As Reported by the Senate Highways and Transportation Committee 1
123rd General Assembly 4
Regular Session Sub. H.B. No. 86 5
1999-2000 6
REPRESENTATIVES BATEMAN-MOTTLEY-ALLEN-BOYD-BRADING- 8
CAREY-CORBIN-MAIER-PATTON-TAYLOR-THOMAS-VESPER- 9
WINKLER-ROBERTS-KRUPINSKI-HAINES-MEAD-BENDER- 10
PATTON-PERZ-OLMAN-PERRY-GRENDELL-HARTNETT-WILSON- 11
HARRIS-METZGER-CALVERT-PRINGLE-FERDERBER-FLANNERY- 12
OPFER-GOODMAN-CLANCY-O'BRIEN-STAPLETON-VERICH-FORD- 13
HOOPS-JOLIVETTE-ROMAN-SALERNO-GARDNER-MYERS-COUGHLIN- 14
TIBERI-THOMAS-AUSTRIA-JACOBSON 15
_________________________________________________________________ 16
A B I L L
To amend sections 4511.99, 4513.02, 5501.01, and 18
5525.011 and to enact section 4511.213 of the 19
Revised Code and to amend Section 16 of Am. Sub. 21
H.B. 163 of the 123rd General Assembly to require 22
the driver of a motor vehicle, upon approaching a 24
stationary public safety vehicle that is
displaying its red or blue emergency light, to 25
proceed with due caution and, if possible and 26
with due regard to the road, weather, and traffic 27
conditions, change lanes into a lane that is not
adjacent to that of the stationary public safety 28
vehicle or, if it is not possible to change lanes 29
or if to do so would be unsafe, proceed with due 30
caution, reduce the speed of the motor vehicle,
and maintain a safe speed for the road, weather, 31
and traffic conditions; to establish that a 33
person who owns 15 or more vehicles that are 34
subject to regulation by the Public Utilities 35
Commission may not administer vehicle inspections
of the person's vehicle; to specify that the 38
Department of Transportation road and highway
2
contracts are not subject to the general public 39
improvements requirement for separate bids for 40
certain classes of work; to extend until August 42
1, 1999, the deadline for the task force studying
the Bureau of Motor Vehicles' existing method of 43
random selection to verify financial 44
responsibility to complete its duties; and to
declare an emergency. 45
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 47
Section 1. That sections 4511.99, 4513.02, 5501.01, and 49
5525.011 be amended and section 4511.213 of the Revised Code be 51
enacted to read as follows: 52
Sec. 4511.213. (A) THE DRIVER OF A MOTOR VEHICLE, UPON 54
APPROACHING A STATIONARY PUBLIC SAFETY VEHICLE THAT IS DISPLAYING 56
A FLASHING RED LIGHT, FLASHING COMBINATION RED AND WHITE LIGHT, 57
OSCILLATING OR ROTATING RED LIGHT, OSCILLATING OR ROTATING 58
COMBINATION RED AND WHITE LIGHT, FLASHING BLUE LIGHT, FLASHING 59
COMBINATION BLUE AND WHITE LIGHT, OSCILLATING OR ROTATING BLUE 60
LIGHT, OR OSCILLATING OR ROTATING COMBINATION BLUE AND WHITE 61
LIGHT, SHALL DO EITHER OF THE FOLLOWING: 62
(1) IF THE DRIVER OF THE MOTOR VEHICLE IS TRAVELING ON A 64
HIGHWAY THAT CONSISTS OF AT LEAST TWO LANES THAT CARRY TRAFFIC IN 65
THE SAME DIRECTION OF TRAVEL AS THAT OF THE DRIVER'S MOTOR 66
VEHICLE, THE DRIVER SHALL PROCEED WITH DUE CAUTION AND, IF 67
POSSIBLE AND WITH DUE REGARD TO THE ROAD, WEATHER, AND TRAFFIC 68
CONDITIONS, SHALL CHANGE LANES INTO A LANE THAT IS NOT ADJACENT 69
TO THAT OF THE STATIONARY PUBLIC SAFETY VEHICLE. 70
(2) IF THE DRIVER IS NOT TRAVELING ON A HIGHWAY OF A TYPE 72
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION, OR IF THE DRIVER IS 73
TRAVELING ON A HIGHWAY OF THAT TYPE BUT IT IS NOT POSSIBLE TO 74
CHANGE LANES OR IF TO DO SO WOULD BE UNSAFE, THE DRIVER SHALL 76
PROCEED WITH DUE CAUTION, REDUCE THE SPEED OF THE MOTOR VEHICLE, 77
3
AND MAINTAIN A SAFE SPEED FOR THE ROAD, WEATHER, AND TRAFFIC 78
CONDITIONS. 79
(B) THIS SECTION DOES NOT RELIEVE THE DRIVER OF A PUBLIC 81
SAFETY VEHICLE FROM THE DUTY TO DRIVE WITH DUE REGARD FOR THE 82
SAFETY OF ALL PERSONS AND PROPERTY UPON THE HIGHWAY. 83
(C) NO PERSON SHALL FAIL TO DRIVE A MOTOR VEHICLE IN 85
COMPLIANCE WITH DIVISION (A)(1) OR (2) OF THIS SECTION WHEN SO 86
REQUIRED BY DIVISION (A) OF THIS SECTION. 87
(D) AS USED IN THIS SECTION, "PUBLIC SAFETY VEHICLE" HAS 89
THE SAME MEANING AS IN SECTION 4511.01 OF THE REVISED CODE. 90
Sec. 4511.99. (A) Whoever violates division (A) of 99
section 4511.19 of the Revised Code, in addition to the license 100
suspension or revocation provided in section 4507.16 of the 101
Revised Code and any disqualification imposed under section 102
4506.16 of the Revised Code, shall be punished as provided in 103
division (A)(1), (2), (3), or (4) of this section. 104
(1) Except as otherwise provided in division (A)(2), (3), 106
or (4) of this section, the offender is guilty of a misdemeanor 107
of the first degree and the court shall sentence the offender to 108
a term of imprisonment of three consecutive days and may sentence 109
the offender pursuant to section 2929.21 of the Revised Code to a 110
longer term of imprisonment. In addition, the court shall impose 111
upon the offender a fine of not less than two hundred and not 112
more than one thousand dollars. 113
The court may suspend the execution of the mandatory three 115
consecutive days of imprisonment that it is required to impose by 116
