SENATOR Armbruster

To amend sections 723.52, 723.53, 1547.11, 3704.14,

1

3704.143, 4501.10, 4503.10, 4503.101, 4503.103,

2

4503.11, 4503.173, 4503.182, 4503.40, 4503.42,

3

4503.50, 4503.51, 4503.55, 4503.561, 4503.591,

4

4503.67, 4503.68, 4503.69, 4503.71, 4503.711,

5

4503.72, 4503.73, 4503.75, 4506.08, 4507.23,

6

4508.08, 4511.04, 4511.19, 4511.191, 4511.197,

7

4513.111, 4513.52, 4513.53, 4921.02, 5501.20,

8

5501.34, 5501.45, 5502.02, 5517.011, 5517.02,

9

5525.20, 5531.10, 5543.19, 5575.01, 5577.042,

10

5728.06, 5735.142, 5735.23, 5735.27, 5735.29, and

11

5735.291, to enact sections 117.16, 117.161,

12

4501.21, 4921.30, 5501.53, 5502.39, 5535.16,

13

5543.22, and 5735.292, and to repeal sections

14

4501.20, 4501.22, 4501.29, 4501.30, 4501.311,

15

4501.32, 4501.33, 4501.39, 4501.40, 4501.41,

16

4501.61, 4501.71, and 4503.251 of the Revised

17

Code, to amend Sections 78 and 78.02 of Am. Sub.

18

H.B. 94 of the 124th General Assembly, and to

19

amend Section 25 of Am. Sub. H.B. 524 of the 124th

20

General Assembly, to make appropriations for

21

programs related to transportation and public

22

safety for the biennium beginning July 1, 2003,

23

and ending June 30, 2005, to provide authorization

24

and conditions for the operation of those

25

programs, and to amend the versions of sections

26

1547.11, 4503.10, 4503.11, 4503.182, 4511.19, and

27

4513.111 of the Revised Code that are scheduled to

28

take effect January 1, 2004.

29

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

Section 1. That sections 723.52, 723.53, 1547.11, 3704.14,	30
3704.143, 4501.10, 4503.10, 4503.101, 4503.103, 4503.11, 4503.173,	31
4503.182, 4503.40, 4503.42, 4503.50, 4503.51, 4503.55, 4503.561,	32
4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72,	33
4503.73, 4503.75, 4506.08, 4507.23, 4508.08, 4511.04, 4511.19,	34
4511.191, 4511.197, 4513.111, 4513.52, 4513.53, 4921.02, 5501.20,	35
5501.34, 5501.45, 5502.02, 5517.011, 5517.02, 5525.20, 5531.10,	36
5543.19, 5575.01, 5577.042, 5728.06, 5735.142, 5735.23, 5735.27,	37
5735.29, and 5735.291 be amended and sections 117.16, 117.161,	38
4501.21, 4921.30, 5501.53, 5502.39, 5535.16, 5543.22, and 5735.292	39
of the Revised Code be enacted to read as follows:	40

Sec. 117.16. (A) The auditor of state shall do all of the	41
following:	42

(1) Develop a force account project assessment form that each	43
public office that undertakes force account projects shall use to	44
estimate or report the cost of a force account project. The form	45
shall include costs for employee salaries and benefits, any other	46
labor costs, materials, freight, fuel, hauling, overhead expense,	47
workers' compensation premiums, and all other items of cost and	48
expense, including a reasonable allowance for the use of all tools	49
and equipment used on or in connection with such work and for the	50
depreciation on the tools and equipment.	51

(2) Make the form available to public offices by any	52
cost-effective, convenient method accessible to the auditor of	53
state and the public offices;	54

(3) When conducting an audit of such a public office under	55
this chapter, examine a sample of the forms and records of any	56
force account project that the office completed since an audit was	57
last conducted to determine compliance with the force account	58
limits and other force account provisions established by law. If	59
the auditor of state finds a violation of the force account	60
limits, the auditor of state shall conduct an audit of each force	61
account project completed since an audit was last conducted.	62

(B) If the auditor of state receives a complaint from any	63
person that a public office has violated the force account limits	64
established for that office, the auditor of state may conduct an	65
audit in addition to the audit provided in section 117.11 of the	66
Revised Code if the auditor of state has reasonable cause to	67
believe that an additional audit is in the public interest.	68

