principally in connection 5,124
with any established business, the person's federal taxpayer 5,125
identification number. The information shall be recorded in such 5,126
a manner that it becomes a part of the person's permanent record, 5,127
and assists the registrar in monitoring compliance with the 5,128
orders of suspension or impoundment. 5,129
(d) Send written notification to every person to whom the 5,131
order pertains, at the person's last known address as shown on 5,132
the records of the bureau. The person, within ten days after the 5,134
date of the mailing of the notification, shall surrender to the 5,135
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates 5,136
under an order of impoundment, or any license under an order of 5,137
suspension. 5,138
(2) The registrar shall issue any order under division 5,140
(B)(1) of this section without a hearing. Any person adversely 5,142
126
affected by the order, within ten days after the issuance of the 5,144
order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a 5,145
hearing in accordance with this paragraph. A request for a 5,146
hearing does not operate as a suspension of the order. The scope 5,147
of the hearing shall be limited to whether the person in fact 5,148
demonstrated to the registrar proof of financial responsibility 5,149
in accordance with this section. The registrar shall determine 5,150
the date, time, and place of any hearing, provided that the 5,151
hearing shall be held, and an order issued or findings made, 5,152
within thirty days after the registrar receives a request for a 5,153
hearing. If requested by the person in writing, the registrar 5,154
may designate as the place of hearing the county seat of the 5,155
county in which the person resides or a place within fifty miles 5,156
of the person's residence. The person shall pay the cost of the 5,157
hearing before the registrar, if the registrar's order of 5,158
suspension or impoundment is upheld. 5,159
(C) Any order of suspension or impoundment issued under 5,161
this section or division (B) of section 4509.37 of the Revised 5,162
Code may be terminated at any time if the registrar determines 5,163
upon a showing of proof of financial responsibility that the 5,164
operator or owner of the motor vehicle was in compliance with 5,165
division (A)(1) of this section at the time of the traffic 5,166
offense, motor vehicle inspection, or accident that resulted in 5,168
the order against the person. A determination may be made 5,169
without a hearing. This division does not apply unless the 5,170
person shows good cause for the person's failure to present 5,171
satisfactory proof of financial responsibility to the registrar 5,173
prior to the issuance of the order.
(D)(1) For the purpose of enforcing this section, every 5,175
peace officer is deemed an agent of the registrar. Any 5,176
(a) EXCEPT AS PROVIDED IN DIVISION (D)(1)(b) OF THIS 5,179
SECTION, ANY peace officer who, in the performance of the peace 5,180
officer's duties as authorized by law, becomes aware of a person 5,182
127
whose license is under an order of suspension, or whose 5,183
certificate of registration and license plates are under an order 5,184
of impoundment, pursuant to this section, may confiscate the 5,185
license, certificate of registration, and license plates, and 5,186
return them to the registrar. 5,187
(b) ANY PEACE OFFICER WHO, IN THE PERFORMANCE OF THE PEACE 5,189
OFFICER'S DUTIES AS AUTHORIZED BY LAW, BECOMES AWARE OF A PERSON 5,190
WHOSE LICENSE IS UNDER AN ORDER OF SUSPENSION, OR WHOSE 5,192
CERTIFICATE OF REGISTRATION AND LICENSE PLATES ARE UNDER AN ORDER 5,193
OF IMPOUNDMENT RESULTING FROM FAILURE TO RESPOND TO A FINANCIAL 5,194
RESPONSIBILITY RANDOM VERIFICATION, SHALL NOT, FOR THAT REASON, 5,195
ARREST THE OWNER OR OPERATOR OR SEIZE THE VEHICLE OR LICENSE 5,196
PLATES. INSTEAD, THE PEACE OFFICER SHALL ISSUE A CITATION FOR A
VIOLATION OF DIVISION (B)(1) OF SECTION 4507.02 OF THE REVISED 5,198
CODE SPECIFYING THE CIRCUMSTANCES AS FAILURE TO RESPOND TO A 5,199
FINANCIAL RESPONSIBILITY RANDOM VERIFICATION. 5,200
(2) A peace officer shall request the owner or operator of 5,202
a motor vehicle to produce proof of financial responsibility in a 5,203
manner described in division (G) of this section at the time the 5,205
peace officer acts to enforce the traffic laws of this state and 5,206
during motor vehicle inspections conducted pursuant to section 5,207
4513.02 of the Revised Code. 5,208
(3) A peace officer shall indicate on every traffic ticket 5,210
whether the person receiving the traffic ticket produced proof of 5,211
the maintenance of financial responsibility in response to the 5,212
officer's request under division (D)(2) of this section. The 5,214
peace officer shall inform every person who receives a traffic 5,215
ticket and who has failed to produce proof of the maintenance of 5,218
financial responsibility that the person must submit proof to the 5,219
traffic violations bureau with any payment of a fine and costs 5,220
for the ticketed violation or, if the person is to appear in 5,221
court for the violation, the person must submit proof to the 5,223
court.
(4)(a) If a person who has failed to produce proof of the 5,227
128
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present 5,228
evidence of proof of financial responsibility to the court at 5,230
such time and in such manner as the court determines to be 5,231
necessary or appropriate. The clerk of courts shall provide the 5,232
registrar with the identity of any person who fails to submit 5,233
proof of the maintenance of financial responsibility pursuant to 5,234
division (D)(3) of this section. 5,235
(b) If a person who has failed to produce proof of the 5,237
maintenance of financial responsibility also fails to submit that 5,238
proof to the traffic violations bureau with payment of a fine and 5,239
costs for the ticketed violation, the traffic violations bureau 5,240
shall notify the registrar of the identity of that person. 5,241
(5)(a) Upon receiving notice from a clerk of courts or 5,243
traffic violations bureau pursuant to division (D)(4) of this 5,244
section, the registrar shall order the suspension of the license 5,246
of the person required under division (A)(2)(a) of this section 5,247
and the impoundment of the person's certificate of registration 5,248
and license plates required under division (A)(2)(b) of this 5,249
section, effective thirty days after the date of the mailing of 5,250
notification. The registrar also shall notify the person that 5,252
the person must present the registrar with proof of financial
responsibility in accordance with this section, surrender to the 5,253
registrar the person's certificate of registration, license 5,255
plates, and license, or submit a statement subject to section 5,256
2921.13 of the Revised Code that the person did not operate or 5,257
permit the operation of the motor vehicle at the time of the 5,259
offense. Notification shall be in writing and shall be sent to 5,261
the person at the person's last known address as shown on the 5,262
records of the bureau of motor vehicles. The person, within 5,263
fifteen days after the date of the mailing of notification, shall 5,264
present proof of financial responsibility, surrender the 5,265
certificate of registration, license plates, and license to the 5,266
registrar in a manner set forth in division (A)(4) of this 5,268
129
section, or submit the statement required under this section 5,269
together with other information the person considers appropriate. 5,270
If the registrar does not receive proof or the person does 5,273
not surrender the certificate of registration, license plates, 5,274
and license, in accordance with this division, the registrar 5,275
shall permit the order for the suspension of the license of the 5,277
person and the impoundment of the person's certificate of 5,280
registration and license plates to take effect. 5,281
(b) In the case of a person who presents, within the 5,283
fifteen-day period, documents to show proof of financial 5,284
responsibility, the registrar shall terminate the order of 5,285
suspension and the impoundment of the registration and license 5,286
plates required under division (A)(2)(b) of this section and 5,287
shall send written notification to the person, at the person's 5,288
last known address as shown on the records of the bureau. license 5,289
(c) Any person adversely affected by the order of the 5,291
registrar under division (D)(5)(a) or (b) of this section, within 5,293
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide 5,294
the person with an opportunity for a hearing in accordance with 5,295
this paragraph. A request for a hearing does not operate as a 5,296
suspension of the order. The scope of the hearing shall be 5,297
limited to whether the person in fact demonstrated to the 5,298
registrar proof of financial responsibility in accordance with 5,299
this section. The registrar shall determine the date, time, and 5,300
place of any hearing; provided, that the hearing shall be held, 5,301
and an order issued or findings made, within thirty days after 5,302
the registrar receives a request for a hearing. If requested by 5,303
the person in writing, the registrar may designate as the place 5,304
of hearing the county seat of the county in which the person 5,305
resides or a place within fifty miles of the person's residence. 5,306
Such person shall pay the cost of the hearing before the 5,307
registrar, if the registrar's order of suspension or impoundment 5,308
under division (D)(5)(a) or (b) of this section is upheld. 5,309
130
(6) A peace officer may charge an owner or operator of a 5,311
motor vehicle with a violation of division (B)(1) of section 5,312
4507.02 of the Revised Code when the owner or operator fails to 5,313
show proof of the maintenance of financial responsibility 5,314
pursuant to a peace officer's request under division (D)(2) of 5,316
this section, if a check of the owner or operator's driving
record indicates that the owner or operator, at the time of the 5,317
operation of the motor vehicle, is required to file and maintain 5,318
proof of financial responsibility under section 4509.45 of the 5,319
Revised Code for a previous violation of this chapter. 5,320
(7) Any forms used by law enforcement agencies in 5,322
administering this section shall be prescribed, supplied, and 5,323
paid for by the registrar. 5,324
(8) No peace officer, law enforcement agency employing a 5,326
peace officer, or political subdivision or governmental agency 5,327
that employs a peace officer shall be liable in a civil action 5,328
for damages or loss to persons arising out of the performance of 5,329
any duty required or authorized by this section. 5,330
(9) As used in this division and divisions (E) and (G) of 5,333
this section, "peace officer" has the meaning set forth in 5,334
section 2935.01 of the Revised Code. 5,335
(E) All fees, except court costs, collected under this 5,337
section shall be paid into the state treasury to the credit of 5,338
the financial responsibility compliance fund. The financial 5,339
responsibility compliance fund shall be used exclusively to cover 5,340
costs incurred by the bureau in the administration of this 5,341
section and sections 4503.20, 4507.212, and 4509.81 of the 5,342
Revised Code, and by any law enforcement agency employing any 5,343
peace officer who returns any license, certificate of 5,344
registration, and license plates to the registrar pursuant to 5,346
division (C) of this section, except that the director of budget 5,348
and management may transfer excess money from the financial 5,349
responsibility compliance fund to the state bureau of motor 5,350
vehicles fund if the registrar determines that the amount of
131
money in the financial responsibility compliance fund exceeds the 5,352
amount required to cover such costs incurred by the bureau or a 5,353
law enforcement agency and requests the director to make the 5,354
transfer. 5,355
All investment earnings of the financial responsibility 5,357
compliance fund shall be credited to the fund. 5,358
(F) Chapter 119. of the Revised Code applies to this 5,360
section only to the extent that any provision in that chapter is 5,361
not clearly inconsistent with this section. 5,362
(G)(1) The registrar, court, traffic violations bureau, or 5,365
peace officer may require proof of financial responsibility to be 5,366
demonstrated by use of a standard form prescribed by the 5,367
registrar. If the use of a standard form is not required, a 5,368
person may demonstrate proof of financial responsibility under 5,369
this section by presenting to the traffic violations bureau, 5,370
court, registrar, or peace officer any of the following documents 5,371
or a copy of the documents: 5,372
(a) A financial responsibility identification card as 5,374
provided in section 4509.104 of the Revised Code; 5,375
(b) A certificate of proof of financial responsibility on 5,377
a form provided and approved by the registrar for the filing of 5,378
an accident report required to be filed under section 4509.06 of 5,379
the Revised Code; 5,380
(c) A policy of liability insurance, a declaration page of 5,382
a policy of liability insurance, or liability bond, if the policy 5,383
or bond complies with section 4509.20 or sections 4509.49 to 5,384
4509.61 of the Revised Code; 5,385
(d) A bond or certification of the issuance of a bond as 5,387
provided in section 4509.59 of the Revised Code; 5,388
(e) A certificate of deposit of money or securities as 5,390
provided in section 4509.62 of the Revised Code; 5,391
(f) A certificate of self-insurance as provided in section 5,393
4509.72 of the Revised Code. 5,394
(2) If a person fails to demonstrate proof of financial 5,396
132
responsibility in a manner described in division (G)(1) of this 5,398
section, the person may demonstrate proof of financial 5,399
responsibility under this section by any other method that the 5,400
court or the bureau, by reason of circumstances in a particular 5,401
case, may consider appropriate. 5,402
(3) A motor carrier certificated by the interstate 5,404
commerce commission or by the public utilities commission may 5,405
demonstrate proof of financial responsibility by providing a 5,406
statement designating the motor carrier's operating authority and 5,407
averring that the insurance coverage required by the 5,408
certificating authority is in full force and effect. 5,409
(4)(a) A finding by the registrar or court that a person 5,411
is covered by proof of financial responsibility in the form of an 5,412
insurance policy or surety bond is not binding upon the named 5,413
insurer or surety or any of its officers, employees, agents, or 5,414
representatives and has no legal effect except for the purpose of 5,415
administering this section. 5,416
(b) The preparation and delivery of a financial 5,418
responsibility identification card or any other document 5,419
authorized to be used as proof of financial responsibility under 5,420
this division does not do any of the following: 5,421
(i) Create any liability or estoppel against an insurer or 5,423
surety, or any of its officers, employees, agents, or 5,424
representatives; 5,425
(ii) Constitute an admission of the existence of, or of 5,427
any liability or coverage under, any policy or bond; 5,428
(iii) Waive any defenses or counterclaims available to an 5,430
insurer, surety, agent, employee, or representative in an action 5,431
commenced by an insured or third-party claimant upon a cause of 5,432
action alleged to have arisen under an insurance policy or surety 5,433
bond or by reason of the preparation and delivery of a document 5,434
for use as proof of financial responsibility. 5,435
(c) Whenever it is determined by a final judgment in a 5,437
judicial proceeding that an insurer or surety, which has been 5,438
133
named on a document accepted by a court or the registrar as proof 5,439
of financial responsibility covering the operation of a motor 5,440
vehicle at the time of an accident or offense, is not liable to 5,441
pay a judgment for injuries or damages resulting from such 5,442
operation, the registrar, notwithstanding any previous contrary 5,444
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was 5,445
rendered as provided in division (A)(2) of this section. 5,446
(H) In order for any document described in division 5,448
(G)(1)(b) of this section to be used for the demonstration of 5,450
proof of financial responsibility under this section, the 5,451
document shall state the name of the insured or obligor, the name 5,452
of the insurer or surety company, and the effective and 5,453
expiration dates of the financial responsibility, and designate 5,454
by explicit description or by appropriate reference all motor 5,455
vehicles covered which may include a reference to fleet insurance 5,456
coverage. 5,457
(I) For purposes of this section, "owner" does not include 5,459
a licensed motor vehicle leasing dealer as defined in section 5,460
4517.01 of the Revised Code, but does include a motor vehicle 5,461
renting dealer as defined in section 4549.65 of the Revised Code. 5,463
Nothing in this section or in section 4509.51 of the Revised Code 5,464
shall be construed to prohibit a motor vehicle renting dealer 5,465
from entering into a contractual agreement with a person whereby 5,466
the person renting the motor vehicle agrees to be solely 5,467
responsible for maintaining proof of financial responsibility, in 5,469
accordance with this section, with respect to the operation, 5,470
maintenance, or use of the motor vehicle during the period of the 5,472
motor vehicle's rental.
(J) The purpose of this section is to require the 5,474
maintenance of proof of financial responsibility with respect to 5,475
the operation of motor vehicles on the highways of this state, so 5,476
as to minimize those situations in which persons are not 5,477
compensated for injuries and damages sustained in motor vehicle 5,478
134
accidents. The general assembly finds that this section contains 5,479
reasonable civil penalties and procedures for achieving this 5,480
purpose. 5,481
(K) Nothing in this section shall be construed to be 5,483
subject to section 4509.78 of the Revised Code. 5,484
(L) The registrar shall adopt rules in accordance with 5,486
Chapter 119. of the Revised Code that are necessary to administer 5,487
and enforce this section. The rules shall include procedures for 5,488
the surrender of license plates upon failure to maintain proof of 5,490
financial responsibility and provisions relating to reinstatement 5,491
of registration rights, acceptable forms of proof of financial 5,492
responsibility, and verification of the existence of financial 5,493
responsibility during the period of registration.
Sec. 4561.021. There is hereby created in the division of 5,503
transportation assistance MULTI-MODAL PLANNING AND PROGRAMS of 5,504
the department of transportation the office of aviation. The 5,506
director of transportation shall appoint the administrator of the 5,508
office of aviation, who shall serve at the pleasure of the 5,509
director. The administrator of the office of aviation shall be 5,510
responsible to the director for the organization, direction, and 5,511
supervision of the work of the office and the exercise of the 5,512
powers and the performance of the duties assigned to the office. 5,513
Subject to Chapter 124. of the Revised Code and civil service 5,514
regulations, the administrator, with the approval of the
director, shall select and appoint the necessary employees. The 5,515
director also may employ experts for assistance in any specific 5,516
matter at a reasonable rate of compensation. 5,517
Sec. 4561.20. Upon transfer of the title to any aircraft 5,526
upon which the current license tax has been paid, the transferor 5,527
shall deliver to the transferee the certificate of registration 5,528
for such THE aircraft. The EXPIRES, AND THE transferee shall 5,530
within forty-eight hours thereafter, return such SUBMIT AN
APPLICATION FOR A NEW certificate of registration to the director 5,532
of transportation, together with an. THE application for 5,534
135
transfer THE NEW CERTIFICATE of registration on a form prepared 5,535
by the department of transportation showing the date of transfer 5,536
of title and the transferee's name and address. A transfer fee 5,537
of one dollar shall accompany such application BE MADE IN 5,538
ACCORDANCE WITH SECTION 4561.18 OF THE REVISED CODE, AND THE
TRANSFEREE SHALL PAY THE APPLICABLE LICENSE TAX SPECIFIED IN THAT 5,539
SECTION.
Sec. 4561.341. Pursuant to any consultation with the power 5,548
siting board regarding an application for certification under 5,549
section 4906.03 or 4906.10 of the Revised Code, the office of 5,550
aviation of the division of transportation assistance MULTI-MODAL 5,552
PLANNING AND PROGRAMS of the department of transportation shall 5,553
review the application to determine whether the facility 5,554
constitutes or will constitute an obstruction to air navigation 5,555
based upon the rules adopted under section 4561.32 of the Revised 5,556
Code. Upon review of the application, if the office determines 5,557
that the facility constitutes or will constitute an obstruction 5,558
to air navigation, it shall provide, in writing, this 5,559
determination and either the terms, conditions, and modifications 5,560
that are necessary for the applicant to eliminate the obstruction 5,561
or a statement that compliance with the obstruction standards may 5,562
be waived, to the power siting board under section 4906.03 or 5,563
4906.10 of the Revised Code, as appropriate. 5,564
Sec. 4563.01. As used in sections 4563.01 to 4563.21 of 5,573
the Revised Code: 5,575
(A) "Airport" means any area of land designed and set 5,577
aside for the landing and taking off of aircraft, and for that 5,578
purpose possessing one or more hard surfaced runways of a length 5,579
of not less than three thousand five hundred feet, and designed 5,581
for the storing, repair, and operation of aircraft, and utilized
or to be utilized in the interest of the public for such 5,582
purposes, and any area of land designed for such purposes for 5,584
which designs, plans, and specifications conforming to the above 5,586
requirements have been approved by the office of aviation of the 5,588
136
division of transportation assistance MULTI-MODAL PLANNING AND 5,589
PROGRAMS of the department of transportation and for which not 5,590
less than seventy per cent of the area shown by such designs and 5,592
plans to constitute the total area has been acquired. An airport
is "publicly owned" if the portion thereof used for the landing 5,593
and taking off of aircraft is owned, operated, leased to, or 5,594
leased by the United States, any agency or department thereof, 5,595
this state or any other state, or any political subdivision of 5,596
this state or any other state, or any other governmental body,
public agency, or public corporation, or any combination thereof. 5,597
(B) "Airport hazard" means any structure or object of 5,599
natural growth or use of land within an airport hazard area that 5,601
obstructs the air space required for the flight of aircraft in 5,603
landing or taking off at any airport or is otherwise hazardous to 5,604
such landing or taking off of aircraft.
(C) "Airport hazard area" means any area of land adjacent 5,606
to an airport that has been declared to be an "airport hazard 5,608
area" by the office of aviation in connection with any airport 5,610
approach plan recommended by the office. 5,611
(D) "Political subdivision" means any municipal 5,613
corporation, township, or county. 5,614
(E) "Person" means any individual, firm, copartnership, 5,616
corporation, company, association, joint stock association, or 5,617
body politic and includes any trustee, receiver, assignee, or 5,619
other similar representative thereof.
(F) "Structure" means any erected object, including, 5,621
without limitation, buildings, towers, smokestacks, and overhead 5,623
transmission lines.
Sec. 4906.10. (A) The power siting board shall render a 5,632
decision upon the record either granting or denying the 5,633
application as filed, or granting it upon such terms, conditions, 5,634
or modifications of the construction, operation, or maintenance 5,635
of the major utility facility as the board considers appropriate. 5,636
The certificate shall be conditioned upon the facility being in 5,637
137
compliance with standards and rules adopted under sections 5,638
1501.33, 1501.34, and 4561.32 and Chapters 3704., 3734., and 5,639
6111. of the Revised Code. The period of initial operation, 5,640
under a certificate, shall expire two years after the date on 5,641
which electric power is first generated by the facility. During 5,642
the period of initial operation, the facility shall be subject to 5,643
the enforcement and monitoring powers of the director of 5,644
environmental protection under Chapters 3704., 3734., and 6111. 5,645
of the Revised Code and to the emergency provisions thereunder 5,646
UNDER THOSE CHAPTERS. If a major utility facility constructed in 5,648
accordance with the terms and conditions of its certificate is 5,649
unable to operate in compliance with all applicable requirements 5,650
of state laws, rules, and standards pertaining to air pollution, 5,651
the facility may apply to the director of environmental 5,652
protection for a conditional operating permit under division (G) 5,653
of section 3704.03 of the Revised Code and the rules adopted 5,654
thereunder. The operation of a major utility facility in 5,655
compliance with such a conditional operating permit is not in 5,656
violation of its certificate. After the expiration of the period 5,657
of initial operation of a major utility facility, the facility 5,658
shall be under the jurisdiction of the environmental protection 5,659
agency and shall comply with all laws, rules, and standards 5,660
pertaining to air pollution, water pollution, and solid and 5,661
hazardous waste disposal.