this division, if the court, in lieu of the suspended term of 117
imprisonment, places the offender on probation and requires the 118
offender to attend, for three consecutive days, a drivers' 119
intervention program that is certified pursuant to section 120
3793.10 of the Revised Code. The court also may suspend the 121
execution of any part of the mandatory three consecutive days of 122
imprisonment that it is required to impose by this division, if 123
the court places the offender on probation for part of the three 124
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consecutive days; requires the offender to attend, for that part 125
of the three consecutive days, a drivers' intervention program 126
that is certified pursuant to section 3793.10 of the Revised 127
Code; and sentences the offender to a term of imprisonment equal 128
to the remainder of the three consecutive days that the offender 129
does not spend attending the drivers' intervention program. The 130
court may require the offender, as a condition of probation, to 131
attend and satisfactorily complete any treatment or education 132
programs that comply with the minimum standards adopted pursuant 133
to Chapter 3793. of the Revised Code by the director of alcohol 134
and drug addiction services, in addition to the required 135
attendance at a drivers' intervention program, that the operators 136
of the drivers' intervention program determine that the offender 137
should attend and to report periodically to the court on the 138
offender's progress in the programs. The court also may impose 139
any other conditions of probation on the offender that it 140
considers necessary. 141
Of the fine imposed pursuant to this division, twenty-five 143
dollars shall be paid to an enforcement and education fund 144
established by the legislative authority of the law enforcement 145
agency in this state that primarily was responsible for the 146
arrest of the offender, as determined by the court that imposes 147
the fine. This share shall be used by the agency to pay only 148
those costs it incurs in enforcing section 4511.19 of the Revised 149
Code or a substantially similar municipal ordinance and in 150
informing the public of the laws governing the operation of a 151
motor vehicle while under the influence of alcohol, the dangers 152
of operating a motor vehicle while under the influence of 153
alcohol, and other information relating to the operation of a 154
motor vehicle and the consumption of alcoholic beverages. 155
Twenty-five dollars of the fine imposed pursuant to this division 156
shall be deposited into the county indigent drivers alcohol 157
treatment fund or municipal indigent drivers alcohol treatment 158
fund under the control of that court, as created by the county or 159
5
municipal corporation pursuant to division (N) of section 160
4511.191 of the Revised Code. The balance of the fine shall be 161
disbursed as otherwise provided by law. 162
(2)(a) Except as otherwise provided in division (A)(4) of 165
this section, if, within six years of the offense, the offender 166
has been convicted of or pleaded guilty to one violation of 167
division (A) or (B) of section 4511.19 of the Revised Code, a 168
municipal ordinance relating to operating a vehicle while under 169
the influence of alcohol, a drug of abuse, or alcohol and a drug 170
of abuse, a municipal ordinance relating to operating a vehicle 171
with a prohibited concentration of alcohol in the blood, breath, 172
or urine, section 2903.04 of the Revised Code in a case in which 173
the offender was subject to the sanctions described in division 174
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 176
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 177
the jury or judge found that the offender was under the influence 178
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 179
statute of the United States or of any other state or a municipal 181
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 182
4511.19 of the Revised Code, the offender is guilty of a 183
misdemeanor of the first degree and, except as provided in this 184
division, the court shall sentence the offender to a term of 185
imprisonment of ten consecutive days and may sentence the 186
offender pursuant to section 2929.21 of the Revised Code to a 187
longer term of imprisonment. As an alternative to the term of 188
imprisonment required to be imposed by this division, but subject 189
to division (A)(8) of this section, the court may impose upon the 190
offender a sentence consisting of both a term of imprisonment of 191
five consecutive days and not less than eighteen consecutive days 192
of electronically monitored house arrest as defined in division 193
(A) of section 2929.23 of the Revised Code. The five consecutive 194
days of imprisonment and the period of electronically monitored 195
6
house arrest shall not exceed six months. The five consecutive 196
days of imprisonment do not have to be served prior to or 197
consecutively with the period of electronically monitored house 198
arrest.
