As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                   S. B. No. 67  5            

      1999-2000                                                    6            


   SENATORS HOTTINGER-FINAN-WACHTMANN-BRADY-DiDONATO-PRENTISS-     8            

                    SCHAFRATH-WHITE-OELSLAGER                      9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 324.01, 718.01, 5701.08, 5709.08,   13           

                5709.10, 5709.11, 5709.12, 5709.121, 5733.01,      14           

                5739.01, and 5739.02 and to enact sections         15           

                1771.01 to 1771.11 of the Revised Code to provide  16           

                for fair competition in the provision of cable     17           

                television services by establishing conditions     18           

                under which governmental cable operators may be    19           

                formed, including the franchising of those         20           

                operators by the Public Utilities Commission, and  21           

                by taxing such operators in the manner of private  22           

                cable operators.                                   23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 324.01, 718.01, 5701.08, 5709.08,  28           

5709.10, 5709.11, 5709.12, 5709.121, 5733.01, 5739.01, and         29           

5739.02 be amended and sections 1771.01, 1771.02, 1771.03,                      

1771.04, 1771.05, 1771.06, 1771.07, 1771.08, 1771.09, 1771.10,     30           

and 1771.11 of the Revised Code be enacted to read as follows:     31           

      Sec. 324.01.  As used in sections 324.01 to 324.12 of the    40           

Revised Code:                                                      41           

      (A)  "Utility" means:                                        43           

      (1)  An electric company, gas company, heating company,      45           

cooling company, telephone company, telegraph company, or          46           

communications company supplying a utility service;                47           

      (2)  Any municipal corporation, county, or other political   49           

subdivision, instrumentality, or agency of the state supplying a   50           

                                                          2      


                                                                 
utility service;                                                   51           

      (3)  Any individual, firm, partnership, association, trust,  53           

joint-stock company, joint venture, corporation, nonprofit         54           

corporation, cooperative, receiver, assignee, trustee in           55           

bankruptcy, estate, trustee, or organization of any kind which     56           

owns or operates any office building, storeroom building,          57           

shopping center, apartment building, apartment hotel,              58           

condominium, or other multiple business or dwelling unit, and      59           

which sells, furnishes, or delivers a utility service to the       60           

tenants or occupants thereof, provided the charge for such         61           

utility service is separately stated.                              62           

      (B)  Any individual, firm, partnership, association, trust,  64           

joint-stock company, joint venture, corporation, municipal         65           

corporation, county, or other political subdivision,               66           

instrumentality, or agency of the state, nonprofit corporation,    67           

cooperative, receiver, assignee, trustee in bankruptcy, estate,    68           

trustee, or organization of any kind:                              69           

      (1)  Is an electric company when supplying electricity for   71           

light, heat, cooling, or power purposes to customers within a      72           

county levying a utilities service tax;                            73           

      (2)  Is a gas company when supplying artificial gas or       75           

natural gas for light, heat, cooling, or power purposes to         76           

customers within a county levying a utilities service tax;         77           

      (3)  Is a heating company when supplying water, steam, or    79           

air through pipes or tubing for heating purposes to customers      80           

within a county levying a utilities service tax;                   81           

      (4)  Is a cooling company when supplying water, steam, or    83           

air through pipes or tubing for cooling purposes to customers      84           

within a county levying a utilities service tax;                   85           

      (5)  Is a telephone company when transmitting telephonic     87           

messages to, from, or within a county levying a utilities service  88           

tax;                                                               89           

      (6)  Is a telegraph company when transmitting telegraphic    91           

messages to, from, or within a county levying a utilities service  92           

                                                          3      


                                                                 
tax;                                                               93           

      (7)  Is a communications company when supplying the          95           

services described in section 4931.11 of the Revised Code, other   96           

than transmitting telephonic or telegraphic messages, to, from,    97           

or within a county levying a utilities service tax.                98           

      (C)  "Utility service" means the supplying of water, steam,  100          

or air through pipes or tubing for heating or cooling purposes to  101          

customers within the county, the supplying of electricity,         102          

artificial gas, or natural gas to customers within the county,     103          

and the transmission of telephonic or telegraphic messages or the  104          

supplying of any of the services described in section 4931.11 of   105          

the Revised Code when the transmission or supplying originates     106          

from and is charged to or is received by and charged to a          107          

customer within the county.                                        108          

      (D)  "Charge for utility service" means the amount charged   110          

to the customer for a utility service without deduction for any    111          

discount for early payment but after deducting the amount of any   112          

federal excise tax on such utility service, and excluding the      113          

amount paid for the purchase of appliances or other merchandise,   114          

and the amount paid for the installation of pipes, meters, poles,  115          

apparatus, instruments, switchboards, and other facilities by the  116          

utility for the purpose of rendering utility service to the        117          

customer if the charge therefor is separately stated by the        118          

utility in its bill to the customer and is not included in the     119          

basic rates charged to customers of the utility.                   120          

      (E)  "Customer" means any individual, firm, partnership,     122          

association, trust, joint-stock company, joint venture,            123          

corporation, nonprofit corporation, cooperative, receiver,         124          

assignee, trustee in bankruptcy, estate, trustee, or organization  125          

of any kind receiving utility service from a utility, but does     126          

not include the United States, the state, any political            127          

subdivision of the state, or any agency or instrumentality of any  128          

of them.                                                           129          

      (F)  "Business" has the same meaning as in division (E) of   131          

                                                          4      


                                                                 
section 5701.08 of the Revised Code.                               132          

      Sec. 718.01.  (A)  As used in this chapter:                  141          

      (1)  "Internal Revenue Code" means the Internal Revenue      143          

Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.             144          

      (2)  "Schedule C" means internal revenue service schedule C  146          

filed by a taxpayer pursuant to the Internal Revenue Code.         147          

      (3)  "Form 2106" means internal revenue service form 2106    149          

filed by a taxpayer pursuant to the Internal Revenue Code.         150          

      (4)  "Intangible income" means income of any of the          152          

following types:  income yield, interest, dividends, or other      153          

income arising from the ownership, sale, exchange, or other        154          

disposition of intangible property including, but not limited to,  155          

investments, deposits, money, or credits as those terms are                     

defined in Chapter 5701. of the Revised Code.                      156          

      (B)  No municipal corporation with respect to that income    158          

which it may tax shall tax such income at other than a uniform     159          

rate.                                                                           

      (C)  No municipal corporation shall levy a tax on income at  161          

a rate in excess of one per cent without having obtained the       162          

approval of the excess by a majority of the electors of the        163          

municipality voting on the question at a general, primary, or      164          

special election.  The legislative authority of the municipal      165          

corporation shall file with the board of elections at least                     

seventy-five days before the day of the election a copy of the     166          

ordinance together with a resolution specifying the date the       167          

election is to be held and directing the board of elections to     168          

conduct the election.  The ballot shall be in the following form:  169          

"Shall the Ordinance providing for a... per cent levy on income    170          

for (Brief description of the purpose of the proposed levy) be                  

passed?                                                            171          

      FOR THE INCOME TAX                                           173          

      AGAINST THE INCOME TAX"                                      175          

      In the event of an affirmative vote, the proceeds of the     177          

levy may be used only for the specified purpose.                   178          

                                                          5      


                                                                 
      (D)(1)  Except as otherwise provided in division (D)(2) of   180          

this section, no municipal corporation shall exempt from a tax on  181          

income, compensation for personal services of individuals over     182          

eighteen years of age or the net profit from a business or         183          

profession, INCLUDING THE NET PROFIT OF A CABLE OPERATOR OR A      184          

GOVERNMENTAL CABLE OPERATOR AS THOSE TERMS ARE DEFINED IN SECTION  185          

1771.01 OF THE REVISED CODE.                                                    

      (2)  The legislative authority of a municipal corporation    187          

may, by ordinance or resolution, MAY exempt from a tax on income   189          

any compensation arising from the grant, sale, exchange, or other  191          

disposition of a stock option; the exercise of a stock option; or  192          

the sale, exchange, or other disposition of stock purchased under  193          

a stock option.                                                                 

      (E)  Nothing in this section shall prevent a municipal       195          

corporation from permitting lawful deductions as prescribed by     196          

ordinance.  If a taxpayer's taxable income includes income         197          

against which the taxpayer has taken a deduction for federal       198          

income tax purposes as reportable on the taxpayer's form 2106,     199          

and against which a like deduction has not been allowed by the                  

municipal corporation, the municipal corporation shall deduct      200          

from the taxpayer's taxable income an amount equal to the          201          

deduction shown on such form allowable against such income, to     202          

the extent not otherwise so allowed as a deduction by the          203          

municipal corporation.  In the case of a taxpayer who has a net                 

profit from a business or profession that is operated as a sole    204          

proprietorship, no municipal corporation may tax or use as the     205          

base for determining the amount of the net profit that shall be    206          

considered as having a taxable situs in the municipal              207          

corporation, a greater amount than the net profit reported by the               

taxpayer on schedule C filed in reference to the year in question  208          

as taxable income from such sole proprietorship, except as         209          

otherwise specifically provided by ordinance or regulation.        210          

      (F)  No municipal corporation shall tax any of the           212          

following:                                                                      

                                                          6      


                                                                 
      (1)  The military pay or allowances of members of the armed  214          

forces of the United States and of members of their reserve        215          

components, including the Ohio national guard;                     216          

      (2)  The income of religious, fraternal, charitable,         218          

scientific, literary, or educational institutions to the extent    219          

that such income is derived from tax-exempt real estate,           220          

tax-exempt tangible or intangible property, or tax-exempt          221          

activities;                                                                     

      (3)  Except as otherwise provided in division (G) of this    223          

section, intangible income;                                        224          

      (4)  Compensation paid under section 3501.28 or 3501.36 of   226          

the Revised Code to a person serving as a precinct election        227          

official, to the extent that such compensation does not exceed     228          

one thousand dollars annually.  Such compensation in excess of     229          

one thousand dollars may be subjected to taxation by a municipal                

corporation.  A municipal corporation shall not require the payer  230          

of such compensation to withhold any tax from that compensation.   231          

      (5)  Compensation paid to an employee of a transit           233          

authority, regional transit authority, or regional transit         234          

commission created under Chapter 306. of the Revised Code for      235          

operating a transit bus or other motor vehicle for the authority   236          

or commission in or through the municipal corporation, unless the               

bus or vehicle is operated on a regularly scheduled route, the     237          

operator is subject to such a tax by reason of residence or        238          

domicile in the municipal corporation, or the headquarters of the  239          

authority or commission is located within the municipal            240          

corporation.                                                                    

      (6)  The income of a public utility when that public         242          

utility is subject to the tax levied under section 5727.30 of the  243          

Revised Code.                                                      244          

      (G)  Any municipal corporation that taxes any type of        246          

intangible income on March 29, 1988, pursuant to Section 3 of      247          

Amended Substitute Senate Bill No. 238 of the 116th general        248          

assembly, may continue to tax that type of income after 1988 if a  249          

                                                          7      


                                                                 
majority of the electors of the municipal corporation voting on    250          

the question of whether to permit the taxation of that type of                  

intangible income after 1988 vote in favor thereof at an election  251          

held on November 8, 1988.                                          252          

      (H)  Nothing in this section or section 718.02 of the        254          

Revised Code, shall authorize the levy of any tax on income which  255          

a municipal corporation is not authorized to levy under existing   256          

laws or shall require a municipal corporation to allow a           257          

deduction from taxable income for losses incurred from a sole      258          

proprietorship or partnership.                                                  

      Sec. 1771.01.  AS USED IN SECTIONS 1771.01 TO 1771.11 OF     260          

THE REVISED CODE:                                                               

      (A)  "AFFILIATE" HAS THE SAME MEANING AS IN 47 U.S.C.A. 522  265          

AND INCLUDES A PUBLIC UTILITY OWNED OR OPERATED BY A MUNICIPAL     266          

CORPORATION OR TOWNSHIP, BUT EXCLUDES A GOVERNMENTAL CABLE                      

OPERATOR.                                                          267          

      (B)  "CABLE OPERATOR," "CABLE SERVICE," AND "CABLE SYSTEM"   270          

HAVE THE SAME MEANINGS AS IN 47 U.S.C.A. 522.                      272          

      (C)  "FRANCHISE" AND "FRANCHISING AUTHORITY" HAVE THE SAME   274          

MEANINGS AS IN 47 U.S.C.A. 522.                                    275          

      (D)  "GOVERNMENTAL CABLE OPERATOR" MEANS A CABLE OPERATOR    277          

OWNED OR OPERATED BY A MUNICIPAL CORPORATION OR TOWNSHIP OR BY     278          

ITS AFFILIATE.                                                                  

      (E)  "LEGISLATIVE ACTION" MEANS, IN THE CASE OF A MUNICIPAL  281          

CORPORATION, THE ENACTMENT OF AN ORDINANCE BY THE LEGISLATIVE      282          

AUTHORITY OF THE MUNICIPAL CORPORATION AND, IN THE CASE OF A       283          

TOWNSHIP, THE ADOPTION OF A RESOLUTION BY THE BOARD OF TOWNSHIP    284          

TRUSTEES.                                                                       

      (F)  "PUBLIC, EDUCATIONAL, OR GOVERNMENTAL ACCESS            286          

FACILITIES" HAS THE SAME MEANING AS IN 47 U.S.C.A. 522.            287          

      (G)  "PUBLIC MONEYS" MEANS ALL MONEYS IN THE TREASURY OF A   289          

MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE OR MONEYS       291          

COMING LAWFULLY INTO THE POSSESSION OR CUSTODY OF THE TREASURER    292          

OF A MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE.           293          

                                                          8      


                                                                 
      (H)  "PUBLIC UTILITY" EXCLUDES A CABLE SYSTEM OWNED OR       296          

OPERATED BY A GOVERNMENTAL CABLE OPERATOR OR BY A MUNICIPAL        297          

CORPORATION OR TOWNSHIP OR ITS AFFILIATE.                          298          

      Sec. 1771.02.  AS PROVIDED IN SECTIONS 1771.01 TO 1771.11    300          

OF THE REVISED CODE, IT IS THE PUBLIC POLICY OF THIS STATE TO:     301          

      (A)  ENSURE FAIR COMPETITION IN THE PROVISION OF CABLE       304          

SERVICE IN THIS STATE, CONSISTENT WITH THE PROCOMPETITIVE          305          

POLICIES OF THE "TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO.      307          

104-104, 110 STAT. 56, FOR THE PURPOSES OF PROVIDING THE WIDEST    309          

POSSIBLE DIVERSITY OF ENTERTAINMENT, INFORMATION, AND NEWS         310          

SOURCES TO THE GENERAL PUBLIC; ADVANCING THE UNFETTERED EXERCISE   311          

OF RIGHTS UNDER THE FIRST AMENDMENT TO THE UNITED STATES           312          

CONSTITUTION TO FREE SPEECH AND THE FREE FLOW OF INFORMATION;      313          

ENHANCING THE DEVELOPMENT AND WIDESPREAD USE OF TECHNOLOGICAL      314          

ADVANCES IN THE PROVISION OF CABLE SERVICE; AND ENCOURAGING        315          

IMPROVED CUSTOMER SERVICE AT COMPETITIVE RATES;                    316          

      (B)  ENSURE THAT ALL CABLE SERVICE IN THIS STATE IS          318          

PROVIDED WITHIN A COMPREHENSIVE AND NONDISCRIMINATORY FEDERAL,     319          

STATE, AND LOCAL TAX AND REGULATORY SCHEME;                        320          

      (C)  ALLOW THE GENERAL PUBLIC FULL AND TIMELY INFORMATION,   323          

AND THE OPPORTUNITY TO PARTICIPATE IN DECISIONS, RESPECTING THE    324          

PROVISION AND FUNDING OF CABLE SERVICES BY A MUNICIPAL             325          

CORPORATION OR TOWNSHIP OR ITS AFFILIATE.                          326          

      Sec. 1771.03.  (A)  THE PROVISION OF CABLE SERVICE OVER A    329          

CABLE SYSTEM IS NOT AN ESSENTIAL GOVERNMENTAL FUNCTION UNDER THE   330          

LAWS OF THIS STATE OR OF ANY MUNICIPAL CORPORATION OR TOWNSHIP OF  331          

THIS STATE.  THE PROVISION OF CABLE SERVICE BY A MUNICIPAL         332          

CORPORATION OR TOWNSHIP OR ITS AFFILIATE IS NOT A VALID EXERCISE   333          

OF THE POLICE POWER UNLESS THAT SERVICE IS PROVIDED IN ACCORDANCE  334          

WITH SECTIONS 1771.01 TO 1771.11 OF THE REVISED CODE.              335          

      (B)  NO MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE   338          

MAY PROVIDE CABLE SERVICE OVER A CABLE SYSTEM, WHETHER BUNDLED OR  339          

UNBUNDLED WITH OTHER SERVICES, EXCEPT AS PROVIDED UNDER SECTIONS   340          

1771.01 TO 1771.11 OF THE REVISED CODE.                            341          

                                                          9      


                                                                 
      (C)  NOTHING IN SECTIONS 1771.01 TO 1771.11 OF THE REVISED   343          

CODE CONFERS AUTHORITY ON A MUNICIPAL CORPORATION OR TOWNSHIP TO   344          

OWN OR OPERATE A GOVERNMENTAL CABLE OPERATOR.                      345          

      Sec. 1771.04.  NO GOVERNMENTAL CABLE OPERATOR SHALL          347          

PROVIDE, WITHIN THE JURISDICTIONAL BOUNDARIES OF A MUNICIPAL       348          

CORPORATION OR TOWNSHIP, CABLE SERVICE OVER A CABLE SYSTEM UNLESS  349          

THE GOVERNMENTAL CABLE OPERATOR IS INCORPORATED AND ORGANIZED      350          

UNDER CHAPTER 1701. OR 1702. OF THE REVISED CODE AND THE           352          

MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE IS THE SOLE     353          

SHAREHOLDER OR THE SOLE MEMBER OF THE GOVERNMENTAL CABLE           354          

OPERATOR.                                                                       