The board shall not grant a certificate for the 5,663
construction, operation, and maintenance of a major utility 5,664
facility, either as proposed or as modified by the board, unless 5,665
it finds and determines all of the following: 5,666
(1) The basis of the need for the facility; 5,668
(2) The nature of the probable environmental impact; 5,670
(3) That the facility represents the minimum adverse 5,672
environmental impact, considering the state of available 5,673
technology and the nature and economics of the various 5,674
alternatives, and other pertinent considerations; 5,675
138
(4) In the case of an electric transmission line, that the 5,677
facility is consistent with regional plans for expansion of the 5,678
electric power grid of the electric systems serving this state 5,679
and interconnected utility systems and that the facility will 5,680
serve the interests of electric system economy and reliability; 5,681
(5) That the facility will comply with Chapters 3704., 5,683
3734., and 6111. of the Revised Code and all rules and standards 5,684
adopted under those chapters and under sections 1501.33, 1501.34, 5,685
and 4561.32 of the Revised Code. In determining whether the 5,686
facility will comply with all rules and standards adopted under 5,687
section 4561.32 of the Revised Code, the board shall consult with 5,688
the office of aviation of the division of transportation 5,690
assistance MULTI-MODAL PLANNING AND PROGRAMS of the department of 5,691
transportation under section 4561.341 of the Revised Code. 5,692
(6) That the facility will serve the public interest, 5,694
convenience, and necessity; 5,695
(7) In addition to the provisions contained in divisions 5,697
(A)(1) to (6) of this section, and rules adopted thereunder UNDER 5,699
THOSE DIVISIONS, what its impact will be on the viability as 5,700
agricultural land of any land in an existing agricultural 5,701
district established under Chapter 929. of the Revised Code that 5,702
is located within the site and alternative site of the proposed 5,703
major utility facility. Rules adopted to evaluate impact under 5,704
division (A)(7) of this section shall not require the 5,705
compilation, creation, submission, or production of any 5,706
information, document, or other data pertaining to land not 5,707
located within the site and alternative site. 5,708
(8) That the facility incorporates maximum feasible water 5,710
conservation practices as determined by the board, considering 5,711
available technology and the nature and economics of the various 5,712
alternatives. 5,713
(B) If the board determines that the location of all or a 5,715
part of the proposed facility should be modified, it may 5,716
condition its certificate upon that modification, provided that 5,717
139
the municipal corporations and counties, and persons residing 5,718
therein, affected by the modification shall have been given 5,719
reasonable notice thereof. 5,720
(C) A copy of the decision and any opinion issued 5,722
therewith shall be served upon each party. 5,723
Sec. 5301.234. (A) ANY RECORDED MORTGAGE IS IRREBUTTABLY 5,725
PRESUMED TO BE PROPERLY EXECUTED, REGARDLESS OF ANY ACTUAL OR 5,727
ALLEGED DEFECT IN THE WITNESSING OR ACKNOWLEDGMENT ON THE 5,729
MORTGAGE, UNLESS ONE OF THE FOLLOWING APPLIES:
(1) THE MORTGAGOR, UNDER OATH, DENIES SIGNING THE 5,731
MORTGAGE.
(2) THE MORTGAGOR IS NOT AVAILABLE, BUT THERE IS OTHER 5,733
SWORN EVIDENCE OF A FRAUD UPON THE MORTGAGOR. 5,735
(B) EVIDENCE OF AN ACTUAL OR ALLEGED DEFECT IN THE 5,737
WITNESSING OR ACKNOWLEDGMENT ON THE MORTGAGE IS NOT EVIDENCE OF 5,739
FRAUD UPON THE MORTGAGOR AND DOES NOT REBUT THE PRESUMPTION THAT 5,740
A RECORDED MORTGAGE IS PROPERLY EXECUTED.
(C) THE RECORDING OF A MORTGAGE IS CONSTRUCTIVE NOTICE OF 5,742
THE MORTGAGE TO ALL PERSONS, INCLUDING WITHOUT LIMITATION, A 5,744
SUBSEQUENT BONA FIDE PURCHASER OR ANY OTHER SUBSEQUENT HOLDER OF 5,745
AN INTEREST IN THE PROPERTY. AN ACTUAL OR ALLEGED DEFECT IN THE 5,746
WITNESSING OR ACKNOWLEDGMENT ON THE RECORDED MORTGAGE DOES NOT 5,748
RENDER THE MORTGAGE INEFFECTIVE FOR PURPOSES OF CONSTRUCTIVE 5,749
NOTICE.
Sec. 5501.03. (A) The department of transportation shall: 5,758
(1) Exercise and perform such other duties, powers, and 5,760
functions as are conferred by law on the director, the 5,761
department, the assistant directors, the deputy directors, or on 5,762
the divisions of the department; 5,763
(2) Coordinate and develop, in cooperation with local, 5,765
regional, state, and federal planning agencies and authorities, 5,766
comprehensive and balanced state policy and planning to meet 5,767
present and future needs for adequate transportation facilities 5,768
in this state, including recommendations for adequate funding of 5,769
140
the implementation of such planning; 5,770
(3) Coordinate its activities with those of other 5,772
appropriate state departments, public agencies, and authorities, 5,773
and enter into any contracts with such departments, agencies, and 5,774
authorities as may be necessary to carry out its duties, powers, 5,775
and functions; 5,776
(4) Cooperate with and assist the public utilities 5,778
commission in the commission's administration of sections 4907.47 5,779
to 4907.476 of the Revised Code, particularly with respect to the 5,780
federal highway administration. 5,781
(5) Give particular consideration to the development of 5,783
policy and planning for public transportation facilities, and to 5,784
the coordination of associated activities relating thereto, as 5,785
prescribed under divisions (A)(2) and (3) of this section; 5,786
(6) Conduct, in cooperation with the Ohio legislative 5,788
service commission, any studies or comparisons of state traffic 5,789
laws and local traffic ordinances with model laws and ordinances 5,790
that may be required to meet program standards adopted by the 5,791
United States department of transportation pursuant to the 5,792
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401; 5,793
(7) Prepare, print, distribute, and advertise books, maps, 5,795
pamphlets, and other information that, in the judgment of the 5,796
director, will inform the public and other governmental 5,797
departments, agencies, and authorities as to the duties, powers, 5,798
and functions of the department; 5,799
(8) IN ITS RESEARCH AND DEVELOPMENT PROGRAM, CONSIDER 5,801
TECHNOLOGIES FOR IMPROVING ROADWAYS, INCLUDING CONSTRUCTION 5,802
TECHNIQUES AND MATERIALS TO PROLONG PROJECT LIFE, BEING USED OR 5,803
DEVELOPED BY OTHER STATES THAT HAVE GEOGRAPHIC, GEOLOGIC, OR 5,805
CLIMATIC FEATURES SIMILAR TO THIS STATE'S, AND COLLABORATE WITH 5,806
THOSE STATES IN THAT DEVELOPMENT.
Nothing contained in division (A)(1) of this section shall 5,808
be held to in any manner affect, limit, restrict, or otherwise 5,809
interfere with the exercise of powers relating to transportation 5,810
141
facilities by appropriate agencies of the federal government, or 5,811
by counties, municipal corporations, or other political 5,812
subdivisions or special districts in this state authorized by law 5,813
to exercise such powers. 5,814
(B) The department may use all appropriate sources of 5,816
revenue to assist in the development and implementation of rail 5,817
service as defined by division (C) of section 4981.01 of the 5,818
Revised Code. 5,819
(C) The director of transportation may enter into 5,821
contracts with public agencies including political subdivisions, 5,822
other state agencies, boards, commissions, regional transit 5,823
authorities, county transit boards, and port authorities, to 5,824
administer the design, qualification of bidders, competitive bid 5,826
letting, construction inspection, and acceptance of any projects
administered by the department, provided the administration of 5,828
such projects is performed in accordance with all applicable
state and federal laws and regulations with oversight by the 5,829
department.
Sec. 5501.04. The following divisions are hereby 5,838
established in the department of transportation: 5,839
(A) The division of business services; 5,841
(B) The division of engineering policy; 5,843
(C) The division of finance; 5,845
(D) The division of human resources; 5,847
(E) The division of information technology; 5,849
(F) The division of multi-modal planning AND PROGRAMS; 5,851
(G) The division of project management; 5,853
(H) The division of transportation assistance. 5,856
The director of transportation shall distribute the duties, 5,857
powers, and functions of the department among the divisions of 5,858
the department. 5,859
Each division shall be headed by a deputy director, whose 5,862
title shall be designated by the director, and shall include such 5,863
THOSE other officers and employees as may be necessary to carry 5,865
142
out the work of the division. The director shall appoint the 5,866
deputy director of each division, who shall be in the 5,867
unclassified civil service of the state and shall serve at the 5,868
pleasure of the director. The director shall supervise the work 5,869
of each division and shall be responsible for the determination 5,870
of general policies in the performance of the duties, powers, and 5,871
functions of the department and of each division. The director 5,872
shall have complete executive charge of the department, and shall 5,873
be responsible for the organization, direction, and supervision 5,874
of the work of the department and the performance of the duties, 5,875
powers, and functions assigned to each division, and may 5,876
establish necessary administrative units therein. The deputy 5,877
director of each division, with the approval of the director and 5,879
subject to Chapter 124. of the Revised Code, shall appoint the 5,880
necessary employees of the division, and may remove such
employees for cause. 5,881
Sec. 5501.07. In addition to those duties, powers, and 5,890
functions the director of transportation assigns to it, the 5,891
office of public transportation of the division of transportation 5,892
assistance MULTI-MODAL PLANNING AND PROGRAMS: 5,893
(A) May issue grants from any public transportation grant 5,895
appropriation to county transit boards, regional transit 5,896
authorities, regional transit commissions, counties, municipal 5,897
corporations, and private nonprofit organizations that operate or 5,898
will operate a public transportation system. 5,899
The director shall establish criteria for the distribution 5,902
of such grants. These criteria may include and the director may 5,903
consider each of the following:
(1) The degree to which comprehensive regional 5,905
transportation planning goals may be attained through a program 5,906
for which a grant will be used; 5,907
(2) The amount of local financial or other support of 5,909
public transportation operations and facilities affected by the 5,910
program; 5,911
143
(3) The levels of existing service and fare; 5,913
(4) The degree to which the proposed plan demonstrates 5,915
approaches of potential value to other local transit boards, 5,916
authorities, commissions, counties, municipal corporations, and 5,917
private nonprofit organizations operating public transportation 5,918
systems; 5,919
(5) The degree to which the grant applicant will use state 5,921
and local funds to match a federal grant; 5,922
(6) Such other factors as the director determines. 5,924
Any criteria established by the director for the 5,926
distribution of such grants shall be consistent with the 5,927
requirements of the United States department of transportation, 5,928
or any administration in the department, including, but not 5,929
limited to, the federal transit administration. The director may 5,932
designate in the criteria certain dates after which applications 5,933
for specified portions of the appropriations made for this 5,934
purpose will not be accepted.
(B) May issue grants from any elderly and handicapped 5,936
transit fare assistance grant appropriation to county transit 5,937
boards, regional transit authorities, regional transit 5,938
commissions, counties, municipal corporations, and private 5,939
nonprofit organizations that operate or will operate public 5,940
transportation systems for the purpose of reducing the transit or 5,941
paratransit fares of elderly or handicapped persons. The 5,942
director shall establish criteria for the distribution of such 5,943
grants. 5,944
(C) May administer provisions of federal public 5,946
transportation acts or programs applicable within the state, 5,947
pursuant to an agreement entered into by the director with an 5,948
appropriate official of the federal agency responsible for 5,950
implementation of the federal acts or programs. The federal acts 5,951
or programs shall include, but are not limited to, programs 5,952
authorized under the "Act of July 5, 1994," 108 Stat. 785, 49
U.S.C.A. 5301, as amended. 5,953
144
(D) Shall furnish, upon request and within the limits of 5,955
appropriated funds, guidance in technical or policy matters to a 5,956
county transit board, regional transit authority, regional 5,957
transit commission, county, municipal corporation, or private 5,958
nonprofit organization that operates or proposes to operate a 5,959
public transportation system, and provide assistance and liaison 5,960
in the preparation and submission of applications for federal and 5,961
state funds; 5,962
(E) May apply for and accept grants or loans from any 5,964
federal agency for the purpose of providing for the development 5,965
or improvement of public transportation facilities or for the 5,966
coordination of any activities related to the development or 5,967
improvement of such facilities, and may provide any consideration 5,968
from any public transportation grant appropriation and enter into 5,969
any contracts that may be required in order to obtain such grants 5,971
or loans from a federal agency.
Sec. 5502.01. (A) The department of public safety shall 5,980
administer and enforce the laws relating to the registration, 5,981
licensing, sale, and operation of motor vehicles and the laws 5,983
pertaining to the licensing of drivers of motor vehicles. 5,984
The department shall compile, analyze, and publish 5,986
statistics relative to motor vehicle accidents and the causes 5,987
thereof OF THEM, prepare and conduct educational programs for the 5,988
purpose of promoting safety in the operation of motor vehicles on 5,990
the highways, assist the state board of education in the
formulation of minimum standards for driver education courses of 5,991
instruction, encourage driver instruction in the high schools of 5,993
the state, and conduct research and studies for the purpose of 5,994
promoting safety on the highways of this state.
(B) The department shall administer the laws and rules 5,996
applicable to the division of state emergency medical services. 5,997
(C) The department shall administer and enforce the laws 5,999
contained in Chapters 4301. and 4303. of the Revised Code and 6,001
enforce the rules and orders of the liquor control commission 6,004
145
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 6,006
state emergency management agency and shall enforce all 6,007
additional duties and responsibilities as prescribed in the 6,008
Revised Code related to emergency management services. 6,009
(E) The department shall conduct investigations pursuant 6,011
to Chapter 5101. of the Revised Code in support of the duty of 6,013
the department of human services to administer food stamp 6,014
programs throughout this state. The department of public safety 6,015
shall conduct investigations necessary to protect the state's 6,016
property rights and interests in the food stamp program.
(F) The department of public safety shall enforce 6,018
compliance with orders and rules of the public utilities 6,019
commission and applicable laws in accordance with Chapters 4919., 6,020
4921., and 4923. of the Revised Code regarding commercial motor 6,021
vehicle transportation safety, economic, and hazardous materials 6,022
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 6,024
department of public safety may establish requirements for its 6,025
enforcement personnel, INCLUDING ITS ENFORCEMENT AGENTS DESCRIBED 6,026
IN SECTION 5502.14 OF THE REVISED CODE, that include standards of 6,027
conduct, work rules and procedures, and criteria for eligibility 6,029
as law enforcement personnel.
(H) The department shall administer, maintain, and operate 6,031
the Ohio criminal justice network. The Ohio criminal justice 6,032
network shall be a computer network that supports state and local 6,033
criminal justice activities. The network shall be an electronic 6,034
repository for various data, which may include arrest warrants, 6,035
notices of persons wanted by law enforcement agencies, criminal 6,036
records, prison inmate records, stolen vehicle records, vehicle 6,037
operator's licenses, and vehicle registrations and titles. 6,039
Sec. 5502.13. The department of public safety shall 6,049
maintain an investigations INVESTIGATIVE unit in order to conduct 6,050
such investigations and other enforcement activity as are 6,052
146
authorized by Chapters 4301., 4303., 5101., 5107., and 5108. and 6,053
section SECTIONS 2903.12, 2903.13, 2903.14, 2907.09, 2913.46, 6,054
2917.11, 2921.13, 2921.31, 2921.32, 2921.33, 2923.12, 2923.121, 6,055
2925.11, 2925.13, 2927.02, 4507.30, AND 5115.03 of the Revised 6,056
Code. The director of public safety shall appoint such THE 6,057
employees of the unit as WHO are necessary, designate the 6,058
activities to be performed by those employees, and prescribe 6,059
their titles and duties.
Sec. 5502.14. (A)(1) As used in this section, "felony" 6,068
has the same meaning as in section 109.511 of the Revised Code. 6,069
(2)(B)(1) Any person WHO IS employed by the department of 6,072
public safety and designated by the director of public safety for 6,073
the enforcement of TO ENFORCE TITLE XLIII OF THE REVISED CODE, 6,074
THE RULES ADOPTED UNDER IT, AND THE laws and administrative rules 6,075
regulating the use of food stamps shall be known as a food stamp 6,077
trafficking AN ENFORCEMENT agent. The employment by the 6,078
department of public safety and the designation by the director 6,079
of public safety of a person as a food stamp trafficking AN 6,080
ENFORCEMENT agent shall be subject to division (D) of this 6,081
section. A food stamp trafficking AN ENFORCEMENT agent has the 6,083
authority vested in peace officers pursuant to section 2935.03 of 6,084
the Revised Code, on public or private property, to keep the
peace and, to enforce all APPLICABLE laws and rules ON ANY RETAIL 6,086
LIQUOR PERMIT PREMISES, OR ON ANY OTHER PREMISES OF PUBLIC OR
PRIVATE PROPERTY, WHERE A VIOLATION OF TITLE XLIII OF THE REVISED 6,087
CODE OR ANY RULE ADOPTED UNDER IT IS OCCURRING, AND TO ENFORCE 6,088
ALL LAWS AND RULES governing the use of food stamp coupons;, 6,089
women, infants, and children's coupons;, electronically 6,091
transferred benefits;, or any other access device that is used 6,093
alone or in conjunction with another access device to obtain 6,094
payments, allotments, benefits, money, goods, or other things of
value, or that can be used to initiate a transfer of funds, 6,095
pursuant to the food stamp program established under the "Food 6,096
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended, or 6,098
147
any supplemental food program administered by any department of 6,099
this state pursuant to the "Child Nutrition Act of 1966," 80 6,100
Stat. 885, 42 U.S.C.A. 1786. Food stamp trafficking ENFORCEMENT 6,101
agents, in enforcing compliance with the laws and rules described 6,102
in this division, may keep the peace and make arrests for 6,103
violations of those laws and rules. 6,104
(B) A food stamp trafficking (2) IN ADDITION TO THE 6,106
AUTHORITY CONFERRED BY DIVISION (B)(1) OF THIS SECTION, AN 6,107
ENFORCEMENT agent may also MAY execute search warrants and seize 6,109
and take into custody any contraband, as defined in section 6,110
2901.01 of the Revised Code, or any property that is otherwise 6,112
necessary for evidentiary purposes related to any violations of 6,114
THE laws or rules described in division (A)(2)(B)(1) of this 6,115
section. A food stamp trafficking AN ENFORCEMENT agent may enter 6,117
public or private premises where activity alleged to violate the 6,118
laws or rules described in division (A)(2)(B)(1) of this section 6,119
are IS occurring. Agents 6,120
(3) ENFORCEMENT AGENTS who are in ON, IMMEDIATELY ADJACENT 6,123
TO, OR ACROSS FROM RETAIL LIQUOR PERMIT PREMISES AND WHO ARE 6,124
PERFORMING INVESTIGATIVE DUTIES RELATING TO THAT PREMISES,
ENFORCEMENT AGENTS WHO ARE ON PREMISES THAT ARE NOT LIQUOR PERMIT 6,125
PREMISES BUT ON WHICH A VIOLATION OF TITLE XLIII OF THE REVISED 6,126
CODE OR ANY RULE ADOPTED UNDER IT ALLEGEDLY IS OCCURRING, AND 6,127
ENFORCEMENT AGENTS WHO view of a suspected violation OF TITLE 6,129
XLIII OF THE REVISED CODE, OF A RULE ADOPTED UNDER IT, OR OF 6,130
ANOTHER LAW OR RULE DESCRIBED IN DIVISION (B)(1) OF THIS SECTION 6,131
have the authority to enforce Title XXIX and sections 2913.46 and 6,133
5101.54 of the Revised Code THE LAWS AND RULES DESCRIBED IN 6,134
DIVISION (B)(1) OF THIS SECTION, AUTHORITY TO ENFORCE ANY SECTION 6,135
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 6,136
THEY WITNESS A VIOLATION OF THE SECTION UNDER ANY OF THE 6,138
CIRCUMSTANCES DESCRIBED IN THIS DIVISION, and AUTHORITY to make 6,139
arrests for violations of those THE laws and rules DESCRIBED IN 6,140
148
DIVISION (B)(1) OF THIS SECTION AND VIOLATIONS OF ANY OF THOSE 6,141
SECTIONS. The 6,142
(4) THE jurisdiction of a food stamp trafficking AN 6,144
ENFORCEMENT agent UNDER DIVISION (B) OF THIS SECTION shall be 6,146
concurrent with that of the peace officers of the county, 6,147
township, or municipal corporation in which the violation occurs. 6,148
(C) Food stamp trafficking ENFORCEMENT agents of the 6,150
department of public safety WHO ARE engaged in the enforcement of 6,152
THE laws and rules described in division (A)(2)(B)(1) of this 6,153
section may carry concealed weapons when conducting undercover 6,155
investigations pursuant to their authority as law enforcement
officers and while acting within the scope of their authority 6,156
pursuant to this chapter. 6,157
(D)(1) The department of public safety shall not employ, 6,159
and the director of public safety shall not designate, a person 6,160
as a food stamp trafficking AN ENFORCEMENT agent on a permanent 6,161
basis, on a temporary basis, for a probationary term, or on other 6,163
than a permanent basis if the person previously has been 6,164
convicted of or has pleaded guilty to a felony.