In addition, the court shall impose upon the offender a 200
fine of not less than three hundred and not more than one 201
thousand five hundred dollars. 202
In addition to any other sentence that it imposes upon the 204
offender, the court may require the offender to attend a drivers' 205
intervention program that is certified pursuant to section 206
3793.10 of the Revised Code. If the officials of the drivers' 207
intervention program determine that the offender is alcohol 208
dependent, they shall notify the court, and the court shall order 209
the offender to obtain treatment through an alcohol and drug 210
addiction program authorized by section 3793.02 of the Revised 211
Code. The cost of the treatment shall be paid by the offender. 212
Of the fine imposed pursuant to this division, thirty-five 214
dollars shall be paid to an enforcement and education fund 215
established by the legislative authority of the law enforcement 216
agency in this state that primarily was responsible for the 217
arrest of the offender, as determined by the court that imposes 218
the fine. This share shall be used by the agency to pay only 219
those costs it incurs in enforcing division (A) of section 220
4511.19 of the Revised Code or a substantially similar municipal 221
ordinance and in informing the public of the laws governing the 222
operation of a motor vehicle while under the influence of 223
alcohol, the dangers of operating a motor vehicle while under the 224
influence of alcohol, and other information relating to the 225
operation of a motor vehicle and the consumption of alcoholic 226
beverages. Sixty-five dollars of the fine imposed pursuant to 227
this division shall be paid to the political subdivision 228
responsible for housing the offender during the offender's term 230
of incarceration. This share shall be used by the political 231
subdivision to pay or reimburse incarceration costs it incurs in 232
7
housing persons who violate section 4511.19 of the Revised Code 233
or a substantially similar municipal ordinance and to pay for 234
ignition interlock devices and electronic house arrest equipment 235
for persons who violate that section, and shall be paid to the 236
credit of the fund that pays the cost of the incarceration. 237
Fifty dollars of the fine imposed pursuant to this division shall 238
be deposited into the county indigent drivers alcohol treatment 239
fund or municipal indigent drivers alcohol treatment fund under 240
the control of that court, as created by the county or municipal 241
corporation pursuant to division (N) of section 4511.191 of the 242
Revised Code. The balance of the fine shall be disbursed as 243
otherwise provided by law. 244
(b) Regardless of whether the vehicle the offender was 246
operating at the time of the offense is registered in the 247
offender's name or in the name of another person, the court, in 249
addition to the penalties imposed under division (A)(2)(a) of 250
this section and all other penalties provided by law and subject 251
to section 4503.235 of the Revised Code, shall order the 252
immobilization for ninety days of the vehicle the offender was 253
operating at the time of the offense and the impoundment for 254
ninety days of the identification license plates of that vehicle. 255
The order for the immobilization and impoundment shall be issued 256
and enforced in accordance with section 4503.233 of the Revised 257
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 260
this section, if, within six years of the offense, the offender 261
has been convicted of or pleaded guilty to two violations of 262
division (A) or (B) of section 4511.19 of the Revised Code, a 263
municipal ordinance relating to operating a vehicle while under 264
the influence of alcohol, a drug of abuse, or alcohol and a drug 265
of abuse, a municipal ordinance relating to operating a vehicle 266
with a prohibited concentration of alcohol in the blood, breath, 267
or urine, section 2903.04 of the Revised Code in a case in which 268
the offender was subject to the sanctions described in division 269
8
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 271
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 272
the jury or judge found that the offender was under the influence 273
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 275
statute of the United States or of any other state or a municipal 276
ordinance of a municipal corporation located in any other state 277
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 278
the court shall sentence the offender to a term of imprisonment 279
of thirty consecutive days and may sentence the offender to a 280
longer definite term of imprisonment of not more than one year. 281
As an alternative to the term of imprisonment required to be 282
imposed by this division, but subject to division (A)(8) of this 283
section, the court may impose upon the offender a sentence 284
consisting of both a term of imprisonment of fifteen consecutive 285
days and not less than fifty-five consecutive days of 286
electronically monitored house arrest as defined in division (A) 287
of section 2929.23 of the Revised Code. The fifteen consecutive 288
days of imprisonment and the period of electronically monitored 289
house arrest shall not exceed one year. The fifteen consecutive 290
days of imprisonment do not have to be served prior to or 291
consecutively with the period of electronically monitored house 292
arrest.
In addition, the court shall impose upon the offender a 294
fine of not less than five hundred and not more than two thousand 295
five hundred dollars. 296
In addition to any other sentence that it imposes upon the 298
offender, the court shall require the offender to attend an 299
alcohol and drug addiction program authorized by section 3793.02 300
of the Revised Code. The cost of the treatment shall be paid by 301
the offender. If the court determines that the offender is 302
unable to pay the cost of attendance at the treatment program, 304
the court may order that payment of the cost of the offender's 305
9
attendance at the treatment program be made from that court's 306
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 308
twenty-three dollars shall be paid to an enforcement and 309
education fund established by the legislative authority of the 310
law enforcement agency in this state that primarily was 311
responsible for the arrest of the offender, as determined by the 312
court that imposes the fine. This share shall be used by the 313
agency to pay only those costs it incurs in enforcing section 314
4511.19 of the Revised Code or a substantially similar municipal 315
ordinance and in informing the public of the laws governing the 316
operation of a motor vehicle while under the influence of 317
alcohol, the dangers of operating a motor vehicle while under the 318
influence of alcohol, and other information relating to the 319
operation of a motor vehicle and the consumption of alcoholic 320
beverages. Two hundred twenty-seven dollars of the fine imposed 321
pursuant to this division shall be paid to the political 322
subdivision responsible for housing the offender during the 323
offender's term of incarceration. This share shall be used by 325
the political subdivision to pay or reimburse incarceration costs 326
it incurs in housing persons who violate division (A) of section 327
4511.19 of the Revised Code or a substantially similar municipal 328
ordinance and to pay for ignition interlock devices and 329
electronic house arrest equipment for persons who violate that 330
section and shall be paid to the credit of the fund that pays the 331
cost of incarceration. The balance of the fine shall be 332
disbursed as otherwise provided by law. 333
(b) Regardless of whether the vehicle the offender was 335
operating at the time of the offense is registered in the 336
offender's name or in the name of another person, the court, in 338
addition to the penalties imposed under division (A)(3)(a) of 339
this section and all other penalties provided by law and subject 340