      Sec. 1771.05.  (A)(1)  NO GOVERNMENTAL CABLE OPERATOR SHALL  356          

BE FORMED BY A MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE  357          

EXCEPT UPON LEGISLATIVE ACTION EXPRESSLY AUTHORIZING THAT          360          

FORMATION IN COMPLIANCE WITH THIS SECTION AND SECTION 1771.06 OF   361          

THE REVISED CODE.  NO PUBLIC MONEYS OR PROPERTY OF THE MUNICIPAL   362          

CORPORATION OR TOWNSHIP OR ITS AFFILIATE SHALL BE USED IN THE      364          

FORMATION OF SUCH A GOVERNMENTAL CABLE OPERATOR EXCEPT IN A        365          

MANNER CONSISTENT WITH SECTION 1771.08 OF THE REVISED CODE AND                  

EXCEPT PURSUANT TO AN APPROPRIATION, IN THAT SAME OR RELATED       366          

LEGISLATIVE ACTION, FROM THE UNRESTRICTED FUND BALANCE OF THE      367          

MUNICIPAL CORPORATION, TOWNSHIP, OR AFFILIATE FOR THE EXCLUSIVE    369          

PURPOSE OF MAKING A LOAN TO, OR CONTRIBUTION TO THE CAPITAL OF,    370          

THE GOVERNMENTAL CABLE OPERATOR.                                                

      (2)  NO LEGISLATIVE ACTION SHALL BE TAKEN FOR THE PURPOSES   372          

OF DIVISION (A)(1) OF THIS SECTION WITHOUT THE LEGISLATIVE         374          

AUTHORITY OF THAT MUNICIPAL CORPORATION OR TOWNSHIP FIRST FINDING  375          

ALL OF THE FOLLOWING:                                                           

      (a)  THE PROVISION OF CABLE SERVICE BY THE GOVERNMENTAL      378          

CABLE OPERATOR WILL PROMOTE THE COMPETITIVE PROVISION OF IMPROVED  379          

CABLE SERVICE TO CITIZENS OF THE MUNICIPAL CORPORATION OR          380          

TOWNSHIP.                                                                       

      (b)  THE APPROPRIATION OF PUBLIC MONEYS FOR THE PURPOSE OF   383          

HAVING CABLE SERVICE PROVIDED BY THE GOVERNMENTAL CABLE OPERATOR   384          

                                                          10     


                                                                 
WILL BE OF GREATER GENERAL BENEFIT TO THE COMMUNITY THAN OTHER     385          

AUTHORIZED USES OF THOSE MONEYS.                                   386          

      (c)  THE GOVERNMENTAL CABLE OPERATOR WILL BE                 389          

SELF-SUSTAINING AFTER RECEIPT OF THE APPROPRIATED MONEYS.          390          

      (3)  LEGISLATIVE ACTION UNDER DIVISION (A)(1) OF THIS        393          

SECTION ALSO SHALL BE PRECEDED BY A PUBLIC HEARING CONCERNING THE  395          

FINDINGS OF THE FEASIBILITY STUDY PRESCRIBED IN SECTION 1771.06                 

OF THE REVISED CODE.  THE HEARING SHALL BE HELD BY THE             398          

LEGISLATIVE AUTHORITY NOT MORE THAN SIXTY DAYS AFTER THE FILING    399          

OF THE FEASIBILITY STUDY IN ACCORDANCE WITH DIVISION (D) OF THAT   400          

SECTION.  THE LEGISLATIVE AUTHORITY SHALL PUBLISH NOTICE OF THE                 

HEARING IN ACCORDANCE WITH DIVISION (A) OF SECTION 1771.09 OF THE  401          

REVISED CODE.  THE NOTICE SHALL STATE THE TIME AND PLACE OF THE    403          

HEARING AND SHALL CONTAIN A SUMMARY OF THE CONCLUSIONS OF THE      404          

FEASIBILITY STUDY, INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED    405          

AMOUNT OF PUBLIC MONEYS TO BE LOANED OR CONTRIBUTED BY THE         406          

MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE TO THE          407          

OPERATOR AS AUTHORIZED UNDER DIVISION (A)(1) OF THIS SECTION, AS   409          

WELL AS A STATEMENT THAT THE STUDY IS AVAILABLE FOR PUBLIC         410          

INSPECTION AND COPYING IN ACCORDANCE WITH DIVISION (B) OF SECTION  411          

1771.09 OF THE REVISED CODE AND A STATEMENT OF THE LOCATION AND    412          

OFFICE HOURS OF THE RELEVANT OFFICE UNDER THAT DIVISION.           413          

      (B)  NOTHING IN DIVISION (A) OF THIS SECTION APPLIES WITH    417          

RESPECT TO A GOVERNMENTAL CABLE OPERATOR OPERATING PRIOR TO THE                 

EFFECTIVE DATE OF THIS SECTION.                                    418          

      Sec. 1771.06.  (A)  NO MUNICIPAL CORPORATION OR TOWNSHIP OR  420          

ITS AFFILIATE SHALL FUND A FEASIBILITY STUDY FOR THE PURPOSE OF    423          

DIVISION (A)(3) OF SECTION 1771.05 OF THE REVISED CODE EXCEPT      425          

UPON LEGISLATIVE ACTION EXPRESSLY AUTHORIZING THE STUDY AND        426          

APPROPRIATING FROM THE UNRESTRICTED FUND BALANCE OF THE MUNICIPAL  427          

CORPORATION, TOWNSHIP, OR AFFILIATE PUBLIC MONEYS SUFFICIENT TO    429          

PAY ALL COSTS OF CONDUCTING THE STUDY AND PREPARING AND            430          

PRESENTING A REPORT ON THE STUDY CONCLUSIONS.  NO SUCH             431          

LEGISLATIVE ACTION SHALL BE TAKEN WITHOUT THE LEGISLATIVE          432          

                                                          11     


                                                                 
AUTHORITY FIRST FINDING THAT THERE IS A SUBSTANTIAL LIKELIHOOD     433          

THAT THE STANDARDS SPECIFIED IN DIVISIONS (A)(2)(a) AND (b) OF     434          

SECTION 1771.05 OF THE REVISED CODE WILL BE MET.                   436          

      (B)  LEGISLATIVE ACTION UNDER DIVISION (A) OF THIS SECTION   440          

SHALL BE PRECEDED BY A PUBLIC HEARING ON THE QUESTION OF THE       441          

LEGISLATIVE ACTION.  THE LEGISLATIVE AUTHORITY SHALL PUBLISH       442          

NOTICE OF THE HEARING IN ACCORDANCE WITH DIVISION (A) OF SECTION   443          

1771.09 OF THE REVISED CODE.  THE NOTICE SHALL STATE THE TIME AND  446          

PLACE OF THE HEARING AND SHALL CONTAIN THE TEXT OF THE PROPOSED    447          

ORDINANCE OR RESOLUTION AND A SUMMARY OF IT, INCLUDING THE AMOUNT  448          

OF THE PROPOSED APPROPRIATION.                                                  

      (C)  A FEASIBILITY STUDY UNDER THIS SECTION SHALL ADDRESS    451          

ALL OF THE FOLLOWING:                                                           

      (1)  THE PUBLIC PURPOSES TO BE SERVED BY THE PROVISION OF    453          

CABLE SERVICE TO ALL OR SOME OF THE RESIDENTS OF THE MUNICIPAL     455          

CORPORATION OR TOWNSHIP BY A GOVERNMENTAL CABLE OPERATOR;                       

      (2)  THE NATURE AND LIKELIHOOD OF IMPROVEMENTS AND           457          

DETRIMENTS TO THE PROVISION OF CABLE SERVICE TO SUCH RESIDENTS     458          

THAT ARE EXPECTED TO RESULT, DIRECTLY OR AS THE RESULT OF          459          

ENHANCED COMPETITION, FROM PROVISION OF CABLE SERVICE BY A         460          

GOVERNMENTAL CABLE OPERATOR;                                       461          

      (3)  THE PROJECTED COSTS OF ESTABLISHING, EQUIPPING, AND     463          

OPERATING A CABLE SYSTEM AND PROVIDING CABLE SERVICE TO THE        464          

RESIDENTS OF THE MUNICIPAL CORPORATION OR TOWNSHIP BY A            465          

GOVERNMENTAL CABLE OPERATOR;                                       466          

      (4)  THE AMOUNTS, SOURCES, AND TERMS OF REQUIRED FINANCING,  469          

INCLUDING THE AMOUNTS, TIMING, AND TERMS OF ANY LOANS OR CAPITAL   470          

CONTRIBUTIONS TO THE GOVERNMENTAL CABLE OPERATOR BY THE MUNICIPAL  471          

CORPORATION OR TOWNSHIP OR ITS AFFILIATE;                                       

      (5)  THE PROJECTED OPERATING RESULTS OF THE GOVERNMENTAL     473          

CABLE OPERATOR FOR EACH OF ITS FIRST FIVE YEARS OF OPERATION, OR   474          

UNTIL IT IS PROJECTED TO BE FINANCIALLY SELF-SUSTAINING,           475          

WHICHEVER IS LATER, WHICH PROJECTIONS SHALL BE SUPPORTED BY A      476          

MARKETING STUDY;                                                   477          

                                                          12     


                                                                 
      (6)  THE MANAGERIAL, TECHNICAL, FINANCIAL, AND LEGAL         479          

CAPABILITIES OF THE GOVERNMENTAL CABLE OPERATOR TO PROVIDE         480          

COMPETITIVE CABLE SERVICE;                                         481          

      (7)  THE GOVERNMENTAL CABLE OPERATOR'S COMPLIANCE WITH       483          

APPLICABLE FEDERAL, STATE, AND LOCAL LAWS.                         484          

      ADDITIONALLY, THE STUDY SHALL INCLUDE A CONCLUSION           486          

REGARDING WHETHER A GOVERNMENTAL CABLE OPERATOR FORMED BY THE      487          

MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE WOULD PROVIDE   488          

CABLE SERVICE THAT IS COMPETITIVE IN TECHNOLOGY, PROGRAMMING,      489          

RATES, AND CUSTOMER SERVICE AND WOULD BE FINANCIALLY               490          

SELF-SUSTAINING.                                                                

      (D)  UPON COMPLETION OF THE FEASIBILITY STUDY, IT SHALL BE   492          

FILED AND AVAILABLE FOR PUBLIC INSPECTION AND COPYING IN           493          

ACCORDANCE WITH DIVISION (B) OF SECTION 1771.09 OF THE REVISED     494          

CODE.                                                                           

      Sec. 1771.07.  (A)  AFTER THE FORMATION OF A GOVERNMENTAL    497          

CABLE OPERATOR UNDER SECTIONS 1771.01 TO 1771.06 OF THE REVISED    499          

CODE, NO OTHER PUBLIC MONEYS OF THE MUNICIPAL CORPORATION OR       500          

TOWNSHIP OR ITS AFFILIATE SHALL BE PROVIDED FOR LOAN OR            501          

CONTRIBUTION TO THE CAPITAL OF THE GOVERNMENTAL CABLE OPERATOR     502          

EXCEPT UPON THE APPLICATION OF THE GOVERNMENTAL CABLE OPERATOR IN  504          

ACCORDANCE WITH DIVISIONS (B) TO (D) OF THIS SECTION AND SECTION   505          

1771.08 OF THE REVISED CODE AND SUBSEQUENT LEGISLATIVE ACTION      506          

AUTHORIZING AN APPROPRIATION FOR THAT PURPOSE FROM THE             507          

UNRESTRICTED FUND BALANCE OF THE MUNICIPAL CORPORATION, TOWNSHIP,  508          

OR AFFILIATE, AND UPON MAKING THE FINDING PRIOR TO THAT            510          

LEGISLATIVE ACTION THAT THE CONTINUED PROVISION OF CABLE SERVICE   511          

BY THE GOVERNMENTAL CABLE OPERATOR WILL ACHIEVE ALL OF THE         512          

OBJECTIVES SPECIFIED IN DIVISIONS (A)(2)(a) TO (c) OF SECTION      513          

1771.05 OF THE REVISED CODE.                                       514          

      (B)  LEGISLATIVE ACTION UNDER DIVISION (A) OF THIS SECTION   518          

SHALL BE PRECEDED BY A PUBLIC HEARING ON THE QUESTION OF THE       519          

LEGISLATIVE ACTION.  THE LEGISLATIVE AUTHORITY SHALL PUBLISH       520          

NOTICE OF THE HEARING IN ACCORDANCE WITH DIVISION (A) OF SECTION   521          

                                                          13     


                                                                 
1771.09 OF THE REVISED CODE.  THE NOTICE SHALL STATE THE TIME AND  523          

PLACE OF THE HEARING AND SHALL CONTAIN A STATEMENT OF THE AMOUNT   524          

OF THE PROPOSED APPROPRIATION, A STATEMENT THAT THE APPLICATION    525          

IS AVAILABLE FOR PUBLIC INSPECTION AND COPYING IN ACCORDANCE WITH  526          

DIVISION (B) OF SECTION 1771.09 OF THE REVISED CODE, AND A         527          

STATEMENT OF THE LOCATION AND OFFICE HOURS OF THE RELEVANT OFFICE               

UNDER THAT DIVISION.                                               528          

      (C)  THE APPLICATION BY THE GOVERNMENTAL CABLE OPERATOR FOR  531          

ADDITIONAL PUBLIC FUNDING SHALL INCLUDE ALL OF THE FOLLOWING:      532          

      (1)  SPECIFICATION OF THE AMOUNT OF ADDITIONAL FUNDING       534          

REQUESTED;                                                         535          

      (2)  SPECIFICATION IN REASONABLE DETAIL OF THE PURPOSES AND  538          

COSTS TO WHICH THAT ADDITIONAL FUNDING WILL BE APPLIED;            539          

      (3)  COMPARATIVE, AUDITED FINANCIAL STATEMENTS FOR THE       541          

GOVERNMENTAL CABLE OPERATOR, INCLUDING BALANCE SHEETS AND          542          

STATEMENTS OF RESULTS OF OPERATIONS AND CASH FLOW, FOR ITS TWO     543          

MOST RECENTLY COMPLETED FISCAL YEARS;                              544          

      (4)  A PROJECTION OF THE OPERATING RESULTS OF THE            546          

GOVERNMENTAL CABLE OPERATOR, ASSUMING SUCH ADDITIONAL FUNDING IS   547          

LOANED OR CONTRIBUTED, FOR EACH OF ITS FOLLOWING THREE YEARS OF    548          

OPERATION, OR UNTIL IT IS PROJECTED TO BE FINANCIALLY              549          

SELF-SUSTAINING, WHICHEVER IS LATER, WHICH PROJECTIONS SHALL BE    550          

SUPPORTED BY A MARKETING STUDY;                                    551          

      (5)  IF ANY PART OF THE ADDITIONAL FUNDING IS TO BE MADE BY  554          

LOAN, SPECIFICATION OF THE APPLICABLE INTEREST RATE AND TERMS OF   555          

REPAYMENT.                                                                      