(2)(a) The department of public safety shall terminate the 6,166
employment of a person WHO IS designated as a food stamp 6,167
trafficking AN ENFORCEMENT agent AND who does either of the 6,169
following:
(i) Pleads guilty to a felony; 6,171
(ii) Pleads guilty to a misdemeanor pursuant to a 6,173
negotiated plea agreement as provided in division (D) of section 6,175
2929.29 of the Revised Code in which the food stamp trafficking 6,176
ENFORCEMENT agent agrees to surrender the certificate awarded to 6,177
that agent under section 109.77 of the Revised Code. 6,178
(b) The department shall suspend the employment of a 6,180
person WHO IS designated as a food stamp trafficking AN 6,181
ENFORCEMENT agent if the person is convicted, after trial, of a 6,183
felony. If the food stamp trafficking ENFORCEMENT agent files an 6,185
appeal from that conviction and the conviction is upheld by the 6,186
149
highest court to which the appeal is taken or if no timely appeal 6,187
is filed, the department shall terminate the employment of that
agent. If the food stamp trafficking ENFORCEMENT agent files an 6,188
appeal that results in that agent's acquittal of the felony or 6,190
conviction of a misdemeanor, or in the dismissal of the felony 6,192
charge against the agent, the department shall reinstate the food 6,193
stamp trafficking agent. A food stamp trafficking AN ENFORCEMENT 6,194
agent who is reinstated under division (D)(2)(b) of this section 6,195
shall not receive any back pay unless the conviction of that 6,196
agent of the felony was reversed on appeal, or the felony charge 6,198
was dismissed, because the court found insufficient evidence to
convict the food stamp trafficking agent of the felony. 6,199
(3) Division (D) of this section does not apply regarding 6,201
an offense that was committed prior to January 1, 1997. 6,202
(4) The suspension or termination of the employment of a 6,204
person designated as a food stamp trafficking AN ENFORCEMENT 6,205
agent under division (D)(2) of this section shall be in 6,206
accordance with Chapter 119. of the Revised Code. 6,207
Sec. 5502.16. The director of public safety, on behalf of 6,216
food stamp trafficking ENFORCEMENT agents, may enter into 6,218
cooperative or contractual arrangements with the United States 6,219
or, any agency or department thereof OF THE UNITED STATES, other 6,220
states, other departments and political subdivisions of this 6,221
state, or any other person or body politic to accomplish the 6,222
purposes of the investigations INVESTIGATIVE unit of the 6,223
department of public safety. The director shall cooperate with 6,225
and not infringe upon the rights of other state departments,
divisions, boards, commissions, and agencies, and private 6,226
agencies, in the conduct of enforcement plans and other matters 6,227
in which the department of public safety and such THOSE 6,228
departments and agencies have common interests. 6,229
Sec. 5502.17. Food stamp trafficking ENFORCEMENT agents of 6,238
the department of public safety shall comply with the 6,240
certification requirements established in section 109.77 of the 6,241
150
Revised Code, take an oath of office, and receive from the
governor, upon recommendation of the director of public safety, a 6,243
commission indicating authority to make arrests as provided in 6,244
section 5502.14 of the Revised Code. 6,245
Sec. 5502.18. Food stamp trafficking ENFORCEMENT agents of 6,254
the department of public safety may render assistance to a state 6,256
or local law enforcement officer at the request of that officer 6,257
or may render assistance to a state or local law enforcement 6,258
officer in the event of an emergency. A food stamp trafficking 6,259
AN ENFORCEMENT agent who serves outside the department under this 6,260
section shall be considered as performing services within the 6,261
agent's regular employment for purposes of compensation, 6,262
indemnity fund rights, workers' compensation, and any other 6,263
rights and benefits to which the agent may be entitled as 6,264
incidents of the agent's regular employment. Such an ENFORCEMENT 6,265
agent retains personal immunity from civil liability under 6,266
section 9.86 of the Revised Code and shall not be considered an 6,268
employee of a political subdivision for purposes of Chapter 2744. 6,269
of the Revised Code.
A political subdivision that receives the assistance of a 6,271
food stamp trafficking AN ENFORCEMENT agent under this division 6,272
SECTION is not subject to civil liability under Chapter 2744. of 6,274
the Revised Code as a result of any action or omission of the
agent. 6,275
Sec. 5502.62 5502.19. The department of public safety 6,284
shall conduct inspections of retail liquor permit premises to 6,286
determine THEIR compliance with the provisions of Chapters 4301. 6,288
and 4303. of the Revised Code, and the rules adopted under those 6,290
provisions THEM by the liquor control commission pertaining to 6,291
retail liquor permit holders.
Except as otherwise provided in this section, such THOSE 6,293
inspections may be conducted only during those hours in which the 6,295
permit holder is open for business and only by authorized liquor 6,296
control investigators ENFORCEMENT AGENTS of the department of 6,298
151
public safety or by any peace officer, as this term is defined in 6,299
section 2935.01 of the Revised Code. Inspections may be 6,300
conducted at other hours only to determine compliance with laws 6,302
or commission rules that regulate the hours of sale of beer and 6,303
intoxicating liquor and only if the liquor control investigator 6,304
ENFORCEMENT AGENT or peace officer INVOLVED has reasonable cause 6,306
to believe that such THOSE laws or rules are being violated. Any 6,307
inspection conducted pursuant to this section is subject to all 6,308
of the following requirements: 6,309
(A) The only property that may be confiscated is 6,311
contraband, as this term is defined in section 2901.01 of the 6,312
Revised Code, or property that is otherwise necessary for 6,314
evidentiary purposes.
(B) A complete inventory of all property confiscated from 6,316
the premises shall be given to the permit holder or the permit 6,317
holder's agent or employee by the confiscating ENFORCEMENT agent 6,319
or PEACE officer at the conclusion of the inspection. At that 6,320
time, the inventory shall be signed by the confiscating liquor 6,321
control investigator ENFORCEMENT AGENT or PEACE officer, and the 6,323
liquor control investigator ENFORCEMENT AGENT or PEACE officer 6,324
shall give the permit holder or the permit holder's agent or 6,325
employee the opportunity to sign the inventory. 6,326
(C) Inspections conducted pursuant to this section shall 6,328
be conducted in a reasonable manner. A finding by any court of 6,329
competent jurisdiction that the inspection was not conducted in a 6,330
reasonable manner in accordance with this section or any rules 6,331
promulgated by the LIQUOR CONTROL commission may be considered 6,332
grounds for suppression of evidence. A finding by the liquor 6,333
control commission that the inspection was not conducted in a 6,334
reasonable manner in accordance with this section or any rules 6,336
promulgated by the commission may be considered grounds for 6,337
dismissal of the commission case.
If any court of competent jurisdiction finds that property 6,339
confiscated as the result of an inspection is not necessary for 6,340
152
evidentiary purposes and is not contraband, as this term is 6,341
defined in section 2901.01 of the Revised Code, the court shall 6,343
order the immediate return of the confiscated property, if such 6,345
property is not contraband or otherwise subject to forfeiture, to 6,346
the permit holder. However, the return of this property is not
grounds for dismissal of the case. The commission likewise may 6,347
order the return of confiscated property if no criminal 6,348
prosecution is pending or anticipated.
Sec. 5512.10. THIS SECTION APPLIES IF A POLITICAL 6,350
SUBDIVISION OUTSIDE THE JURISDICTION OF A METROPOLITAN PLANNING 6,351
ORGANIZATION SUBMITS A REQUEST TO THE DEPARTMENT OF 6,352
TRANSPORTATION FOR AN INTERCHANGE TO BE CONSTRUCTED ON AN
INTERSTATE HIGHWAY OR A MULTI-LANE, FULLY CONTROLLED-ACCESS 6,354
HIGHWAY UNDER THE JURISDICTION OF THE DEPARTMENT. WHEN REVIEWING 6,356
SUCH A REQUEST, THE DEPARTMENT OR THE TRANSPORTATION REVIEW 6,357
ADVISORY COUNCIL SHALL CONSIDER WHETHER THE PROPOSAL PROMOTES 6,358
FARMLAND PRESERVATION AND EFFORTS TO CONTROL URBAN SPRAWL.
Sec. 5517.011. (A)(1) Notwithstanding section 5517.01 of 6,367
the Revised Code, the director of transportation may establish a 6,370
pilot program to expedite the sale and construction of no more 6,371
than six special projects by combining the design and 6,372
construction elements of a highway or bridge project into a
single contract. Except in regard to those requirements relating 6,373
to providing plans, the director shall award contracts under this 6,374
section in accordance with section 5525.01 of the Revised Code. 6,375
Within one year of the completion of the sixth special 6,377
project under this section 6,378
(2) ON OR BEFORE DECEMBER 31, 2000, the director shall 6,382
prepare and submit to the general assembly a report evaluating 6,384
the experience of the department of transportation with each
project UNDER THIS DIVISION AND CONTRACT UNDER DIVISION (B) OF 6,385
THIS SECTION, including whether the department realized any cost 6,386
or time savings. REGARDING THOSE PROJECTS AND CONTRACTS, THE 6,387
REPORT SHALL INCLUDE A DISCUSSION OF THE NUMBER AND COST OF 6,388
153
CHANGE ORDERS, THE QUALITY OF WORK PERFORMED, THE NUMBER OF BIDS 6,389
RECEIVED, THE IMPACT ON MINORITY AND FEMALE CONTRACT 6,390
PARTICIPATION, AND OTHER ISSUES THE DIRECTOR CONSIDERS 6,391
APPROPRIATE. The director also may make recommendations
regarding the continuation of the program, including the need for 6,393
any changes. After
(3) AFTER completion of the sixth project and preparation 6,396
of the report, no projects shall be commenced under this section 6,398
DIVISION unless the general assembly either approves additional 6,399
projects to further study the effectiveness of the procedures or 6,400
makes the program permanent. 6,401
(B) IN ADDITION TO THE SIX PROJECTS UNDER DIVISION (A) OF 6,404
THIS SECTION, DURING THE PERIOD BEGINNING JULY 1, 1999, AND 6,406
ENDING JUNE 30, 2001, THE DIRECTOR MAY EXPAND THE PILOT PROGRAM 6,408
TO MORE CONTRACTS COMBINING THE DESIGN AND CONSTRUCTION ELEMENTS 6,409
OF HIGHWAY OR BRIDGE PROJECTS. THE TOTAL DOLLAR VALUE OF 6,410
CONTRACTS MADE UNDER THIS DIVISION SHALL NOT EXCEED TWO HUNDRED 6,411
FIFTY MILLION DOLLARS. THE DIRECTOR MAY SEEK EITHER BIDS OR 6,412
TECHNICAL PROPOSALS FOR CONTRACTS UNDER THIS DIVISION. 6,413
(1) WHEN THE DIRECTOR DETERMINES TO AWARD A SINGLE 6,416
CONTRACT FOR A DESIGN-BUILD PROJECT UNDER THIS DIVISION THROUGH
THE RECEIPT OF BIDS, EXCEPT FOR THOSE REQUIREMENTS RELATING TO 6,418
PROVIDING PLANS, THE DIRECTOR SHALL AWARD CONTRACTS IN ACCORDANCE 6,419
WITH CHAPTER 5525. OF THE REVISED CODE. WHEN THE DIRECTOR 6,422
DETERMINES TO AWARD A SINGLE CONTRACT FOR A DESIGN-BUILD PROJECT 6,423
UNDER THIS DIVISION THROUGH THE RECEIPT OF TECHNICAL PROPOSALS, 6,424
THE DIRECTOR SHALL ADVERTISE AND SELECT THE DESIGN-BUILD TEAM 6,426
USING A VALUE-BASED SELECTION PROCESS COMBINING TECHNICAL 6,427
QUALIFICATIONS AND COMPETITIVE BIDDING ELEMENTS. 6,428
(2) IF THE DIRECTOR ELECTS TO UTILIZE THE COMPETITIVE BID 6,431
OPTION FOR DESIGN-BUILD PROJECTS, THE DIRECTOR SHALL PREPARE AND 6,432
DISTRIBUTE A SCOPE OF WORK DOCUMENT UPON WHICH THE BIDDERS SHALL 6,433
BASE THEIR BIDS.
(3)(a) IF THE DIRECTOR ELECTS TO UTILIZE A VALUE-BASED 6,436
154
SELECTION PROCESS FOR DESIGN-BUILD PROJECTS THROUGH THE RECEIPT 6,437
OF TECHNICAL PROPOSALS, THE DIRECTOR SHALL RESTRICT USAGE OF THIS 6,438
METHOD ANNUALLY TO NO MORE THAN SIXTY MILLION DOLLARS AND NO MORE 6,439
THAN THREE PROJECTS, WHOSE PER-PROJECT ESTIMATE MUST EXCEED TEN 6,440
MILLION DOLLARS. THE DIRECTOR SHALL PREPARE CONCEPTUAL DOCUMENTS 6,441
FOR REVIEW BY INTERESTED PARTIES, ACCEPT LETTERS OF INTEREST, AND 6,442
SELECT THE THREE MOST QUALIFIED DESIGN-BUILD TEAMS TO SUBMIT A 6,443
TECHNICAL PROPOSAL. 6,444
THE CRITERIA FOR SELECTING THE THREE FINALISTS SHALL 6,446
INCLUDE THE QUALIFICATIONS AND EXPERIENCE OF THE DESIGN-BUILD 6,447
TEAM, INCLUDING THE PROPOSED PERSONNEL TO BE UTILIZED, EQUIPMENT 6,449
USAGE, AND GENERAL PROPOSED PROJECT APPROACH. THE SCHEDULE OF 6,450
ACTIVITIES AND FINANCIAL RESOURCES OF THE DESIGN-BUILD TEAM ALSO 6,451
SHALL BE FACTORS IN THE SELECTION PROCESS. IN ADDITION, THE 6,452
DIRECTOR SHALL TAKE INTO CONSIDERATION THE DESIGN-BUILD TEAM'S 6,453
AFFIRMATIVE ACTION POLICIES AND RECORD WITH REGARD TO EMPLOYEES 6,454
AND SUBCONTRACTS.
(b) AFTER THE DIRECTOR SELECTS THE THREE FINALISTS, THE 6,457
FINALISTS SHALL PREPARE BOTH A TECHNICAL PROPOSAL AND A PRICE 6,458
PROPOSAL. THE TECHNICAL PROPOSAL SHALL STATE THE FINALIST'S 6,459
QUALIFICATIONS AND EXPERIENCE, INCLUDING PRIOR PERFORMANCE BY THE 6,460
DESIGN-BUILD TEAM ON SIMILAR PROJECTS, THE IDENTITY OF THE 6,461
MEMBERS OF EACH TEAM, AND A DETAILED PROJECT APPROACH AND 6,462
SCHEDULE, INCLUDING INNOVATIVE DESIGN AND CONSTRUCTION 6,463
TECHNIQUES. THE FINALISTS SHALL SUBMIT THE PRICE PROPOSAL
SEPARATELY AS REQUESTED BY THE DIRECTOR. 6,464
THE DIRECTOR FIRST SHALL REVIEW THE SUBMITTED TECHNICAL 6,466
PROPOSALS AND ASCRIBE A NUMERICAL SCORE TO EACH PROPOSAL. THE 6,467
TECHNICAL NUMERICAL SCORES SHALL BE EQUATED TO A PERCENTAGE 6,468
ADJUSTMENT TO BE APPLIED TO THE FINALISTS' PRICE PROPOSALS, USING 6,470
A PREDETERMINED SCHEDULE OF ADJUSTMENT MADE KNOWN TO THE
FINALISTS AT THE TIME OF ADVERTISING. IN NO CASE SHALL THE 6,471
TECHNICAL PROPOSAL RATING EXCEED TWENTY-FIVE PER CENT OF THE 6,472
VALUE-BASED TECHNICAL AND PRICE SELECTION CRITERIA. THE DIRECTOR 6,474
155
SHALL RESERVE THE RIGHT TO CONSIDER A TECHNICAL PROPOSAL AS BEING 6,475
NONRESPONSIVE, THEREBY ELIMINATING THAT FINALIST FROM FURTHER 6,476
CONSIDERATION.
UPON COMPLETION OF THE RATING OF TECHNICAL PROPOSALS, THE 6,479
DIRECTOR SHALL APPLY TO THE PRICE PROPOSALS THE PERCENTAGE 6,480
ADJUSTMENTS PREDETERMINED FROM THE NUMERICAL SCORES ASSIGNED TO 6,481
THE TECHNICAL PROPOSALS. UNLESS ALL PROPOSALS ARE REJECTED, THE 6,482
DIRECTOR SHALL SELECT THE FINALIST WITH THE LOWEST ADJUSTED
PRICE. THE ADJUSTED PRICE SHALL BE USED FOR SELECTION ONLY. THE 6,484
CONTRACT SHALL BE BASED ON THE PRICE PROPOSAL AS SUBMITTED. 6,485
THE DEPARTMENT SHALL COMPENSATE EACH RESPONSIVE FINALIST 6,487
NOT SELECTED IN AN AMOUNT GENERALLY EQUAL TO ONE-FOURTH OF ONE 6,489
PER CENT OF THE UNADJUSTED PRICE PROPOSAL AMOUNT SUBMITTED BY THE 6,490
SELECTED FINALIST OR BY AN AMOUNT THE DIRECTOR ESTABLISHES AT THE 6,491
TIME OF ADVERTISING.
Sec. 5525.25. (A) IN MAKING CONTRACTS, THE DIRECTOR OF 6,493
TRANSPORTATION SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS FOR 6,494
EACH FISCAL YEAR: 6,495
(1) AT LEAST ONE-FIFTH OF THE DEPARTMENT OF 6,497
TRANSPORTATION'S CAPITAL CONSTRUCTION PROJECTS SHALL BE BID 6,498
REQUIRING A WARRANTY AS SPECIFIED IN THE BIDDING DOCUMENTS AND IN 6,499
DIVISION (B) OF THIS SECTION. 6,500
(2) AT LEAST ONE-TENTH OF THE DEPARTMENT'S CAPITAL 6,502
CONSTRUCTION PROGRAM SHALL BE BID REQUIRING A PAVEMENT WARRANTY 6,503
AS SPECIFIED IN THE BIDDING DOCUMENTS AND IN DIVISION (B) OF THIS 6,504
SECTION.