to section 4503.235 of the Revised Code, shall order the 341
immobilization for one hundred eighty days of the vehicle the 342
10
offender was operating at the time of the offense and the 343
impoundment for one hundred eighty days of the identification 344
license plates of that vehicle. The order for the immobilization 345
and impoundment shall be issued and enforced in accordance with 346
section 4503.233 of the Revised Code. 347
(4)(a) If, within six years of the offense, the offender 349
has been convicted of or pleaded guilty to three or more 350
violations of division (A) or (B) of section 4511.19 of the 351
Revised Code, a municipal ordinance relating to operating a 352
vehicle while under the influence of alcohol, a drug of abuse, or 353
alcohol and a drug of abuse, a municipal ordinance relating to 354
operating a vehicle with a prohibited concentration of alcohol in 355
the blood, breath, or urine, section 2903.04 of the Revised Code 356
in a case in which the offender was subject to the sanctions 357
described in division (D) of that section, section 2903.06, 358
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 359
that is substantially similar to section 2903.07 of the Revised 360
Code in a case in which the jury or judge found that the offender 361
was under the influence of alcohol, a drug of abuse, or alcohol 362
and a drug of abuse, or a statute of the United States or of any 364
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 365
division (A) or (B) of section 4511.19 of the Revised Code, or if 366
the offender previously has been convicted of or pleaded guilty 367
to a violation of division (A) of section 4511.19 of the Revised 368
Code under circumstances in which the violation was a felony and 369
regardless of when the violation and the conviction or guilty 370
plea occurred, the offender is guilty of a felony of the fourth 371
degree. The court shall sentence the offender in accordance with 372
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 373
of sixty consecutive days of imprisonment in accordance with 374
division (G)(1) of section 2929.13 of the Revised Code or a 375
mandatory prison term of sixty consecutive days of imprisonment 376
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in accordance with division (G)(2) of that section, whichever is 377
applicable. If the offender is required to serve a mandatory 378
term of local incarceration of sixty consecutive days of 379
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 380
2929.17 of the Revised Code, may impose upon the offender a 382
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 383
arrest shall not commence until after the offender has served the 384
mandatory term of local incarceration. 385
In addition to all other sanctions imposed, the court shall 387
impose upon the offender, pursuant to section 2929.18 of the 388
Revised Code, a fine of not less than seven hundred fifty nor 389
more than ten thousand dollars. 390
In addition to any other sanction that it imposes upon the 393
offender, the court shall require the offender to attend an 395
alcohol and drug addiction program authorized by section 3793.02 396
of the Revised Code. The cost of the treatment shall be paid by 397
the offender. If the court determines that the offender is 398
unable to pay the cost of attendance at the treatment program, 399
the court may order that payment of the cost of the offender's 400
attendance at the treatment program be made from the court's 401
indigent drivers alcohol treatment fund. 402
Of the fine imposed pursuant to this division, two hundred 404
ten dollars shall be paid to an enforcement and education fund 405
established by the legislative authority of the law enforcement 406
agency in this state that primarily was responsible for the 407
arrest of the offender, as determined by the court that imposes 408
the fine. This share shall be used by the agency to pay only 409
those costs it incurs in enforcing section 4511.19 of the Revised 410
Code or a substantially similar municipal ordinance and in 411
informing the public of the laws governing operation of a motor 412
vehicle while under the influence of alcohol, the dangers of 413
operation of a motor vehicle while under the influence of 414
12
alcohol, and other information relating to the operation of a 415
motor vehicle and the consumption of alcoholic beverages. Three 416
hundred ninety dollars of the fine imposed pursuant to this 417
division shall be paid to the political subdivision responsible 418
for housing the offender during the offender's term of 419
incarceration. This share shall be used by the political 421
subdivision to pay or reimburse incarceration costs it incurs in 422
housing persons who violate division (A) of section 4511.19 of 423
the Revised Code or a substantially similar municipal ordinance 424
and to pay for ignition interlock devices and electronic house 425
arrest equipment for persons who violate that section, and shall 426
be paid to the credit of the fund that pays the cost of 427
incarceration. The balance of the fine shall be disbursed as 428
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 430
operating at the time of the offense is registered in the 431
offender's name or in the name of another person, the court, in 433
addition to the sanctions imposed under division (A)(4)(a) of 434
this section and all other sanctions provided by law and subject 436
to section 4503.235 of the Revised Code, shall order the criminal 438
forfeiture to the state of the vehicle the offender was operating 439
at the time of the offense. The order of criminal forfeiture 440
shall be issued and enforced in accordance with section 4503.234 441
of the Revised Code. 442
(c) As used in division (A)(4)(a) of this section, 445
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 447
the Revised Code.
If title to a motor vehicle that is subject to an order for 449
criminal forfeiture under this section is assigned or transferred 450
and division (C)(2) or (3) of section 4503.234 of the Revised 451
Code applies, in addition to or independent of any other penalty 452
established by law, the court may fine the offender the value of 453
the vehicle as determined by publications of the national auto 454
13
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 455
(D)(4) of section 4503.234 of the Revised Code. 456
(5)(a) Except as provided in division (A)(5)(b) of this 458
section, upon a showing that imprisonment would seriously affect 459
the ability of an offender sentenced pursuant to division (A)(1), 460
(2), (3), or (4) of this section to continue the offender's 461
employment, the court may authorize that the offender be granted 463
work release from imprisonment after the offender has served the 464
three, ten, or thirty consecutive days of imprisonment or the 465
mandatory term of local incarceration of sixty consecutive days 466
that the court is required by division (A)(1), (2), (3), or (4) 468
of this section to impose. No court shall authorize work release 469
from imprisonment during the three, ten, or thirty consecutive 470
days of imprisonment or the mandatory term of local incarceration 471
or mandatory prison term of sixty consecutive days that the court 473
is required by division (A)(1), (2), (3), or (4) of this section 474
to impose. The duration of the work release shall not exceed the 475
time necessary each day for the offender to commute to and from 476
the place of employment and the place of imprisonment and the 477
time actually spent under employment. 478
(b) An offender who is sentenced pursuant to division 480
(A)(2) or (3) of this section to a term of imprisonment followed 481
by a period of electronically monitored house arrest is not 482
eligible for work release from imprisonment, but that person 483
shall be permitted work release during the period of 484
electronically monitored house arrest. The duration of the work 485
release shall not exceed the time necessary each day for the 486