      (D)  THE APPLICATION FOR ADDITIONAL PUBLIC FUNDING SHALL BE  557          

FILED WITH AND AVAILABLE FOR PUBLIC INSPECTION AND COPYING IN      558          

ACCORDANCE WITH SECTION 1771.05 OF THE REVISED CODE AT LEAST       559          

THIRTY DAYS PRIOR TO THE PUBLIC HEARING REQUIRED BY DIVISION (B)   561          

OF THIS SECTION.  THE LEGISLATIVE AUTHORITY SHALL PUBLISH NOTICE   562          

OF THE TIME AND PLACE OF THE PUBLIC HEARING IN ACCORDANCE WITH     563          

DIVISION (A) OF SECTION 1771.09 OF THE REVISED CODE, TOGETHER      565          

WITH A STATEMENT OF THE AMOUNT OF ADDITIONAL PUBLIC FUNDS TO BE    566          

                                                          14     


                                                                 
LOANED OR CONTRIBUTED BY THE MUNICIPAL CORPORATION OR TOWNSHIP OR  567          

ITS AFFILIATE TO THE GOVERNMENTAL CABLE OPERATOR, A STATEMENT      569          

THAT THE APPLICATION FOR ADDITIONAL PUBLIC FUNDING IS AVAILABLE    570          

FOR PUBLIC INSPECTION AND COPYING IN ACCORDANCE WITH DIVISION (B)  571          

OF SECTION 1771.09 OF THE REVISED CODE, AND A STATEMENT OF THE     572          

LOCATION AND OFFICE HOURS OF THE RELEVANT OFFICE UNDER THAT                     

DIVISION.                                                          573          

      Sec. 1771.08.  (A)  NO MUNICIPAL CORPORATION OR TOWNSHIP OR  575          

ITS AFFILIATE SHALL MAKE LOANS AND CONTRIBUTIONS TO THE CAPITAL    577          

OF A GOVERNMENTAL CABLE OPERATOR TO THE EXTENT AUTHORIZED UNDER    578          

SECTIONS 1771.01 TO 1771.07 OF THE REVISED CODE EXCEPT IN CASH OR  579          

IN THE FORM OF PROPERTY HAVING A FAIR MARKET VALUE IN THE          580          

AGGREGATE NOT IN EXCESS OF THE UNRESTRICTED FUND BALANCE OF THE    581          

MUNICIPAL CORPORATION, TOWNSHIP, OR AFFILIATE AT THE TIME OF THE   582          

LOAN OR CONTRIBUTION.  NO SUCH LOAN OR CONTRIBUTION SHALL BE       584          

FINANCED, IN WHOLE OR IN PART, WITH DEBT OR ANY OBLIGATION OF THE  585          

MUNICIPAL CORPORATION, TOWNSHIP, OR AFFILIATE, WHETHER THE         586          

OBLIGATION IS PAYABLE FROM GENERAL TAX REVENUES OR IS SECURED BY   587          

THE FULL FAITH AND CREDIT OF THE MUNICIPAL CORPORATION, TOWNSHIP,  588          

OR AFFILIATE OR OTHERWISE.  NO MUNICIPAL CORPORATION OR TOWNSHIP   589          

OR ITS AFFILIATE SHALL GUARANTEE ANY OBLIGATION OF THE             590          

GOVERNMENTAL CABLE OPERATOR, OR PLEDGE PROPERTY OR REVENUES,       591          

WHETHER PUBLIC PROPERTY OR OTHERWISE OR GENERAL TAX REVENUES OR    592          

OTHERWISE, AS SECURITY FOR ANY OBLIGATION OF THE GOVERNMENTAL      593          

CABLE OPERATOR.                                                    594          

      (B)  NO MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE   597          

SHALL MAKE A LOAN TO, PROVIDE SERVICES TO, OR PERMIT THE USE OF    598          

PROPERTY IT OWNS OR OPERATES BY, A GOVERNMENTAL CABLE OPERATOR     599          

EXCEPT PURSUANT TO A WRITTEN AGREEMENT THAT PROVIDES FOR           600          

REPAYMENT OF THE LOAN, PAYMENT FOR THOSE SERVICES, OR USE AT THE   601          

FAIR MARKET RATE AND THAT ESTABLISHES SUCH OTHER TERMS AND         602          

CONDITIONS AS WOULD EXIST IN AN ARMS-LENGTH TRANSACTION FOR THE    603          

MAKING AND REPAYMENT OF SUCH A LOAN, THE PROVISION OF SUCH         604          

SERVICES, OR THE USE OF SUCH PROPERTY BY AN UNAFFILIATED THIRD     605          

                                                          15     


                                                                 
PARTY.  NO MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE,     606          

DIRECTLY OR INDIRECTLY, BY ANY DEVICE OR METHOD, SHALL CHARGE OR   607          

RECEIVE A DIFFERENT AMOUNT FROM A GOVERNMENTAL CABLE OPERATOR      608          

THAN IT CHARGES OR RECEIVES FROM ANY OTHER PERSON FOR A LIKE AND   609          

CONTEMPORANEOUS RIGHT, INTEREST, PRIVILEGE, USE, OR SERVICE UNDER  610          

SUBSTANTIALLY THE SAME CIRCUMSTANCES AND CONDITIONS.  NO           611          

MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE, DIRECTLY OR    612          

INDIRECTLY, BY ANY DEVICE OR METHOD, SHALL USE ANY SOVEREIGN       613          

AUTHORITY IT HAS UNDER THE LAWS OF THIS STATE FOR THE BENEFIT OF   614          

A GOVERNMENTAL CABLE OPERATOR IN PREFERENCE TO ANY OTHER PERSON    615          

SIMILARLY SITUATED.                                                             

      (C)  NOTHING IN DIVISION (A) OR (B) OF THIS SECTION APPLIES  618          

WITH RESPECT TO A LOAN, CONTRIBUTION, GUARANTEE, PLEDGE,           619          

PROVISION OF SERVICES, OR USE OF PROPERTY AUTHORIZED AND IN        620          

EFFECT OR RENDERED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.    622          

      Sec. 1771.09.  (A)  ANY NOTICE REQUIRED UNDER SECTIONS       624          

1771.01 TO 1771.08 OF THE REVISED CODE, WHETHER IN CONNECTION      626          

WITH THE FORMATION OF A GOVERNMENTAL CABLE OPERATOR OR             627          

SUBSEQUENTLY, SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL         628          

CIRCULATION WITHIN THE JURISDICTIONAL BOUNDARIES OF THE MUNICIPAL  629          

CORPORATION OR TOWNSHIP AT LEAST TWICE PRIOR TO THE HEARING DATE,  630          

THE FIRST PUBLICATION OCCURRING NOT LESS THAN THIRTY DAYS, AND     631          

THE SECOND OCCURRING NOT MORE THAN SEVEN DAYS, PRIOR TO THE        632          

HEARING DATE.  THE PUBLICATION SHALL BE MADE IN THE BODY TYPE OF   633          

THE NEWSPAPER UNDER HEADLINES IN EIGHTEEN POINT TYPE.  THE CHIEF   634          

LEGAL OFFICER OF THE POLITICAL SUBDIVISION SHALL REVIEW THE        635          

NOTICE PRIOR TO FORWARDING IT FOR PUBLICATION, TO ENSURE THAT THE  636          

NOTICE IS LEGALLY ACCURATE AND SUFFICIENT.  NO NEWSPAPER SHALL BE  637          

PAID A HIGHER PRICE FOR A PUBLICATION UNDER SECTIONS 1771.01 TO    638          

1771.11 OF THE REVISED CODE THAN ITS MAXIMUM BONA FIDE COMMERCIAL               

RATE.                                                              639          

      (B)  ANY DOCUMENT REQUIRED UNDER SECTIONS 1771.01 TO         641          

1771.11 OF THE REVISED CODE TO BE AVAILABLE FOR PUBLIC INSPECTION  642          

AND COPYING, WHETHER IN CONNECTION WITH THE FORMATION OF A         643          

                                                          16     


                                                                 
GOVERNMENTAL CABLE OPERATOR OR SUBSEQUENTLY, SHALL BE FILED WITH,  644          

AND SHALL BE SO AVAILABLE IN ACCORDANCE WITH SECTION 149.43 OF     645          

THE REVISED CODE IN, THE OFFICE OF THE CLERK OF THE MUNICIPAL      646          

CORPORATION OR TOWNSHIP OR, IF NO SUCH OFFICE EXISTS, SUCH OTHER   648          

OFFICE AS THE APPLICABLE LEGISLATIVE ACTION UNDER SECTIONS         649          

1771.01 TO 1771.11 OF THE REVISED CODE SHALL SPECIFY.              650          

      Sec. 1771.10.  (A)  NOTWITHSTANDING ANY LAW OF THIS STATE    653          

TO THE CONTRARY, NO MUNICIPAL CORPORATION OR TOWNSHIP SHALL BE     654          

THE FRANCHISING AUTHORITY FOR A GOVERNMENTAL CABLE OPERATOR OF     655          

WHICH THE MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE IS    657          

THE SOLE SHAREHOLDER OR MEMBER.                                                 

      (B)  NO GOVERNMENTAL CABLE OPERATOR SHALL PROVIDE CABLE      660          

SERVICE, OVER A CABLE SYSTEM IN THIS STATE, EXCLUSIVELY TO         661          

SUBSCRIBERS WITHIN THE JURISDICTIONAL BOUNDARIES OF THE MUNICIPAL  662          

CORPORATION OR TOWNSHIP THAT IS THE SOLE SHAREHOLDER OR MEMBER OF  663          

THE GOVERNMENTAL CABLE OPERATOR OR THE MUNICIPAL CORPORATION OR                 

TOWNSHIP THE AFFILIATE OF WHICH IS THE SOLE SHAREHOLDER OR         664          

MEMBER, WITHOUT FIRST OBTAINING A FRANCHISE FROM THE COMMISSION    666          

PURSUANT TO COMMISSION ORDER.  THE COMMISSION SHALL BE THE SOLE    667          

FRANCHISING AUTHORITY FOR SUCH A GOVERNMENTAL CABLE OPERATOR, AND  668          

THE COMMISSION IS HEREBY VESTED WITH THE POWER AND JURISDICTION    669          

TO SUPERVISE AND REGULATE ANY SUCH GOVERNMENTAL CABLE OPERATOR     670          

PURSUANT TO THIS SECTION AND CONSISTENT WITH THE                   671          

"TELECOMMUNICATIONS ACT OF 1996," PUB. L. NO. 104-104, 110 STAT.   673          

56.                                                                             

      THE APPLICATION FOR A FRANCHISE FROM THE COMMISSION SHALL    676          

BE IN SUCH FORM AS THE COMMISSION SHALL PRESCRIBE.  IN             677          

DETERMINING WHETHER TO GRANT OR DENY A FRANCHISE TO A              678          

GOVERNMENTAL CABLE OPERATOR, THE COMMISSION SHALL CONSIDER ALL OF  679          

THE FOLLOWING FACTORS:                                                          

      (1)  THE  TECHNICAL, MANAGERIAL, AND FINANCIAL CAPABILITIES  682          

OF THE GOVERNMENTAL CABLE OPERATOR TO PROVIDE CABLE SERVICE OVER   683          

A CABLE SYSTEM;                                                                 

      (2)  THE QUALITY OF CABLE SERVICE TO BE OFFERED BY THE       685          

                                                          17     


                                                                 
GOVERNMENTAL CABLE OPERATOR;                                       686          

      (3)  THE TECHNICAL AND PERFORMANCE QUALITY OF THE EQUIPMENT  689          

TO BE USED;                                                                     

      (4)  THE PROPOSED RATES TO SUBSCRIBERS OF THE GOVERNMENTAL   691          

CABLE OPERATOR;                                                                 

      (5)  ANY OTHER FACTORS DETERMINED PERTINENT BY THE           694          

COMMISSION.                                                        695          

      (C)  THE COMMISSION, IN AN ORDER GRANTING A FRANCHISE UNDER  698          

THIS SECTION, SHALL SET THE TERMS OF THE FRANCHISE, SUCH THAT THE  699          

TERMS ARE CONSISTENT WITH THE POLICY SPECIFIED IN SECTION 1771.02  700          

OF THE REVISED CODE.  IN SETTING TERMS CONSISTENT WITH THAT        702          

POLICY, THE COMMISSION SHALL CONSIDER ALL RELEVANT FACTORS OR      703          

OBJECTIVES, INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:   704          

      (1)  THE TERMS AND CONDITIONS OF FRANCHISES ISSUED TO OTHER  707          

CABLE OPERATORS PROVIDING CABLE SERVICE OVER CABLE SYSTEMS                      

CONSTRUCTED AND OPERATED WITHIN THE JURISDICTIONAL BOUNDARIES OF   708          

THE MUNICIPAL CORPORATION OR TOWNSHIP;                             709          

      (2)  MAINTENANCE OF JUST AND REASONABLE RATES, RENTALS, AND  712          

CHARGES;                                                                        

      (3)  ENCOURAGEMENT OF INNOVATION AND TECHNOLOGICAL           714          

ADVANCES;                                                          715          

      (4)  PROMOTION OF DIVERSITY AND OPTIONS;                     717          

      (5)  RECOGNITION OF MARKET FORCES;                           719          

      (6)  PROTECTION OF CONSUMERS;                                721          

      (7)  PROMOTION OF THE PUBLIC WELFARE THROUGH PUBLIC          723          

WELFARE-ENHANCING PROVISIONS;                                      724          

      (8)  RECOGNITION OF EFFICIENT BUSINESS PRACTICES.            726          

      (D)  IN ADDITION TO THE REQUIREMENTS OF DIVISION (C) OF      729          

THIS SECTION, THE TERMS OF THE FRANCHISE SHALL INCLUDE ALL OF THE  731          

FOLLOWING:                                                                      

      (1)  A FRANCHISE FEE DETERMINED AS A PERCENTAGE OF THE       733          

GROSS REVENUES OF THE GOVERNMENTAL CABLE OPERATOR FROM THE         734          

PROVISION OF CABLE SERVICES WITHIN THE JURISDICTIONAL BOUNDARIES   735          

OF THE MUNICIPAL CORPORATION OR TOWNSHIP;                          736          

                                                          18     


                                                                 
      (2)  CUSTOMER SERVICE REQUIREMENTS AND CONSUMER PROTECTION   738          

PROVISIONS;                                                        739          

      (3)  OBLIGATIONS WITH RESPECT TO OR IN LIEU OF THE           741          

PROVISION OF PUBLIC, EDUCATIONAL, OR GOVERNMENTAL ACCESS           742          

FACILITIES AND THE PROVISION OF REDUCED-COST SERVICES TO PUBLIC,   743          

EDUCATIONAL, OR GOVERNMENTAL ENTITIES COMMENSURATE WITH THE        744          

INTERESTS OF THE COMMUNITY AND THE POLICY SPECIFIED IN SECTION     745          

1771.02 OF THE REVISED CODE, AND OBLIGATIONS WITH RESPECT TO OR    748          

IN LIEU OF THE PROVISION OF ACCESS TO CABLE SERVICE TO ALL         749          

HOUSEHOLDS IN THE FRANCHISE AREA.                                               