(B) A WARRANTY PERIOD UNDER THIS SECTION SHALL BE: 6,506
(1) NOT LESS THAN SEVEN YEARS, FOR PAVEMENT IN THE CASE OF 6,508
NEW CONSTRUCTION; 6,509
(2) NOT LESS THAN FIVE YEARS, IN THE CASE OF PAVEMENT 6,511
RESURFACING AND REHABILITATION; 6,512
(3) NOT LESS THAN TWO YEARS, IN THE CASE OF PAVEMENT 6,514
PREVENTATIVE MAINTENANCE, BRIDGE PAINTING, PAVEMENT MARKINGS, 6,515
RAISED PAVEMENT MARKERS, GUARDRAIL, AND OTHER PROJECT ITEMS AS 6,516
156
DETERMINED BY THE DIRECTOR. 6,517
(C) THIS SECTION DOES NOT APPLY TO CONTRACTS THE DIRECTOR 6,519
MAKES ON BEHALF OF A POLITICAL SUBDIVISION. 6,520
Sec. 5735.051. The general assembly finds as a fact that, 6,529
of the revenues which occur from excises imposed by sections 6,530
5735.05, 5735.25, 5735.29, and 5735.30 of the Revised Code, 6,531
one-half THREE-FOURTHS of one per cent are attributable to the 6,532
operation of motor vehicles upon waters within the boundaries of 6,533
this state and shall be used for the purposes of sections 1547.71 6,534
to 1547.78 of the Revised Code. 6,535
Sec. 5739.02. For the purpose of providing revenue with 6,544
which to meet the needs of the state, for the use of the general 6,545
revenue fund of the state, for the purpose of securing a thorough 6,546
and efficient system of common schools throughout the state, for 6,547
the purpose of affording revenues, in addition to those from 6,548
general property taxes, permitted under constitutional 6,549
limitations, and from other sources, for the support of local 6,550
governmental functions, and for the purpose of reimbursing the 6,551
state for the expense of administering this chapter, an excise 6,552
tax is hereby levied on each retail sale made in this state. 6,553
(A) The tax shall be collected pursuant to the schedules 6,555
in section 5739.025 of the Revised Code. 6,556
The tax applies and is collectible when the sale is made, 6,558
regardless of the time when the price is paid or delivered. 6,559
In the case of a sale, the price of which consists in whole 6,561
or in part of rentals for the use of the thing transferred, the 6,562
tax, as regards such rentals, shall be measured by the 6,563
installments thereof. 6,564
In the case of a sale of a service defined under division 6,566
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 6,567
which consists in whole or in part of a membership for the 6,568
receipt of the benefit of the service, the tax applicable to the 6,569
sale shall be measured by the installments thereof. 6,570
(B) The tax does not apply to the following: 6,572
157
(1) Sales to the state or any of its political 6,574
subdivisions, or to any other state or its political subdivisions 6,575
if the laws of that state exempt from taxation sales made to this 6,576
state and its political subdivisions; 6,577
(2) Sales of food for human consumption off the premises 6,579
where sold; 6,580
(3) Sales of food sold to students only in a cafeteria, 6,582
dormitory, fraternity, or sorority maintained in a private, 6,583
public, or parochial school, college, or university; 6,584
(4) Sales of newspapers, and of magazine subscriptions 6,586
shipped by second class mail, and sales or transfers of magazines 6,587
distributed as controlled circulation publications; 6,588
(5) The furnishing, preparing, or serving of meals without 6,590
charge by an employer to an employee provided the employer 6,591
records the meals as part compensation for services performed or 6,592
work done; 6,593
(6) Sales of motor fuel upon receipt, use, distribution, 6,596
or sale of which in this state a tax is imposed by the law of 6,597
this state, but this exemption shall not apply to the sale of 6,598
motor fuel on which a refund of the tax is allowable under 6,599
section 5735.14 of the Revised Code; and the tax commissioner may 6,600
deduct the amount of tax levied by this section applicable to the 6,601
price of motor fuel when granting a refund of motor fuel tax 6,602
pursuant to section 5735.14 of the Revised Code and shall cause 6,603
the amount deducted to be paid into the general revenue fund of 6,604
this state;
(7) Sales of natural gas by a natural gas company, of 6,606
electricity by an electric company, of water by a water-works 6,607
company, or of steam by a heating company, if in each case the 6,608
thing sold is delivered to consumers through wires, pipes, or 6,609
conduits, and all sales of communications services by a telephone 6,610
or telegraph company, all terms as defined in section 5727.01 of 6,611
the Revised Code; 6,612
(8) Casual sales by a person, or auctioneer employed 6,614
158
directly by the person to conduct such sales, except as to such 6,616
sales of motor vehicles, watercraft or outboard motors required 6,617
to be titled under section 1548.06 of the Revised Code, 6,618
watercraft documented with the United States coast guard, 6,619
snowmobiles, and all-purpose vehicles as defined in section 6,620
4519.01 of the Revised Code; 6,621
(9) Sales of services or tangible personal property, other 6,623
than motor vehicles, mobile homes, and manufactured homes, by 6,625
churches or by nonprofit organizations operated exclusively for 6,626
charitable purposes as defined in division (B)(12) of this 6,627
section, provided that the number of days on which such tangible 6,628
personal property or services, other than items never subject to 6,629
the tax, are sold does not exceed six in any calendar year. If 6,630
the number of days on which such sales are made exceeds six in 6,631
any calendar year, the church or organization shall be considered 6,632
to be engaged in business and all subsequent sales by it shall be 6,633
subject to the tax. In counting the number of days, all sales by 6,634
groups within a church or within an organization shall be 6,635
considered to be sales of that church or organization, except 6,636
that sales made by separate student clubs and other groups of 6,637
students of a primary or secondary school, and sales made by a 6,638
parent-teacher association, booster group, or similar 6,639
organization that raises money to support or fund curricular or 6,640
extracurricular activities of a primary or secondary school, 6,641
shall not be considered to be sales of such school, and sales by 6,642
each such club, group, association, or organization shall be 6,643
counted separately for purposes of the six-day limitation. This 6,644
division does not apply to sales by a noncommercial educational 6,645
radio or television broadcasting station. 6,646
(10) Sales not within the taxing power of this state under 6,648
the Constitution of the United States; 6,649
(11) The transportation of persons or property, unless the 6,651
transportation is by a private investigation and security 6,652
service; 6,653
159
(12) Sales of tangible personal property or services to 6,655
churches, to organizations exempt from taxation under section 6,656
501(c)(3) of the Internal Revenue Code of 1986, and to any other 6,657
nonprofit organizations operated exclusively for charitable 6,658
purposes in this state, no part of the net income of which inures 6,659
to the benefit of any private shareholder or individual, and no 6,660
substantial part of the activities of which consists of carrying 6,661
on propaganda or otherwise attempting to influence legislation; 6,662
sales to offices administering one or more homes for the aged or 6,663
one or more hospital facilities exempt under section 140.08 of 6,664
the Revised Code; and sales to organizations described in 6,665
division (D) of section 5709.12 of the Revised Code. 6,666
"Charitable purposes" means the relief of poverty; the 6,668
improvement of health through the alleviation of illness, 6,669
disease, or injury; the operation of an organization exclusively 6,671
for the provision of professional, laundry, printing, and 6,672
purchasing services to hospitals or charitable institutions; the 6,674
operation of a home for the aged, as defined in section 5701.13 6,675
of the Revised Code; the operation of a radio or television 6,676
broadcasting station that is licensed by the federal 6,677
communications commission as a noncommercial educational radio or 6,678
television station; the operation of a nonprofit animal adoption 6,680
service or a county humane society; the promotion of education by 6,681
an institution of learning that maintains a faculty of qualified 6,682
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 6,683
curriculum; the operation of a parent teacher association, 6,684
booster group, or similar organization primarily engaged in the 6,685
promotion and support of the curricular or extracurricular 6,686
activities of a primary or secondary school; the operation of a 6,687
community or area center in which presentations in music, 6,688
dramatics, the arts, and related fields are made in order to 6,689
foster public interest and education therein; the production of 6,690
performances in music, dramatics, and the arts; or the promotion 6,692
160
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 6,693
knowledge and information primarily for the public. 6,694
Nothing in this division shall be deemed to exempt sales to 6,696
any organization for use in the operation or carrying on of a 6,697
trade or business, or sales to a home for the aged for use in the 6,698
operation of independent living facilities as defined in division 6,699
(A) of section 5709.12 of the Revised Code. 6,700
(13) Building and construction materials and services sold 6,702
to construction contractors for incorporation into a structure or 6,703
improvement to real property under a construction contract with 6,704
this state or a political subdivision thereof, or with the United 6,705
States government or any of its agencies; building and 6,706
construction materials and services sold to construction 6,707
contractors for incorporation into a structure or improvement to 6,708
real property that are accepted for ownership by this state or 6,710
any of its political subdivisions, or by the United States 6,711
government or any of its agencies at the time of completion of 6,712
such structures or improvements; building and construction 6,713
materials sold to construction contractors for incorporation into 6,714
a horticulture structure or livestock structure for a person 6,715
engaged in the business of horticulture or producing livestock; 6,716
building materials and services sold to a construction contractor 6,717
for incorporation into a house of public worship or religious 6,718
education, or a building used exclusively for charitable purposes 6,719
under a construction contract with an organization whose purpose 6,720
is as described in division (B)(12) of this section; building and 6,721
construction materials sold for incorporation into the original 6,722
construction of a sports facility under section 307.696 of the 6,723
Revised Code; and building and construction materials and 6,724
services sold to a construction contractor for incorporation into 6,725
real property outside this state if such materials and services, 6,726
when sold to a construction contractor in the state in which the 6,727
real property is located for incorporation into real property in 6,728
161
that state, would be exempt from a tax on sales levied by that 6,729
state; 6,730
(14) Sales of ships or vessels or rail rolling stock used 6,732
or to be used principally in interstate or foreign commerce, and 6,733
repairs, alterations, fuel, and lubricants for such ships or 6,734
vessels or rail rolling stock; 6,735
(15) Sales to persons engaged in any of the activities 6,737
mentioned in division (E)(2) or (9) of section 5739.01 of the 6,738
Revised Code, to persons engaged in making retail sales, or to 6,739
persons who purchase for sale from a manufacturer tangible 6,740
personal property that was produced by the manufacturer in 6,741
accordance with specific designs provided by the purchaser, of 6,742
packages, including material and parts for packages, and of 6,743
machinery, equipment, and material for use primarily in packaging 6,744
tangible personal property produced for sale by or on the order 6,745
of the person doing the packaging, or sold at retail. "Packages" 6,746
includes bags, baskets, cartons, crates, boxes, cans, bottles, 6,747
bindings, wrappings, and other similar devices and containers, 6,748
and "packaging" means placing therein. 6,749
(16) Sales of food to persons using food stamp coupons to 6,751
purchase the food. As used in division (B)(16) of this section, 6,752
"food" has the same meaning as in the "Food Stamp Act of 1977," 6,753
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 6,754
adopted pursuant to that act. 6,755
(17) Sales to persons engaged in farming, agriculture, 6,757
horticulture, or floriculture, of tangible personal property for 6,758
use or consumption directly in the production by farming, 6,759
agriculture, horticulture, or floriculture of other tangible 6,760
personal property for use or consumption directly in the 6,761
production of tangible personal property for sale by farming, 6,762
agriculture, horticulture, or floriculture; or material and parts 6,763
for incorporation into any such tangible personal property for 6,764
use or consumption in production; and of tangible personal 6,765
property for such use or consumption in the conditioning or 6,766
162
holding of products produced by and for such use, consumption, or 6,767
sale by persons engaged in farming, agriculture, horticulture, or 6,768
floriculture, except where such property is incorporated into 6,769
real property; 6,770
(18) Sales of drugs dispensed by a licensed pharmacist 6,773
upon the order of a licensed health professional authorized to 6,775
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 6,776
4729.01 of the Revised Code; insulin as recognized in the 6,778
official United States pharmacopoeia; urine and blood testing 6,779
materials when used by diabetics or persons with hypoglycemia to 6,780
test for glucose or acetone; hypodermic syringes and needles when 6,781
used by diabetics for insulin injections; epoetin alfa when 6,782
purchased for use in the treatment of persons with end-stage 6,783
renal disease; hospital beds when purchased for use by persons 6,785
with medical problems for medical purposes; and oxygen and 6,786
oxygen-dispensing equipment when purchased for use by persons 6,787
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 6,789
prostheses, and other prosthetic devices for humans; braces or 6,790
other devices for supporting weakened or nonfunctioning parts of 6,791
the human body; wheelchairs; devices used to lift wheelchairs 6,792
into motor vehicles and parts and accessories to such devices; 6,793
crutches or other devices to aid human perambulation; and items 6,794
of tangible personal property used to supplement impaired 6,795
functions of the human body such as respiration, hearing, or 6,796
elimination. No exemption under this division shall be allowed 6,797
for nonprescription drugs, medicines, or remedies; items or 6,798
devices used to supplement vision; items or devices whose 6,799
function is solely or primarily cosmetic; or physical fitness 6,800
equipment. This division does not apply to sales to a physician 6,801
or medical facility for use in the treatment of a patient. 6,802
(20) Sales of emergency and fire protection vehicles and 6,804
equipment to nonprofit organizations for use solely in providing 6,805
163
fire protection and emergency services for political subdivisions 6,806
of the state; 6,807
(21) Sales of tangible personal property manufactured in 6,809
this state, if sold by the manufacturer in this state to a 6,810
retailer for use in the retail business of the retailer outside 6,811
of this state and if possession is taken from the manufacturer by 6,813
the purchaser within this state for the sole purpose of 6,814
immediately removing the same from this state in a vehicle owned 6,815
by the purchaser;
(22) Sales of services provided by the state or any of its 6,817
political subdivisions, agencies, instrumentalities, 6,818
institutions, or authorities, or by governmental entities of the 6,819
state or any of its political subdivisions, agencies, 6,820
instrumentalities, institutions, or authorities; 6,821
(23) Sales of motor vehicles to nonresidents of this state 6,823
upon the presentation of an affidavit executed in this state by 6,824
the nonresident purchaser affirming that the purchaser is a 6,825
nonresident of this state, that possession of the motor vehicle 6,826
is taken in this state for the sole purpose of immediately 6,827
removing it from this state, that the motor vehicle will be 6,828
permanently titled and registered in another state, and that the 6,829
motor vehicle will not be used in this state; 6,830
(24) Sales to persons engaged in the preparation of eggs 6,832
for sale of tangible personal property used or consumed directly 6,833
in such preparation, including such tangible personal property 6,834
used for cleaning, sanitizing, preserving, grading, sorting, and 6,835
classifying by size; packages, including material and parts for 6,836
packages, and machinery, equipment, and material for use in 6,837
packaging eggs for sale; and handling and transportation 6,838
equipment and parts therefor, except motor vehicles licensed to 6,839
operate on public highways, used in intraplant or interplant 6,840
transfers or shipment of eggs in the process of preparation for 6,841
sale, when the plant or plants within or between which such 6,842
transfers or shipments occur are operated by the same person. 6,843
164
"Packages" includes containers, cases, baskets, flats, fillers, 6,844
filler flats, cartons, closure materials, labels, and labeling 6,845
materials, and "packaging" means placing therein. 6,846
(25)(a) Sales of water to a consumer for residential use, 6,848
except the sale of bottled water, distilled water, mineral water, 6,849
carbonated water, or ice; 6,850
(b) Sales of water by a nonprofit corporation engaged 6,852
exclusively in the treatment, distribution, and sale of water to 6,853
consumers, if such water is delivered to consumers through pipes 6,854
or tubing. 6,855
(26) Fees charged for inspection or reinspection of motor 6,857
vehicles under section 3704.14 of the Revised Code; 6,858
(27) Sales of solar, wind, or hydrothermal energy systems 6,860
that meet the guidelines established under division (B) of 6,861
section 1551.20 of the Revised Code, components of such systems 6,862
that are identified under division (B) or (D) of that section, or 6,863
charges for the installation of such systems or components, made 6,864
during the period from August 14, 1979, through December 31, 6,865
1985; 6,866
(28) Sales to persons licensed to conduct a food service 6,868
operation pursuant to section 3732.03 of the Revised Code, of 6,869
tangible personal property primarily used directly for the 6,870
following:
(a) To prepare food for human consumption for sale; 6,872
(b) To preserve food that has been or will be prepared for 6,875
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 6,876
selection by the consumer; 6,877
(c) To clean tangible personal property used to prepare or 6,879
serve food for human consumption for sale. 6,880
(29) Sales of animals by nonprofit animal adoption 6,882
services or county humane societies; 6,883
(30) Sales of services to a corporation described in 6,885
division (A) of section 5709.72 of the Revised Code, and sales of 6,886
165
tangible personal property that qualifies for exemption from 6,887
taxation under section 5709.72 of the Revised Code; 6,888
(31) Sales and installation of agricultural land tile, as 6,890
defined in division (B)(5)(a) of section 5739.01 of the Revised 6,891
Code; 6,892
(32) Sales and erection or installation of portable grain 6,894
bins, as defined in division (B)(5)(b) of section 5739.01 of the 6,895
Revised Code; 6,896
(33) The sale, lease, repair, and maintenance of; parts 6,898
for; or items attached to or incorporated in motor vehicles that 6,899
are primarily used for transporting tangible personal property by 6,900
a person engaged in highway transportation for hire; 6,901
(34) Sales to the state headquarters of any veterans' 6,903
organization in Ohio that is either incorporated and issued a 6,904
charter by the congress of the United States or is recognized by 6,905
the United States veterans administration, for use by the 6,906
headquarters; 6,907
(35) Sales to a telecommunications service vendor of 6,909
tangible personal property and services used directly and 6,910
primarily in transmitting, receiving, switching, or recording any 6,911
interactive, two-way electromagnetic communications, including 6,912
voice, image, data, and information, through the use of any 6,913
medium, including, but not limited to, poles, wires, cables, 6,914
switching equipment, computers, and record storage devices and 6,915
media, and component parts for the tangible personal property. 6,916
The exemption provided in division (B)(35) of this section shall 6,917
be in lieu of all other exceptions under division (E)(2) of 6,918
section 5739.01 of the Revised Code to which a telecommunications 6,919
service vendor may otherwise be entitled based upon the use of 6,920
the thing purchased in providing the telecommunications service. 6,921
(36) Sales of investment metal bullion and investment 6,923
coins. "Investment metal bullion" means any elementary precious 6,924
metal that has been put through a process of smelting or 6,925
refining, including, but not limited to, gold, silver, platinum, 6,926
166
and palladium, and which is in such state or condition that its 6,927
value depends upon its content and not upon its form. 6,928
"Investment metal bullion" does not include fabricated precious 6,929
metal that has been processed or manufactured for one or more 6,931
specific and customary industrial, professional, or artistic 6,932
uses. "Investment coins" means numismatic coins or other forms 6,933
of money and legal tender manufactured of gold, silver, platinum, 6,934
palladium, or other metal under the laws of the United States or 6,935
any foreign nation with a fair market value greater than any 6,936
statutory or nominal value of such coins. 6,937
(37)(a) Sales where the purpose of the consumer is to use 6,939
or consume the things transferred in making retail sales and 6,940
consisting of newspaper inserts, catalogues, coupons, flyers, 6,941
gift certificates, or other advertising material that prices and 6,943
describes tangible personal property offered for retail sale. 6,944
(b) Sales to direct marketing vendors of preliminary 6,946
materials such as photographs, artwork, and typesetting that will 6,947
be used in printing advertising material; of printed matter that 6,948
offers free merchandise or chances to win sweepstake prizes and 6,949
that is mailed to potential customers with advertising material 6,950
described in division (B)(37)(a) of this section; and of 6,951
equipment such as telephones, computers, facsimile machines, and 6,952
similar tangible personal property primarily used to accept 6,953
orders for direct marketing retail sales. 6,954
(c) Sales of automatic food vending machines that preserve 6,956
food with a shelf life of forty-five days or less by 6,957
refrigeration and dispense it to the consumer. 6,958
For purposes of division (B)(37) of this section, "direct 6,960
marketing" means the method of selling where consumers order 6,961
tangible personal property by United States mail, delivery 6,962
service, or telecommunication and the vendor delivers or ships 6,963
the tangible personal property sold to the consumer from a 6,964
warehouse, catalogue distribution center, or similar fulfillment 6,965
facility by means of the United States mail, delivery service, or 6,966
167
common carrier. 6,967
(38) Sales to a person engaged in the business of 6,969
horticulture or producing livestock of materials to be 6,970
incorporated into a horticulture structure or livestock 6,971
structure; 6,972
(39) The sale of a motor vehicle that is used exclusively 6,974
for a vanpool ridesharing arrangement to persons participating in 6,975
the vanpool ridesharing arrangement when the vendor is selling 6,976
the vehicle pursuant to a contract between the vendor and the 6,977
department of transportation;
(40) Sales of personal computers, computer monitors, 6,979
computer keyboards, modems, and other peripheral computer 6,980
equipment to an individual who is licensed or certified to teach 6,981
in an elementary or a secondary school in this state for use by 6,982
that individual in preparation for teaching elementary or
secondary school students; 6,983
(41) Sales to a professional racing team of any of the 6,985
following: 6,986
(a) Motor racing vehicles; 6,988
(b) Repair services for motor racing vehicles; 6,991
(c) Items of property that are attached to or incorporated 6,994
in motor racing vehicles, including engines, chassis, and all 6,995
other components of the vehicles, and all spare, replacement, and 6,996
rebuilt parts or components of the vehicles; except not including 6,997
tires, consumable fluids, paint, and accessories consisting of 6,998
instrumentation sensors and related items added to the vehicle to 6,999
collect and transmit data by means of telemetry and other forms 7,000
of communication.
(42) Sales of used manufactured homes and used mobile 7,002
homes, as defined in section 5739.0210 of the Revised Code, MADE 7,003
ON OR AFTER JANUARY 1, 2000. 7,004
For the purpose of the proper administration of this 7,006
chapter, and to prevent the evasion of the tax, it is presumed 7,007
that all sales made in this state are subject to the tax until 7,008
168
the contrary is established. 7,009
As used in this section, except in division (B)(16) of this 7,011
section, "food" includes cereals and cereal products, milk and 7,012
milk products including ice cream, meat and meat products, fish 7,013
and fish products, eggs and egg products, vegetables and 7,014
vegetable products, fruits, fruit products, and pure fruit 7,015
juices, condiments, sugar and sugar products, coffee and coffee 7,016
substitutes, tea, and cocoa and cocoa products. It does not 7,017
include: spirituous or malt liquors; soft drinks; sodas and 7,018
beverages that are ordinarily dispensed at bars and soda 7,019
fountains or in connection therewith, other than coffee, tea, and 7,020
cocoa; root beer and root beer extracts; malt and malt extracts; 7,021
mineral oils, cod liver oils, and halibut liver oil; medicines, 7,022
including tonics, vitamin preparations, and other products sold 7,023
primarily for their medicinal properties; and water, including 7,024
mineral, bottled, and carbonated waters, and ice. 7,025
(C) The levy of an excise tax on transactions by which 7,027
lodging by a hotel is or is to be furnished to transient guests 7,028
pursuant to this section and division (B) of section 5739.01 of 7,029
the Revised Code does not prevent any of the following: 7,030
(1) A municipal corporation or township from levying an 7,032
excise tax for any lawful purpose not to exceed three per cent on 7,033
transactions by which lodging by a hotel is or is to be furnished 7,034
to transient guests in addition to the tax levied by this 7,035
section. If a municipal corporation or township repeals a tax 7,036
imposed under division (C)(1) of this section and a county in 7,037
which the municipal corporation or township has territory has a 7,038
tax imposed under division (C) of section 5739.024 of the Revised 7,039
Code in effect, the municipal corporation or township may not 7,040
reimpose its tax as long as that county tax remains in effect. A 7,041
municipal corporation or township in which a tax is levied under 7,042
division (B)(2) of section 351.021 of the Revised Code may not 7,043
increase the rate of its tax levied under division (C)(1) of this 7,044
section to any rate that would cause the total taxes levied under 7,045