offender to commute to and from the place of employment and the 487
offender's home or other place specified by the sentencing court 488
and the time actually spent under employment. 489
(6) Notwithstanding any section of the Revised Code that 491
authorizes the suspension of the imposition or execution of a 492
sentence, the placement of an offender in any treatment program 494
14
in lieu of imprisonment, or the use of a community control 495
sanction for an offender convicted of a felony, no court shall 496
suspend the ten or thirty consecutive days of imprisonment 497
required to be imposed on an offender by division (A)(2) or (3) 498
of this section, no court shall place an offender who is 499
sentenced pursuant to division (A)(2), (3), or (4) of this 500
section in any treatment program in lieu of imprisonment until 501
after the offender has served the ten or thirty consecutive days 502
of imprisonment or the mandatory term of local incarceration or 503
mandatory prison term of sixty consecutive days required to be 504
imposed pursuant to division (A)(2), (3), or (4) of this section, 505
no court that sentences an offender under division (A)(4) of this 506
section shall impose any sanction other than a mandatory term of 507
local incarceration or mandatory prison term to apply to the 508
offender until after the offender has served the mandatory term 509
of local incarceration or mandatory prison term of sixty 511
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 513
imprisonment and a period of electronically monitored house 514
arrest upon an offender under division (A)(2) or (3) of this 515
section shall suspend any portion of the sentence or place the 516
offender in any treatment program in lieu of imprisonment or 517
electronically monitored house arrest. Notwithstanding any 518
section of the Revised Code that authorizes the suspension of the 519
imposition or execution of a sentence or the placement of an 520
offender in any treatment program in lieu of imprisonment, no 521
court, except as specifically authorized by division (A)(1) of 522
this section, shall suspend the three consecutive days of 523
imprisonment required to be imposed by division (A)(1) of this 524
section or place an offender who is sentenced pursuant to 525
division (A)(1) of this section in any treatment program in lieu 526
of imprisonment until after the offender has served the three 527
consecutive days of imprisonment required to be imposed pursuant 528
to division (A)(1) of this section. 529
15
(7) No court shall sentence an offender to an alcohol 531
treatment program pursuant to division (A)(1), (2), (3), or (4) 532
of this section unless the treatment program complies with the 533
minimum standards adopted pursuant to Chapter 3793. of the 534
Revised Code by the director of alcohol and drug addiction 535
services. 536
(8) No court shall impose the alternative sentence of a 538
term of imprisonment of five consecutive days plus not less than 539
eighteen consecutive days of electronically monitored house 540
arrest permitted to be imposed by division (A)(2) of this 541
section, or the alternative sentence of a term of imprisonment of 542
fifteen consecutive days plus not less than fifty-five 543
consecutive days of electronically monitored house arrest 544
permitted to be imposed pursuant to division (A)(3) of this 545
section, unless within sixty days of the date of sentencing, the 546
court issues a written finding, entered into the record, that due 547
to the unavailability of space at the incarceration facility 548
where the offender is required to serve the term of imprisonment 549
imposed upon the offender, the offender will not be able to 550
commence serving the term of imprisonment within the sixty-day 552
period following the date of sentencing. If the court issues 553
such a finding, the court may impose the alternative sentence 554
comprised of a term of imprisonment and a term of electronically 555
monitored house arrest permitted to be imposed by division (A)(2) 556
or (3) of this section. 557
(B) Whoever violates section 4511.192, 4511.251, or 559
4511.85 of the Revised Code is guilty of a misdemeanor of the 560
first degree. The court, in addition to or independent of all 561
other penalties provided by law, may suspend for a period not to 562
exceed one year the driver's or commercial driver's license or 563
permit or nonresident operating privilege of any person who 564
pleads guilty to or is convicted of a violation of section 565
4511.192 of the Revised Code. 566
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 568
16
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 569
guilty of one of the following: 570
(1) Except as otherwise provided in division (C)(2) of 572
this section, a minor misdemeanor. 573
(2) If the offender previously has been convicted of or 576
pleaded guilty to one or more violations of section 4511.63, 577
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 578
Revised Code or a municipal ordinance that is substantially 579
similar to any of those sections, a misdemeanor of the fourth 582
degree.
(D)(1) Whoever violates any provision of sections 4511.01 584
to 4511.76 or section 4511.84 of the Revised Code, for which no 585
penalty otherwise is provided in this section is guilty of one of 586
the following: 587
(a) Except as otherwise provided in division (D)(1)(b), 590
(1)(c), (2), or (3), OR (4) of this section, a minor misdemeanor; 592
(b) If, within one year of the offense, the offender 594
previously has been convicted of or pleaded guilty to one 596
violation of any provision of sections 4511.01 to 4511.76 or 598
section 4511.84 of the Revised Code for which no penalty 599
otherwise is provided in this section or a municipal ordinance 601
that is substantially similar to any provision of sections 602
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 603
which no penalty otherwise is provided in this section, a 604
misdemeanor of the fourth degree; 606
(c) If, within one year of the offense, the offender 608
previously has been convicted of or pleaded guilty to two or more 609
violations of any provision described in division (D)(1)(b) of 611
this section or any municipal ordinance that is substantially 612
similar to any of those provisions, a misdemeanor of the third 613
degree. 614
(2) When any person is found guilty of a first offense for 616
a violation of section 4511.21 of the Revised Code upon a finding 617
that the person operated a motor vehicle faster than thirty-five 619
17
miles an hour in a business district of a municipal corporation, 620
or faster than fifty miles an hour in other portions, or faster 621
than thirty-five miles an hour while passing through a school 622
zone during recess or while children are going to or leaving 623
school during the opening or closing hours, the person is guilty 624
of a misdemeanor of the fourth degree. 625
(3) Notwithstanding section 2929.21 of the Revised Code, 627
upon a finding that such person operated a motor vehicle in a 628
construction zone where a sign was then posted in accordance with 629
section 4511.98 of the Revised Code, the court, in addition to 630
all other penalties provided by law, shall impose a fine of two 631
times the usual amount imposed for the violation. No court shall 632
impose a fine of two times the usual amount imposed for the 633
violation upon an offender who alleges, in an affidavit filed 634
with the court prior to the offender's sentencing, that the 635
offender is indigent and is unable to pay the fine imposed 636
pursuant to this division, provided the court determines the 637
offender is an indigent person and is unable to pay the fine. 638
(4) NOTWITHSTANDING SECTION 2929.21 OF THE REVISED CODE, 641
UPON A FINDING THAT A PERSON OPERATED A MOTOR VEHICLE IN 642
VIOLATION OF DIVISION (C) OF SECTION 4511.213 OF THE REVISED 644
CODE, THE COURT, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY 645
LAW, SHALL IMPOSE A FINE OF TWO TIMES THE USUAL AMOUNT IMPOSED 646
FOR THE VIOLATION.
