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          

                                                          4      


                                                                 
section 1531.13, or a state watercraft officer designated          133          

pursuant to section 1547.521 of the Revised Code;                  134          

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

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

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

designated pursuant to section 6101.75 of the Revised Code;        140          

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

employs and maintains its own proprietary police department or     143          

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

governor pursuant to sections 4973.17 to 4973.22 of the Revised    145          

Code;                                                              146          

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

section 5907.02 of the Revised Code;                               149          

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

nonprofit corporation police department pursuant to section        152          

1702.80 of the Revised Code;                                       153          

      (12)  A state university law enforcement officer appointed   155          

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

a state university law enforcement officer on a permanent basis    157          

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

executive director of the Ohio peace officer training council      159          

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

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

peace officer basic training program;                                           

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

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

or the department of mental retardation and developmental          165          

disabilities pursuant to section 5123.13 of the Revised Code;      166          

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

under section 1713.50 of the Revised Code;                         169          

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

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

Revised Code;                                                                   

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

                                                          5      


                                                                 
public safety designated under section 5502.14 of the Revised      176          

Code;                                                                           

      (17)  Investigators appointed by the auditor of state        178          

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

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

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

superintendent of the state highway patrol pursuant to section     185          

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

special police officer pursuant to that section on a permanent     188          

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

by the executive director of the Ohio peace officer training       191          

commission attesting to the person's satisfactory completion of    192          

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

resources peace officer basic training program.                    194          

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

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

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

use of interpersonal and communication skills to most effectively  200          

and sensitively interview victims of rape.                         201          

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

2901.30 of the Revised Code.                                       204          

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

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

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

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

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

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

previously has been awarded a certificate by the executive         221          

director of the Ohio peace officer training commission attesting   222          

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

county, municipal, or department of natural resources peace        224          

officer basic training program:                                                 

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

corporation, regional transit authority, or metropolitan housing   227          

                                                          6      


                                                                 
authority;                                                                      

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

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

or state watercraft officer of the department of natural           232          

resources;                                                                      

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

or 1545.13 of the Revised Code;                                    235          

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

designated pursuant to section 6101.75 of the Revised Code;        238          

      (e)  A state university law enforcement officer;             240          

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

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

the department of mental retardation and developmental             244          

disabilities pursuant to section 5123.13 of the Revised Code;      245          

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

department of public safety designated WHOM THE DIRECTOR OF        249          

PUBLIC SAFETY DESIGNATES under section 5502.14 of the Revised      250          

Code.                                                                           

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

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

of the following shall forfeit the appointed position unless the   255          

person previously has completed satisfactorily or, within the      256          

time prescribed by rules adopted by the attorney general pursuant  257          

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

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

peace officer basic training program for temporary or              260          

probationary officers and is awarded a certificate by the          261          

director attesting to the satisfactory completion of the program:  262          

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

corporation, regional transit authority, or metropolitan housing   265          

authority;                                                                      

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

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

or state watercraft officer of the department of natural           270          

                                                          7      


                                                                 
resources;                                                                      

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

or 1545.13 of the Revised Code;                                    273          

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

designated pursuant to section 6101.75 of the Revised Code;        276          

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

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

the department of mental retardation and developmental             280          

disabilities pursuant to section 5123.13 of the Revised Code;      281          

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

department of public safety designated WHOM THE DIRECTOR OF        285          

PUBLIC SAFETY DESIGNATES under section 5502.14 of the Revised      286          

Code.                                                                           

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

county, municipal, or department of natural resources peace        289          

officer basic training program, regardless of whether the program  290          

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

temporary, probationary, or other nonpermanent basis, shall        292          

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

offense of domestic violence, other types of domestic              294          

violence-related offenses and incidents, and protection orders     295          

and consent agreements issued or approved under section 2919.26    296          

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

intervention training.  The requirement to complete fifteen hours  298          

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

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

and protection orders and consent agreements issued or approved    301          

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

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

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

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

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

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

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

                                                          8      


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

hours of training in crisis intervention within the time           310          

prescribed by rules adopted by the attorney general pursuant to    311          

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

employment as a peace officer terminated and then be reinstated    313          

with intent to circumvent this section.                            314          

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

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

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

state watercraft officer of the department of natural resources    319          

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

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

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

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

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

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

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

special police officer by the department of mental health          328          

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

department of mental retardation and developmental disabilities    330          

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

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

university law enforcement officer pursuant to section 3345.04 of  333          

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

serving as a special police officer designated under authority of  335          

that section.                                                                   

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

person who is appointed as a regional transit authority police     338          

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

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

satisfactorily an approved state, county, municipal, or            342          

department of natural resources peace officer basic training       343          

program and has been awarded a certificate by the executive                     

director of the Ohio peace officer training commission attesting   344          

                                                          9      


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

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

officer functions for a regional transit authority.                347          

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

original appointment on a permanent basis as a liquor control      350          

investigator or food stamp trafficking agent of the department of  351          

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

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

officer designated under section 5907.02 of the Revised Code       356          

unless the person previously has been awarded a certificate by     357          

the executive director of the Ohio peace officer training                       

commission attesting to the person's satisfactory completion of    358          

an approved police officer basic training program.  Every person   359          

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

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

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

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

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

5907.02 of the Revised Code shall forfeit that position unless     366          

the person previously has completed satisfactorily or, within one  367          

year from the time of appointment, satisfactorily completes an     369          

approved police officer basic training program.                    370          

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

original appointment on a permanent basis as a food stamp          374          

trafficking agent of the department of public safety authorized    375          

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

Revised Code and engaged in the enforcement of laws and rules                   

described in section 5502.14 of the Revised Code unless the        378          

person previously has been awarded a certificate by the executive  380          

director of the Ohio peace officer training commission attesting   381          

to the person's satisfactory completion of an approved police                   

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

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

permanent basis as a food stamp trafficking agent shall forfeit    385          

                                                          10     


                                                                 
that position unless the person previously has completed           386          

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

appointment satisfactorily completes, an approved police officer   388          

basic training program.                                            389          

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

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

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

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

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

received one of the following:                                                  

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

director of the Ohio peace officer training commission, which      399          

certificate attests to satisfactory completion of an approved      400          

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

and deputy bailiffs of courts of record and for criminal           402          

investigators employed by the state public defender that has been  403          

recommended by the Ohio peace officer training commission;         404          

      (2)  Has successfully completed a firearms training program  407          

approved by the Ohio peace officer training commission prior to    408          

employment as a bailiff, deputy bailiff, or criminal               409          

investigator;                                                                   

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

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

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

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

the Ohio peace officer training commission determines is           417          

equivalent to the training that otherwise is required by division  418          

(D) of this section.                                               419          

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

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

training commission shall request the person to whom the           424          

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

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

of that person to a felony.                                                     

                                                          11     


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

commission of any certificate prescribed in this section, the      430          

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

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

attended by that person shall request the bureau of criminal                    

identification and investigation to conduct a criminal history     434          

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

bureau promptly shall conduct a criminal history records check on  436          

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

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

prospective employer or peace officer training school commander    438          

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

history records check from the bureau, the prospective employer                 

or peace officer training school commander that made the request   441          

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

officer training commission.  The executive director shall not     444          

award any certificate prescribed in this section unless the        445          

executive director has received a copy of the criminal history                  

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

awarded.                                                                        

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

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

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

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

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

section.                                                                        

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

the certificate awarded to a person as prescribed in this          455          

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

derived from being certified as a peace officer under this         457          

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

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

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

section.                                                                        

                                                          12     


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

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

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

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