      (E)  FRANCHISE FEES PAID UNDER THIS SECTION SHALL BE         752          

DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL     753          

REVENUE FUND.  ANY SUCH AMOUNTS PAID INTO THE GENERAL REVENUE      754          

FUND, BUT NOT EXPENDED BY THE COMMISSION FOR THE PURPOSES OF       755          

ADMINISTERING THIS SECTION, SHALL BE CREDITED RATABLY BY THE       756          

COMMISSION, AFTER FIRST DEDUCTING ANY DEFICITS ACCUMULATED FROM    757          

PRIOR YEARS, TO EACH MUNICIPAL CORPORATION OR TOWNSHIP HAVING      758          

WITHIN ITS JURISDICTIONAL BOUNDARIES A GOVERNMENTAL CABLE          759          

OPERATOR WITH A FRANCHISE PURSUANT TO THIS SECTION.  SUCH          760          

MUNICIPAL CORPORATION OR TOWNSHIP OR ITS AFFILIATE SHALL NOT USE   761          

MONEYS RECEIVED UNDER THIS DIVISION FOR A LOAN OR CAPITAL          762          

CONTRIBUTION TO A GOVERNMENTAL CABLE OPERATOR EXCEPT IN            763          

ACCORDANCE WITH SECTIONS 1771.01 TO 1771.11 OF THE REVISED CODE.   764          

      (F)  THE COMMISSION SHALL ADOPT RULES TO CARRY OUT THIS      766          

SECTION.  THE RULES SHALL INCLUDE PROCEDURES FOR PUBLIC HEARINGS   768          

ON FRANCHISE APPLICATIONS AND ON THE TERMS OF FRANCHISES GRANTED   769          

BY THE COMMISSION; FOR ADDRESSING SUBSCRIBER AND COMMUNITY                      

COMPLAINTS REGARDING A FRANCHISEE UNDER THIS SECTION; AND FOR      771          

PERIODIC REPORTING, AUDIT, AND INSPECTION REQUIREMENTS FOR         772          

FRANCHISEES.                                                       773          

      (G)  NOTHING IN SECTIONS 1771.01 TO 1771.11 OF THE REVISED   775          

CODE AUTHORIZES REGULATION, AS A COMMON CARRIER OR UTILITY, OF A   777          

CABLE SYSTEM PROVIDING CABLE SERVICE TO THE EXTENT THAT                         

REGULATION IS PROHIBITED BY 47 U.S.C.A. 541(c).                    779          

                                                          19     


                                                                 
      Sec. 1771.11.  A GOVERNMENTAL CABLE OPERATOR SHALL BE        781          

DEEMED, FOR TAXATION AND OTHER PURPOSES UNDER THE LAWS OF THIS     782          

STATE, TO BE ENGAGED IN A BUSINESS ACTIVITY.  A GOVERNMENTAL       783          

CABLE OPERATOR SHALL NOT BE DEEMED UNDER THE LAWS OF THIS STATE    784          

TO BE A POLITICAL SUBDIVISION FOR ANY PURPOSE WHATSOEVER.          785          

      Sec. 5701.08.  As used in Title LVII of the Revised Code:    795          

      (A)  Personal property is "used" within the meaning of       797          

"used in business" when employed or utilized in connection with    798          

ordinary or special operations, when acquired or held as means or  799          

instruments for carrying on the business, when kept and            800          

maintained as a part of a plant capable of operation, whether      801          

actually in operation or not, or when stored or kept on hand as    802          

material, parts, products, or merchandise.  Machinery and          803          

equipment classifiable upon completion as personal property while  804          

under construction or installation to become part of a new or      805          

existing plant or other facility is not considered to be "used"    806          

by the owner of such plant or other facility within the meaning    807          

of "used in business"  until such machinery and equipment is       808          

installed and in operation or capable of operation in the          809          

business for which acquired.  Agricultural products in storage in  810          

a grain elevator, a warehouse, or a place of storage which         811          

products are subject to control of the United States government    812          

and are to be shipped on order of the United States government     813          

are not used in business in this state.                            814          

      (B)  Merchandise or agricultural products shipped from       816          

outside this state and held in this state in a warehouse or a      817          

place of storage without further manufacturing or processing and   818          

for storage only and for shipment outside this state are not used  819          

in business in this state.  Such property qualifies for this       820          

exception if division (B)(1) or (2) of this section applies:       821          

      (1)  During any period that a person owns such property in   823          

this state:                                                        824          

      (a)  The property is to be shipped from a warehouse or       826          

place of storage in this state to the owner of the property or     827          

                                                          20     


                                                                 
persons other than customers at locations outside this state for   828          

use, processing, or sale; or                                       829          

      (b)  The property is located in public or private            831          

warehousing facilities in this state which are not subject to the  832          

control of or under the supervision of the owner of the property   833          

or manned by its employees and from which the property is to be    834          

shipped to any person, including a customer, outside this state.   835          

      (2)  During the first twenty-four calendar months that a     837          

person first owns such property in this state, the property is     838          

held in a warehouse or place of storage in this state located      839          

within one mile of the closest boundary of an airport, and is      840          

shipped to any person, including a customer, outside this state.   841          

      For the purposes of division (B)(2) of this section,         843          

"airport" means any airport, as defined in division (C) of         844          

section 4561.01 of the Revised Code, which is approved by the      845          

department of transportation under section 4561.11 of the Revised  846          

Code to be used for commercial purposes, is regularly served by    847          

only one air carrier authorized to do so under 14 C.F.R., and is   848          

not a public airport as defined in 49 U.S.C. Appx. 2202(a)(17) as  849          

existing on the effective date of this amendment.                  850          

      (3)  For property that may meet the condition for the        852          

exception provided in division (B)(2) of this section, if it is    853          

not known at the conclusion of a reporting period whether the      854          

property yet qualifies for such exception, the owner of such       855          

property shall return it for taxation.  If it is later determined  856          

that the returned property does so qualify, the owner may apply    857          

for a final assessment and refund on the property as provided in   858          

section 5711.26 of the Revised Code.                               859          

      (C)  Leased property used by the lessee exclusively for      861          

agricultural purposes and new or used machinery and equipment and  862          

accessories therefor that are designed and built for agricultural  863          

use and owned by a merchant as defined in section 5711.15 of the   864          

Revised Code are not considered to be "used" within the meaning    865          

of "used in business."                                             866          

                                                          21     


                                                                 
      (D)  Moneys, deposits, investments, accounts receivable,     868          

and prepaid items, and other taxable intangibles are "used" when   869          

they or the avails thereof are being applied, or are intended to   870          

be applied, in the conduct of the business, whether in this state  871          

or elsewhere.                                                      872          

      (E)  PERSONAL PROPERTY THAT IS USED BY A CABLE OPERATOR OR   874          

GOVERNMENTAL CABLE OPERATOR TO PROVIDE CABLE SERVICE OVER A CABLE  875          

SYSTEM, AS THOSE TERMS ARE DEFINED IN SECTION 1771.01 OF THE       876          

REVISED CODE, IS USED IN BUSINESS.                                              

      (F)  "Business" includes all enterprises, except             878          

agriculture, conducted for gain, profit, or income and extends to  879          

personal service occupations AND TO CABLE OPERATORS AND            880          

GOVERNMENTAL CABLE OPERATORS AS THOSE TERMS ARE DEFINED IN         881          

SECTION 1771.01 OF THE REVISED CODE.                                            

      Sec. 5709.08.  (A)  Real or personal property belonging to   890          

the state or United States used exclusively for a public purpose,  891          

and public property used exclusively for a public purpose, shall   892          

be exempt from taxation.  Real and personal property, when         893          

devoted to public use and not held for pecuniary profit, owned by  894          

an adjoining state or any political subdivision or agency of such  895          

adjoining state, which would be exempt from taxation if owned by                

the state of Ohio or a political subdivision or agency thereof,    897          

shall be exempt from taxation providing that such adjoining state  898          

exempts from taxation real and personal property devoted to        899          

public use and not held for pecuniary profit, owned by the state   900          

of Ohio or any political subdivision or agency thereof, which      901          

would be exempt from taxation if owned by the adjoining state or                

political subdivision or agency thereof.                           902          

      (B)  NOTHING IN DIVISION (A) OF THIS SECTION AUTHORIZES AN   905          

EXEMPTION FOR ANY REAL OR PERSONAL PROPERTY OWNED, OPERATED, OR                 

USED BY A CABLE OPERATOR OR A GOVERNMENTAL CABLE OPERATOR AS       906          

THOSE TERMS ARE DEFINED IN SECTION 1771.01 OF THE REVISED CODE,    907          

OR AUTHORIZES AN EXEMPTION FOR ANY PERSONAL PROPERTY USED IN       908          

BUSINESS AS DEFINED IN DIVISION (E) OF SECTION 5701.08 OF THE                   

                                                          22     


                                                                 
REVISED CODE.                                                                   

      Sec. 5709.10.  (A)  Market houses and other houses or        917          

halls, public squares, or other public grounds of a municipal      918          

corporation or township used exclusively for public purposes or    919          

erected by taxation for such purposes, land and multi-level        920          

parking structures used exclusively for a public purpose and                    

owned and operated by a municipal corporation under section        922          

717.05 of the Revised Code that charges no fee for the privilege   923          

of parking thereon, property used as a county fairgrounds that is  924          

owned by the board of county commissioners or by a county          926          

agricultural society, and property of housing authorities created               

and organized under and for the purposes of sections 3735.27 to    927          

3735.50 of the Revised Code, which property is hereby declared to  928          

be public property used exclusively for a public purpose,          929          

notwithstanding that parts thereof may be lawfully leased, shall   930          

be exempt from taxation.                                                        

      (B)  NOTHING IN DIVISION (A) OF THIS SECTION AUTHORIZES AN   933          

EXEMPTION FOR ANY REAL OR PERSONAL PROPERTY OWNED, OPERATED, OR                 

USED BY A CABLE OPERATOR OR A GOVERNMENTAL CABLE OPERATOR AS       934          

THOSE TERMS ARE DEFINED IN SECTION 1771.01 OF THE REVISED CODE,    935          

OR AUTHORIZES AN EXEMPTION FOR ANY PERSONAL PROPERTY USED IN       936          

BUSINESS AS DEFINED IN DIVISION (E) OF SECTION 5701.08 OF THE                   

REVISED CODE.                                                                   

      Sec. 5709.11.  (A)  Works, machinery, pipe lines, and        945          

fixtures belonging to a municipal corporation and used             946          

exclusively for conveying water to it, or for heating or lighting  947          

it, shall be exempt from taxation.                                              

      (B)  NOTHING IN DIVISION (A) OF THIS SECTION AUTHORIZES AN   950          

EXEMPTION FOR ANY REAL OR PERSONAL PROPERTY OWNED, OPERATED, OR                 

USED BY A CABLE OPERATOR OR A GOVERNMENTAL CABLE OPERATOR AS       951          

THOSE TERMS ARE DEFINED IN SECTION 1771.01 OF THE REVISED CODE,    952          

OR AUTHORIZES AN EXEMPTION FOR ANY PERSONAL PROPERTY USED IN       953          

BUSINESS AS DEFINED IN DIVISION (E) OF SECTION 5701.08 OF THE                   

REVISED CODE.                                                                   

                                                          23     


                                                                 
      Sec. 5709.12.  (A)  As used in this section, "independent    962          

living facilities" means any residential housing facilities and    963          

related property that are not a nursing home, residential care     965          

facility, or adult care facility as defined in division (A) of     966          

section 5701.13 of the Revised Code.                               967          

      (B)  Lands, houses, and other buildings belonging to a       969          

county, township, or municipal corporation and used exclusively    970          

for the accommodation or support of the poor, or leased to the     971          

state or any political subdivision for public purposes shall be    972          

exempt from taxation.  Real and tangible personal property         973          

belonging to institutions that is used exclusively for charitable  974          

purposes shall be exempt from taxation.  All property owned and    975          

used by a nonprofit organization exclusively for a home for the    976          

aged, as defined in section 5701.13 of the Revised Code, also      977          

shall be exempt from taxation.                                     978          

      (C)  If a home for the aged is operated in conjunction with  980          

or at the same site as independent living facilities, the          981          

exemption granted in division (B) of this section shall include    982          

kitchen, dining room, clinic, entry ways, maintenance and storage  983          

areas, and land necessary for access commonly used by both         984          

residents of the home for the aged and residents of the            985          

independent living facilities.  Other facilities commonly used by  986          

both residents of the home for the aged and residents of           987          

independent living units shall be exempt from taxation only if     988          

the other facilities are used primarily by the residents of the    989          

home for the aged.  Vacant land currently unused by the home, and  990          

independent living facilities and the lands connected with them    991          

are not exempt from taxation.  Except as provided in division (A)  992          

of section 5709.121 of the Revised Code, property of a home        993          

leased for nonresidential purposes is not exempt from taxation.    994          

      (D)  A private corporation established under federal law,    996          

as defined in 36 U.S.C. 1101, Pub. L. 102-199, 105 Stat. 1629, as  997          

amended, the objects of which include encouraging the advancement  998          

of science generally, or of a particular branch of science, the    999          

                                                          24     


                                                                 
promotion of scientific research, the improvement of the           1,000        

qualifications and usefulness of scientists, or the increase and   1,001        

diffusion of scientific knowledge is conclusively presumed to be   1,002        

a charitable or educational institution.  A private corporation    1,003        

established as a nonprofit corporation under the laws of a state,  1,004        

that is exempt from federal income taxation under section          1,005        

501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085,    1,006        

26 U.S.C.A. 1, as amended, and has as its principal purpose one    1,007        

or more of the foregoing objects, also is conclusively presumed    1,008        

to be a charitable or educational institution.                     1,009        

      The fact that an organization described in this division     1,011        

operates in a manner that results in an excess of revenues over    1,012        

expenses shall not be used to deny the exemption granted by this   1,013        

section, provided such excess is used, or is held for use, for     1,014        

exempt purposes or to establish a reserve against future           1,015        

contingencies; and, provided further, that such excess may not be  1,016        

distributed to individual persons or to entities that would not    1,017        

be entitled to the tax exemptions provided by this chapter.  Nor   1,018        

shall the fact that any scientific information diffused by the     1,019        

organization is of particular interest or benefit to any of its    1,020        

individual members be used to deny the exemption granted by this   1,021        

section, provided that such scientific information is available    1,022        

to the public for purchase or otherwise.                           1,023        

      When a private corporation as described in this division     1,025        

sells all or any portion of a tract, lot, or parcel of real        1,026        

estate that has been exempt from taxation under this section and   1,027        

section 5709.121 of the Revised Code, the portion sold shall be    1,028        

restored to the tax list for the year following the year of the    1,029        

sale and a charge shall be levied against the sold property in an  1,030        

amount equal to the tax savings on such property during the four   1,031        

tax years preceding the year the property is placed on the tax     1,032        

list.  The tax savings equals the amount of the additional taxes   1,033        

that would have been levied if such property had not been exempt   1,034        

from taxation.                                                     1,035        

                                                          25     


                                                                 
      The charge constitutes a lien of the state upon such         1,037        

property as of the first day of January of the tax year in which   1,038        

the charge is levied and continues until discharged as provided    1,039        

by law.  The charge may also be remitted for all or any portion    1,040        

of such property that the tax commissioner determines is entitled  1,041        

to exemption from real property taxation for the year such         1,042        

property is restored to the tax list under any provision of the    1,043        

Revised Code, other than sections 725.02, 1728.10, 3735.67,        1,044        

5709.40, 5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78,     1,045        

and 5709.84 OF THE REVISED CODE, upon an application for           1,046        

exemption covering the year such property is restored to the tax   1,047        

list filed under section 5715.27 of the Revised Code.              1,048        

      (E)  NOTHING IN DIVISIONS (A) TO (D) OF THIS SECTION         1,051        

AUTHORIZES AN EXEMPTION FOR ANY REAL OR PERSONAL PROPERTY OWNED,   1,052        

OPERATED, OR USED BY A CABLE OPERATOR OR A GOVERNMENTAL CABLE      1,053        

OPERATOR AS THOSE TERMS ARE DEFINED IN SECTION 1771.01 OF THE      1,054        

REVISED CODE, OR AUTHORIZES AN EXEMPTION FOR ANY PERSONAL                       

PROPERTY USED IN BUSINESS AS DEFINED IN DIVISION (E) OF SECTION    1,055        

5701.08 OF THE REVISED CODE.                                                    

      Sec. 5709.121.  Real property and tangible personal          1,064        

property belonging to a charitable or educational institution or   1,065        

to the state or a political subdivision, shall be considered as    1,066        

used exclusively for charitable or public purposes by such         1,067        

institution, the state, or political subdivision, if it meets one  1,068        

of the following requirements:                                     1,069        

      (A)  It is used by such institution, the state, or           1,071        

political subdivision, or by one or more other such institutions,  1,072        

the state, or political subdivisions under a lease, sublease, or   1,073        

other contractual arrangement:                                     1,074        

      (1)  As a community or area center in which presentations    1,076        

in music, dramatics, the arts, and related fields are made in      1,077        

order to foster public interest and education therein;             1,078        

      (2)  For other charitable, educational, or public purposes;  1,080        

      (B)  It is made available under the direction or control of  1,082        

                                                          26     


                                                                 
such institution, the state, or political subdivision for use in   1,083        

furtherance of or incidental to its charitable, edcuational        1,084        

EDUCATIONAL, or public purposes and not with the view to profit.   1,086        

      (C)  It is used by an organization described in division     1,088        

(D) of section 5709.12 of the Revised Code.                        1,089        

      NOTHING IN THIS SECTION AUTHORIZES AN EXEMPTION FOR ANY      1,092        

REAL OR PERSONAL PROPERTY OWNED, OPERATED, OR USED BY A CABLE      1,093        

OPERATOR OR A GOVERNMENTAL CABLE OPERATOR AS THOSE TERMS ARE                    

DEFINED IN SECTION 1771.01 OF THE REVISED CODE, OR AUTHORIZES AN   1,094        

EXEMPTION FOR ANY PERSONAL PROPERTY USED IN BUSINESS AS DEFINED    1,095        

IN DIVISION (E) OF SECTION 5701.08 OF THE REVISED CODE.                         

      Sec. 5733.01.  (A)  The tax provided by this chapter for     1,104        

domestic corporations shall be the amount charged against each     1,105        

corporation organized for profit under the laws of this state      1,107        

and, each nonprofit corporation organized pursuant to Chapter                   

1729. of the Revised Code, AND EACH CORPORATION THAT IS A CABLE    1,108        

OPERATOR OR GOVERNMENTAL CABLE OPERATOR AS THOSE TERMS ARE         1,109        

DEFINED IN SECTION 1771.01 OF THE REVISED CODE, except as          1,110        

provided in sections 5733.09 and 5733.10 of the Revised Code, for  1,111        

the privilege of exercising its franchise during the calendar      1,112        

year in which that amount is payable, and the.  THE tax provided   1,113        

by this chapter for foreign corporations shall be the amount       1,115        

charged against each corporation organized for profit and each     1,116        

nonprofit corporation organized or operating in the same or        1,117        

similar manner as nonprofit corporations organized under Chapter   1,118        

1729. of the Revised Code, under the laws of any state or country  1,119        

other than this state, except as provided in sections 5733.09 and  1,120        

5733.10 of the Revised Code, for the privilege of doing business   1,121        

in this state, owning or using a part or all of its capital or     1,122        

property in this state, holding a certificate of compliance with   1,123        

the laws of this state authorizing it to do business in this       1,124        

state, or otherwise having nexus in or with this state under the   1,126        

Constitution of the United States, during the calendar year in     1,130        

which that amount is payable.                                      1,131        

                                                          27     


                                                                 
      (B)  A corporation is subject to the tax imposed by section  1,133        

5733.06 of the Revised Code for each calendar year that it is so   1,134        

organized, doing business, owning or using a part or all of its    1,136        

capital or property, holding a certificate of compliance, or       1,137        

otherwise having nexus in or with this state under the             1,139        

Constitution of the United States, on the first day of January of  1,144        

that calendar year.                                                             

      (C)  Any corporation subject to this chapter that is not     1,146        

subject to the federal income tax shall file its returns and       1,147        

compute its tax liability as required by this chapter in the same  1,148        

manner as if that corporation were subject to the federal income   1,149        

tax.                                                               1,150        

      (D)  For purposes of this chapter, a federally chartered     1,152        

financial institution shall be deemed to be organized under the    1,153        

laws of the state within which its principal office is located.    1,154        

      (E)  Any person, as defined in section 5701.01 of the        1,157        

Revised Code, shall be treated as a corporation for purposes of    1,158        

this chapter if the person is classified for federal income tax    1,160        

purposes as an association taxable as a corporation.                            