(E) Whenever a person is found guilty in a court of record 648
of a violation of section 4511.761, 4511.762, or 4511.77 of the 649
Revised Code, the trial judge, in addition to or independent of 650
all other penalties provided by law, may suspend for any period 651
of time not exceeding three years, or revoke the license of any 652
person, partnership, association, or corporation, issued under 653
section 4511.763 of the Revised Code. 654
(F) Whoever violates division (E) or (F) of section 656
4511.51, division (A), (D), or (E) of section 4511.521, section 657
4511.681, division (A), (C), or (F) of section 4511.69, section 658
18
4511.772, or division (A) or (B) of section 4511.82 of the 659
Revised Code is guilty of a minor misdemeanor. 660
(G) Whoever violates division (A) of section 4511.75 of 662
the Revised Code may be fined an amount not to exceed five 663
hundred dollars. A person who is issued a citation for a 664
violation of division (A) of section 4511.75 of the Revised Code 665
is not permitted to enter a written plea of guilty and waive the 666
person's right to contest the citation in a trial, but instead 667
must appear in person in the proper court to answer the charge. 668
(H)(1) Whoever is a resident of this state and violates 670
division (A) or (B) of section 4511.81 of the Revised Code shall 671
be punished as follows: 672
(a) Except as otherwise provided in division (H)(1)(b) of 674
this section, the offender is guilty of a minor misdemeanor. 676
(b) If the offender previously has been convicted of or 678
pleaded guilty to a violation of division (A) or (B) of section 679
4511.81 of the Revised Code or of a municipal ordinance that is 681
substantially similar to either of those divisions, the offender 682
is guilty of a misdemeanor of the fourth degree. 683
(2) Whoever is not a resident of this state, violates 685
division (A) or (B) of section 4511.81 of the Revised Code, and 686
fails to prove by a preponderance of the evidence that the 687
offender's use or nonuse of a child restraint system was in 688
accordance with the law of the state of which the offender is a 690
resident is guilty of a minor misdemeanor on a first offense; on 692
a second or subsequent offense, that person is guilty of a 693
misdemeanor of the fourth degree. 694
(3) Sixty-five per cent of every fine imposed pursuant to 696
division (H)(1) or (2) of this section shall be forwarded to the 697
treasurer of state for deposit in the "child highway safety fund" 698
created by division (G) of section 4511.81 of the Revised Code. 699
The balance of the fine shall be disbursed as otherwise provided 700
by law. 701
(I) Whoever violates section 4511.202 of the Revised Code 703
19
is guilty of operating a motor vehicle without being in control 704
of it, a minor misdemeanor. 705
(J) Whoever violates division (B) of section 4511.74, 707
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 708
section 4511.83 of the Revised Code is guilty of a misdemeanor of 709
the first degree. 710
(K) Except as otherwise provided in this division, whoever 712
violates division (E) of section 4511.11, division (A) or (C) of 713
section 4511.17, or section 4511.18 of the Revised Code is guilty 714
of a misdemeanor of the third degree. If a violation of division 715
(A) or (C) of section 4511.17 of the Revised Code creates a risk 716
of physical harm to any person, the offender is guilty of a 717
misdemeanor of the first degree. A violation of division (A) or 718
(C) of section 4511.17 of the Revised Code that causes serious 719
physical harm to property that is owned, leased, or controlled by 720
a state or local authority is a felony of the fifth degree. 722
(L) Whoever violates division (H) of section 4511.69 of 724
the Revised Code shall be punished as follows: 725
(1) Except as otherwise provided in division (L)(2) of 728
this section, the offender shall be issued a warning. 729
(2) If the offender previously has been convicted of or 731
pleaded guilty to a violation of division (H) of section 4511.69 732
of the Revised Code or of a municipal ordinance that is 733
substantially similar to that division, the offender shall not be 734
issued a warning but shall be fined twenty-five dollars for each 735
parking location that is not properly marked or whose markings 737
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 739
4511.45 of the Revised Code is guilty of a misdemeanor of the 740
fourth degree on a first offense; on a second offense within one 741
year after the first offense, the person is guilty of a 742
misdemeanor of the third degree; and on each subsequent offense 743
within one year after the first offense, the person is guilty of 744
a misdemeanor of the second degree. 745
20
(N)(1) Whoever violates division (B) of section 4511.19 of 748
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 749
(a) Except as otherwise provided in division (N)(1)(b) of 752
this section, the offender is guilty of a misdemeanor of the 754
fourth degree.
(b) If, within one year of the offense, the offender has 756
been convicted of or pleaded guilty to any violation of division 757
(A) or (B) of section 4511.19 of the Revised Code, a municipal 758
ordinance relating to operating a vehicle while under the 759
influence of alcohol, a drug of abuse, or alcohol and a drug of 760
abuse, a municipal ordinance relating to operating a vehicle with 761
a prohibited concentration of alcohol in the blood, breath, or 762
urine, section 2903.04 of the Revised Code in a case in which the 763
offender was subject to the sanctions described in division (D) 764
of that section, section 2903.06, 2903.07, or 2903.08 of the 765
Revised Code or a municipal ordinance that is substantially 766
similar to section 2903.07 of the Revised Code in a case in which 767
the jury or judge found that the offender was under the influence 768
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 769
statute of the United States or of any other state or a municipal 771
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 772
4511.19 of the Revised Code, the offender is guilty of a 773
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 775
provided by law, the offender's driver's or commercial driver's 776
license or permit or nonresident operating privilege shall be 777
suspended in accordance with, and for the period of time 778
specified in, division (E) of section 4507.16 of the Revised 779
Code. 780
(O) Whoever violates section 4511.62 of the Revised Code 783
is guilty of a misdemeanor of the fourth degree.