169
both of those divisions to exceed three per cent on any lodging 7,046
transaction within the municipal corporation or township. 7,047
(2) A municipal corporation or a township from levying an 7,049
additional excise tax not to exceed three per cent on such 7,050
transactions pursuant to division (B) of section 5739.024 of the 7,051
Revised Code. Such tax is in addition to any tax imposed under 7,052
division (C)(1) of this section. 7,053
(3) A county from levying an excise tax pursuant to 7,055
division (A) of section 5739.024 of the Revised Code. 7,056
(4) A county from levying an excise tax not to exceed 7,058
three per cent of such transactions pursuant to division (C) of 7,059
section 5739.024 of the Revised Code. Such a tax is in addition 7,060
to any tax imposed under division (C)(3) of this section. 7,061
(5) A convention facilities authority, as defined in 7,063
division (A) of section 351.01 of the Revised Code, from levying 7,064
the excise taxes provided for in division (B) of section 351.021 7,065
of the Revised Code. 7,066
(6) A county from levying an excise tax not to exceed one 7,068
and one-half per cent of such transactions pursuant to division 7,069
(D) of section 5739.024 of the Revised Code. Such tax is in 7,070
addition to any tax imposed under division (C)(3) or (4) of this 7,071
section. 7,072
(7) A county from levying an excise tax not to exceed one 7,074
and one-half per cent of such transactions pursuant to division 7,075
(E) of section 5739.024 of the Revised Code. Such a tax is in 7,076
addition to any tax imposed under division (C)(3), (4), or (6) of 7,077
this section. 7,078
(D) The levy of this tax on retail sales of recreation and 7,080
sports club service shall not prevent a municipal corporation 7,081
from levying any tax on recreation and sports club dues or on any 7,082
income generated by recreation and sports club dues. 7,083
Sec. 5741.02. (A) For the use of the general revenue fund 7,092
of the state, an excise tax is hereby levied on the storage, use, 7,093
or other consumption in this state of tangible personal property 7,094
170
or the benefit realized in this state of any service provided. 7,095
The tax shall be collected pursuant to the schedules in section 7,096
5739.025 of the Revised Code. 7,097
(B) Each consumer, storing, using, or otherwise consuming 7,099
in this state tangible personal property or realizing in this 7,100
state the benefit of any service provided, shall be liable for 7,101
the tax, and such liability shall not be extinguished until the 7,102
tax has been paid to this state; provided, that the consumer 7,103
shall be relieved from further liability for the tax if the tax 7,104
has been paid to a seller in accordance with section 5741.04 of 7,105
the Revised Code or prepaid by the seller in accordance with 7,106
section 5741.06 of the Revised Code. 7,107
(C) The tax does not apply to the storage, use, or 7,109
consumption in this state of the following described tangible 7,110
personal property or services, nor to the storage, use, or 7,111
consumption or benefit in this state of tangible personal 7,112
property or services purchased under the following described 7,113
circumstances: 7,114
(1) When the sale of property or service in this state is 7,116
subject to the excise tax imposed by sections 5739.01 to 5739.31 7,117
of the Revised Code, provided said tax has been paid; 7,118
(2) Except as provided in division (D) of this section, 7,120
tangible personal property or services, the acquisition of which, 7,121
if made in Ohio, would be a sale not subject to the tax imposed 7,122
by sections 5739.01 to 5739.31 of the Revised Code; 7,123
(3) Property or services, the storage, use, or other 7,125
consumption of or benefit from which this state is prohibited 7,126
from taxing by the Constitution of the United States, laws of the 7,128
United States, or the Constitution of this state. This exemption 7,130
shall not exempt from the application of the tax imposed by this 7,131
section the storage, use, or consumption of tangible personal 7,132
property that was purchased in interstate commerce, but that has 7,134
come to rest in this state, provided that fuel to be used or 7,135
transported in carrying on interstate commerce that is stopped 7,137
171
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section 7,138
5739.02 of the Revised Code; 7,139
(4) Transient use of tangible personal property in this 7,141
state by a nonresident tourist or vacationer, or a non-business 7,142
use within this state by a nonresident of this state, if the 7,143
property so used was purchased outside this state for use outside 7,144
this state and is not required to be registered or licensed under 7,145
the laws of this state; 7,146
(5) Tangible personal property or services rendered upon 7,148
which taxes have been paid to another jurisdiction to the extent 7,149
of the amount of the tax paid to such other jurisdiction. Where 7,150
the amount of the tax imposed by this section and imposed 7,151
pursuant to section 5741.021, 5741.022, or 5741.023 of the 7,152
Revised Code exceeds the amount paid to another jurisdiction, the 7,153
difference shall be allocated between the tax imposed by this 7,154
section and any tax imposed by a county or a transit authority 7,155
pursuant to section 5741.021, 5741.022, or 5741.023 of the 7,156
Revised Code, in proportion to the respective rates of such 7,157
taxes. 7,158
As used in this subdivision, "taxes paid to another 7,160
jurisdiction" means the total amount of retail sales or use tax 7,161
or similar tax based upon the sale, purchase, or use of tangible 7,162
personal property or services rendered legally, levied by and 7,163
paid to another state or political subdivision thereof, or to the 7,164
District of Columbia, where the payment of such tax does not 7,165
entitle the taxpayer to any refund or credit for such payment. 7,166
(6) The transfer of a used manufactured home or used 7,168
mobile home, as defined by section 5739.0210 of the Revised Code, 7,169
on which the transfer tax imposed by section 322.06 of the 7,171
Revised Code has been paid MADE ON OR AFTER JANUARY 1, 2000. 7,172
(D) The tax applies to the storage, use, or other 7,174
consumption in this state of tangible personal property or 7,175
services, the acquisition of which at the time of sale was 7,176
172
excepted under division (E)(1) of section 5739.01 of the Revised 7,177
Code from the tax imposed by section 5739.02 of the Revised Code, 7,178
but which has subsequently been temporarily or permanently 7,179
stored, used, or otherwise consumed in a taxable manner. 7,180
(E) For the purpose of the proper administration of 7,182
sections 5741.01 to 5741.22 of the Revised Code, and to prevent 7,183
the evasion of the tax hereby levied, it shall be presumed that 7,184
any use, storage, or other consumption of tangible personal 7,185
property in this state is subject to the tax until the contrary 7,186
is established. 7,187
Section 2. That existing sections 109.71, 109.77, 145.01, 7,189
145.33, 306.42, 306.52, 319.54, 742.63, 2925.44, 2933.43, 7,190
2935.01, 4301.021, 4301.10, 4301.21, 4301.31, 4301.53, 4301.66, 7,191
4501.03, 4501.10, 4501.27, 4503.102, 4503.19, 4505.06, 4507.011, 7,193
4507.02, 4509.101, 4561.021, 4561.20, 4561.341, 4563.01, 4906.10, 7,195
5501.03, 5501.04, 5501.07, 5502.01, 5502.13, 5502.14, 5502.16, 7,197
5502.17, 5502.18, 5502.62, 5517.011, 5735.051, 5739.02, and 7,198
5741.02 and sections 4501.14 and 5502.61 of the Revised Code are 7,199
hereby repealed. 7,200
Section 3. Except as otherwise provided, all appropriation 7,202
line items (ALI) in this act are hereby appropriated out of any 7,203
moneys in the state treasury to the credit of the designated 7,204
fund, which are not otherwise appropriated. For all 7,205
appropriations made in this act, those amounts in the first 7,206
column are for fiscal year 2000 and those amounts in the second 7,207
column are for fiscal year 2001. 7,208
Section 4. DOT DEPARTMENT OF TRANSPORTATION 7,212
FND ALI ALI TITLE FY 2000 FY 2001 7,214
Transportation Planning and Research 7,216
Highway Operating Fund Group 7,218
002 771-411 Planning and Research 7,221
- State $ 11,817,700 $ 12,106,000 7,223
002 771-412 Planning and Research 7,225
- Federal $ 25,424,800 $ 25,510,000 7,227
173
TOTAL HOF Highway Operating 7,228
Fund Group $ 37,242,500 $ 37,616,000 7,231
TOTAL ALL BUDGET FUND GROUPS - 7,232
Transportation Planning 7,233
and Research $ 37,242,500 $ 37,616,000 7,236
Highway Construction 7,237
Highway Operating Fund Group 7,239
002 772-421 Highway Construction 7,241
- State $ 366,422,300 $ 377,232,400 7,243
002 772-422 Highway Construction 7,245
- Federal $ 859,575,200 $ 874,490,000 7,247
002 772-424 Highway Construction 7,249
- Other $ 50,000,000 $ 50,000,000 7,251
212 770-005 Infrastructure Debt 7,253
Service - Federal $ 16,100,000 $ 16,300,000 7,255
212 772-423 Infrastructure Lease 7,257
Payments - Federal $ 12,534,463 $ 12,535,063 7,259
212 772-426 Highway 7,261
Infrastructure Bank -
Federal $ 5,000,000 $ 5,000,000 7,263
212 772-427 Highway 7,265
Infrastructure Bank -
State $ 32,030,000 $ 32,030,000 7,267
TOTAL HOF Highway Operating 7,268
Fund Group $1,341,661,963 $1,367,587,463 7,271
Highway Capital Improvement Fund Group 7,273
042 772-723 Highway Construction 7,276
- Bonds $ 225,000,000 $ 102,500,000 7,278
TOTAL 042 Capital Highway 7,279
Improvement
Fund Group $ 225,000,000 $ 102,500,000 7,282
Infrastructure Bank Obligations 7,283
Fund Group
174
045 772-428 Highway 7,285
Infrastructure Bank -
Bonds $ 30,000,000 $ 0 7,287
TOTAL 045 Infrastructure Bank 7,288
Obligations Fund Group $ 30,000,000 $ 0 7,291
TOTAL ALL BUDGET FUND GROUPS - 7,292
Highway Construction $1,596,661,963 $1,470,087,463 7,295
Highway Maintenance 7,297
Highway Operating Fund Group 7,299
002 773-431 Highway Maintenance - 7,302
State $ 361,614,800 $ 361,027,000 7,304
TOTAL HOF Highway Operating 7,305
Fund Group $ 361,614,800 $ 361,027,000 7,308
TOTAL ALL BUDGET FUND GROUPS - 7,311
Highway Maintenance $ 361,614,800 $ 361,027,000 7,314
Intermodal Transportation 7,317
State Special Revenue Fund Group 7,319
4Y2 774-446 Congestion Mitigation 7,322
Revolving Fund $ 50,000 $ 50,000 7,324
4T5 770-609 Administration 7,326
Memorial Fund $ 5,000 $ 5,000 7,328
TOTAL SSR State Special Revenue 7,329
Fund Group $ 55,000 $ 55,000 7,332
TOTAL ALL BUDGET FUND GROUPS - 7,333
Intermodal Transportation $ 55,000 $ 55,000 7,336
Public Transportation 7,338
Highway Operating Fund Group 7,339
002 775-452 Public Transportation 7,342
- Federal $ 43,375,000 $ 43,375,000 7,344
002 775-454 Public Transportation 7,346
- Other $ 1,002,000 $ 1,002,000 7,348
002 775-459 Elderly and Disabled 7,350
Special Equipment -
Federal $ 3,510,000 $ 3,510,000 7,352
175
TOTAL HOF Highway Operating 7,353
Fund Group $ 47,887,000 $ 47,887,000 7,356
TOTAL ALL BUDGET FUND GROUPS - 7,357
Public Transportation $ 47,887,000 $ 47,887,000 7,360
Rail Transportation 7,362
Highway Operating Fund Group 7,363
002 776-462 Grade Crossings - 7,366
Federal $ 15,000,000 $ 15,000,000 7,368
TOTAL HOF Highway Operating 7,369
Fund Group $ 15,000,000 $ 15,000,000 7,372
TOTAL ALL BUDGET FUND GROUPS - 7,373
Rail Transportation $ 15,000,000 $ 15,000,000 7,376
Aviation 7,378
Highway Operating Fund Group 7,380
002 777-472 Airport Improvements 7,383
- Federal $ 405,000 $ 405,000 7,385
002 777-475 Aviation 7,387
Administration $ 4,540,716 $ 4,557,140 7,389
TOTAL HOF Highway Operating 7,390
Fund Group $ 4,945,716 $ 4,962,140 7,393
TOTAL ALL BUDGET FUND GROUPS - 7,394
Aviation $ 4,945,716 $ 4,962,140 7,397
Administration 7,399
Highway Operating Fund Group 7,401
002 779-491 Administration - 7,404
State $ 107,561,200 $ 107,686,500 7,406
TOTAL HOF Highway Operating 7,407
Fund Group $ 107,561,200 $ 107,686,500 7,410
TOTAL ALL BUDGET FUND GROUPS - 7,411
Administration $ 107,561,200 $ 107,686,500 7,414
Debt Service 7,416
Highway Operating Fund Group 7,418
002 770-003 Administration - 7,421
State - Debt Service $ 18,000,000 $ 21,100,000 7,423
176
TOTAL HOF Highway Operating 7,424
Fund Group $ 18,000,000 $ 21,100,000 7,427
TOTAL ALL BUDGET FUND GROUPS - 7,428
Debt Service $ 18,000,000 $ 21,100,000 7,431
TOTAL Department of Transportation 7,434
TOTAL HOF Highway Operating 7,436
Fund Group $1,933,913,179 $1,962,866,103 7,439
TOTAL 042 Highway Capital 7,440
Improvement Fund Group $ 225,000,000 $ 102,500,000 7,443
TOTAL 045 Infrastructure Bank 7,444
Obligations Fund Group $ 30,000,000 $ 0 7,447
TOTAL SSR State Special Revenue 7,448
Fund Group $ 55,000 $ 55,000 7,451
TOTAL ALL BUDGET FUND GROUPS $2,188,968,179 $2,065,421,103 7,454
Section 4.01. Issuance of Bonds 7,457
The Commissioners of the Sinking Fund, upon the request of 7,459
the Director of Transportation, are hereby authorized to issue 7,460
and sell, in accordance with the provisions of Section 2m of 7,461
Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56 7,462
of the Revised Code, obligations, including bonds and notes, of 7,463
the State of Ohio in the aggregate amount of $320,000,000 in 7,464
addition to the original issuance of obligations heretofore 7,465
authorized by prior acts of the General Assembly. 7,466
The obligations shall be dated, issued, and sold from time 7,468
to time in such amounts as may be necessary to provide sufficient 7,469
moneys to the credit of the Highway Capital Improvement Fund 7,470
(Fund 042) created by section 5528.53 of the Revised Code to pay 7,472
costs charged to the fund when due as estimated by the Director 7,473
of Transportation, provided, however, that such obligations shall
be issued and sold at such time or times so that not more than 7,474
$220,000,000 original principal amount of obligations, plus the 7,475
principal amount of obligations that in prior fiscal years could 7,476
have been, but were not issued within the $220,000,000 limit, may 7,477
be issued in any fiscal year, and not more than $1,200,000,000 7,478
177
original principal amount of obligations issued pursuant to 7,479
Section 2m of Article VIII, Ohio Constitution, and sections
5528.51 and 5528.56 of the Revised Code are outstanding at any 7,480
one time.
Bond Funds Transfer 7,481
The Director of Budget and Management may cancel 7,483
encumbrances associated with Highway Obligations Construction 7,484
Fund (Fund 041) appropriations and reestablish such encumbrances 7,485
or parts of encumbrances as needed in fiscal year 2000 in the 7,486
Highway Capital Improvement Fund (Fund 042) appropriation item 7,487
772-723, Highway Construction - Bonds, for the same purpose and
to the same vendor. As determined by the director, the 7,488
appropriation authority necessary to reestablish such 7,489
encumbrances in fiscal year 2000 in Fund 042 is hereby 7,490
authorized. The director shall reduce each year's appropriation
balances by the amount of the encumbrances cancelled in its 7,491
respective line item. As determined by the director, any cash 7,492
balance remaining in Fund 041 may be transferred to Fund 042. 7,493
Section 4.02. Maintenance Interstate Highways 7,495
The Director of Transportation may remove snow and ice, and 7,497
maintain, repair, improve, or provide lighting upon interstate 7,498
highways that are located within the boundaries of municipal 7,499
corporations, adequate to meet the requirements of federal law. 7,501
When agreed in writing by the director and the legislative
authority of a municipal corporation, and notwithstanding 7,502
sections 125.01 and 125.11 of the Revised Code, the Department of 7,503
Transportation may reimburse the municipal corporation for all or 7,504
any part of the costs, as provided by such agreement, incurred by 7,505
the municipal corporation in maintaining, repairing, lighting, 7,506
and removing snow and ice from the interstate system. 7,507
Section 4.03. Transfer of Appropriations - Planning and 7,512
Research, Highway Construction, Maintenance and Administration 7,513
The Director of Budget and Management may approve requests 7,515
from the Department of Transportation for transfer of 7,516
178
appropriations for highway planning and research (appropriation 7,517
items 771-411 and 771-412), highway construction (appropriation 7,518
items 772-421, 772-422, and 772-424), highway maintenance 7,519
(appropriation item 773-431), and highway administration 7,520
(appropriation item 779-491). Transfers of appropriations shall 7,522
be made upon the written request of the Director of 7,523
Transportation with the approval of the Director of Budget and 7,524
Management. Such transfers shall be reported to the Controlling 7,525
Board at the next regularly scheduled meeting of the board. 7,526
This transfer language is intended to provide for emergency 7,528
situations and flexibility to meet unforeseen conditions that 7,529
could arise during the budget period. This will also allow the 7,530
department to optimize the use of available resources, and adjust 7,531
to circumstances affecting the obligation and expenditure of 7,532
federal funds. 7,533
Transfer of Appropriations - State Infrastructure Bank 7,535
The Director of Budget and Management may approve requests 7,537
from the Department of Transportation for transfer of 7,538
appropriations and cash of the Infrastructure Bank funds created 7,540
in section 5531.09 of the Revised Code, including transfers 7,541
between fiscal years 2000 and 2001. Such transfers shall be 7,542
reported to the Controlling Board at the next regularly scheduled
meeting of the board. However, the director may not make 7,543
transfers out of debt service and lease payment appropriation 7,544
items unless the director determines that the appropriated 7,545
amounts exceed the actual and projected debt, rental, or lease 7,546
payments.
The Director of Budget and Management may approve requests 7,548
from the Department of Transportation for transfer of 7,549
appropriations and cash of the Highway Operating Fund (Fund 002) 7,550
to the Infrastructure Bank funds created in section 5531.09 of 7,551
the Revised Code. The Director of Budget and Management may 7,552
transfer from the Infrastructure Bank funds to the Highway 7,554
Operating Fund up to the amounts originally transferred to the 7,555
179
Infrastructure Bank funds under this section. Such transfers 7,556
shall be reported to the Controlling Board at the next regularly 7,557
scheduled meeting of the board. However, the director may not 7,558
make transfers between modes and transfers between different 7,559
funding sources. 7,560
Increase Appropriation Authority - State Funds 7,562
In the event that revenues or unexpended balances credited 7,564
to the Highway Operating Fund exceed the estimates upon which the 7,565
appropriations have been made in this act, the Director of 7,567
Transportation may submit a request to the Controlling Board for 7,568
increased appropriation authority in the same manner as 7,569
prescribed in section 131.35 of the Revised Code. Such 7,571
additional revenues or unexpended balances are hereby 7,572
appropriated to the Department of Transportation when authorized 7,573
by the Controlling Board.
Increase Appropriation Authority - Federal and Local Funds 7,576
In the event that receipts or unexpended balances credited 7,578
to the Highway Operating Fund or apportionments or allocations 7,579
made available from the federal and local government exceed the 7,580
estimates upon which the appropriations have been made in this 7,583
act, such excess is hereby appropriated and may be added to the 7,584
appropriate item or items when requested by the Director of 7,585
Transportation and approved by the Director of Budget and 7,586
Management and the Controlling Board.
Reappropriations 7,588
All appropriations of the Highway Operating Fund (Fund 7,590
002), the Highway Capital Improvement Fund (Fund 042), and the 7,592
Infrastructure Bank funds created in section 5531.09 of the 7,593
Revised Code remaining unencumbered on June 30, 1999, and the 7,594
unexpended balance of prior years' appropriations that 7,595
subsequently become unencumbered after June 30, 1999, subject to 7,596
the availability of revenue as determined by the Director of 7,597
Transportation, are hereby reappropriated for the same purpose in 7,598
fiscal year 2000 upon the request of the Director of 7,599
180
Transportation with the approval of the Director of Budget and 7,601
Management. Such reappropriations shall be reported to the 7,602
Controlling Board at the next regularly scheduled meeting of the 7,603
board.
All appropriations of the Highway Operating Fund (Fund 7,605
002), the Highway Capital Improvement Fund (Fund 042), and the 7,607
Infrastructure Bank funds created in section 5531.09 of the 7,608
Revised Code remaining unencumbered as of June 30, 2000, are 7,610
reappropriated for use during fiscal year 2001 for the same 7,611
purpose. The department shall report all such reappropriations 7,612
to the Controlling Board. 7,613
Section 4.04. Public Access Roads for State Facilities 7,615
Of the foregoing appropriation item 772-421, Highway 7,617
Construction - State, $3,100,000 is to be used each fiscal year 7,618
during the 1999-2001 biennium by the Department of Transportation 7,619
for the construction, reconstruction, or maintenance of public 7,620
access roads, including support features, to and within state 7,621
facilities owned or operated by the Department of Natural 7,622
Resources, as requested by the Director of Natural Resources. 7,623
Notwithstanding section 5511.06 of the Revised Code, of the 7,625
foregoing appropriation item 772-421, Highway Construction - 7,626
State, $2,200,000 in each fiscal year of the 1999-2001 biennium 7,627
shall be used by the Department of Transportation for the 7,628
construction, reconstruction, or maintenance of park drives or 7,629
park roads within the boundaries of metropolitan parks. 7,630
Included in the foregoing appropriation item 772-421, 7,632
Highway Construction - State, the department may perform related 7,634
road work on behalf of the Ohio Expositions Commission at the 7,635
state fairgrounds. This includes reconstruction or maintenance 7,637
of public access roads, including support features, to and within 7,639
the facilities as requested by the commission and approved by the 7,640
Director of Transportation. 7,641
Liquidation of Unforeseen Liabilities 7,643
Any appropriation made to the Department of Transportation, 7,645
181
Highway Operating Fund, not otherwise restricted by law, is 7,646
available to liquidate unforeseen liabilities arising from 7,648
contractual agreements of prior years when the prior year 7,649
encumbrance is insufficient. 7,650
Congestion Mitigation 7,652
The foregoing appropriation item 774-446, Congestion 7,654
Mitigation Revolving Fund, shall be used to make loans or grants 7,655
for the construction, reconstruction, resurfacing, restoring, 7,656
rehabilitation, or replacement of public or private 7,657
transportation facilities as eligible under United States Code, 7,658
Title XXIII. Fund revenues shall include, but are not limited
to, payments received from any public or private agency in 7,659
repayment of a loan previously made from the fund or pursuant to 7,660
23 U.S.C. 129(a)(7) or successor legislation; interest or other 7,661
income earned on the investment of moneys in the fund; and any 7,662
additional moneys made available from any sources, public or
private, for the purposes for which the fund has been 7,663
established.
Section 4.05. Department of Taxation 7,665
By the thirtieth day of June of each fiscal year, the 7,667
Director of Budget and Management shall transfer $4,300,000 in 7,668
cash from Fund 002, the Highway Operating Fund, to the General 7,669
Revenue Fund for reimbursement of the services provided by the 7,671
Department of Taxation pursuant to sections 5728.08, 5735.26, and 7,672
5735.29 of the Revised Code.
Rental Payments - OBA 7,674
The foregoing appropriation item 770-003, Administration - 7,676
State - Debt Service, shall be used to pay rent to the Ohio 7,677
Building Authority for various capital facilities to be 7,679
constructed, reconstructed, or rehabilitated for the use of the 7,681
Department of Transportation, including the department's plant 7,682
and facilities at its central office, field districts, and county 7,683
and outpost locations. The rental payments shall be made from 7,684
revenues received from the motor vehicle fuel tax. The amounts 7,685
182
of any bonds and notes to finance such capital facilities shall 7,686
be at the request of the Director of Transportation. 7,687
Notwithstanding section 152.24 of the Revised Code, the Ohio 7,688
Building Authority may, with approval of the Office of Budget and 7,689
Management, lease capital facilities to the Department of 7,690
Transportation.
The Director of Transportation shall hold title to any land 7,692
purchased and any resulting structures that are attributable to 7,693
this appropriation item. Notwithstanding section 152.18 of the 7,695
Revised Code, the Director of Transportation shall administer any 7,697
purchase of land and any contract for construction, 7,699
reconstruction, and rehabilitation of facilities as a result of 7,700
this appropriation.
Should the appropriation and any reappropriations from 7,702
prior years in appropriation item 770-003 exceed the rental 7,703
payments for fiscal year 2000 or 2001, then prior to June 30, 7,704
2001, the balance may be transferred to appropriation item 7,705
772-421, 773-431, or 779-491. Such transfer shall be requested 7,707
by the Director of Transportation with approval by the Director 7,708
of Budget and Management. Transfers shall be reported to the 7,709
Controlling Board at the next regularly scheduled meeting of the 7,710
board.
Section 4.06. Composite Bridge Decks 7,712
The Governor may authorize a program to investigate the use 7,714
of composite and other alternative material bridge decks both to 7,715
extend scarce transportation dollars and to promote economic 7,716
development in Ohio.
Section 4.07. Public Transportation Highway Purpose Grants 7,718
The Director of Transportation is authorized to use 7,720
revenues from the state motor vehicle fuel tax to match approved 7,722
federal grants awarded to the Department of Transportation, 7,724
regional transit authorities, or eligible public transportation 7,725
systems, for public transportation highway purposes, or to 7,726
support local or state funded projects for public transportation 7,728
183
highway purposes. Public transportation highway purposes 7,729
include: the construction or repair of high-occupancy vehicle 7,730
traffic lanes, the acquisition or construction of park-and-ride 7,732
facilities, the acquisition or construction of public 7,733
transportation vehicle loops, the construction or repair of 7,734
bridges used by public transportation vehicles or that are the 7,736
responsibility of a regional transit authority or other public 7,738
transportation system, or other similar construction that is 7,740
designated as an eligible public transportation highway purpose. 7,742
These motor vehicle fuel tax revenues may not be used for
operating assistance or for the purchase of vehicles, equipment, 7,743
or maintenance facilities. 7,744
Section 4.08. Aviation Fuel Study 7,746
The Department of Transportation shall complete a 7,748
comprehensive aviation study with the cooperation of the Office 7,749
of Budget and Management, the Legislative Budget Office of the 7,750
Legislative Service Commission, the Department of Taxation, and 7,752
any other agency that is deemed necessary. The report shall 7,753
include all the following and any additional information deemed 7,754
necessary:
(A) The amount of aviation fuel sold in Ohio by type; 7,756
(B) A breakdown of all taxes paid on that fuel; 7,758
(C) The current state of the airport infrastructure of 7,760
Ohio's public use general aviation airports; 7,761
(D) The forecasted needs of those airports in the 21st 7,763
century.