(C)(1) If the auditor of state finds that a county, township,	69
or municipal corporation violated the force account limits	70
established for that political subdivision, the auditor of state,	71
in addition to any other action authorized by this chapter, shall	72
notify the political subdivision that, for a period of one year	73
from the date of the notification, the force account limits for	74
the subdivision are reduced as follows:	75

(a) For a county, the limits shall be ten thousand dollars	76
per mile for construction or reconstruction of a road and forty	77
thousand dollars for construction, reconstruction, maintenance, or	78
repair of a bridge or culvert;	79

(b) For a township, the limit shall be fifteen thousand	80
dollars for maintenance and repair of a road or five thousand per	81
mile for construction or reconstruction of a township road;	82

(c) For a municipal corporation, the limit shall be ten	83
thousand dollars for the construction, reconstruction, widening,	84
resurfacing, or repair of a street or other public way.	85

(2) If the auditor of state finds that a county, township, or	86
municipal corporation violated the force account limits	87
established for that political subdivision a second or subsequent	88
time, the auditor of state, in addition to any other action	89
authorized by this chapter, shall notify the political subdivision	90
that, for a period of two years from the date of the notification,	91
the force account limits for the subdivision are reduced in	92
accordance with division (C)(1)(a), (b), or (c) of this section.	93

(3) If the auditor of state finds that a county, township, or	94
municipal corporation violated the force account limits	95
established for that political subdivision a third or subsequent	96
time, the subdivision shall pay the auditor of state an amount the	97
auditor of state determines to be twenty per cent of the total	98
cost of the force account project that is the basis of the	99
violation. The payments required under division (C)(3) of this	100
section are in addition to the force account limit reductions	101
under division (C)(2) of this section and also are in addition to	102
any other action authorized by this chapter. The auditor of state	103
shall certify any money due under division (C)(3) of this section	104
for collection in accordance with division (D) of section 117.13	105
of the Revised Code.	106

(D) If the auditor of state finds that a county, township, or	107
municipal corporation violated its force account limit when	108
participating in a joint force account project, the auditor of	109
state shall impose the reduction in force account limits under	110
division (C) of this section on all entities participating in the	111
joint project.	112

(E) As used in this section, "force account limits" means any	113
of the following, as applicable:	114

(1) For a county, the amounts established in section 5543.19	115
of the Revised Code;	116

(2) For a township, the amounts established in section	117
5575.01 of the Revised Code;	118

(3) For a municipal corporation, the amount established in	119
section 723.52 of the Revised Code;	120

(4) For the department of transportation, the amount	121
established in section 5517.02 of the Revised Code.	122

Sec. 117.161. If the department of transportation, a county,	123
a township, or a municipal corporation proposes a joint force	124
account project with one or more other entities, the controlling	125
force account limit shall be the higher limit that applies between	126
the participating entities. The participating entities shall not	127
aggregate their respective force account limits, and the share of	128
each participating entity shall not exceed its respective force	129
account limit. One of the participating entities shall complete	130
the force account project assessment form developed by the auditor	131
of state under section 117.16 of the Revised Code prior to	132
proceeding by force account.	133

The department of transportation and any county, township, or	134
municipal corporation shall not proceed with a joint force account	135
project if any one of the participating entities is subject to	136
reduced force account limits under division (C) or (D) of section	137
117.16 of the Revised Code.	138

As used in this section, "force account limits" has the same	139
meaning as in section 117.16 of the Revised Code.	140

Sec. 723.52.  Before letting or making any contract for the	141
construction, reconstruction, widening, resurfacing, or repair of	142
a street or other public way, the director of public service in a	143
city, or the legislative authority in a village, shall make an	144
estimate of the cost of such work, which estimate shall include	145
labor, materials, freight, fuel, hauling, overhead expense,	146
workers' compensation premiums, use of machinery and equipment,	147
and all other items of cost and expenseusing the force account	148
project assessment form developed by the auditor of state under	149
section 117.16 of the Revised Code. In municipal corporations	150
having an engineer, or an officer having a different title but the	151
duties and functions of an engineer, the estimate shall be made by	152
the engineer or other officer. Where the total estimated cost of	153
any such work is thirty thousand dollars or less, the proper	154
officers may proceed by force account.	155