Sec. 4513.02. (A) No person shall drive or move, or cause 792
21
or knowingly permit to be driven or moved, on any highway any 793
vehicle or combination of vehicles which is in such unsafe 794
condition as to endanger any person. 795
(B) When directed by any state highway patrol trooper, the 797
operator of any motor vehicle shall stop and submit such motor 798
vehicle to an inspection under division (B)(1) or (2) of this 799
section, as appropriate, and such tests as are necessary. 800
(1) Any motor vehicle not subject to inspection by the 802
public utilities commission shall be inspected and tested to 803
determine whether it is unsafe or not equipped as required by 804
law, or that its equipment is not in proper adjustment or repair, 805
or in violation of the equipment provisions of Chapter 4513. of 806
the Revised Code. 807
Such inspection shall be made with respect to the brakes, 809
lights, turn signals, steering, horns and warning devices, glass, 810
mirrors, exhaust system, windshield wipers, tires, and such other 811
items of equipment as designated by the superintendent of the 812
state highway patrol by rule or regulation adopted pursuant to 813
sections 119.01 to 119.13 of the Revised Code. 814
Upon determining that a motor vehicle is in safe operating 816
condition and its equipment in conformity with Chapter 4513. of 817
the Revised Code, the inspecting officer shall issue to the 818
operator an official inspection sticker, which shall be in such 819
form as the superintendent prescribes except that its color shall 820
vary from year to year. 821
(2) Any motor vehicle subject to inspection by the public 823
utilities commission shall be inspected and tested in accordance 824
with rules adopted by the commission. Upon determining that the 825
vehicle and operator are in compliance with rules adopted by the 826
commission, the inspecting officer shall issue to the operator an 827
appropriate official inspection sticker. 828
(C) The superintendent of the state highway patrol, 830
pursuant to sections 119.01 to 119.13 of the Revised Code, shall 831
determine and promulgate standards for any inspection program 832
22
conducted by a political subdivision of this state. These 833
standards shall exempt licensed collector's vehicles and 834
historical motor vehicles from inspection. Any motor vehicle 835
bearing a valid certificate of inspection issued by another state 836
or a political subdivision of this state whose inspection program 837
conforms to the superintendent's standards, and any licensed 838
collector's vehicle or historical motor vehicle which is not in a 839
condition which endangers the safety of persons or property, 840
shall be exempt from the tests provided in division (B) of this 841
section. 842
(D) Every person, firm, association, or corporation which 844
THAT, in the conduct of its business, owns and operates not less 845
than fifteen motor vehicles in this state THAT ARE NOT SUBJECT TO 846
REGULATION BY THE PUBLIC UTILITIES COMMISSION and which THAT, for 847
the purpose of storing, repairing, maintaining, and servicing 849
such motor vehicles, equips and operates one or more service 850
departments within this state, may file with the superintendent 851
of the state highway patrol applications for permits for such 852
service departments as official inspection stations for its own 853
motor vehicles. Upon receiving an application for each such 854
service department, and after determining that it is properly 855
equipped and has competent personnel to perform the inspections 856
referred to in this section, the superintendent shall issue the 857
necessary inspection stickers and permit to operate as an 858
official inspection station. Any such person who has had one or 859
more service departments so designated as official inspection 860
stations may have his motor vehicles THAT ARE OWNED AND OPERATED 861
BY THE PERSON AND THAT ARE NOT SUBJECT TO REGULATION BY THE 862
PUBLIC UTILITIES COMMISSION, excepting private passenger cars 864
owned by him THE PERSON or his THE PERSON'S employees, inspected 865
at such service department; and any motor vehicle bearing a valid 866
certificate of inspection issued by such service department shall 867
be exempt from the tests provided in division (B) of this 868
section.
23
No permit for an official inspection station shall be 870
assigned or transferred or used at any location other than 871
therein designated, and every such permit shall be posted in a 872
conspicuous place at the location designated. 873
IF A PERSON, FIRM, ASSOCIATION, OR CORPORATION OWNS AND 875
OPERATES FIFTEEN OR MORE MOTOR VEHICLES IN THE CONDUCT OF 876
BUSINESS AND IS SUBJECT TO REGULATION BY THE PUBLIC UTILITIES 877
COMMISSION, THAT PERSON, FIRM, ASSOCIATION, OR CORPORATION IS NOT 878
ELIGIBLE TO APPLY TO THE SUPERINTENDENT FOR PERMITS TO ENABLE ANY 879
OF ITS SERVICE DEPARTMENTS TO SERVE AS OFFICIAL INSPECTION
STATIONS FOR ITS OWN MOTOR VEHICLES. 880
(E) When any motor vehicle is found to be unsafe for 882
operation, the inspecting officer may order it removed from the 883
highway and not operated, except for purposes of removal and 884
repair, until it has been repaired pursuant to a repair order as 885
provided in division (F) of this section. 886
(F) When any motor vehicle is found to be defective or in 888
violation of Chapter 4513. of the Revised Code, the inspecting 889
officer may issue a repair order, in such form and containing 890
such information as the superintendent shall prescribe, to the 891
owner or operator of the motor vehicle. The owner or operator 892
shall thereupon obtain such repairs as are required and shall, as 893
directed by the inspecting officer, return the repair order 894
together with proof of compliance with its provisions. When any 895
motor vehicle or operator subject to rules of the public 896
utilities commission fails the inspection, the inspecting officer 897
shall issue an appropriate order to obtain compliance with such 898
rules. 899
(G) Sections 4513.01 to 4513.37 of the Revised Code, with 901
respect to equipment on vehicles, do not apply to implements of 902
husbandry, road machinery, road rollers, or agricultural tractors 903
except as made applicable to such articles of machinery. 904
Sec. 5501.01. As used in Chapters 5501., 5503., 5511., 913
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 914
24
5528., 5529., 5531., 5533., and 5535. of the Revised Code: 915
(A) "Transportation facilities" means all publicly owned 917
modes and means of transporting people and goods, including the 918
physical facilities, garages, district offices, and other related 920
buildings therefor, and including, but not limited to, highways, 921
rights-of-way, roads and bridges, parking facilities, aviation 922
facilities, port facilities, rail facilities, public 923
transportation facilities, rest areas, and roadside parks. 924
(B) "Public transportation" means publicly owned or 926
operated transportation by bus, rail, or other conveyance, which 927
provides to the public transit or paratransit service on a 928
regular and continuing basis within the state, and may include 929
demand-responsive transportation, subscription bus service, 930
shared-ride taxi service, car pools, van pools, or jitney 931
service. "Public transportation" does not include school bus 932
transportation or charter or sightseeing services. 933
(C) "Road" or "highway" includes ALL APPURTENANCES TO THE 935
ROAD OR HIGHWAY, INCLUDING BUT NOT LIMITED TO, bridges, viaducts, 936
grade separations, appurtenances CULVERTS, LIGHTING, 937
SIGNALIZATION, and approaches on or to such road or highway. 939
(D) "Right-of-way" has the same meaning as in division 941
(UU)(2) of section 4511.01 of the Revised Code. 942
(E) "Telecommunications service provider" means an entity 945
that, for a fee, provides telecommunications services, including, 946
but not limited to, voice, data, interactive or two-way
telecommunications services, without regard to the way such 947
services are delivered. 948
(F) "Telecommunications facility" means a facility for the 950
provision of telecommunications services. The facility may 951
include, but is not limited to, a tower, monopole, antenna or 952
other ancillary equipment, or buildings used to deliver 953
telecommunications services.