The report shall be completed by October 1, 1999, and 7,765
reported to the House Finance and Appropriations Committee. 7,766
Section 5. DHS DEPARTMENT OF PUBLIC SAFETY 7,768
Highway Safety Information and Education 7,769
State Highway Safety Fund Group 7,771
036 761-321 Operating Expense - 7,774
Information and
Education $ 2,817,706 $ 2,893,048 7,776
184
036 761-402 Traffic Safety Match $ 277,137 $ 277,137 7,780
831 761-610 Information and 7,782
Education - Federal $ 532,824 $ 539,964 7,784
83N 761-611 Elementary School 7,786
Seat Belt Program $ 362,356 $ 370,151 7,788
832 761-612 Traffic 7,790
Safety-Federal $ 11,911,963 $ 12,312,386 7,792
844 761-613 Seat Belt Education 7,794
Program $ 208,743 $ 213,753 7,796
846 761-625 Motorcycle Safety 7,798
Education $ 1,250,698 $ 1,271,962 7,800
847 761-622 Film Production 7,802
Reimbursement $ 43,079 $ 44,285 7,804
TOTAL HSF State Highway Safety 7,805
Fund Group $ 17,406,506 $ 17,924,687 7,808
TOTAL ALL BUDGET FUND GROUPS - 7,809
Highway Safety Information 7,810
and Education $ 17,406,506 $ 17,924,687 7,813
Federal Highway Safety Program Match 7,816
The foregoing appropriation item 761-402, Traffic Safety 7,818
Match, shall be used to provide the nonfederal portion of the 7,819
federal Highway Safety Program. Upon request by the Director of 7,820
Public Safety and approval by the Director of Budget and 7,821
Management, appropriation item 761-402 shall be used to transfer 7,822
appropriations from the Highway Safety Fund to the Traffic Safety 7,823
- Federal Fund (Fund 832) at the beginning of each fiscal year on 7,824
an intrastate transfer voucher. 7,825
Film Production Reimbursement 7,827
The foregoing appropriation item 761-622, Film Production 7,829
Reimbursement, shall be used by the Division of Administration of 7,830
the Department of Public Safety for the purpose of providing a 7,832
method of collection from other state agencies for services and 7,834
supplies provided for production of public service announcements 7,835
and training materials. This appropriation shall be expended 7,836
185
only for supplies and the maintenance of equipment necessary to 7,839
perform such services.
Section 5.01. Bureau of Motor Vehicles 7,841
State Special Revenue Fund Group 7,843
4U0 762-638 Collegiate License 7,846
Plate Program $ 406,709 $ 416,470 7,848
4U2 762-641 Football Hall of Fame 7,850
License Plates $ 252,975 $ 259,046 7,852
5G8 762-668 Ohio CASA/GAL License 7,854
Plates $ 300,000 $ 307,200 7,856
5G9 762-669 Rotary International 7,858
License Plates $ 20,000 $ 20,480 7,860
5J0 762-670 Pro Sports Team 7,862
License Plates $ 1,250,000 $ 2,500,000 7,864
5J1 762-671 Boy Scouts License 7,866
Plates $ 25,000 $ 25,000 7,868
5J2 762-672 Girl Scouts License 7,870
Plates $ 25,000 $ 25,000 7,872
5J3 762-673 Eagle Scouts License 7,874
Plates $ 25,000 $ 25,000 7,876
5J4 762-674 FOP License Plates $ 15,000 $ 15,000 7,880
5J5 762-675 FOP Associates 7,882
License Plates $ 60,000 $ 60,000 7,884
539 762-614 Motor Vehicle Dealers 7,886
Board $ 222,623 $ 227,506 7,888
TOTAL SSR State Special Revenue 7,889
Fund Group $ 2,602,307 $ 3,880,702 7,892
State Highway Safety Fund Group 7,895
4W4 762-321 Operating Expense-BMV $ 59,524,444 $ 59,584,303 7,900
4W4 762-410 Registrations 7,902
Supplement $ 31,480,879 $ 32,197,278 7,904
83R 762-639 Local Immobilization 7,906
Reimbursement $ 1,261,973 $ 1,292,260 7,908
186
835 762-616 Financial 7,910
Responsibility
Compliance $ 5,650,575 $ 5,674,529 7,912
849 762-627 Automated Title 7,914
Processing Board $ 16,354,358 $ 11,858,624 7,916
TOTAL HSF State Highway Safety 7,917
Fund Group $ 114,272,229 $ 110,606,994 7,920
TOTAL ALL BUDGET FUND GROUPS - 7,921
Bureau of Motor Vehicles $ 116,874,536 $ 114,487,696 7,924
Motor Vehicle Registrations 7,927
The Registrar of Motor Vehicles may deposit revenues equal 7,930
to any estimated deficiency in the State Bureau of Motor Vehicles 7,931
Fund (Fund 4W4), established in section 4501.25 of the Revised 7,932
Code, obtained pursuant to sections 4503.02 and 4504.02 of the 7,933
Revised Code to support in part appropriations for operating 7,934
expenses and to defray the cost of manufacturing and distributing 7,935
license plates and license plate stickers and enforcing the law 7,936
relative to the operation and registration of motor vehicles. 7,937
Notwithstanding section 4501.03 of the Revised Code, the above 7,938
amount shall be paid into the State Bureau of Motor Vehicles Fund 7,939
before any revenues obtained pursuant to sections 4503.02 and 7,941
4504.02 of the Revised Code are paid into any other fund. The 7,942
deposit of revenues to meet the aforementioned deficiency shall 7,943
be in approximate equal amounts on a monthly basis or as 7,944
otherwise determined by the Director of Budget and Management
pursuant to a plan submitted by the Registrar of Motor Vehicles. 7,945
Capital Projects 7,947
The Registrar of Motor Vehicles may transfer revenue from 7,951
the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 7,952
Highway Safety Fund (Fund 036) to meet its obligations for 7,953
capital projects CIR-047, Department of Public Safety Office 7,954
Building, and CIR-049, Warehouse Facility. 7,955
Administrative Functions 7,957
Subject to the approval of the Director of Budget and 7,959
187
Management, the Registrar of Motor Vehicles may transfer cash 7,960
from the State Bureau of Motor Vehicles Fund (Fund 4W4) and the 7,961
Automated Title Processing Fund (Fund 849) to the State Highway 7,962
Safety Fund (Fund 036) to meet obligations for its proportionate 7,963
share of costs for the department's administrative functions, as 7,965
mutually agreed to between the Director of Public Safety and the 7,966
Registrar of Motor Vehicles.
Bureau of Motor Vehicle Fund Consolidation 7,968
On July 1, 1999, or as soon thereafter as possible, the 7,970
Director of Budget and Management shall transfer the cash 7,972
balances in the Central Registration Fund (Fund 83E) and the 7,973
Facility Rentals Fund (Fund 83L) to the State Bureau of Motor 7,974
Vehicles Fund (Fund 4W4). Both the Central Registration Fund and 7,975
the Facility Rentals Fund are hereby abolished. The spending 7,976
authority to honor encumbrances established in the prior fiscal 7,978
year is hereby appropriated.
Section 5.02. Enforcement 7,980
State Highway Safety Fund Group 7,981
036 764-033 Minor Capital 7,984
Projects $ 1,659,186 $ 1,689,075 7,986
036 764-321 Operating Expense - 7,988
Highway Patrol $ 172,777,889 $ 171,329,899 7,990
83C 764-630 Contraband, 7,992
Forfeiture, Other $ 572,263 $ 583,057 7,994
83F 764-657 Law Enforcement Auto. 7,996
Data System $ 4,794,209 $ 4,882,658 7,998
83G 764-633 OMVI Fines $ 727,033 $ 731,550 8,002
831 764-610 Patrol/Federal $ 2,055,814 $ 2,049,980 8,006
831 764-659 Transportation 8,008
Enforcement - Federal $ 2,517,623 $ 2,499,615 8,010
837 764-602 Turnpike Policing $ 8,347,714 $ 8,312,784 8,014
838 764-606 Patrol Reimbursement $ 212,025 $ 212,025 8,018
840 764-607 State Fair Security $ 1,248,521 $ 1,241,747 8,022
188
840 764-617 Security and 8,024
Investigations $ 3,964,371 $ 3,940,861 8,026
840 764-626 State Fairgrounds 8,028
Police Force $ 732,167 $ 750,364 8,030
840 761-667 Security Assessment $ 137,560 $ 139,416 8,034
841 764-603 Salvage and Exchange 8,036
- Highway Patrol $ 1,187,761 $ 1,216,267 8,038
TOTAL HSF State Highway Safety 8,039
Fund Group $ 200,934,136 $ 199,579,298 8,042
General Services Fund Group 8,045
4S2 764-660 MARCS Maintenance $ 304,284 $ 303,550 8,050
TOTAL GSF General Services 8,051
Fund Group $ 304,284 $ 303,550 8,054
TOTAL ALL BUDGET FUND GROUPS - 8,055
Enforcement $ 201,238,420 $ 199,882,848 8,058
Collective Bargaining Increases 8,061
Notwithstanding division (D) of section 127.14 and division 8,063
(B) of section 132.35 of the Revised Code, except for the General 8,064
Revenue Fund, the Controlling Board may, upon the request of 8,066
either the Director of Budget and Management, or the Department 8,067
of Public Safety with the approval of the Director of Budget and 8,069
Management, increase appropriations for any fund, as necessary 8,071
for the Department of Public Safety, to assist in paying the 8,072
costs of increases in employee compensation that have occurred 8,074
that are provided pursuant to collective bargaining agreements 8,075
under Chapter 4117. of the Revised Code and, for exempt 8,076
employees, under section 124.152 of the Revised Code. 8,077
Section 5.03. Emergency Medical Services 8,079
State Highway Safety Fund Group 8,081
83M 765-624 Operating Expenses - 8,084
EMS $ 1,560,000 $ 1,578,512 8,086
83P 765-637 EMS Grants $ 4,000,000 $ 4,000,000 8,090
831 765-610 EMS/Federal $ 251,760 $ 257,803 8,094
TOTAL HSF State Highway Safety 8,095
189
Fund Group $ 5,811,760 $ 5,836,315 8,098
TOTAL ALL BUDGET FUND GROUPS - 8,099
Emergency Medical Services $ 5,811,760 $ 5,836,315 8,102
Section 5.04. Special Enforcement 8,105
State Highway Safety Fund Group 8,107
831 767-610 Liquor Enforcement - 8,110
Federal $ 200,000 $ 200,000 8,112
831 769-610 Food Stamp 8,114
Trafficking
Enforcement - Federal $ 721,787 $ 878,704 8,116
TOTAL HSF State Highway Safety 8,117
Fund Group $ 921,787 $ 1,078,704 8,120
Liquor Control Fund Group 8,123
043 767-321 Liquor Enforcement - 8,126
Operations $ 8,531,000 $ 8,379,000 8,128
TOTAL LCF Liquor Control Fund 8,129
Group $ 8,531,000 $ 8,379,000 8,132
State Special Revenue Fund Group 8,135
622 767-615 Investigative 8,138
Contraband and
Forfeiture $ 377,295 $ 385,768 8,140
TOTAL SSR State Special Revenue 8,141
Fund Group $ 377,295 $ 385,768 8,144
TOTAL ALL BUDGET FUND GROUPS - 8,145
Special Enforcement $ 9,830,082 $ 9,843,472 8,148
Food Stamp and Liquor Enforcement Fund Consolidation 8,151
On July 1, 1999, or as soon thereafter as possible, the 8,153
Director of Budget and Management shall transfer the cash 8,155
balances in the Liquor Enforcement Contraband, Forfeiture and 8,157
Other Fund (Fund 863) and the Food Stamp Contraband, Forfeiture
and Other Fund (Fund 4M3) to the Investigative Contraband, 8,158
Forfeiture and Other Fund (Fund 622). Both the Liquor 8,160
Enforcement Contraband, Forfeiture and Other Fund and the Food 8,161
Stamp Contraband, Forfeiture and Other Fund are hereby abolished. 8,162
190
The spending authority to honor encumbrances established in the
prior fiscal year is hereby appropriated. 8,163
Section 5.05. Emergency Management 8,165
Federal Special Revenue Fund Group 8,167
3N5 763-644 U.S. DOE Agreement $ 199,875 $ 195,961 8,173
329 763-645 Individual/Family 8,175
Grant - Fed $ 750,000 $ 749,674 8,177
337 763-609 Federal Disaster 8,179
Relief $ 10,600,000 $ 5,597,556 8,181
339 763-647 Emergency Management 8,183
Assistance and
Training $ 4,500,000 $ 4,490,434 8,185
TOTAL FED Federal Special 8,186
Revenue Fund Group $ 16,049,875 $ 11,033,625 8,189
General Services Fund Group 8,192
4V3 763-662 Storms/NOAA 8,195
Maintenance $ 169,900 $ 167,943 8,197
4W6 763-663 MARCS Operations $ 436,000 $ 432,447 8,201
533 763-601 State Disaster Relief $ 8,370,843 $ 4,372,348 8,205
TOTAL GSF General Services 8,206
Fund Group $ 8,976,743 $ 4,972,738 8,209
State Special Revenue Fund Group 8,212
4Y0 763-654 EMA Utility Payment $ 143,220 $ 146,657 8,217
4Y1 763-655 Salvage & 8,219
Exchange-EMA $ 27,028 $ 27,676 8,221
657 763-652 Utility Radiological 8,223
Safety $ 822,079 $ 806,339 8,225
681 763-653 SARA Title III HAZMAT 8,227
Planning $ 190,000 $ 188,452 8,229
TOTAL SSR State Special Revenue 8,230
Fund Group $ 1,182,327 $ 1,169,124 8,233
TOTAL ALL BUDGET FUND GROUPS - 8,234
Emergency Management $ 26,208,945 $ 17,175,487 8,237
MARCS Fund Transfer 8,240
191
In the event that the Emergency Management Agency is not 8,242
designated by the Director of Administrative Services as the 8,243
agency to operate the Multi-Agency Radio Communications System 8,244
(MARCS), the Director of Budget and Management, with the 8,245
concurrence of the Director of Public Safety and the approval of 8,246
the Controlling Board, shall transfer the MARCS System Operations
Fund (Fund 4W6) and appropriation item 763-663, MARCS Operations, 8,247
from the Emergency Management Agency to the state agency that is 8,249
designated by the Director of Administrative Services as the 8,250
caretaker of the operation of the Multi-Agency Radio 8,251
Communications System.
SARA Title III HAZMAT Planning 8,253
The SARA Title III HAZMAT Planning Fund (Fund 681) shall 8,255
receive grant funds from the Emergency Response Commission to 8,256
implement the Emergency Management Agency's responsibilities 8,257
under Sub. S.B. 367 of the 117th General Assembly.
Section 5.06. Administration 8,259
State Highway Safety Fund Group 8,261
036 766-321 Operating Expense - 8,264
Administration $ 4,373,000 $ 4,442,000 8,266
830 761-603 Salvage and Exchange 8,268
- Administration $ 20,574 $ 21,067 8,270
TOTAL HSF State Highway Safety 8,271
Fund Group $ 4,393,574 $ 4,463,067 8,274
General Services Fund Group 8,277
4S3 766-661 Hilltop Utility 8,280
Reimbursement $ 550,000 $ 550,000 8,282
5C7 762-664 8,283
TOTAL GSF General Services 8,284
Fund Group $ 550,000 $ 550,000 8,287
TOTAL ALL BUDGET FUND GROUPS - 8,288
Administration $ 4,943,574 $ 5,013,067 8,291
Section 5.07. Debt Service 8,294
State Highway Safety Fund Group 8,296
192
036 761-401 Lease Rental Payments $ 12,600,000 $ 14,000,000 8,301
TOTAL HSF State Highway Safety 8,302
Fund Group $ 12,600,000 $ 14,000,000 8,305
TOTAL ALL BUDGET FUND GROUPS - 8,306
Debt Service $ 12,600,000 $ 14,000,000 8,309
Hilltop Security Fund Consolidation 8,312
On July 1, 1999, or as soon thereafter as possible, the 8,314
Director of Budget and Management shall transfer the cash 8,316
balances in the Hilltop Security Fund (Fund 5C8) to the State 8,317
Highway Safety Fund (Fund 036) and the Hilltop Security Fund is 8,318
hereby abolished. The spending authority to honor encumbrances
established in the prior fiscal year is hereby appropriated. 8,319
OBA Bond Authority/Lease Rental Payments 8,321
The foregoing appropriation item 761-401, Lease Rental 8,323
Payments, shall be used for payments to the Ohio Building 8,324
Authority for the period July 1, 1999, to June 30, 2001, pursuant 8,325
to the primary leases and agreements for those buildings made 8,326
under Chapter 152. of the Revised Code that are pledged for bond 8,327
service charges on related obligations issued pursuant to Chapter 8,328
152. of the Revised Code. Notwithstanding section 152.24 of the 8,329
Revised Code, the Ohio Building Authority may, with approval of 8,330
the Office of Budget and Management, lease capital facilities to 8,331
the Department of Public Safety. 8,332
Hilltop Transfer 8,334
The Director of Public Safety shall determine, per an 8,336
agreement with the Director of Transportation, the share of each 8,337
debt service payment made out of appropriation item 761-401, 8,338
Lease Rental Payments, that relates to the Department of 8,339
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the 8,340
amounts of this share. The Director of Budget and Management 8,341
shall transfer such shares from the Highway Operating Fund (Fund 8,342
002) to the Highway Safety Fund (Fund 036).
Section 5.08. Revenue Distribution 8,344
193
Holding Account Redistribution Fund Group 8,346
R24 762-619 Unidentified Motor 8,349
Vehicle Receipts $ 1,600,000 $ 1,600,000 8,351
R27 764-608 Patrol Fee Refunds $ 35,000 $ 35,000 8,355
TOTAL 090 Holding Account 8,356
Redistribution Fund Group $ 1,635,000 $ 1,635,000 8,359
TOTAL ALL BUDGET FUND GROUPS - 8,360
Revenue Distribution $ 1,635,000 $ 1,635,000 8,363
TOTAL Department of Public Safety 8,365
TOTAL HSF State Highway Safety 8,367
Fund Group $ 356,337,992 $ 353,487,064 8,370
TOTAL SSR State Special Revenue 8,371
Fund Group $ 4,161,929 $ 5,435,594 8,374
TOTAL LCF Liquor Control 8,375
Fund Group $ 8,531,000 $ 8,379,000 8,378
TOTAL GSF General Services 8,379
Fund Group $ 9,831,027 $ 5,826,288 8,382
TOTAL FED Federal Revenue Special 8,383
Fund Group $ 16,049,875 $ 11,033,625 8,386
TOTAL 090 Holding Account 8,387
Redistribution
Fund Group $ 1,635,000 $ 1,635,000 8,390
TOTAL ALL BUDGET FUND GROUPS $ 396,546,823 $ 385,796,571 8,393
Section 5.09. Transfer of Funds 8,396
The Director of Budget and Management, pursuant to a plan 8,398
submitted by the Department of Public Safety or as otherwise 8,399
determined by the director, shall set a monthly cash transfer 8,400
schedule to meet any estimated deficiency in the State Highway 8,401
Safety Fund (Fund 036) established in section 4501.06 of the 8,402
Revised Code.
The director shall transfer to the Highway Safety Fund from 8,404
the Highway Operating Fund (Fund 002) established in section 8,405
5735.291 of the Revised Code such amounts at such times as 8,406
determined by the transfer schedule. 8,407
194
Data Services Fund 8,409
Upon the effective date of this section, any residual cash 8,411
in the Data Services Fund (Fund 5C7) shall be transferred to the 8,412
Highway Safety Fund (Fund 036) and the Bureau of Motor Vehicles 8,413
Fund (Fund 4W4). The residual cash shall be divided between 8,414
Funds 036 and 4W4 in amounts proportional to the amounts that 8,415
were previously transferred to Fund 5C7 from Funds 036 and 4W4 as 8,417
provided in Section 8.09 of Am. Sub. H.B. 210 of the 122nd 8,418
General Assembly.
Notwithstanding any provision of law to the contrary, the 8,421
Director of Budget and Management is authorized to take the
actions as described in this section. The Director of Budget and 8,422
Management may make any transfers of cash balances between funds 8,423
5C7, 036, and 4W4 as previously described in this section. The 8,424
Registrar of Motor Vehicles shall certify to the Director of 8,425
Budget and Management the amount of cash balance to be 8,426
transferred to the receiving funds. 8,427
Cash Balance Fund Review 8,429
Not later than the first day of April in each fiscal year 8,431
of the biennium, the Director of Budget and Management shall 8,433
review the cash balances for each fund, except the State Highway 8,435
Safety Fund (Fund 036), in the State Highway Safety Fund Group 8,436
and with the advice of the Legislative Budget Officer shall 8,437
recommend to the Controlling Board an amount to be transferred to 8,439
the credit of the State Highway Safety Fund, or the Bureau of
Motor Vehicles Fund, as appropriate. 8,440
Section 6. DEV DEPARTMENT OF DEVELOPMENT 8,442
State Special Revenue Fund Group 8,444
4W0 195-629 Roadwork Development $ 12,699,900 $ 12,699,900 8,449
TOTAL SSR State Special Revenue 8,450
Fund Group $ 12,699,900 $ 12,699,900 8,453
TOTAL ALL BUDGET FUND GROUPS $ 12,699,900 $ 12,699,900 8,456
Any unspent balance remaining within Fund 4W0 appropriation 8,458
item 195-629, Roadwork Development, at the end of fiscal year 8,459
195
1999 is hereby appropriated in fiscal year 2000. 8,460
Roadwork Development Fund 8,462
The Roadwork Development Fund shall be used for road 8,464
improvements associated with economic development opportunities 8,465
that will retain or attract businesses for Ohio. "Road 8,466
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site. 8,467
The Department of Transportation, under the direction of 8,469
the Department of Development, shall provide these funds in 8,470
accordance with all guidelines and requirements established for 8,471
Department of Development appropriation item 195-412, Business 8,472
Development, including Controlling Board review and approval as 8,473
well as the requirements for usage of gas tax revenue prescribed 8,474
in Section 5a of Article XII, Ohio Constitution. Should the 8,476
Department of Development require the assistance of the 8,477
Department of Transportation to bring a project to completion, 8,478
the Department of Transportation shall use the authority under
Title LV of the Revised Code to provide such assistance and enter 8,479
into contracts on behalf of the Department of Development. In 8,480
addition, these funds may be used in conjunction with 8,481
appropriation item 195-412, Business Development, or any other 8,483
state funds appropriated for infrastructure improvements.
The Director of Budget and Management, pursuant to a plan 8,485
submitted by the Department of Development or as otherwise 8,486
determined by the director, shall set a transfer schedule to meet 8,488
any estimated deficiency in the Department of Development's 8,489
Roadwork Development Fund (Fund 4W0). The director shall 8,490
transfer to the Roadwork Development Fund from the Highway 8,491
Operating Fund (Fund 002), established in section 5735.291 of the 8,492
Revised Code, such amounts at such times as determined by the 8,493
transfer schedule.