      Sec. 5739.01.  As used in this chapter:                      1,169        

      (A)  "Person" includes individuals, receivers, assignees,    1,171        

trustees in bankruptcy, estates, firms, partnerships,              1,172        

associations, joint-stock companies, joint ventures, clubs,        1,173        

societies, corporations, the state and its political               1,174        

subdivisions, and combinations of individuals of any form.         1,175        

      (B)  "Sale" and "selling" include all of the following       1,177        

transactions for a consideration in any manner, whether            1,178        

absolutely or conditionally, whether for a price or rental, in     1,179        

money or by exchange, and by any means whatsoever:                 1,180        

      (1)  All transactions by which title or possession, or       1,182        

both, of tangible personal property, is or is to be transferred,   1,183        

or a license to use or consume tangible personal property is or    1,184        

is to be granted;                                                  1,185        

      (2)  All transactions by which lodging by a hotel is or is   1,187        

                                                          28     


                                                                 
to be furnished to transient guests;                               1,188        

      (3)  All transactions by which:                              1,190        

      (a)  An item of tangible personal property is or is to be    1,192        

repaired, except property, the purchase of which would be exempt   1,193        

from the tax imposed by section 5739.02 of the Revised Code;       1,194        

      (b)  An item of tangible personal property is or is to be    1,196        

installed, except property, the purchase of which would be exempt  1,197        

from the tax imposed by section 5739.02 of the Revised Code or     1,198        

property that is or is to be incorporated into and will become a   1,199        

part of a production, transmission, transportation, or             1,200        

distribution system for the delivery of a public utility service;  1,201        

      (c)  The service of washing, cleaning, waxing, polishing,    1,203        

or painting a motor vehicle is or is to be furnished;              1,204        

      (d)  Industrial laundry cleaning services are or are to be   1,206        

provided;                                                          1,207        

      (e)  Automatic data processing, computer services, or        1,209        

electronic information services are or are to be provided for use  1,210        

in business when the true object of the transaction is the         1,211        

receipt by the consumer of automatic data processing, computer     1,212        

services, or electronic information services rather than the       1,213        

receipt of personal or professional services to which automatic    1,214        

data processing, computer services, or electronic information      1,215        

services are incidental or supplemental.  Notwithstanding any      1,216        

other provision of this chapter, such transactions that occur      1,217        

between members of an affiliated group are not sales.  An          1,218        

affiliated group means two or more persons related in such a way   1,219        

that one person owns or controls the business operation of         1,220        

another member of the group.  In the case of corporations with     1,221        

stock, one corporation owns or controls another if it owns more    1,222        

than fifty per cent of the other corporation's common stock with   1,223        

voting rights.                                                     1,224        

      (f)  Telecommunications service is provided that originates  1,226        

or terminates in this state and is charged in the records of the   1,227        

telecommunications service vendor to the consumer's telephone      1,228        

                                                          29     


                                                                 
number or account in this state, or that both originates and       1,229        

terminates in this state;                                          1,230        

      (g)  Landscaping and lawn care service is or is to be        1,232        

provided;                                                          1,233        

      (h)  Private investigation and security service is or is to  1,235        

be provided;                                                       1,236        

      (i)  Information services or tangible personal property is   1,238        

provided or ordered by means of a nine hundred telephone call;     1,239        

      (j)  Building maintenance and janitorial service is or is    1,241        

to be provided;                                                    1,242        

      (k)  Employment service is or is to be provided;             1,244        

      (l)  Employment placement service is or is to be provided;   1,246        

      (m)  Exterminating service is or is to be provided;          1,248        

      (n)  Physical fitness facility service is or is to be        1,250        

provided;                                                          1,251        

      (o)  Recreation and sports club service is or is to be       1,253        

provided.                                                          1,254        

      (4)  All transactions by which printed, imprinted,           1,256        

overprinted, lithographic, multilithic, blueprinted, photostatic,  1,257        

or other productions or reproductions of written or graphic        1,258        

matter are or are to be furnished or transferred;                  1,259        

      (5)  The production or fabrication of tangible personal      1,261        

property for a consideration for consumers who furnish either      1,262        

directly or indirectly the materials used in the production of     1,263        

fabrication work; and include the furnishing, preparing, or        1,264        

serving for a consideration of any tangible personal property      1,265        

consumed on the premises of the person furnishing, preparing, or   1,266        

serving such tangible personal property.  Except as provided in    1,267        

section 5739.03 of the Revised Code, a construction contract       1,268        

pursuant to which tangible personal property is or is to be        1,269        

incorporated into a structure or improvement on and becoming a     1,270        

part of real property is not a sale of such tangible personal      1,271        

property.  The construction contractor is the consumer of such     1,272        

tangible personal property, provided that the sale and             1,273        

                                                          30     


                                                                 
installation of carpeting, the sale and installation of            1,274        

agricultural land tile, the sale and erection or installation of   1,275        

portable grain bins, or the provision of landscaping and lawn      1,276        

care service and the transfer of property as part of such service  1,277        

is never a construction contract.  The transfer of copyrighted     1,278        

motion picture films for exhibition purposes is not a sale,        1,279        

except such films as are used solely for advertising purposes.     1,280        

Other than as provided in this section, "sale" and "selling" do    1,281        

not include professional, insurance, or personal service           1,282        

transactions which involve the transfer of tangible personal       1,283        

property as an inconsequential element, for which no separate      1,284        

charges are made.                                                  1,285        

      As used in division (B)(5) of this section:                  1,287        

      (a)  "Agricultural land tile" means fired clay or concrete   1,289        

tile, or flexible or rigid perforated plastic pipe or tubing,      1,290        

incorporated or to be incorporated into a subsurface drainage      1,291        

system appurtenant to land used or to be used directly in          1,292        

production by farming, agriculture, horticulture, or               1,293        

floriculture.  The term does not include such materials when they  1,294        

are or are to be incorporated into a drainage system appurtenant   1,295        

to a building or structure even if the building or structure is    1,296        

used or to be used in such production.                             1,297        

      (b)  "Portable grain bin" means a structure that is used or  1,299        

to be used by a person engaged in farming or agriculture to        1,300        

shelter the person's grain and that is designed to be              1,301        

disassembled without significant damage to its component parts.    1,302        

      (6)  All transactions in which all of the shares of stock    1,304        

of a closely held corporation are transferred, if the corporation  1,305        

is not engaging in business and its entire assets consist of       1,306        

boats, planes, motor vehicles, or other tangible personal          1,307        

property operated primarily for the use and enjoyment of the       1,308        

shareholders;                                                      1,309        

      (7)  All transactions in which a warranty, maintenance or    1,311        

service contract, or similar agreement by which the vendor of the  1,312        

                                                          31     


                                                                 
warranty, contract, or agreement agrees to repair or maintain the  1,313        

tangible personal property of the consumer is or is to be          1,314        

provided.                                                          1,315        

      (C)  "Vendor" means the person providing the service or by   1,317        

whom the transfer effected or license given by a sale is or is to  1,318        

be made or given and, for sales described in division (B)(3)(i)    1,319        

of this section, the telecommunications service vendor that        1,320        

provides the nine hundred telephone service; if two or more        1,321        

persons are engaged in business at the same place of business      1,322        

under a single trade name in which all collections on account of   1,323        

sales by each are made, such persons shall constitute a single     1,324        

vendor.                                                            1,325        

      Physicians, dentists, hospitals, and veterinarians who are   1,327        

engaged in selling tangible personal property as received from     1,328        

others, such as eyeglasses, mouthwashes, dentifrices, or similar   1,329        

articles, are vendors.  Veterinarians who are engaged in           1,330        

transferring to others for a consideration drugs, the dispensing   1,331        

of which does not require an order of a licensed veterinarian or   1,332        

physician under federal law, are vendors.                          1,333        

      (D)(1)  "Consumer" means the person for whom the service is  1,335        

provided, to whom the transfer effected or license given by a      1,336        

sale is or is to be made or given, to whom the service described   1,337        

in division (B)(3)(f) or (i) of this section is charged, or to     1,338        

whom the admission is granted.                                     1,339        

      (2)  Physicians, dentists, hospitals, and blood banks        1,341        

operated by nonprofit institutions and persons licensed to         1,342        

practice veterinary medicine, surgery, and dentistry are           1,343        

consumers of all tangible personal property and services           1,344        

purchased by them in connection with the practice of medicine,     1,345        

dentistry, the rendition of hospital or blood bank service, or     1,346        

the practice of veterinary medicine, surgery, and dentistry.  In   1,347        

addition to being consumers of drugs administered by them or by    1,348        

their assistants according to their direction, veterinarians also  1,349        

are consumers of drugs that under federal law may be dispensed     1,350        

                                                          32     


                                                                 
only by or upon the order of a licensed veterinarian or            1,351        

physician, when transferred by them to others for a consideration  1,352        

to provide treatment to animals as directed by the veterinarian.   1,353        

      (3)  A person who performs a facility management, or         1,355        

similar service contract for a contractee is a consumer of all     1,356        

tangible personal property and services purchased for use in       1,357        

connection with the performance of such contract, regardless of    1,358        

whether title to any such property vests in the contractee.  The   1,359        

purchase of such property and services is not subject to the       1,360        

exception for resale under division (E)(1) of this section.        1,361        

      (4)(a)  In the case of a person who purchases printed        1,363        

matter for the purpose of distributing it or having it             1,364        

distributed to the public or to a designated segment of the        1,365        

public, free of charge, that person is the consumer of that        1,366        

printed matter, and the purchase of that printed matter for that   1,367        

purpose is a sale.                                                              

      (b)  In the case of a person who produces, rather than       1,369        

purchases, printed matter for the purpose of distributing it or    1,370        

having it distributed to the public or to a designated segment of  1,371        

the public, free of charge, that person is the consumer of all     1,372        

tangible personal property and services purchased for use or       1,373        

consumption in the production of that printed matter.  That        1,374        

person is not entitled to claim exception under division (E)(8)    1,375        

of this section for any material incorporated into the printed                  

matter or any equipment, supplies, or services primarily used to   1,376        

produce the printed matter.                                        1,377        

      (c)  The distribution of printed matter to the public or to  1,380        

a designated segment of the public, free of charge, is not a sale  1,381        

to the members of the public to whom the printed matter is         1,382        

distributed or to any persons who purchase space in the printed                 

matter for advertising or other purposes.                          1,383        

      (5)  A person who makes sales of any of the services listed  1,385        

in division (B)(3) of this section is the consumer of any          1,386        

tangible personal property used in performing the service.  The    1,387        

                                                          33     


                                                                 
purchase of that property is not subject to the resale exception   1,388        

under division (E)(1) of this section.                             1,389        

      (E)  "Retail sale" and "sales at retail" include all sales   1,391        

except those in which the purpose of the consumer is:              1,392        

      (1)  To resell the thing transferred or benefit of the       1,394        

service provided, by a person engaging in business, in the form    1,395        

in which the same is, or is to be, received by the person;         1,396        

      (2)  To incorporate the thing transferred as a material or   1,398        

a part, into tangible personal property to be produced for sale    1,399        

by manufacturing, assembling, processing, or refining, or to use   1,400        

or consume the thing transferred directly in producing a product   1,401        

for sale by mining, including without limitation the extraction    1,403        

from the earth of all substances which are classed geologically    1,404        

as minerals, production of crude oil and natural gas, farming,     1,405        

agriculture, horticulture, or floriculture, and persons engaged    1,406        

in rendering farming, agricultural, horticultural, or              1,407        

floricultural services, and services in the exploration for, and   1,408        

production of, crude oil and natural gas, for others are deemed    1,409        

engaged directly in farming, agriculture, horticulture, and        1,410        

floriculture, or exploration for, and production of, crude oil     1,411        

and natural gas; directly in the rendition of a public utility     1,412        

service, except that the sales tax levied by section 5739.02 of    1,413        

the Revised Code shall be collected upon all meals, drinks, and    1,414        

food for human consumption sold upon Pullman and railroad          1,415        

coaches.  This paragraph does not exempt or except from "retail    1,416        

sale" or "sales at retail" the sale of tangible personal property  1,417        

that is to be incorporated into a structure or improvement to      1,418        

real property.                                                                  

      (3)  To hold the thing transferred as security for the       1,420        

performance of an obligation of the vendor;                        1,421        

      (4)  To use or consume the thing transferred in the process  1,423        

of reclamation as required by Chapters 1513. and 1514. of the      1,424        

Revised Code;                                                      1,425        

      (5)  To resell, hold, use, or consume the thing transferred  1,427        

                                                          34     


                                                                 
as evidence of a contract of insurance;                            1,428        

      (6)  To use or consume the thing directly in commercial      1,430        

fishing;                                                           1,431        

      (7)  To incorporate the thing transferred as a material or   1,433        

a part into, or to use or consume the thing transferred directly   1,434        

in the production of, magazines distributed as controlled          1,435        

circulation publications;                                          1,436        

      (8)  To use or consume the thing transferred in the          1,438        

production and preparation in suitable condition for market and    1,439        

sale of printed, imprinted, overprinted, lithographic,             1,440        

multilithic, blueprinted, photostatic, or other productions or     1,441        

reproductions of written or graphic matter;                        1,442        

      (9)  To use the thing transferred, as described in section   1,444        

5739.011 of the Revised Code, primarily in a manufacturing         1,445        

operation to produce tangible personal property for sale;          1,446        

      (10)  To use the benefit of a warranty, maintenance or       1,448        

service contract, or similar agreement, as defined in division     1,449        

(B)(7) of this section, to repair or maintain tangible personal    1,450        

property, if all of the property that is the subject of the        1,451        

warranty, contract, or agreement would be exempt on its purchase   1,452        

from the tax imposed by section 5739.02 of the Revised Code;       1,453        

      (11)  To use the thing transferred as qualified research     1,455        

and development equipment;                                         1,456        

      (12)  To use or consume the thing transferred primarily in   1,458        

storing, transporting, mailing, or otherwise handling purchased    1,459        

sales inventory in a warehouse, distribution center, or similar    1,460        

facility when the inventory is primarily distributed outside this  1,461        

state to retail stores of the person who owns or controls the      1,462        

warehouse, distribution center, or similar facility, to retail     1,463        

stores of an affiliated group of which that person is a member,    1,464        

or by means of direct marketing.  Division (E)(12) of this         1,465        

section does not apply to motor vehicles registered for operation  1,466        

on the public highways.  As used in division (E)(12) of this       1,467        

section, "affiliated group" has the same meaning as in division    1,468        

                                                          35     


                                                                 
(B)(3)(e) of this section and "direct marketing" has the same      1,469        

meaning as in division (B)(37) of section 5739.02 of the Revised   1,470        

Code.                                                              1,471        

      (13)  To use or consume the thing transferred to fulfill a   1,473        

contractual obligation incurred by a warrantor pursuant to a       1,474        

warranty provided as a part of the price of the tangible personal  1,475        

property sold or by a vendor of a warranty, maintenance or         1,476        

service contract, or similar agreement the provision of which is   1,477        

defined as a sale under division (B)(7) of this section;           1,478        

      (14)  To use or consume the thing transferred in the         1,480        

production of a newspaper for distribution to the public;          1,481        

      (15)  To use tangible personal property to perform a         1,483        

service listed in division (B)(3) of this section, if the          1,484        

property is or is to be permanently transferred to the consumer    1,485        

of the service as an integral part of the performance of the       1,486        

service.                                                                        

      As used in division (E) of this section, "thing" includes    1,488        

all transactions included in divisions (B)(3)(a), (b), and (e) of  1,490        

this section.                                                                   

      Sales conducted through a coin-operated device that          1,492        

activates vacuum equipment or equipment that dispenses water,      1,493        

whether or not in combination with soap or other cleaning agents   1,494        

or wax, to the consumer for the consumer's use on the premises in  1,496        

washing, cleaning, or waxing a motor vehicle, provided no other                 

personal property or personal service is provided as part of the   1,497        

transaction, are not retail sales or sales at retail.              1,498        

      (F)  "Business" includes any activity engaged in by any      1,500        

person with the object of gain, benefit, or advantage, either      1,501        

direct or indirect.  "Business" does not include the activity of   1,502        

a person in managing and investing the person's own funds.         1,503        

      (G)  "Engaging in business" means commencing, conducting,    1,505        

or continuing in business, and liquidating a business when the     1,506        

liquidator thereof holds self out to the public as conducting      1,508        

such business.  Making a casual sale is not engaging in business.               