Sec. 5525.011. (A) The director of transportation shall 962
award contracts pursuant to this chapter in conformity to the 964
25
requirements of subsection (f) of section 105 of the federal 965
"Surface Transportation Assistance Act of 1982," 96 Stat. 2099, 966
23 U.S.C.A. 105.
(B) NOTWITHSTANDING SECTIONS 153.50 TO 153.52 OF THE 968
REVISED CODE, NEITHER THE DIRECTOR NOR ANY POLITICAL SUBDIVISION 969
OR OTHER PUBLIC AUTHORITY IS REQUIRED TO SOLICIT SEPARATE BIDS OR 970
AWARD SEPARATE CONTRACTS FOR ANY BRANCH OF WORK IN A CONTRACT FOR 973
THE CONSTRUCTION OR IMPROVEMENT OF A ROAD OR HIGHWAY FUNDED IN 974
WHOLE OR IN PART BY OR THROUGH THE DEPARTMENT OF TRANSPORTATION.
(C) WHEN THE DIRECTOR ESTIMATES THAT MORE THAN FIFTY-ONE 976
PER CENT OF THE DOLLAR AMOUNT OF WORK TO BE PERFORMED IN A 977
CONTRACT IS TO BE PERFORMED BY ONE BRANCH OF WORK, THE DIRECTOR 978
SHALL DESIGNATE THE PRIME CONTRACTOR FOR THE CONTRACT FROM THAT 979
ONE BRANCH OF WORK. THIS DIVISION DOES NOT APPLY IF THE DIRECTOR 980
DOES NOT RECEIVE ANY BIDS FROM A PREQUALIFIED PRIME CONTRACTOR
FROM THAT BRANCH OF WORK. 981
(D) AS USED IN THIS SECTION: 983
(1) "ROAD" OR "HIGHWAY" DOES NOT INCLUDE PHYSICAL 985
FACILITIES, GARAGES, DISTRICT OFFICES, OR OTHER BUILDINGS FUNDED 986
IN WHOLE OR IN PART BY OR THROUGH THE DEPARTMENT OF 987
TRANSPORTATION.
(2) "BRANCH OF WORK" MEANS ANY OF THE FOLLOWING: 989
(a) PLUMBING AND GAS-FITTING; 991
(b) STEAM AND HOT-WATER HEATING, VENTILATING APPARATUS, 993
AND STEAM-POWERED PLANT; 994
(c) ELECTRICAL EQUIPMENT. 996
Section 2. That existing sections 4511.99, 4513.02, 998
5501.01, and 5525.011 of the Revised Code are hereby repealed. 1,000
Section 3. That Section 16 of Am. Sub. H.B. 163 of the 1,002
123rd General Assembly be amended to read as follows: 1,003
"Sec. 16. A task force to study the Bureau of Motor 1,005
Vehicles' existing method of random selection to verify financial 1,006
responsibility is hereby established. The task force shall study 1,007
the method and make recommendations on changes to the General 1,008
26
Assembly on or before June AUGUST 1, 1999. The task force shall 1,010
consist of twelve members, including the Director of Public 1,011
Safety, or the Director's designee and the Superintendent of 1,013
Insurance. The Speaker of the House of Representatives shall 1,014
appoint five members of the House of Representatives to the task 1,015
force, no more than three of whom shall be from the same 1,016
political party as the Speaker. The President of the Senate 1,017
shall appoint five members of the Senate to the task force, no 1,018
more than three of whom shall be from the same political party as 1,019
the President. The Speaker and President shall make their 1,020
appointments within two weeks after the effective date of this 1,021
section, and shall jointly select the chairperson of the task 1,022
force. The Director of Public Safety, or the Director's 1,023
designee, and the legislative members of the task force shall be
voting members. The Superintendent of Insurance shall be a 1,024
nonvoting member. After making its recommendations to the 1,025
General Assembly, the task force shall cease to exist. 1,026
This section is not subject to the referendum. Therefore, 1,028
under Ohio Constitution, Article II, Section 1d and section 1.471 1,029
of the Revised Code, this section goes into immediate effect when 1,030
this act AM. SUB. H.B. NO. 163 OF THE 123rd GENERAL ASSEMBLY 1,032
becomes law." 1,033
Section 4. That existing Section 16 of Am. Sub. H.B. 163 1,035
of the 123rd General Assembly is hereby repealed. 1,036
Section 5. Sections 4511.213 and 4511.99 of the Revised 1,038
Code, as enacted and amended by this act, shall take effect on 1,039
the ninety-first day after this act becomes law. 1,040
Section 6. This act is hereby declared to be an emergency 1,042
measure necessary for the immediate preservation of the public 1,043
peace, health, and safety. The reason for such necessity is that 1,045
specifying that the requirement to solicit separate bids for 1,046
certain classes of work does not apply to Department of 1,047
Transportation contracts for road and highway will enable 1,048
imminent road and highway projects to proceed as scheduled and 1,050
27
also that the task force created in Am. Sub. H.B. No. 163 of the 1,051
123rd General Assembly to study the Bureau of Motor Vehicles' 1,052
existing method of random selection to verify financial 1,053
responsibility requires additional time to complete its study and 1,054
make recommendations. Therefore, this act shall go into 1,055
immediate effect.