Transportation Improvement Districts 8,495
Of the foregoing appropriation item 195-629, Roadwork 8,497
Development, $250,000 each fiscal year of the biennium shall be 8,498
196
paid by the Director of Development to each of the transportation 8,499
improvement districts of Butler, Hamilton, Medina, and Stark 8,500
counties, as provided for in section 5540.151 of the Revised 8,502
Code. The transportation improvement districts may use the 8,503
payments for any purpose authorized under Chapter 5540. of the 8,504
Revised Code, including administrative activities and the
purchase of property and rights for the construction, 8,505
maintenance, or operation of a project. These payments shall not 8,506
be subject to the restrictions of appropriation item 195-629. 8,507
Section 7. PWC PUBLIC WORKS COMMISSION 8,509
Local Transportation Improvements Fund Group 8,511
052 150-402 LTIP - Operating $ 397,133 $ 402,980 8,516
052 150-701 Local Transportation 8,518
Improvement Program $ 62,000,000 $ 62,000,000 8,520
TOTAL 052 Local Transportation 8,521
Improvements Fund Group $ 62,397,133 $ 62,402,980 8,524
Local Infrastructure Improvements Fund Group 8,527
038 150-321 Operating Expenses $ 928,677 $ 941,989 8,532
TOTAL LIF Local Infrastructure 8,533
Improvements
Fund Group $ 928,677 $ 941,989 8,536
TOTAL ALL BUDGET FUND GROUPS $ 63,325,810 $ 63,344,969 8,539
District Administration Costs 8,542
The Director of the Public Works Commission is authorized 8,544
to create a District Administration Costs Program from interest 8,545
earnings of the Capital Improvements Fund and Local 8,547
Transportation Improvement Program Fund proceeds. This program 8,549
shall be used to provide for administration costs of the nineteen 8,550
public works districts for the direct costs of district 8,552
administration. Districts choosing to participate in this 8,553
program shall only expend Capital Improvements Fund moneys for 8,555
Capital Improvements Fund costs and Local Transportation 8,556
Improvement Program Fund moneys for Local Transportation 8,557
Improvement Program Fund costs. The account shall not exceed 8,558
197
$760,000 per fiscal year. Each public works district may be
eligible for up to $40,000 per fiscal year from its district 8,559
allocation as provided in sections 164.08 and 164.14 of the 8,560
Revised Code. 8,561
The director, by rule, shall define allowable and 8,563
nonallowable costs for the purpose of the District Administration 8,564
Costs Program. Nonallowable costs include indirect costs, 8,565
elected official salaries and benefits, and project-specific 8,566
costs. No district public works committee may participate in the 8,567
District Administration Costs Program without the approval of 8,568
those costs by the district public works committee pursuant to 8,569
section 164.04 of the Revised Code. 8,570
Reappropriations and Transfers 8,572
All appropriations to the Local Transportation Improvement 8,574
Program Fund (Fund 052) in Am. Sub. H.B. 210 of the 122nd General 8,576
Assembly remaining unencumbered as of June 30, 1999, are
reappropriated for use during the period July 1, 1999, through 8,577
June 30, 2001, for the same purpose. 8,578
Notwithstanding division (B) of section 127.14 of the 8,580
Revised Code, all appropriations and reappropriations to the 8,581
Local Transportation Improvement Program Fund (Fund 052) in this 8,582
act remaining unencumbered at June 30, 2000, may be transferred 8,583
to fiscal year 2001 for the same purpose, subject to the 8,584
availability of revenue as determined by the Director of the 8,585
Public Works Commission. 8,586
Section 8. Within the limits set forth in this act, the 8,588
Director of Budget and Management shall establish accounts 8,589
indicating the source and amount of funds for each item of 8,590
appropriation made in this act, and shall determine the form and 8,591
manner in which such appropriation accounts shall be maintained. 8,592
Expenditures from appropriations contained in this act may be 8,593
accounted as though made in the main operating appropriations act 8,595
of the 123rd General Assembly.
Section 9. Lease Payments to OPFC, OBA, and Treasurer 8,597
198
Certain appropriations are in this act for the purpose of 8,599
lease payments to the Ohio Public Facilities Commission, to the 8,600
Ohio Building Authority, and to the Treasurer of State for the 8,601
purpose of paying principal and interest on bonds or notes issued 8,602
by the Ohio Public Facilities Commission, the Ohio Building 8,603
Authority, or the Treasurer of State pursuant to the Ohio 8,604
Constitution and acts of the General Assembly. If it is 8,605
determined that additional appropriations are necessary for this 8,606
purpose, such amounts are hereby appropriated. 8,607
Section 10. The Legislative Budget Office of the 8,609
Legislative Service Commission shall conduct a study to determine 8,610
the need for additional resources to meet local construction and 8,611
maintenance needs for highways, bridges, and mass transit. The 8,612
study shall identify possible alternative sources of revenue that 8,613
could be imposed by local governments, or imposed by the state 8,614
and distributed to local governments. The study also shall 8,615
consider whether and how the state's allocation of funds to local 8,616
projects could be done in ways more responsive to local needs and 8,618
local variations in the condition of highways, bridges, and mass 8,619
transit systems. The Legislative Budget Office shall submit a 8,621
report setting forth the results of its study to the General 8,622
Assembly on or before July 1, 2000.
Section 11. (A) Not later than 90 days after the 8,624
effective date of section 5525.25 of the Revised Code, the 8,625
Director of Transportation shall report to the Controlling Board 8,626
on the Department of Transportation's comprehensive 8,627
implementation plan for warranties. The report shall include the 8,628
following:
(1) The number and type of projects to be bid meeting the 8,630
requirements of divisions (A) and (B) of that section; 8,631
(2) An investigation of alternative warranty contracting 8,633
options, including incentives, different bidding methods, and 8,634
implementation of new technologies, construction techniques, and 8,635
materials to prolong pavement life considering such factors as 8,636
199
density, smoothness, and segregation; 8,637
(3) Development of a surface warranty for all pavement 8,639
projects on interstate highways and multi-lane, fully 8,640
controlled-access highways under jurisdiction of the director. 8,641
The surface warranty shall warrant only against common pavement 8,642
distresses, including, but not limited to, delamination, 8,643
raveling, and rutting. The implementation plan must include a 8,644
schedule of introduction of the surface warranty into the 8,645
department's annual construction program so that all pavement 8,646
projects let by the department require the warranty not later 8,647
than June 30, 2001.
(B) Not later than December 31, 2000, the director shall 8,649
report to the General Assembly the department's findings on the 8,650
use of warranties, including comparisons of cost, techniques and 8,651
quality of warranted and nonwarranted items, and recommendations 8,652
for further use of warranties. 8,653
Section 12. The Executive Director of the Ohio Rail 8,655
Development Commission, the Chairman of the Public Utilities 8,656
Commission, and the Deputy Director of the Emergency Management 8,657
Agency shall review and evaluate information and develop a report 8,658
concerning the following topics: 8,660
(A) Grade separations and improvements needed to alleviate 8,662
safety problems and congestion in the state; 8,664
(B) How to develop a priority system to determine the 8,666
order in which those grade separations and improvements could be 8,668
made;
(C) Potential funding sources for the grade separation and 8,670
improvement projects; 8,671
(D) Statutory and regulatory changes that may be necessary 8,672
to maintain the public health and safety with regard to predicted 8,673
increases in rail transportation of hazardous materials in this 8,674
state. 8,675
The Executive Director, Chairman, and Deputy Director shall 8,677
submit the report to the General Assembly on or before December 8,679
200
31, 1999.
Section 13. As used in this section, "Department of Public 8,681
Safety enforcement agent" has the same meaning as in section 8,682
145.01 of the Revised Code, as amended by this act. 8,683
Not later than ninety days after the effective date of this 8,685
section, each Department of Public Safety enforcement agent who 8,686
is a member of the Public Employees Retirement System and was not 8,687
immediately prior to the effective date of this section 8,688
designated as a liquor control investigator shall indicate to the 8,690
system, on a form supplied by the system, a choice of whether to 8,691
receive benefits under division (A) of section 145.33 of the 8,692
Revised Code or division (B) of that section.
Section 13.01. (A) On and after the effective date of 8,694
this section, whenever the Liquor Enforcement Unit, Food Stamp 8,695
Trafficking Unit, Food Stamp Fraud Unit, or Investigations Unit 8,696
of the Department of Public Safety is referred to or designated 8,698
in any statute, rule, contract, or other document, the reference 8,699
or designation shall be deemed to refer to the Investigative Unit 8,700
of the department, which is the name given under section 5502.13 8,701
of the Revised Code, as amended by this act, to the units 8,702
formerly known as the Liquor Enforcement Unit, Food Stamp 8,703
Trafficking Unit, Food Stamp Fraud Unit, and Investigation Unit 8,704
of the department.
(B) On and after the effective date of this section, 8,706
whenever the position of liquor control investigator or food 8,707
stamp trafficking agent is referred to or designated in any 8,708
statute, rule, contract, or other document, the reference or 8,709
designation shall be deemed to refer to the position of 8,710
enforcement agent, which is the name given under section 5502.14 8,711
of the Revised Code, as amended by this act, to the positions 8,712
formerly known as liquor control investigator or food stamp 8,713
trafficking agent.
(C) On the effective date of this section, any amounts in 8,715
the Liquor Enforcement Contraband, Forfeiture, and Other Fund and 8,716
201
in the Food Stamp Contraband, Forfeiture, and Other Fund shall be 8,717
transferred to the credit of the Department of Public Safety 8,718
Investigative Unit Contraband, Forfeiture, and Other Fund, which 8,719
is created under section 2933.43 of the Revised Code, as amended 8,720
by this act, and which takes the place of the Liquor Enforcement 8,721
Contraband, Forfeiture, and Other Fund and the Food Stamp 8,722
Contraband, Forfeiture, and Other Fund. 8,723
Section 14. That Section 3 of Am. Sub. S.B. 20 of the 8,725
120th General Assembly, as amended by Am. Sub. H.B. 215 of the 8,726
122nd General Assembly, be amended to read as follows: 8,727
"Sec. 3. (A) Not later than January 1, 1998, the 8,730
Registrar of Motor Vehicles shall adopt rules in accordance with 8,731
Chapter 119. of the Revised Code to establish a pilot program 8,732
requiring that persons randomly selected within the pilot program 8,733
according to a method developed by the Registrar be required to 8,735
verify the existence of proof of financial responsibility. Not 8,736
later than January 1, 2000, the Registrar shall adopt rules in 8,737
accordance with Chapter 119. of the Revised Code to establish a 8,738
permanent program requiring that persons randomly selected on a 8,740
statewide basis be required to verify the existence of proof of
financial responsibility. In adopting the rules, the Registrar 8,742
may consider relevant findings and recommendations of the Task 8,743
Force on the Enforcement of the Financial Responsibility Laws of 8,744
Ohio.
(B) THE RULES OF THE REGISTRAR FOR THE PILOT PROJECT SHALL 8,746
DO ALL OF THE FOLLOWING: 8,747
(1) ESTABLISH A THREE-STEP PROCESS FOR WRITTEN 8,749
NOTIFICATION TO THE OWNER OF A VEHICLE RANDOMLY SELECTED TO 8,750
SUBMIT PROOF OF FINANCIAL RESPONSIBILITY, WITH THE LAST 8,751
NOTIFICATION, WHEN NECESSARY FOR AN OWNER WHO FAILS TO RESPOND TO 8,752
THE PREVIOUS NOTICES, TO BE SENT BY CERTIFIED MAIL, RETURN 8,753
RECEIPT REQUESTED. IF THE SECOND NOTICE IS RETURNED AS NOT 8,755
DELIVERABLE, THE REGISTRAR SHALL MAKE REASONABLE EFFORTS TO
DETERMINE IF THE OWNER'S ADDRESS HAS CHANGED BEFORE SENDING THE 8,756
202
THIRD NOTICE.
(2) ALLOW AN ORDER OF THE REGISTRAR IMPOSING THE CIVIL 8,758
PENALTIES REQUIRED UNDER DIVISION (A)(2) OF SECTION 4509.101 OF 8,759
THE REVISED CODE TO BE ISSUED UPON THE FAILURE OF A VEHICLE OWNER 8,761
TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY IN RESPONSE TO THE 8,762
INITIAL NOTICE, BUT TO BE IMPLEMENTED IN REGARD TO OWNERS WHO 8,763
FAIL TO RESPOND ONLY AFTER THE OWNER HAS FAILED TO RESPOND TO THE 8,764
THIRD NOTICE SENT BY CERTIFIED MAIL OR THE CERTIFIED MAIL IS 8,765
RETURNED AS REFUSED OR NOT DELIVERABLE. 8,766
(3) REQUIRE THE REGISTRAR, WHEN RECORDING THE NECESSARY 8,768
INFORMATION FOR AN ORDER IMPOSING THE CIVIL PENALTIES REQUIRED 8,769
UNDER DIVISION (A)(2) OF SECTION 4509.101 OF THE REVISED CODE, TO 8,771
DISTINCTLY INDICATE THE TYPE OF SUSPENSION AND IMPOUNDMENT WHEN 8,772
THE SUSPENSION OF THE PERSON'S LICENSE AND THE IMPOUNDMENT OF THE 8,773
PERSON'S CERTIFICATE OF REGISTRATION AND LICENSE PLATES RESULTS 8,774
FROM A FAILURE TO RESPOND TO THE RANDOM VERIFICATION. 8,775
(4) ESTABLISH PROCEDURES FOR A PERSON TO PROVIDE PROOF OF 8,777
FINANCIAL RESPONSIBILITY AT THE OFFICE OF A DEPUTY REGISTRAR IF 8,778
THE OPERATING PRIVILEGES OR REGISTRATION RIGHTS OF THE PERSON ARE 8,779
SUSPENDED BECAUSE OF A FAILURE TO RESPOND TO A FINANCIAL 8,780
RESPONSIBILITY RANDOM VERIFICATION REQUEST. 8,781
(C) IF THE SUSPENSION OF A PERSON'S LICENSE AND THE 8,783
IMPOUNDMENT OF THE PERSON'S CERTIFICATE OF REGISTRATION AND 8,784
LICENSE PLATES RESULTS FROM A FAILURE TO RESPOND TO A RANDOM 8,785
VERIFICATION, THE REGISTRAR DISTINCTLY SHALL INDICATE THE TYPE OF 8,786
SUSPENSION AND IMPOUNDMENT WHEN PUTTING THE INFORMATION OF SUCH 8,787
AN ORDER INTO THE LAW ENFORCEMENT AUTOMATED DATA SYSTEM AND 8,788
RECORDING THE INFORMATION AS PART OF THE PERSON'S PERMANENT 8,789
RECORD."
Section 15. That existing Section 3 of Am. Sub. S.B. 20 of 8,791
the 120th General Assembly, as amended by Am. Sub. H.B. 215 of 8,792
the 122nd General Assembly, is hereby repealed. 8,793
Section 16. A task force to study the Bureau of Motor 8,795
Vehicles' existing method of random selection to verify financial 8,796
203
responsibility is hereby established. The task force shall study 8,797
the method and make recommendations on changes to the General 8,798
Assembly on or before June 1, 1999. The task force shall consist 8,799
of twelve members, including the Director of Public Safety, or 8,800
the Director's designee and the Superintendent of Insurance. The 8,802
Speaker of the House of Representatives shall appoint five 8,803
members of the House of Representatives to the task force, no 8,804
more than three of whom shall be from the same political party as 8,805
the Speaker. The President of the Senate shall appoint five 8,806
members of the Senate to the task force, no more than three of 8,807
whom shall be from the same political party as the President. 8,808
The Speaker and President shall make their appointments within 8,809
two weeks after the effective date of this section, and shall 8,810
jointly select the chairperson of the task force. The Director 8,811
of Public Safety, or the Director's designee, and the legislative 8,812
members of the task force shall be voting members. The 8,813
Superintendent of Insurance shall be a nonvoting member. After 8,814
making its recommendations to the General Assembly, the task 8,815
force shall cease to exist.
This section is not subject to the referendum. Therefore, 8,817
under Ohio Constitution, Article II, Section 1d and section 1.471 8,818
of the Revised Code, this section goes into immediate effect when 8,819
this act becomes law. 8,820
Section 17. There is hereby created the Task Force on 8,822
Motor Vehicle Titling, consisting of the Director of Public 8,823
Safety, the Registrar of Motor Vehicles, two members of the 8,825
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 8,826
as the President, two members of the House of Representatives, 8,827
both of whom shall be appointed by the Speaker of the House of 8,828
Representatives but only one of whom shall be of the same 8,829
political party as the Speaker, a representative of the Office of 8,830
the Attorney General designated by the Attorney General, a
representative of the Department of Taxation designated by the 8,831
204
Tax Commissioner, three members of the Ohio Clerks of Court 8,833
Association, one of whom shall be appointed by the Governor and 8,834
two of whom shall be selected by the Association as its 8,835
representatives, the president of the Ohio Automobile Dealers
Association or the president's representative, the president of 8,838
the Ohio Auto Auction Association or the president's 8,840
representative, one person who represents a company that is a
member of the Ohio Telecommunications Industry Association and is 8,841
appointed by the Governor, one person who represents a company 8,843
that is engaged in the business of providing financing for the 8,844
purchase or leasing of motor vehicles and is appointed by the 8,845
Governor, and two members of the public at large who are
appointed by the Governor. 8,846
The President, Speaker, and Governor shall make their 8,848
appointments, and the Tax Commissioner and Attorney General shall 8,850
each designate a representative, within two weeks after the 8,853
effective date of this section, and the President and Speaker
shall select jointly a chairperson of the Task Force from among 8,854
the four legislative members. 8,855
The Task Force shall evaluate the current state of 8,857
technology to determine whether the creation of an efficient, 8,858
integrated, and accurate system of delivering information 8,859
regarding ownership and other interests and related data and 8,861
information relating to motor vehicles, including the area of
motor vehicle titling, is feasible, and if so, a general estimate 8,863
of the costs involved in creating such a system. The Task Force 8,865
shall evaluate any recent advancements in the electronic transfer 8,866
of information that would make creation of such a system 8,867
possible. The Task Force shall make any recommendations 8,868
regarding actions that would need to be taken to create such a 8,870
system.
The Task Force shall submit its report, including its 8,872
evaluations and recommendations, to the Governor and the General 8,873
Assembly not later than one hundred eighty days after the 8,874
205
effective date of this section, and then the Task Force shall 8,876
cease to exist.
This section is not subject to the referendum. Therefore, 8,878
under Ohio Constitution, Article II, Section 1d and section 1.471 8,880
of the Revised Code, this section goes into immediate effect when 8,881
this act becomes law.
Section 18. (A) The Governor is hereby authorized to 8,883
execute a deed in the name of the state conveying to Jeffrey 8,884
Heathcote, and his heirs and assigns under division (C) of this 8,886
section, or to the purchaser, and the purchaser's successors and 8,888
assigns or heirs and assigns determined under division (E) of
this section, all of the state's right, title, and interest in 8,890
the following described real estate: 8,891
Situated in the City of Elyria, County of Lorain and State 8,893
of Ohio, and known as an entire single story structure formerly a 8,895
highway patrol post located at 915 Lorain Street, (S. R. 57) 8,896
Elyria, Ohio 44035 bounded and described as follows:
The following metes and bounds description has been derived 8,898
from a Warranty Deed to the State of Ohio, Department of Highway 8,900
Safety, dated April 13, 1956:
And known as being Part of Block "A" in Cascade Colony 8,902
Re-Subdivided, of a part of original Elyria Township Lot No. 28, 8,904
West of Black River as shown by the recorded plat in Volume 18 of 8,905
Maps, Page 15 of Lorain County Records, and bounded and described 8,907
as follows:
Beginning at an iron pin at the intersection of the 8,909
Northerly line of Bell Avenue with the Easterly line of 8,911
Lorain-Elyria Boulevard as shown on said plat; thence in the arc 8,913
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, 8,915
15 feet to an iron pin; thence in the arc of a curve which bears 8,917
to the left, being the North line of Bell Avenue, the chord of 8,918
which bears North 70° 54' 27" East 152.39 feet, 154.04 feet to 8,919
the principal place of beginning of premises herein described,
206
and being the Southeast corner of land described in the lease to 8,920
Shell Oil Company, dated June 28, 1955 and recorded in Volume 66, 8,921
page 5 of Lorain County Lease Records; thence North 1° 10' 30" 8,922
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 8,923
Lorain-Elyria Boulevard; thence North 1° 10' 30" West along the 8,924
Easterly line of said Lorain-Elyria Boulevard, 105.10 feet to the 8,925
Northwest corner of said Block "A"; thence North 88° 14' East
along the Northerly line of said Block "A", 200.00 feet; thence 8,926
South 1° 10' 30" East and parallel with said Easterly line of 8,927
Lorain-Elyria Boulevard to the Northerly line of Bell Avenue; 8,929
thence Westerly along the Northerly line of Bell Avenue, to the 8,930
place of beginning 8,931
(B) The conveyance of the real estate under division (C) 8,933
of this section and the sale of the real estate under division 8,935
(E) of this section shall be subject to all existing easements, 8,936
rights-of-way, and encumbrances of record, and subject further to 8,937
any facts an accurate survey may disclose.
(C)(1) The conveyance of the real estate described in 8,939
division (A) of this section shall be subject to the terms and 8,940
conditions of State of Ohio Lease File Number 05652, being a 8,942
lease of real property between the State of Ohio (Ohio State 8,943
Highway Patrol), through the Ohio Department of Administrative
Services, and Jeffrey Heathcote. 8,944
(2) Consideration for conveyance of the real estate 8,946
described in division (A) of this section shall be a purchase 8,948
price of $143,650.
(3) Upon payment of the purchase price by Jeffrey 8,950
Heathcote, the Auditor of State, with the assistance of the 8,951
Attorney General, shall prepare a deed to the real estate 8,953
described in division (A) of this section. The deed shall state
the consideration. The deed shall be executed by the Governor in 8,955
the name of the state, countersigned by the Secretary of State, 8,956
sealed with the Great Seal of the State, presented in the Office 8,958
207
of the Auditor of State for recording, and delivered to Jeffrey 8,959
Heathcote. Jeffrey Heathcote shall present the deed for
recording in the Office of the Lorain County Recorder. 8,960
(4) Jeffrey Heathcote shall pay the costs of the 8,962
conveyance of the real estate described in division (A) of this 8,964
section.
(D) If after thirty days, Jeffrey Heathcote fails to pay 8,966
the purchase price, the Director of Administrative Services shall 8,968
review the appraisal of the real estate as of the effective date 8,970
of this section and either approve or disapprove it. If the 8,972
Director disapproves the appraisal, the Director shall appraise
the real estate or have it appraised by one or more disinterested 8,973
persons at a fee determined by the Director. 8,974
(E)(1) Upon compliance with division (D) of this section, 8,976
the Director shall offer the real estate described in division 8,977
(A) of this section for sale at public auction as follows: 8,978
(a) The Director shall advertise the auction in a 8,980
newspaper of general circulation in Lorain County once a week for 8,981
three consecutive weeks immediately prior to the date of the 8,983
auction. The real estate shall be sold at the auction to the 8,985
highest bidder for not less than two-thirds of its appraised
value. The Director may reject any and all bids. 8,987
(b) The successful bidder shall pay ten per cent of the 8,989
purchase price in cash, by bank draft, or by certified check at 8,991
the time of sale and shall pay the balance of the purchase price 8,992
within sixty days of the date of the sale. If the purchaser does 8,994
not complete the conditions of the sale as specified in this
division, the Director may void the sale by giving the defaulting 8,995
purchaser written notice to that effect. If the Director voids 8,996
the sale, the part of the purchase price paid at the time of the 8,998
sale shall be forfeited to the state as liquidated damages. 8,999
(c) If no acceptable bids are received, or if the purchase 9,001
is not completed and the sale is voided, the Director may sell 9,003
the real estate at another public auction conducted as provided 9,004
208
in this section.