                                                          36     


                                                                 
      (H)(1)  "Price," except as provided in divisions (H)(2) and  1,510        

(3) of this section, means the aggregate value in money of         1,511        

anything paid or delivered, or promised to be paid or delivered,   1,512        

in the complete performance of a retail sale, without any          1,513        

deduction on account of the cost of the property sold, cost of     1,514        

materials used, labor or service cost, interest, discount paid or  1,515        

allowed after the sale is consummated, or any other expense.  If   1,516        

the retail sale consists of the rental or lease of tangible        1,517        

personal property, "price" means the aggregate value in money of   1,518        

anything paid or delivered, or promised to be paid or delivered,   1,519        

in the complete performance of the rental or lease, without any    1,520        

deduction for tax, interest, labor or service charge, damage       1,521        

liability waiver, termination or damage charge, discount paid or   1,522        

allowed after the lease is consummated, or any other expense. The  1,524        

sales tax shall be calculated and collected by the lessor on each  1,525        

payment made by the lessee.  Price does not include the                         

consideration received as a deposit refundable to the consumer     1,526        

upon return of a beverage container, the consideration received    1,527        

as a deposit on a carton or case that is used for such returnable  1,528        

containers, or the consideration received as a refundable          1,529        

security deposit for the use of tangible personal property to the  1,530        

extent that it actually is refunded, if the consideration for      1,531        

such refundable deposit is separately stated from the              1,532        

consideration received or to be received for the tangible          1,533        

personal property transferred in the retail sale.  Such            1,534        

separation must appear in the sales agreement or on the initial    1,535        

invoice or initial billing rendered by the vendor to the           1,536        

consumer.  Price is the amount received inclusive of the tax,      1,537        

provided the vendor establishes to the satisfaction of the tax     1,538        

commissioner that the tax was added to the price.  When the price  1,539        

includes both a charge for tangible personal property and a        1,540        

charge for providing a service and the sale of the property and    1,541        

the charge for the service are separately taxable, or have a       1,542        

separately determinable tax status, the price shall be separately  1,543        

                                                          37     


                                                                 
stated for each such charge so the tax can be correctly computed   1,544        

and charged.                                                       1,545        

      The tax collected by the vendor from the consumer under      1,547        

this chapter is not part of the price, but is a tax collection     1,548        

for the benefit of the state and of counties levying an            1,549        

additional sales tax pursuant to section 5739.021 or 5739.026 of   1,550        

the Revised Code and of transit authorities levying an additional  1,551        

sales tax pursuant to section 5739.023 of the Revised Code.        1,552        

Except for the discount authorized in section 5739.12 of the       1,553        

Revised Code, no person other than the state or such a county or   1,554        

transit authority shall derive any benefit from the collection or  1,555        

payment of such tax.                                               1,556        

      (2)  In the case of a sale of any new motor vehicle by a     1,558        

new motor vehicle dealer, as defined in section 4517.01 of the     1,559        

Revised Code, in which another motor vehicle is accepted by the    1,560        

dealer as part of the consideration received, "price" has the      1,561        

same meaning as in division (H)(1) of this section, reduced by     1,562        

the credit afforded the consumer by the dealer for the motor       1,563        

vehicle received in trade.                                         1,564        

      (3)  In the case of a sale of any watercraft or outboard     1,566        

motor by a watercraft dealer licensed in accordance with section   1,567        

1547.543 of the Revised Code, in which another watercraft,         1,568        

watercraft and trailer, or outboard motor is accepted by the       1,569        

dealer as part of the consideration received, "price" has the      1,570        

same meaning as in division (H)(1) of this section, reduced by     1,571        

the credit afforded the consumer by the dealer for the             1,572        

watercraft, watercraft and trailer, or outboard motor received in  1,573        

trade.  As used in division (H)(3) of this section, "watercraft"   1,574        

includes an outdrive unit attached to the watercraft.              1,575        

      (I)  "Receipts" means the total amount of the prices of the  1,577        

sales of vendors, provided that cash discounts allowed and taken   1,578        

on sales at the time they are consummated are not included, minus  1,579        

any amount deducted as a bad debt pursuant to section 5739.121 of  1,580        

the Revised Code.  "Receipts" does not include the sale price of   1,581        

                                                          38     


                                                                 
property returned or services rejected by consumers when the full  1,582        

sale price and tax are refunded either in cash or by credit.       1,583        

      (J)  "Place of business" means any location at which a       1,585        

person engages in business.                                        1,586        

      (K)  "Premises" includes any real property or portion        1,588        

thereof upon which any person engages in selling tangible          1,589        

personal property at retail or making retail sales and also        1,590        

includes any real property or portion thereof designated for, or   1,591        

devoted to, use in conjunction with the business engaged in by     1,592        

such person.                                                       1,593        

      (L)  "Casual sale" means a sale of an item of tangible       1,595        

personal property which was obtained by the person making the      1,596        

sale, through purchase or otherwise, for the person's own use in   1,597        

this state and which was previously subject to the state's taxing  1,598        

jurisdiction on its sale or use, and includes such items acquired  1,599        

for the seller's use which are sold by an auctioneer employed      1,600        

directly by the person for such purpose, provided the location of  1,601        

such sales is not the auctioneer's permanent place of business.    1,602        

As used in this division, "permanent place of business" includes   1,603        

any location where such auctioneer has conducted more than two     1,604        

auctions during the year.                                          1,605        

      (M)  "Hotel" means every establishment kept, used,           1,607        

maintained, advertised or held out to the public to be a place     1,608        

where sleeping accommodations are offered to guests, in which      1,609        

five or more rooms are used for the accommodation of such guests,  1,610        

whether such rooms are in one or several structures.               1,611        

      (N)  "Transient guests" means persons occupying a room or    1,613        

rooms for sleeping accommodations for less than thirty             1,614        

consecutive days.                                                  1,615        

      (O)  "Making retail sales" means the effecting of            1,617        

transactions wherein one party is obligated to pay the price and   1,618        

the other party is obligated to provide a service or to transfer   1,619        

title to or possession of the item sold.  "Making retail sales"    1,620        

does not include the preliminary acts of promoting or soliciting   1,621        

                                                          39     


                                                                 
the retail sales, other than the distribution of printed matter    1,622        

which displays or describes and prices the item offered for sale,  1,623        

nor does it include delivery of a predetermined quantity of        1,624        

tangible personal property or transportation of property or        1,625        

personnel to or from a place where a service is performed,         1,626        

regardless of whether the vendor is a delivery vendor.             1,627        

      (P)  "Used directly in the rendition of a public utility     1,629        

service" means that property which is to be incorporated into and  1,630        

will become a part of the consumer's production, transmission,     1,631        

transportation, or distribution system and which retains its       1,632        

classification as tangible personal property after such            1,633        

incorporation; fuel or power used in the production,               1,634        

transmission, transportation, or distribution system; and          1,635        

tangible personal property used in the repair and maintenance of   1,636        

the production, transmission, transportation or distribution       1,637        

system, including only such motor vehicles as are specially        1,638        

designed and equipped for such use.  Tangible personal property    1,639        

and services used primarily in providing highway transportation    1,640        

for hire are not used in providing a public utility service as     1,641        

defined in this division.                                          1,642        

      (Q)  "Refining" means removing or separating a desirable     1,644        

product from raw or contaminated materials by distillation or      1,645        

physical, mechanical, or chemical processes.                       1,646        

      (R)  "Assembly" and "assembling" mean attaching or fitting   1,648        

together parts to form a product, but do not include packaging a   1,649        

product.                                                           1,650        

      (S)  "Manufacturing operation" means a process in which      1,652        

materials are changed, converted, or transformed into a different  1,653        

state or form from which they previously existed and includes      1,654        

refining materials, assembling parts, and preparing raw materials  1,655        

and parts by mixing, measuring, blending, or otherwise committing  1,656        

such materials or parts to the manufacturing process.              1,657        

"Manufacturing operation" does not include packaging.              1,658        

      (T)  "Fiscal officer" means, with respect to a regional      1,660        

                                                          40     


                                                                 
transit authority, the secretary-treasurer thereof, and with       1,661        

respect to a county which is a transit authority, the fiscal       1,662        

officer of the county transit board if one is appointed pursuant   1,663        

to section 306.03 of the Revised Code or the county auditor if     1,664        

the board of county commissioners operates the county transit      1,665        

system.                                                                         

      (U)  "Transit authority" means a regional transit authority  1,667        

created pursuant to section 306.31 of the Revised Code or a        1,668        

county in which a county transit system is created pursuant to     1,669        

section 306.01 of the Revised Code.  For the purposes of this      1,670        

chapter, a transit authority must extend to at least the entire    1,671        

area of a single county.  A transit authority which includes       1,672        

territory in more than one county must include all the area of     1,673        

the most populous county which is a part of such transit           1,674        

authority.  County population shall be measured by the most        1,675        

recent census taken by the United States census bureau.            1,676        

      (V)  "Legislative authority" means, with respect to a        1,678        

regional transit authority, the board of trustees thereof, and     1,679        

with respect to a county which is a transit authority, the board   1,680        

of county commissioners.                                           1,681        

      (W)  "Territory of the transit authority" means all of the   1,683        

area included within the territorial boundaries of a transit       1,684        

authority as they from time to time exist.  Such territorial       1,685        

boundaries must at all times include all the area of a single      1,686        

county or all the area of the most populous county which is a      1,687        

part of such transit authority.  County population shall be        1,688        

measured by the most recent census taken by the United States      1,689        

census bureau.                                                     1,690        

      (X)  "Providing a service" means providing or furnishing     1,692        

anything described in division (B)(3) of this section for          1,693        

consideration.                                                     1,694        

      (Y)(1)(a)  "Automatic data processing" means processing of   1,696        

others' data, including keypunching or similar data entry          1,697        

services together with verification thereof, or providing access   1,698        

                                                          41     


                                                                 
to computer equipment for the purpose of processing data.          1,699        

      (b)  "Computer services" means providing services            1,701        

consisting of specifying computer hardware configurations and      1,702        

evaluating technical processing characteristics, computer          1,703        

programming, and training of computer programmers and operators,   1,704        

provided in conjunction with and to support the sale, lease, or    1,705        

operation of taxable computer equipment or systems.                1,706        

      (c)  "Electronic information services" means providing       1,708        

access to computer equipment by means of telecommunications        1,709        

equipment for the purpose of either of the following:              1,710        

      (i)  Examining or acquiring data stored in or accessible to  1,712        

the computer equipment;                                            1,713        

      (ii)  Placing data into the computer equipment to be         1,715        

retrieved by designated recipients with access to the computer     1,716        

equipment.                                                         1,717        

      (d)  "Automatic data processing, computer services, or       1,719        

electronic information services" shall not include personal or     1,720        

professional services.                                             1,721        

      (2)  As used in divisions (B)(3)(e) and (Y)(1) of this       1,723        

section, "personal and professional services" means all services   1,724        

other than automatic data processing, computer services, or        1,725        

electronic information services, including but not limited to:     1,726        

      (a)  Accounting and legal services such as advice on tax     1,728        

matters, asset management, budgetary matters, quality control,     1,729        

information security, and auditing and any other situation where   1,730        

the service provider receives data or information and studies,     1,731        

alters, analyzes, interprets, or adjusts such material;            1,732        

      (b)  Analyzing business policies and procedures;             1,734        

      (c)  Identifying management information needs;               1,736        

      (d)  Feasibility studies including economic and technical    1,738        

analysis of existing or potential computer hardware or software    1,739        

needs and alternatives;                                            1,740        

      (e)  Designing policies, procedures, and custom software     1,742        

for collecting business information, and determining how data      1,743        

                                                          42     


                                                                 
should be summarized, sequenced, formatted, processed, controlled  1,744        

and reported so that it will be meaningful to management;          1,745        

      (f)  Developing policies and procedures that document how    1,747        

business events and transactions are to be authorized, executed,   1,748        

and controlled;                                                    1,749        

      (g)  Testing of business procedures;                         1,751        

      (h)  Training personnel in business procedure applications;  1,753        

      (i)  Providing credit information to users of such           1,755        

information by a consumer reporting agency, as defined in the      1,756        

"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15        1,757        

U.S.C. 1681a(f), or as hereafter amended, including but not        1,758        

limited to gathering, organizing, analyzing, recording, and        1,759        

furnishing such information by any oral, written, graphic, or      1,760        

electronic medium;                                                 1,761        

      (j)  Providing debt collection services by any oral,         1,763        

written, graphic, or electronic means.                             1,764        

      The services listed in divisions (Y)(2)(a) to (j) of this    1,766        

section are not automatic data processing or computer services.    1,767        

      (Z)  "Highway transportation for hire" means the             1,769        

transportation of personal property belonging to others for        1,770        

consideration by any of the following:                             1,771        

      (1)  The holder of a permit or certificate issued by this    1,773        

state or the United States authorizing the holder to engage in     1,774        

transportation of personal property belonging to others for        1,775        

consideration over or on highways, roadways, streets, or any       1,776        

similar public thoroughfare;                                       1,777        

      (2)  A person who engages in the transportation of personal  1,779        

property belonging to others for consideration over or on          1,780        

highways, roadways, streets, or any similar public thoroughfare    1,781        

but who could not have engaged in such transportation on December  1,782        

11, 1985, unless the person was the holder of a permit or          1,783        

certificate of the types described in division (Z)(1) of this      1,784        

section;                                                                        