(2) Advertising costs, appraisal fees, and other costs 9,006
incident to the sale of real estate under division (E)(1) of this 9,008
section shall be paid by the Ohio State Highway Patrol. 9,010
(3) Upon payment of ten per cent of the purchase price by 9,012
the purchaser determined under division (E)(1) of this section, 9,013
the Auditor of State, with the assistance of the Attorney 9,015
General, shall prepare a deed to the real estate described in 9,016
division (A) of this section. The deed shall be executed by the
Governor in the name of the state, countersigned by the Secretary 9,017
of State, sealed with the Great Seal of the State, presented in 9,018
the Office of the Auditor of State for recording, and delivered 9,020
to the purchaser upon payment by the purchaser of the balance of 9,021
the purchase price. The purchaser shall present the deed for 9,023
recording in the Office of the Lorain County Recorder.
(F) The net proceeds of the sale of the real estate under 9,025
division (E) of this section shall be deposited in the State 9,027
Treasury to the credit of the Ohio State Highway Patrol Operating 9,029
Fund 036.
(G) This section expires one year after its effective 9,031
date.
Section 19. During the period commencing on the effective 9,033
date of this section and expiring January 1, 2000, the operation 9,034
of sections 1548.01 and 1548.06 of the Revised Code, as amended 9,035
by Am. Sub. S.B. 187 of the 122nd General Assembly, is suspended 9,037
insofar as those sections subject watercraft less than fourteen 9,038
feet in length to Chapter 1548. of the Revised Code, the
Watercraft Certificates of Title Law. Upon the expiration of 9,039
that period of suspension, sections 1548.01 and 1548.06 of the 9,040
Revised Code, in either the present form of those sections or as 9,042
they are amended or reenacted after the effective date of this 9,043
section, again become fully operational.
This section is not subject to the referendum. Therefore, 9,045
under Ohio Constitution, Article II, Section 1d and section 1.471 9,046
209
of the Revised Code, this section goes into immediate effect when 9,048
this act becomes law.
Section 20. Sections 319.54, 4505.06, 5739.02, and 5741.02 9,050
of the Revised Code, as amended by Section 1 of this act, are not 9,051
subject to the referendum. Therefore, under Ohio Constitution, 9,052
Article II, Section 1d and section 1.471 of the Revised Code, the 9,053
sections as amended by Section 1 of this act are entitled to go 9,054
into immediate effect when this act becomes law. However, 9,055
sections 319.54, 4505.06, 5739.02, and 5741.02 of the Revised 9,056
Code, as amended by Section 1 of this act, take effect on March 9,057
30, 1999, or the day this act becomes law, whichever is later. 9,058
Section 21. That section 4505.06 of the Revised Code, as 9,060
amended by Am. Sub. H.B. 611 of the 122nd General Assembly, be 9,062
amended to read as follows:
Sec. 4505.06. (A) Application for a certificate of title 9,071
shall be made in a form prescribed by the registrar of motor 9,072
vehicles, and shall be sworn to before a notary public or other 9,073
officer empowered to administer oaths. The application shall be 9,074
filed with the clerk of the court of common pleas of the county 9,075
in which the applicant resides if the applicant is a resident of 9,076
this state or, if not a resident, in the county in which the 9,077
transaction is consummated. An application for a certificate of 9,079
title may be filed electronically by electronic image 9,080
transmission in any county in which the clerk of the court of 9,081
common pleas permits an application to be filed electronically. 9,082
The signature of an officer empowered to administer oaths that 9,083
appears on an application for a certificate of title, or on any 9,084
other document required to be filed by this chapter that has been 9,085
filed electronically, is not a facsimile signature as defined in 9,086
section 9.10 of the Revised Code. Any payments required by this 9,088
chapter shall be considered as accompanying any electronically 9,089
transmitted application when payment actually is received by the 9,090
clerk. Payment of any fee or taxes may be made by electronic 9,091
transfer of funds.
210
The application for a certificate of title shall be 9,093
accompanied by the fee prescribed in section 4505.09 of the 9,094
Revised Code; and if a certificate of title previously has been 9,095
issued for the motor vehicle in this state, it shall be 9,096
accompanied by that certificate of title duly assigned, unless 9,097
otherwise provided in this chapter. If a certificate of title 9,098
previously has not been issued for the motor vehicle in this 9,099
state, the application, unless otherwise provided in this 9,100
chapter, shall be accompanied by a manufacturer's or importer's 9,101
certificate or by a certificate of title of another state from 9,103
which the motor vehicle was brought into this state. If the
application refers to a motor vehicle last previously registered 9,104
in another state, the application also shall be accompanied by 9,105
the physical inspection certificate required by section 4505.061 9,106
of the Revised Code. If the application is made by two persons 9,107
regarding a motor vehicle in which they wish to establish joint 9,108
ownership with right of survivorship they may do so as provided 9,109
in section 2106.17 of the Revised Code. The clerk shall retain 9,110
the evidence of title presented by the applicant and on which the 9,111
certificate of title is issued. The clerk shall use reasonable 9,112
diligence in ascertaining whether or not the facts in the 9,113
application are true by checking the application and documents 9,114
accompanying it with the records of motor vehicles in the clerk's 9,115
office; if satisfied that the applicant is the owner of the motor 9,116
vehicle and that the application is in the proper form, the 9,117
clerk, within five business days after the application is filed, 9,118
shall issue a certificate of title over the clerk's signature and 9,119
sealed with the clerk's seal. For purposes of the transfer of a 9,120
certificate of title, if the clerk is satisfied that the secured 9,121
party has duly discharged a lien notation, but has not canceled 9,122
the lien notation with the clerk of the county of origin, the 9,123
clerk may cancel the lien notation on the automated title 9,124
processing system and notify the clerk of the county of origin. 9,125
In the case of the sale of a motor vehicle to a general 9,127
211
buyer or user by a dealer, by a motor vehicle leasing dealer 9,128
selling the motor vehicle to the lessee or, in a case in which 9,129
the leasing dealer subleased the motor vehicle, the sublessee, at 9,130
the end of the lease agreement or sublease agreement, or by a 9,131
manufactured home broker, the certificate of title shall be 9,132
obtained in the name of the buyer by the dealer, leasing dealer, 9,134
or the manufactured home broker, as the case may be, upon 9,135
application signed by the buyer. The certificate of title shall 9,136
be issued within five business days after the application for 9,137
title is filed with the clerk. If the buyer of the motor vehicle 9,138
previously leased the motor vehicle and is buying the motor 9,140
vehicle at the end of the lease pursuant to that lease, the 9,141
certificate of title shall be obtained in the name of the buyer
by the motor vehicle leasing dealer who previously leased the 9,142
motor vehicle to the buyer or by the motor vehicle leasing dealer 9,143
who subleased the motor vehicle to the buyer under a sublease 9,144
agreement.
In all other cases, except as provided in division (D)(2) 9,146
of section 4505.11 of the Revised Code, such certificates shall 9,147
be obtained by the buyer. In all cases of transfer of a motor 9,149
vehicle, the application for certificate of title shall be filed 9,150
within thirty days after the assignment or delivery of the motor 9,151
vehicle. If an application for a certificate of title is not 9,152
filed within that period, the clerk shall collect a fee of five 9,153
dollars for the issuance of the certificate, except that no such 9,154
fee shall be required from a motor vehicle salvage dealer, as 9,155
defined in division (A) of section 4738.01 of the Revised Code, 9,156
who immediately surrenders the certificate of title for
cancellation. The fee shall be in addition to all other fees 9,157
established by this chapter, and shall be retained by the clerk. 9,158
The registrar shall provide, on the certificate of title form 9,159
prescribed by section 4505.07 of the Revised Code, language 9,160
necessary to give evidence of the date on which the assignment or 9,161
delivery of the motor vehicle was made. 9,162
212
As used in this division, "lease agreement," "lessee," and 9,164
"sublease agreement" have the same meanings as in section 4505.04 9,165
of the Revised Code.
(B) The clerk, except as provided in this section, shall 9,167
refuse to accept for filing any application for a certificate of 9,168
title and shall refuse to issue a certificate of title unless the 9,169
dealer or manufactured home broker or the applicant, in cases in 9,170
which the certificate shall be obtained by the buyer, submits 9,171
with the application payment of the tax levied by or pursuant to 9,172
Chapters 5739. and 5741. of the Revised Code. Upon payment of 9,173
the tax in accordance with division (E) of this section, the 9,174
clerk shall issue a receipt prescribed by the registrar and 9,175
agreed upon by the tax commissioner showing payment of the tax or 9,176
a receipt issued by the commissioner showing the payment of the 9,177
tax. When submitting payment of the tax to the clerk, a dealer 9,178
shall retain any discount to which the dealer is entitled under 9,179
section 5739.12 of the Revised Code.
For receiving and disbursing such taxes paid to the clerk, 9,181
the clerk may retain a poundage fee of one and one one-hundredth 9,182
per cent, which shall be paid into the certificate of title 9,183
administration fund created by section 325.33 of the Revised 9,185
Code.
In the case of casual sales of motor vehicles, as defined 9,187
in section 4517.01 of the Revised Code, the price for the purpose 9,189
of determining the tax shall be the purchase price on the 9,190
assigned certificate of title executed by the seller and filed 9,191
with the clerk by the buyer on a form to be prescribed by the 9,192
registrar, which shall be prima-facie evidence of the amount for 9,193
the determination of the tax.
(C)(1) If the transferor indicates on the certificate of 9,195
title that the odometer reflects mileage in excess of the 9,196
designed mechanical limit of the odometer, the clerk shall enter 9,197
the phrase "exceeds mechanical limits" following the mileage 9,198
designation. If the transferor indicates on the certificate of 9,199
213
title that the odometer reading is not the actual mileage, the 9,200
clerk shall enter the phrase "nonactual: warning - odometer 9,202
discrepancy" following the mileage designation. The clerk shall
use reasonable care in transferring the information supplied by 9,204
the transferor, but is not liable for any errors or omissions of 9,205
the clerk or those of the clerk's deputies in the performance of 9,206
the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the 9,208
transferor shall swear to the true selling price and, except as 9,209
provided in this division, the true odometer reading of the motor 9,210
vehicle. The registrar may prescribe an affidavit in which the 9,211
seller and buyer provide information pertaining to the odometer 9,212
reading of the motor vehicle in addition to that required by this 9,213
section, as such information may be required by the United States 9,214
secretary of transportation by rule prescribed under authority of 9,215
subchapter IV of the "Motor Vehicle Information and Cost Savings 9,216
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. 9,217
(2) Division (C)(1) of this section does not require the 9,220
giving of information concerning the odometer and odometer 9,221
reading of a motor vehicle when ownership of a motor vehicle is 9,222
being transferred as a result of a bequest, under the laws of 9,223
intestate succession, to a surviving spouse pursuant to section 9,224
2106.17, 2106.18, or 4505.10 of the Revised Code, or in 9,225
connection with the creation of a security interest. 9,226
(D) When the transfer to the applicant was made in some 9,228
other state or in interstate commerce, the clerk, except as 9,229
provided in this section, shall refuse to issue any certificate 9,230
of title unless the tax imposed by or pursuant to Chapter 5741. 9,232
of the Revised Code has been paid as evidenced by a receipt 9,233
issued by the tax commissioner, or unless the applicant submits 9,234
with the application payment of the tax. Upon payment of the tax 9,235
in accordance with division (E) of this section, the clerk shall 9,236
issue a receipt prescribed by the registrar and agreed upon by 9,238
the tax commissioner, showing payment of the tax. For receiving 9,239
214
and disbursing such taxes paid to the clerk, the clerk may retain 9,240
a poundage fee of one per cent. When the vendor is not regularly 9,241
engaged in the business of selling motor vehicles, the vendor 9,243
shall not be required to purchase a vendor's license or make 9,244
reports concerning such sales.
(E) The clerk shall accept any payment of a tax in cash, 9,246
or by certified check, draft, or money order payable to the clerk 9,247
and submitted with an application for a certificate of title 9,249
under division (B) or (D) of this section. The clerk also may 9,250
accept payment of the tax by corporate, business, or personal 9,251
check, credit card, electronic transfer or wire transfer, debit 9,252
card, or any other accepted form of payment made payable to the 9,253
clerk. The clerk may require bonds, guarantees, or letters of 9,254
credit to ensure the collection of corporate, business, or 9,255
personal checks. Any service fee charged by a third party to a 9,256
clerk for the use of any form of payment may be paid by the clerk 9,257
from the certificate of title administration fund created in 9,258
section 325.33 of the Revised Code, or may be assessed by the 9,259
clerk upon the applicant as an additional fee. Upon collection, 9,260
the additional fees shall be paid by the clerk into that
certificate of title administration fund. 9,261
The clerk shall make a good faith effort to collect any 9,263
payment of taxes due but not made because the payment was 9,264
returned or dishonored, but the clerk is not personally liable 9,265
for the payment of uncollected taxes or uncollected fees. The 9,266
clerk shall notify the tax commissioner of any such payment of 9,267
taxes that is due but not made and shall furnish such information 9,268
to the commissioner as the commissioner requires. The clerk 9,269
shall deduct the amount of taxes due but not paid from the 9,270
clerk's periodic remittance of tax payments, in accordance with
procedures agreed upon by the tax commissioner. The commissioner 9,271
may collect taxes due by assessment in the manner provided in 9,272
section 5739.13 of the Revised Code.
Any person who presents payment that is returned or 9,274
215
dishonored for any reason is liable to the clerk for payment of a 9,275
penalty over and above the amount of the taxes due. The clerk 9,276
shall determine the amount of the penalty, which shall be no 9,277
greater than that amount necessary to compensate the clerk for 9,278
banking charges, legal fees, or other expenses incurred by the
clerk in collecting the returned or dishonored payment. The 9,279
remedies and procedures provided in this section are in addition 9,280
to any other available civil or criminal remedies. Subsequently 9,281
collected penalties, poundage, and title fees, less any title fee 9,283
due the state, from returned or dishonored payments collected by
the clerk shall be paid into the certificate of title 9,284
administration fund. Subsequently collected taxes, less 9,285
poundage, shall be sent by the clerk to the treasurer of state at 9,286
the next scheduled periodic remittance of tax payments, with such 9,287
information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division. 9,288
(F) In the following cases, the clerk shall accept for 9,290
filing such application and shall issue a certificate of title 9,291
without requiring payment or evidence of payment of the tax: 9,292
(1) When the purchaser is this state or any of its 9,294
political subdivisions, a church, or an organization whose 9,295
purchases are exempted by section 5739.02 of the Revised Code; 9,296
(2) When the transaction in this state is not a retail 9,298
sale as defined by section 5739.01 of the Revised Code; 9,299
(3) When the purchase is outside this state or in 9,301
interstate commerce and the purpose of the purchaser is not to 9,302
use, store, or consume within the meaning of section 5741.01 of 9,303
the Revised Code; 9,304
(4) When the purchaser is the federal government; 9,306
(5) When the motor vehicle was purchased outside this 9,308
state for use outside this state; 9,309
(6) When the motor vehicle is purchased by a nonresident 9,311
of this state for immediate removal from this state, and will be 9,312
permanently titled and registered in another state, as provided 9,313
216
by division (B)(23) of section 5739.02 of the Revised Code, and 9,314
upon presentation of a copy of the affidavit provided by that 9,315
section, and a copy of the exemption certificate provided by 9,316
section 5739.03 of the Revised Code. 9,317
The clerk shall forward all payments of taxes, less 9,319
poundage fee, to the treasurer of state in a manner to be 9,320
prescribed by the tax commissioner and shall furnish such 9,321
information to the commissioner as the commissioner requires. 9,322
(G) An application, as prescribed by the registrar and 9,325
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 9,326
application shall contain the following notice in bold lettering: 9,327
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You 9,328
are required by law to state the true selling price. A false 9,329
statement is in violation of section 2921.13 of the Revised Code 9,331
and is punishable by six months' imprisonment or a fine of up to 9,332
one thousand dollars, or both. All transfers are audited by the 9,333
department of taxation. The seller and buyer must provide any 9,334
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due." 9,335
(H) The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES 9,337
OCCURRING ON OR AFTER JANUARY 1, 2000, THE clerk shall accept for 9,338
filing, pursuant to Chapter 5739. of the Revised Code, an 9,340
application for a certificate of title for a manufactured home or 9,341
mobile home without requiring payment of any tax pursuant to 9,342
section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised 9,344
Code, or a receipt issued by the tax commissioner showing payment 9,345
of the tax. The FOR SALES OF MANUFACTURED HOMES OR MOBILE HOMES 9,346
OCCURRING ON OR AFTER JANUARY 1, 2000, THE applicant shall pay to 9,347
the clerk a fee of five dollars for each certificate of title 9,349
issued by the clerk for a manufactured or mobile home. The clerk 9,350
shall credit the fee to the county title administration fund, and 9,351
the fee shall be used to pay the expenses of archiving such 9,352
certificates pursuant to division (A) of section 4505.08 and 9,354
217
division (H)(3) of section 4505.11 of the Revised Code. The tax 9,355
commissioner shall administer any tax on a manufactured or mobile 9,356
home pursuant to Chapters 5739. and 5741. of the Revised Code. 9,358
Section 22. That all existing versions of section 4505.06 9,360
of the Revised Code are hereby repealed. 9,361
Section 23. Sections 21 and 22 of this act shall take 9,363
effect July 1, 1999. 9,364
Section 24. Section 4505.06 of the Revised Code, as 9,366
amended by Section 21 of this act, is not subject to the 9,367
referendum. Therefore, under Ohio Constitution, Article II, 9,368
Section 1d and section 1.471 of the Revised Code, the section as 9,369
amended by Section 21 of this act is entitled to go into 9,370
immediate effect when this act becomes law. However, section 9,371
4505.06 of the Revised Code, as amended by Section 21 of this 9,372
act, takes effect on July 1, 1999, or the day this act becomes 9,373
law, whichever is later. 9,374
Section 25. Except as otherwise specifically provided in 9,376
this act, sections of the Revised Code contained within the 9,378
purview of Sections 1 and 2 of this act, and the items of law of 9,379
which the sections are composed, are subject to the referendum. 9,380
Therefore, under Ohio Constitution, Article II, Section 1c and 9,381
section 1.471 of the Revised Code, the sections of the Revised 9,382
Code contained within the purview of Sections 1 and 2 of this 9,383
act, and the items of law of which the sections are composed, 9,384
take effect on the ninety-first day after this act is filed with 9,385
the Secretary of State. If, however, a referendum petition is 9,386
filed against any section of the Revised Code contained within 9,387
the purview of Sections 1 and 2 of this act, or against any item 9,388
of law contained in any such section, the section or item, unless 9,389
rejected at the referendum, takes effect at the earliest time 9,391
permitted by law.
Section 26. The repeal of section 5502.61 of the Revised 9,393
Code by Section 2 of this act is subject to the referendum. 9,395
Therefore, under Ohio Constitution, Article II, Section 1c and 9,396
218
section 1.471 of the Revised Code, the repeal takes effect on the 9,397
ninety-first day after this act is filed with the Secretary of 9,398
State. If, however, a referendum petition is filed against the 9,399
repeal, the repeal, unless rejected at the referendum, takes 9,400
effect at the earliest time permitted by law. 9,401
Section 27. The items in the uncodified sections of law 9,403
contained in this act that appropriate money for the current 9,404
expenses of state government, earmark this class of 9,405
appropriations, or depend for their implementation upon an 9,406
appropriation for the current expenses of state government are 9,407
not subject to the referendum. Therefore, under Ohio 9,408
Constitution, Article II, Section 1d and section 1.471 of the 9,409
Revised Code, these items go into immediate effect when this act 9,410
becomes law. 9,411
The items in the uncodified sections of law contained in 9,413
this act that appropriate money other than for the current 9,414
expenses of state government, earmark this class of 9,415
appropriations, or do not depend for their implementation upon an 9,416
appropriation for the current expenses of state government are 9,417
subject to the referendum. Therefore, under Ohio Constitution, 9,418
Article II, Section 1c and section 1.471 of the Revised Code, 9,419
these items take effect on the ninety-first day after this act is 9,420
filed with the Secretary of State. If, however, a referendum 9,421
petition is filed against such an item, the item, unless rejected 9,422
at the referendum, takes effect at the earliest time permitted by 9,423
law.
This section is not subject to the referendum. Therefore, 9,425
under Ohio Constitution, Article II, Section 1d and section 1.471 9,426
of the Revised Code, this section goes into immediate effect when 9,427
this act becomes law. 9,428
Section 28. Sections 13 and 13.01 of this act are subject 9,430
to the referendum. Therefore, under Ohio Constitution, Article 9,431
II, Section 1c and section 1.471 of the Revised Code, the 9,432
sections take effect on the ninety-first day after this act is 9,433
219
filed with the Secretary of State. If, however, a referendum
petition is filed against either section, the section, unless 9,434
rejected at the referendum, takes effect at the earliest time 9,435
permitted by law.
Section 29. If any item of law that constitutes the whole 9,437
or part of a codified or uncodified section of law contained in 9,438
this act, or if any application of any item of law that 9,439
constitutes the whole or part of a codified or uncodified section 9,440
of law contained in this act, is held invalid, the invalidity 9,441
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 9,442
application. To this end, the items of law of which the codified 9,443
and uncodified sections contained in this act are composed, and 9,444
their applications, are independent and severable. 9,445
Section 30. Section 4509.101 of the Revised Code is 9,447
presented in this act as a composite of the section as amended by 9,448
both Am. Sub. H.B. 215 and Am. Sub. H.B. 261 of the 122nd General 9,449
Assembly, with the new language of neither of the acts shown in 9,451
capital letters. This is in recognition of the principle stated 9,452
in division (B) of section 1.52 of the Revised Code that such 9,453
amendments are to be harmonized where not substantively 9,454
irreconcilable and constitutes a legislative finding that such is 9,455
the resulting version in effect prior to the effective date of 9,456
this act.
Section 31. Section 4505.06 of the Revised Code is 9,458
presented in Section 21 of this act as a composite of the section 9,460
as amended by both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 9,461
122nd General Assembly, with the new language of neither of the 9,463
acts shown in capital letters. This is in recognition of the 9,464
principle stated in division (B) of section 1.52 of the Revised 9,465
Code that such amendments are to be harmonized where not 9,466
substantively irreconcilable and constitutes a legislative 9,467
finding that such is the resulting version in effect prior to 9,468
July 1, 1999.