      (3)  A person who leases a motor vehicle to and operates it  1,786        

                                                          43     


                                                                 
for a person described by division (Z)(1) or (2) of this section.  1,787        

      (AA)  "Telecommunications service" means the transmission    1,789        

of any interactive, two-way electromagnetic communications,        1,790        

including voice, image, data, and information, through the use of  1,791        

any medium such as wires, cables, microwaves, cellular radio,      1,792        

radio waves, light waves, or any combination of those or similar   1,793        

media.  "Telecommunications service" includes message toll         1,794        

service even though the vendor provides the message toll service   1,795        

by means of wide area transmission type service or private         1,796        

communications service purchased from another telecommunications   1,797        

service provider, but does not include any of the following:       1,798        

      (1)  Sales of incoming or outgoing wide area transmission    1,800        

service or wide area transmission type service, including eight    1,801        

hundred or eight-hundred-type service, to the person contracting   1,802        

for the receipt of that service;                                   1,803        

      (2)  Sales of private communications service to the person   1,805        

contracting for the receipt of that service that entitles the      1,806        

purchaser to exclusive or priority use of a communications         1,807        

channel or group of channels between exchanges;                    1,808        

      (3)  Sales of telecommunications service by companies        1,810        

subject to the excise tax imposed by Chapter 5727. of the Revised  1,811        

Code;                                                              1,812        

      (4)  Sales of telecommunications service to a provider of    1,814        

telecommunications service, including access services, for use in  1,815        

providing telecommunications service;                              1,816        

      (5)  Value added nonvoice services in which computer         1,818        

processing applications are used to act on the form, content,      1,819        

code, or protocol of the information to be transmitted;            1,820        

      (6)  Transmission of interactive video programming by a      1,822        

cable television system as defined in section 505.90 of the        1,823        

Revised Code, INCLUDING SUCH TRANSMISSION BY A CABLE OPERATOR OR   1,824        

A GOVERNMENTAL CABLE OPERATOR AS THOSE TERMS ARE DEFINED IN        1,825        

SECTION 1771.01 OF THE REVISED CODE.                               1,826        

      (BB)  "Industrial laundry cleaning services" means removing  1,828        

                                                          44     


                                                                 
soil or dirt from or supplying towels, linens, or articles of      1,829        

clothing that belong to others and are used in a trade or          1,830        

business.                                                          1,831        

      (CC)  "Magazines distributed as controlled circulation       1,833        

publications" means magazines containing at least twenty-four      1,834        

pages, at least twenty-five per cent editorial content, issued at  1,835        

regular intervals four or more times a year, and circulated        1,836        

without charge to the recipient, provided that such magazines are  1,837        

not owned or controlled by individuals or business concerns which  1,838        

conduct such publications as an auxiliary to, and essentially for  1,839        

the advancement of the main business or calling of, those who own  1,840        

or control them.                                                   1,841        

      (DD)  "Landscaping and lawn care service" means the          1,843        

services of planting, seeding, sodding, removing, cutting,         1,844        

trimming, pruning, mulching, aerating, applying chemicals,         1,845        

watering, fertilizing, and providing similar services to           1,846        

establish, promote, or control the growth of trees, shrubs,        1,847        

flowers, grass, ground cover, and other flora, or otherwise        1,848        

maintaining a lawn or landscape grown or maintained by the owner   1,849        

for ornamentation or other nonagricultural purpose.  However,      1,850        

"landscaping and lawn care service" does not include the           1,851        

providing of such services by a person who has less than five      1,852        

thousand dollars in sales of such services during the calendar     1,853        

year.                                                              1,854        

      (EE)  "Private investigation and security service" means     1,856        

the performance of any activity for which the provider of such     1,857        

service is required to be licensed pursuant to Chapter 4749. of    1,858        

the Revised Code, or would be required to be so licensed in        1,859        

performing such services in this state, and also includes the      1,860        

services of conducting polygraph examinations and of monitoring    1,861        

or overseeing the activities on or in, or the condition of, the    1,862        

consumer's home, business, or other facility by means of           1,863        

electronic or similar monitoring devices.  "Private investigation  1,864        

and security service" does not include special duty services       1,865        

                                                          45     


                                                                 
provided by off-duty police officers, deputy sheriffs, and other   1,866        

peace officers regularly employed by the state or a political      1,867        

subdivision.                                                       1,868        

      (FF)  "Information services" means providing conversation,   1,870        

giving consultation or advice, playing or making a voice or other  1,871        

recording, making or keeping a record of the number of callers,    1,872        

and any other service provided to a consumer by means of a nine    1,873        

hundred telephone call, except when the nine hundred telephone     1,874        

call is the means by which the consumer makes a contribution to a  1,875        

recognized charity.                                                1,876        

      (GG)  "Research and development" means designing, creating,  1,878        

or formulating new or enhanced products, equipment, or             1,879        

manufacturing processes, and conducting scientific or              1,880        

technological inquiry and experimentation in the physical          1,881        

sciences with the goal of increasing scientific knowledge which    1,882        

may reveal the bases for new or enhanced products, equipment, or   1,883        

manufacturing processes.                                           1,884        

      (HH)  "Qualified research and development equipment" means   1,886        

capitalized tangible personal property, and leased personal        1,887        

property that would be capitalized if purchased, used by a person  1,888        

primarily to perform research and development.  Tangible personal  1,889        

property primarily used in testing, as defined in division (A)(4)  1,890        

of section 5739.011 of the Revised Code, or used for recording or  1,891        

storing test results, is not qualified research and development    1,892        

equipment unless such property is primarily used by the consumer   1,893        

in testing the product, equipment, or manufacturing process being  1,894        

created, designed, or formulated by the consumer in the research   1,895        

and development activity or in recording or storing such test      1,896        

results.                                                           1,897        

      (II)  "Building maintenance and janitorial service" means    1,899        

cleaning the interior or exterior of a building and any tangible   1,900        

personal property located therein or thereon, including any        1,901        

services incidental to such cleaning for which no separate charge  1,902        

is made.  However, "building maintenance and janitorial service"   1,903        

                                                          46     


                                                                 
does not include the providing of such service by a person who     1,904        

has less than five thousand dollars in sales of such service       1,905        

during the calendar year.                                          1,906        

      (JJ)  "Employment service" means providing or supplying      1,908        

personnel, on a temporary or long-term basis, to perform work or   1,909        

labor under the supervision or control of another, when the        1,910        

personnel so supplied receive their wages, salary, or other        1,911        

compensation from the provider of the service.  "Employment        1,912        

service" does not include:                                         1,913        

      (1)  Acting as a contractor or subcontractor, where the      1,915        

personnel performing the work are not under the direct control of  1,916        

the purchaser.;                                                    1,917        

      (2)  Medical and health care services.;                      1,919        

      (3)  Supplying personnel to a purchaser pursuant to a        1,921        

contract of at least one year between the service provider and     1,922        

the purchaser that specifies that each employee covered under the  1,923        

contract is assigned to the purchaser on a permanent basis.;       1,924        

      (4)  Transactions between members of an affiliated group,    1,926        

as defined in division (B)(3)(e) of this section.                  1,927        

      (KK)  "Employment placement service" means locating or       1,929        

finding employment for a person or finding or locating an          1,930        

employee to fill an available position.                            1,931        

      (LL)  "Exterminating service" means eradicating or           1,933        

attempting to eradicate vermin infestations from a building or     1,934        

structure, or the area surrounding a building or structure, and    1,935        

includes activities to inspect, detect, or prevent vermin          1,936        

infestation of a building or structure.                            1,937        

      (MM)  "Physical fitness facility service" means all          1,939        

transactions by which a membership is granted, maintained, or      1,940        

renewed, including initiation fees, membership dues, renewal       1,941        

fees, monthly minimum fees, and other similar fees and dues, by a  1,942        

physical fitness facility such as an athletic club, health spa,    1,943        

or gymnasium, which entitles the member to use the facility for    1,944        

physical exercise.                                                 1,945        

                                                          47     


                                                                 
      (NN)  "Recreation and sports club service" means all         1,947        

transactions by which a membership is granted, maintained, or      1,948        

renewed, including initiation fees, membership dues, renewal       1,949        

fees, monthly minimum fees, and other similar fees and dues, by a  1,950        

recreation and sports club, which entitles the member to use the   1,951        

facilities of the organization.  "Recreation and sports club"      1,952        

means an organization that has ownership of, or controls or        1,953        

leases on a continuing, long-term basis, the facilities used by    1,954        

its members and includes an aviation club, gun or shooting club,   1,955        

yacht club, card club, swimming club, tennis club, golf club,      1,956        

country club, riding club, amateur sports club, or similar         1,957        

organization.                                                      1,958        

      (OO)  "Livestock" means farm animals commonly raised for     1,960        

food or food production, and includes, but is not limited to,      1,961        

cattle, sheep, goats, swine, and poultry.  "Livestock" does not    1,962        

include invertebrates, fish, amphibians, reptiles, horses,         1,963        

domestic pets, animals for use in laboratories or for exhibition,  1,964        

or other animals not commonly raised for food or food production.  1,965        

      (PP)  "Livestock structure" means a building or structure    1,967        

used exclusively for the housing, raising, feeding, or sheltering  1,968        

of livestock, and includes feed storage or handling structures     1,969        

and structures for livestock waste handling.                       1,970        

      (QQ)  "Horticulture" means the growing, cultivation, and     1,972        

production of flowers, fruits, herbs, vegetables, sod, mushrooms,  1,973        

and nursery stock.  As used in this division, "nursery stock" has  1,974        

the same meaning as in section 927.51 of the Revised Code.         1,975        

      (RR)  "Horticulture structure" means a building or           1,977        

structure used exclusively for the commercial growing, raising,    1,978        

or overwintering of horticultural products, and includes the area  1,979        

used for stocking, storing, and packing horticultural products     1,980        

when done in conjunction with the production of those products.    1,981        

      (SS)  "Newspaper" means an unbound publication bearing a     1,983        

title or name that is regularly published, at least as frequently  1,984        

as biweekly, and distributed from a fixed place of business to     1,985        

                                                          48     


                                                                 
the public in a specific geographic area, and that contains a      1,986        

substantial amount of news matter of international, national, or   1,987        

local events of interest to the general public.                                 

      (TT)  "Professional racing team" means a person that         1,990        

employs at least twenty full-time employees for the purpose of     1,991        

conducting a motor vehicle racing business for profit.  The        1,992        

person must conduct the business with the purpose of racing one    1,993        

or more motor racing vehicles in at least ten competitive          1,994        

professional racing events each year that comprise all or part of  1,995        

a motor racing series sanctioned by one or more motor racing       1,996        

sanctioning organizations.  A "motor racing vehicle" means a       1,997        

vehicle for which the chassis, engine, and parts are designed      1,998        

exclusively for motor racing, and does not include a stock or      2,000        

production model vehicle that may be modified for use in racing.   2,001        

For the purposes of this division:                                              

      (1)  A "competitive professional racing event" is a motor    2,003        

vehicle racing event sanctioned by one or more motor racing        2,004        

sanctioning organizations, at which aggregate cash prizes in       2,005        

excess of eight hundred thousand dollars are awarded to the        2,007        

competitors.                                                                    

      (2)  "Full-time employee" means an individual who is         2,009        

employed for consideration for thirty-five or more hours a week,   2,010        

or who renders any other standard of service generally accepted    2,011        

by custom or specified by contract as full-time employment.        2,013        

      Sec. 5739.02.  For the purpose of providing revenue with     2,022        

which to meet the needs of the state, for the use of the general   2,023        

revenue fund of the state, for the purpose of securing a thorough  2,024        

and efficient system of common schools throughout the state, for   2,025        

the purpose of affording revenues, in addition to those from       2,026        

general property taxes, permitted under constitutional             2,027        

limitations, and from other sources, for the support of local      2,028        

governmental functions, and for the purpose of reimbursing the     2,029        

state for the expense of administering this chapter, an excise     2,030        

tax is hereby levied on each retail sale made in this state.       2,031        

                                                          49     


                                                                 
      (A)  The tax shall be collected pursuant to the schedules    2,033        

in section 5739.025 of the Revised Code.                           2,034        

      The tax applies and is collectible when the sale is made,    2,036        

regardless of the time when the price is paid or delivered.        2,037        

      In the case of a sale, the price of which consists in whole  2,039        

or in part of rentals for the use of the thing transferred, the    2,040        

tax, as regards such rentals, shall be measured by the             2,041        

installments thereof.                                              2,042        

      In the case of a sale of a service defined under division    2,044        

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  2,045        

which consists in whole or in part of a membership for the         2,046        

receipt of the benefit of the service, the tax applicable to the   2,047        

sale shall be measured by the installments thereof.                2,048        

      (B)  The tax does not apply to the following:                2,050        

      (1)  Sales to the state or any of its political              2,052        

subdivisions, or to any other state or its political subdivisions  2,053        

if the laws of that state exempt from taxation sales made to this  2,054        

state and its political subdivisions;.  NOTHING IN DIVISION        2,056        

(B)(1) OF THIS SECTION EXEMPTS SALES TO A GOVERNMENTAL CABLE                    

OPERATOR AS DEFINED IN SECTION 1771.01 OF THE REVISED CODE.        2,057        

      (2)  Sales of food for human consumption off the premises    2,059        

where sold;                                                        2,060        

      (3)  Sales of food sold to students only in a cafeteria,     2,062        

dormitory, fraternity, or sorority maintained in a private,        2,063        

public, or parochial school, college, or university;               2,064        

      (4)  Sales of newspapers, and of magazine subscriptions      2,066        

shipped by second class mail, and sales or transfers of magazines  2,067        

distributed as controlled circulation publications;                2,068        

      (5)  The furnishing, preparing, or serving of meals without  2,070        

charge by an employer to an employee provided the employer         2,071        

records the meals as part compensation for services performed or   2,072        

work done;                                                         2,073        

      (6)  Sales of motor fuel upon receipt, use, distribution,    2,076        

or sale of which in this state a tax is imposed by the law of      2,077        

                                                          50     


                                                                 
this state, but this exemption shall not apply to the sale of      2,078        

motor fuel on which a refund of the tax is allowable under         2,079        

section 5735.14 of the Revised Code; and the tax commissioner may  2,080        

deduct the amount of tax levied by this section applicable to the  2,081        

price of motor fuel when granting a refund of motor fuel tax       2,082        

pursuant to section 5735.14 of the Revised Code and shall cause    2,083        

the amount deducted to be paid into the general revenue fund of    2,084        

this state;                                                                     

      (7)  Sales of natural gas by a natural gas company, of       2,086        

electricity by an electric company, of water by a water-works      2,087        

company, or of steam by a heating company, if in each case the     2,088        

thing sold is delivered to consumers through wires, pipes, or      2,089        

conduits, and all sales of communications services by a telephone  2,090        

or telegraph company, all terms as defined in section 5727.01 of   2,091        

the Revised Code;                                                  2,092        

      (8)  Casual sales by a person, or auctioneer employed        2,094        

directly by the person to conduct such sales, except as to such    2,096        

sales of motor vehicles, watercraft or outboard motors required    2,097        

to be titled under section 1548.06 of the Revised Code,            2,098        

watercraft documented with the United States coast guard,          2,099        

snowmobiles, all-purpose vehicles as defined in section 4519.01    2,100        

of the Revised Code, and manufactured homes;                       2,101        

      (9)  Sales of services or tangible personal property, other  2,103        

than motor vehicles and manufactured homes, by churches or by      2,104        

nonprofit organizations operated exclusively for charitable        2,105        

purposes as defined in division (B)(12) of this section, provided  2,106        

that the number of days on which such tangible personal property   2,107        

or services, other than items never subject to the tax, are sold   2,108        

does not exceed six in any calendar year.  If the number of days   2,109        

on which such sales are made exceeds six in any calendar year,     2,110        

the church or organization shall be considered to be engaged in    2,111        

business and all subsequent sales by it shall be subject to the    2,112        

tax.  In counting the number of days, all sales by groups within   2,113        

a church or within an organization shall be considered to be       2,114        

                                                          51     


                                                                 
sales of that church or organization, except that sales made by    2,115        

separate student clubs and other groups of students of a primary   2,116        

or secondary school, and sales made by a parent-teacher            2,117        

association, booster group, or similar organization that raises    2,118        

money to support or fund curricular or extracurricular activities  2,119        

of a primary or secondary school, shall not be considered to be    2,120        

sales of such school, and sales by each such club, group,          2,121        

association, or organization shall be counted separately for       2,122        

purposes of the six-day limitation.  This division does not apply  2,123        

to sales by a noncommercial educational radio or television        2,124        

broadcasting station.                                              2,125        

      NOTHING IN DIVISION (B)(9) OF THIS SECTION SHALL BE DEEMED   2,127        

TO EXEMPT SALES BY A GOVERNMENTAL CABLE OPERATOR AS DEFINED IN     2,128        

SECTION 1771.01 OF THE REVISED CODE.                               2,129        

      (10)  Sales not within the taxing power of this state under  2,131        

the Constitution of the United States;                             2,132        

      (11)  The transportation of persons or property, unless the  2,134        

transportation is by a private investigation and security          2,135        

service;                                                           2,136        

      (12)  Sales of tangible personal property or services to     2,138        

churches, to organizations exempt from taxation under section      2,139        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   2,140        

nonprofit organizations operated exclusively for charitable        2,141        

purposes in this state, no part of the net income of which inures  2,142        

to the benefit of any private shareholder or individual, and no    2,143        

substantial part of the activities of which consists of carrying   2,144        

on propaganda or otherwise attempting to influence legislation;    2,145        

sales to offices administering one or more homes for the aged or   2,146        

one or more hospital facilities exempt under section 140.08 of     2,147        

the Revised Code; and sales to organizations described in          2,148        

division (D) of section 5709.12 of the Revised Code.               2,149        

      "Charitable purposes" means the relief of poverty; the       2,151        

improvement of health through the alleviation of illness,          2,152        

disease, or injury; the operation of an organization exclusively   2,154        

                                                          52     


                                                                 
for the provision of professional, laundry, printing, and          2,155        

purchasing services to hospitals or charitable institutions; the   2,157        

operation of a home for the aged, as defined in section 5701.13    2,158        

of the Revised Code; the operation of a radio or television        2,159        

broadcasting station that is licensed by the federal               2,160        

communications commission as a noncommercial educational radio or  2,161        

television station; the operation of a nonprofit animal adoption   2,163        

service or a county humane society; the promotion of education by  2,164        

an institution of learning that maintains a faculty of qualified   2,165        

instructors, teaches regular continuous courses of study, and                   

confers a recognized diploma upon completion of a specific         2,166        

curriculum; the operation of a parent teacher association,         2,167        

booster group, or similar organization primarily engaged in the    2,168        

promotion and support of the curricular or extracurricular         2,169        

activities of a primary or secondary school; the operation of a    2,170        

community or area center in which presentations in music,          2,171        

dramatics, the arts, and related fields are made in order to       2,172        

foster public interest and education therein; the production of    2,173        

performances in music, dramatics, and the arts; or the promotion   2,175        

of education by an organization engaged in carrying on research                 

in, or the dissemination of, scientific and technological          2,176        

knowledge and information primarily for the public.                2,177        

      Nothing in this division shall be deemed to exempt sales to  2,179        

any organization for use in the operation or carrying on of a      2,180        

trade or business, or sales to a home for the aged for use in the  2,181        

operation of independent living facilities as defined in division  2,182        

(A) of section 5709.12 of the Revised Code.                        2,183        

      NOTHING IN DIVISION (B)(12) OF THIS SECTION SHALL BE DEEMED  2,185        

TO EXEMPT SALES BY A GOVERNMENTAL CABLE OPERATOR AS DEFINED IN     2,186        

SECTION 1771.01 OF THE REVISED CODE.                               2,187        

      (13)  Building and construction materials and services sold  2,189        

to construction contractors for incorporation into a structure or  2,190        

improvement to real property under a construction contract with    2,191        

this state or a political subdivision thereof, or with the United  2,192        

                                                          53     


                                                                 
States government or any of its agencies; building and             2,193        

construction materials and services sold to construction           2,194        

contractors for incorporation into a structure or improvement to   2,195        

real property that are accepted for ownership by this state or     2,197        

any of its political subdivisions, or by the United States         2,198        

government or any of its agencies at the time of completion of     2,199        

such structures or improvements; building and construction         2,200        

materials sold to construction contractors for incorporation into  2,201        

a horticulture structure or livestock structure for a person       2,202        

engaged in the business of horticulture or producing livestock;    2,203        

building materials and services sold to a construction contractor  2,204        

for incorporation into a house of public worship or religious      2,205        

education, or a building used exclusively for charitable purposes  2,206        

under a construction contract with an organization whose purpose   2,207        

is as described in division (B)(12) of this section; building and  2,208        

construction materials sold for incorporation into the original    2,209        

construction of a sports facility under section 307.696 of the     2,210        

Revised Code; and building and construction materials and          2,211        

services sold to a construction contractor for incorporation into  2,212        

real property outside this state if such materials and services,   2,213        

when sold to a construction contractor in the state in which the   2,214        

real property is located for incorporation into real property in   2,215        

that state, would be exempt from a tax on sales levied by that     2,216        

state;                                                             2,217        

      (14)  Sales of ships or vessels or rail rolling stock used   2,219        

or to be used principally in interstate or foreign commerce, and   2,220        

repairs, alterations, fuel, and lubricants for such ships or       2,221        

vessels or rail rolling stock;                                     2,222        

      (15)  Sales to persons engaged in any of the activities      2,224        

mentioned in division (E)(2) or (9) of section 5739.01 of the      2,225        

Revised Code, to persons engaged in making retail sales, or to     2,226        

persons who purchase for sale from a manufacturer tangible         2,227        

personal property that was produced by the manufacturer in         2,228        

accordance with specific designs provided by the purchaser, of     2,229        

                                                          54     


                                                                 
packages, including material and parts for packages, and of        2,230        

machinery, equipment, and material for use primarily in packaging  2,231        

tangible personal property produced for sale by or on the order    2,232        

of the person doing the packaging, or sold at retail.  "Packages"  2,233        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     2,234        

bindings, wrappings, and other similar devices and containers,     2,235        

and "packaging" means placing therein.                             2,236        

      (16)  Sales of food to persons using food stamp coupons to   2,238        

purchase the food.  As used in division (B)(16) of this section,   2,239        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    2,240        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   2,241        

adopted pursuant to that act.                                      2,242        

      (17)  Sales to persons engaged in farming, agriculture,      2,244        

horticulture, or floriculture, of tangible personal property for   2,245        

use or consumption directly in the production by farming,          2,246        

agriculture, horticulture, or floriculture of other tangible       2,247        

personal property for use or consumption directly in the           2,248        

production of tangible personal property for sale by farming,      2,249        

agriculture, horticulture, or floriculture; or material and parts  2,250        

for incorporation into any such tangible personal property for     2,251        

use or consumption in production; and of tangible personal         2,252        

property for such use or consumption in the conditioning or        2,253        

holding of products produced by and for such use, consumption, or  2,254        

sale by persons engaged in farming, agriculture, horticulture, or  2,255        

floriculture, except where such property is incorporated into      2,256        

real property;                                                     2,257        

      (18)  Sales of drugs dispensed by a licensed pharmacist      2,260        

upon the order of a licensed health professional authorized to     2,262        

prescribe drugs to a human being, as the term "licensed health     2,263        

professional authorized to prescribe drugs" is defined in section  2,264        

4729.01 of the Revised Code; insulin as recognized in the          2,266        

official United States pharmacopoeia; urine and blood testing      2,267        

materials when used by diabetics or persons with hypoglycemia to   2,268        

test for glucose or acetone; hypodermic syringes and needles when  2,269        

                                                          55     


                                                                 
used by diabetics for insulin injections; epoetin alfa when        2,270        

purchased for use in the treatment of persons with end-stage       2,271        

renal disease; hospital beds when purchased for use by persons     2,273        

with medical problems for medical purposes; and oxygen and         2,274        

oxygen-dispensing equipment when purchased for use by persons      2,275        

with medical problems for medical purposes;                                     

      (19)  Sales of artificial limbs or portion thereof, breast   2,277        

prostheses, and other prosthetic devices for humans; braces or     2,278        

other devices for supporting weakened or nonfunctioning parts of   2,279        

the human body; wheelchairs; devices used to lift wheelchairs      2,280        

into motor vehicles and parts and accessories to such devices;     2,281        

crutches or other devices to aid human perambulation; and items    2,282        

of tangible personal property used to supplement impaired          2,283        

functions of the human body such as respiration, hearing, or       2,284        

elimination.  No exemption under this division shall be allowed    2,285        

for nonprescription drugs, medicines, or remedies; items or        2,286        

devices used to supplement vision; items or devices whose          2,287        

function is solely or primarily cosmetic; or physical fitness      2,288        

equipment.  This division does not apply to sales to a physician   2,289        

or medical facility for use in the treatment of a patient.         2,290        

      (20)  Sales of emergency and fire protection vehicles and    2,292        

equipment to nonprofit organizations for use solely in providing   2,293        

fire protection and emergency services for political subdivisions  2,294        

of the state;                                                      2,295        

      (21)  Sales of tangible personal property manufactured in    2,297        

this state, if sold by the manufacturer in this state to a         2,298        

retailer for use in the retail business of the retailer outside    2,299        

of this state and if possession is taken from the manufacturer by  2,301        

the purchaser within this state for the sole purpose of            2,302        

immediately removing the same from this state in a vehicle owned   2,303        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  2,305        

political subdivisions, agencies, instrumentalities,               2,306        

institutions, or authorities, or by governmental entities of the   2,307        

                                                          56     


                                                                 
state or any of its political subdivisions, agencies,              2,308        

instrumentalities, institutions, or authorities;.                  2,309        

      NOTHING IN DIVISION (B)(22) OF THIS SECTION SHALL BE DEEMED  2,311        

TO EXEMPT SALES BY A GOVERNMENTAL CABLE OPERATOR AS DEFINED IN     2,312        

SECTION 1771.01 OF THE REVISED CODE.                               2,313        

      (23)  Sales of motor vehicles to nonresidents of this state  2,315        

upon the presentation of an affidavit executed in this state by    2,316        

the nonresident purchaser affirming that the purchaser is a        2,317        

nonresident of this state, that possession of the motor vehicle    2,318        

is taken in this state for the sole purpose of immediately         2,319        

removing it from this state, that the motor vehicle will be        2,320        

permanently titled and registered in another state, and that the   2,321        

motor vehicle will not be used in this state;                      2,322        

      (24)  Sales to persons engaged in the preparation of eggs    2,324        

for sale of tangible personal property used or consumed directly   2,325        

in such preparation, including such tangible personal property     2,326        

used for cleaning, sanitizing, preserving, grading, sorting, and   2,327        

classifying by size; packages, including material and parts for    2,328        

packages, and machinery, equipment, and material for use in        2,329        

packaging eggs for sale; and handling and transportation           2,330        

equipment and parts therefor, except motor vehicles licensed to    2,331        

operate on public highways, used in intraplant or interplant       2,332        

transfers or shipment of eggs in the process of preparation for    2,333        

sale, when the plant or plants within or between which such        2,334        

transfers or shipments occur are operated by the same person.      2,335        

"Packages" includes containers, cases, baskets, flats, fillers,    2,336        

filler flats, cartons, closure materials, labels, and labeling     2,337        

materials, and "packaging" means placing therein.                  2,338        

      (25)(a)  Sales of water to a consumer for residential use,   2,340        

except the sale of bottled water, distilled water, mineral water,  2,341        

carbonated water, or ice;                                          2,342        

      (b)  Sales of water by a nonprofit corporation engaged       2,344        

exclusively in the treatment, distribution, and sale of water to   2,345        

consumers, if such water is delivered to consumers through pipes   2,346        

                                                          57     


                                                                 
or tubing.                                                         2,347        

      (26)  Fees charged for inspection or reinspection of motor   2,349        

vehicles under section 3704.14 of the Revised Code;                2,350        

      (27)  Sales of solar, wind, or hydrothermal energy systems   2,352        

that meet the guidelines established under division (B) of         2,353        

section 1551.20 of the Revised Code, components of such systems    2,354        

that are identified under division (B) or (D) of that section, or  2,355        

charges for the installation of such systems or components, made   2,356        

during the period from August 14, 1979, through December 31,       2,357        

1985;                                                              2,358        

      (28)  Sales to persons licensed to conduct a food service    2,360        

operation pursuant to section 3732.03 of the Revised Code, of      2,361        

tangible personal property primarily used directly for the         2,362        

following:                                                                      

      (a)  To prepare food for human consumption for sale;         2,364        

      (b)  To preserve food that has been or will be prepared for  2,367        

human consumption for sale by the food service operator, not                    

including tangible personal property used to display food for      2,368        

selection by the consumer;                                         2,369        

      (c)  To clean tangible personal property used to prepare or  2,371        

serve food for human consumption for sale.                         2,372        

      (29)  Sales of animals by nonprofit animal adoption          2,374        

services or county humane societies;                               2,375        

      (30)  Sales of services to a corporation described in        2,377        

division (A) of section 5709.72 of the Revised Code, and sales of  2,378        

tangible personal property that qualifies for exemption from       2,379        

taxation under section 5709.72 of the Revised Code;                2,380        

      (31)  Sales and installation of agricultural land tile, as   2,382        

defined in division (B)(5)(a) of section 5739.01 of the Revised    2,383        

Code;                                                              2,384        

      (32)  Sales and erection or installation of portable grain   2,386        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   2,387        

Revised Code;                                                      2,388        

      (33)  The sale, lease, repair, and maintenance of; parts     2,390        

                                                          58     


                                                                 
for; or items attached to or incorporated in motor vehicles that   2,391        

are primarily used for transporting tangible personal property by  2,392        

a person engaged in highway transportation for hire;               2,393        

      (34)  Sales to the state headquarters of any veterans'       2,395        

organization in Ohio that is either incorporated and issued a      2,396        

charter by the congress of the United States or is recognized by   2,397        

the United States veterans administration, for use by the          2,398        

headquarters;                                                      2,399        

      (35)  Sales to a telecommunications service vendor of        2,401        

tangible personal property and services used directly and          2,402        

primarily in transmitting, receiving, switching, or recording any  2,403        

interactive, two-way electromagnetic communications, including     2,404        

voice, image, data, and information, through the use of any        2,405        

medium, including, but not limited to, poles, wires, cables,       2,406        

switching equipment, computers, and record storage devices and     2,407        

media, and component parts for the tangible personal property.     2,408        

The exemption provided in division (B)(35) of this section shall   2,409        

be in lieu of all other exceptions under division (E)(2) of        2,410        

section 5739.01 of the Revised Code to which a telecommunications  2,411        

service vendor may otherwise be entitled based upon the use of     2,412        

the thing purchased in providing the telecommunications service.   2,413        

      (36)  Sales of investment metal bullion and investment       2,415        

coins.  "Investment metal bullion" means any elementary precious   2,416        

metal that has been put through a process of smelting or           2,417        

refining, including, but not limited to, gold, silver, platinum,   2,418        

and palladium, and which is in such state or condition that its    2,419        

value depends upon its content and not upon its form.              2,420        

"Investment metal bullion" does not include fabricated precious    2,421        

metal that has been processed or manufactured for one or more      2,423        

specific and customary industrial, professional, or artistic       2,424        

uses.  "Investment coins" means numismatic coins or other forms    2,425        

of money and legal tender manufactured of gold, silver, platinum,  2,426        

palladium, or other metal under the laws of the United States or   2,427        

any foreign nation with a fair market value greater than any       2,428        

                                                          59     


                                                                 
statutory or nominal value of such coins.                          2,429        

      (37)(a)  Sales where the purpose of the consumer is to use   2,431        

or consume the things transferred in making retail sales and       2,432        

consisting of newspaper inserts, catalogues, coupons, flyers,      2,433        

gift certificates, or other advertising material that prices and   2,435        

describes tangible personal property offered for retail sale.      2,436        

      (b)  Sales to direct marketing vendors of preliminary        2,438        

materials such as photographs, artwork, and typesetting that will  2,439        

be used in printing advertising material; of printed matter that   2,440        

offers free merchandise or chances to win sweepstake prizes and    2,441        

that is mailed to potential customers with advertising material    2,442        

described in division (B)(37)(a) of this section; and of           2,443        

equipment such as telephones, computers, facsimile machines, and   2,444        

similar tangible personal property primarily used to accept        2,445        

orders for direct marketing retail sales.                          2,446        

      (c)  Sales of automatic food vending machines that preserve  2,448        

food with a shelf life of forty-five days or less by               2,449        

refrigeration and dispense it to the consumer.                     2,450        

      For purposes of division (B)(37) of this section, "direct    2,452        

marketing" means the method of selling where consumers order       2,453        

tangible personal property by United States mail, delivery         2,454        

service, or telecommunication and the vendor delivers or ships     2,455        

the tangible personal property sold to the consumer from a         2,456        

warehouse, catalogue distribution center, or similar fulfillment   2,457        

facility by means of the United States mail, delivery service, or  2,458        

common carrier.                                                    2,459        

      (38)  Sales to a person engaged in the business of           2,461        

horticulture or producing livestock of materials to be             2,462        

incorporated into a horticulture structure or livestock            2,463        

structure;                                                         2,464        

      (39)  The sale of a motor vehicle that is used exclusively   2,466        

for a vanpool ridesharing arrangement to persons participating in  2,467        

the vanpool ridesharing arrangement when the vendor is selling     2,468        

the vehicle pursuant to a contract between the vendor and the      2,469        

                                                          60     


                                                                 
department of transportation;                                                   

      (40)  Sales of personal computers, computer monitors,        2,471        

computer keyboards, modems, and other peripheral computer          2,472        

equipment to an individual who is licensed or certified to teach   2,473        

in an elementary or a secondary school in this state for use by    2,474        

that individual in preparation for teaching elementary or                       

secondary school students;                                         2,475        

      (41)  Sales to a professional racing team of any of the      2,477        

following:                                                         2,478        

      (a)  Motor racing vehicles;                                  2,480        

      (b)  Repair services for motor racing vehicles;              2,483        

      (c)  Items of property that are attached to or incorporated  2,486        

in motor racing vehicles, including engines, chassis, and all      2,487        

other components of the vehicles, and all spare, replacement, and  2,488        

rebuilt parts or components of the vehicles; except not including  2,489        

tires, consumable fluids, paint, and accessories consisting of     2,490        

instrumentation sensors and related items added to the vehicle to  2,491        

collect and transmit data by means of telemetry and other forms    2,492        

of communication.                                                               

      For the purpose of the proper administration of this         2,494        

chapter, and to prevent the evasion of the tax, it is presumed     2,495        

that all sales made in this state are subject to the tax until     2,496        

the contrary is established.                                       2,497        

      As used in this section, except in division (B)(16) of this  2,499        

section, "food" includes cereals and cereal products, milk and     2,500        

milk products including ice cream, meat and meat products, fish    2,501        

and fish products, eggs and egg products, vegetables and           2,502        

vegetable products, fruits, fruit products, and pure fruit         2,503        

juices, condiments, sugar and sugar products, coffee and coffee    2,504        

substitutes, tea, and cocoa and cocoa products.  It does not       2,505        

include:  spirituous or malt liquors; soft drinks; sodas and       2,506        

beverages that are ordinarily dispensed at bars and soda           2,507        

fountains or in connection therewith, other than coffee, tea, and  2,508        

cocoa; root beer and root beer extracts; malt and malt extracts;   2,509        

                                                          61     


                                                                 
mineral oils, cod liver oils, and halibut liver oil; medicines,    2,510        

including tonics, vitamin preparations, and other products sold    2,511        

primarily for their medicinal properties; and water, including     2,512        

mineral, bottled, and carbonated waters, and ice.                  2,513        

      (C)  The levy of an excise tax on transactions by which      2,515        

lodging by a hotel is or is to be furnished to transient guests    2,516        

pursuant to this section and division (B) of section 5739.01 of    2,517        

the Revised Code does not prevent any of the following:            2,518        

      (1)  A municipal corporation or township from levying an     2,520        

excise tax for any lawful purpose not to exceed three per cent on  2,521        

transactions by which lodging by a hotel is or is to be furnished  2,522        

to transient guests in addition to the tax levied by this          2,523        

section.  If a municipal corporation or township repeals a tax     2,524        

imposed under division (C)(1) of this section and a county in      2,525        

which the municipal corporation or township has territory has a    2,526        

tax imposed under division (C) of section 5739.024 of the Revised  2,527        

Code in effect, the municipal corporation or township may not      2,528        

reimpose its tax as long as that county tax remains in effect.  A  2,529        

municipal corporation or township in which a tax is levied under   2,530        

division (B)(2) of section 351.021 of the Revised Code may not     2,531        

increase the rate of its tax levied under division (C)(1) of this  2,532        

section to any rate that would cause the total taxes levied under  2,533        

both of those divisions to exceed three per cent on any lodging    2,534        

transaction within the municipal corporation or township.          2,535        

      (2)  A municipal corporation or a township from levying an   2,537        

additional excise tax not to exceed three per cent on such         2,538        

transactions pursuant to division (B) of section 5739.024 of the   2,539        

Revised Code.  Such tax is in addition to any tax imposed under    2,540        

division (C)(1) of this section.                                   2,541        

      (3)  A county from levying an excise tax pursuant to         2,543        

division (A) of section 5739.024 of the Revised Code.              2,544        

      (4)  A county from levying an excise tax not to exceed       2,546        

three per cent of such transactions pursuant to division (C) of    2,547        

section 5739.024 of the Revised Code.  Such a tax is in addition   2,548        

                                                          62     


                                                                 
to any tax imposed under division (C)(3) of this section.          2,549        

      (5)  A convention facilities authority, as defined in        2,551        

division (A) of section 351.01 of the Revised Code, from levying   2,552        

the excise taxes provided for in division (B) of section 351.021   2,553        

of the Revised Code.                                               2,554        

      (6)  A county from levying an excise tax not to exceed one   2,556        

and one-half per cent of such transactions pursuant to division    2,557        

(D) of section 5739.024 of the Revised Code.  Such tax is in       2,558        

addition to any tax imposed under division (C)(3) or (4) of this   2,559        

section.                                                           2,560        

      (7)  A county from levying an excise tax not to exceed one   2,562        

and one-half per cent of such transactions pursuant to division    2,563        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     2,564        

addition to any tax imposed under division (C)(3), (4), or (6) of  2,565        

this section.                                                      2,566        

      (D)  The levy of this tax on retail sales of recreation and  2,568        

sports club service shall not prevent a municipal corporation      2,569        

from levying any tax on recreation and sports club dues or on any  2,570        

income generated by recreation and sports club dues.               2,571        

      Section 2.  That existing sections 324.01, 718.01, 5701.08,  2,574        

5709.08, 5709.10, 5709.11, 5709.12, 5709.121, 5733.01, 5739.01,    2,575        

and 5739.02 of the Revised Code are hereby repealed.                            

      Section 3.  A political subdivision or its affiliate that    2,577        

is a cable operator on the effective date of sections 1771.01 to   2,578        

1771.11 of the Revised Code, as enacted by this act, shall comply  2,579        

with section 1771.04 of the Revised Code, and shall file an        2,581        

application for a franchise under section 1771.10 of the Revised   2,582        

Code, no later than six months after the effective date of         2,583        

sections 1771.01 to 1771.11 of the Revised Code.  Notwithstanding  2,584        

division (B) of section 1771.10 of the Revised Code, a             2,585        

governmental cable operator providing cable service over a cable   2,586        

system within this state on the effective date of sections         2,587        

1771.01 to 1771.11 of the Revised Code may continue to provide     2,588        

that service until such time as the Public Utilities Commission    2,589        

                                                          63     


                                                                 
issues an order granting or denying the application under section  2,590        

1771.10 of the Revised Code or, if appealed, until a final order   2,591        

is issued pursuant to a judgment of the court as authorized under  2,593        

that section.                                                                   

      As used in this section, "affiliate," "cable service,"       2,595        

"cable system," "governmental cable operator," and "political      2,596        

subdivision" have the same meanings as in section 1771.01 of the   2,597        

Revised Code.                                                      2,598