Where the total estimated cost of any such work exceeds ten	156
thirty thousand dollars, the proper officers of the municipal	157
corporation shall be required to invite and receive competitive	158
bids for furnishing all the labor, materials, and equipment and	159
doing the work, after newspaper advertisement as provided by law,	160
and to. The officers shall consider and may reject such bids	161
before ordering. If the bids are rejected, the officers may order	162
the work done by force account or direct labor. When such bids are	163
received, considered, and rejected, and the work done by force	164
account or direct labor, such work shall be performed in	165
compliance with the plans and specifications upon which the bids	166
were based. It shall be unlawful to divide a street or connecting	167
streets into separate sections for the purpose of defeating this	168
section and section 723.53 of the Revised Code.	169

"Street," as used in such sections, includes portions of	170
connecting streets on which the same or similar construction,	171
reconstruction, widening, resurfacing, or repair is planned or	172
projected.	173

Sec. 723.53.  Where the proper officers of any municipal	174
corporation construct, reconstruct, widen, resurface, or repair a	175
street or other public way by force account or direct labor, and	176
the estimated cost of the work as defined in section 723.52 of the	177
Revised Code exceeds tenthirty thousand dollars, such municipal	178
authorities shall cause to be kept by the engineer of the	179
municipal corporation, or other officer or employee of the	180
municipal corporation in charge of such work, a complete and	181
accurate account, in detail, of the cost of doing the work. The	182
account shall include labor, materials, freight, fuel, hauling,	183
overhead expense, workers' compensation premiums, and all other	184
items of cost and expense, including a reasonable allowance for	185
the use of all tools and equipment used on or in connection with	186
such work and for the depreciation on the tools and equipment. The	187
engineer or other officer or employee shall keep such account, and	188
within ninety days after the completion of any such work he shall	189
prepare a detailed and itemized statement of such cost and file	190
the statement with the officer or board vested with authority to	191
direct the doing of the work in question. Such officer or board	192
shall thereupon examine the statement, correct it if necessary,	193
and file it in his or itsthe office of the officer or board. Such	194
statement shall be kept on file for not less than two years and	195
shall be open to public inspection.	196

This section and section 723.52 of the Revised Code do not	197
apply to any municipal corporations having a charter form of	198
government.	199

Sec. 1547.11.  (A) No person shall operate or be in physical	200
control of any vessel underway or shall manipulate any water skis,	201
aquaplane, or similar device on the waters in this state if any of	202
the following applies:	203

(1) The person is under the influence of alcohol or a drug of	204
abuse, or the combined influence of alcohol and a drug of abuse;.	205

(2) The person has a concentration of ten-hundredths	206
eight-hundredths of one per cent or more by weight of alcohol in	207
the person's blood;.	208

(3) The person has a concentration of fourteen-hundredths	209
eleven-hundredths of one gram or more by weight of alcohol per one	210
hundred milliliters of the person's urine;.	211

(4) The person has a concentration of ten-hundredths	212
eight-hundredths of one gram or more by weight of alcohol per two	213
hundred ten liters of the person's breath.	214

(B) No person under twenty-one years of age shall operate or	215
be in physical control of any vessel underway or shall manipulate	216
any water skis, aquaplane, or similar device on the waters in this	217
state if any of the following applies:	218

(1) The person has a concentration of at least two-hundredths	219
of one per cent, but less than ten-hundredthseight-hundredths of	220
one per cent by weight of alcohol in the person's blood;.	221

(2) The person has a concentration of at least twenty-eight	222
one-thousandths of one gram, but less than fourteen-hundredths	223
eleven-hundredths of one gram by weight of alcohol per one hundred	224
milliliters of the person's urine;.	225

(3) The person has a concentration of at least two-hundredths	226
of one gram, but less than ten-hundredthseight-hundredths of one	227
gram by weight of alcohol per two hundred ten liters of the	228
person's breath.	229

(C) In any proceeding arising out of one incident, a person	230
may be charged with a violation of division (A)(1) and a violation	231
of division (B)(1), (2), or (3) of this section, but the person	232
shall not be convicted of more than one violation of those	233
divisions.	234

(D)(1) In any criminal prosecution or juvenile court	235
proceeding for a violation of division (A) or (B) of this section,	236
of a municipal ordinance relating to operating or being in	237
physical control of a vessel underway or manipulating any water	238
skis, aquaplane, or similar device while under the influence of	239
alcohol, a drug of abuse, or the combined influence of alcohol and	240
a drug of abuse, or of a municipal ordinance relating to operating	241
or being in physical control of a vessel underway or manipulating	242
any water skis, aquaplane, or similar device with a prohibited	243
concentration of alcohol in the blood, breath, or urine, the court	244
may admit evidence on the concentration of alcohol, drugs of	245
abuse, or alcohol and drugs of abuse in the defendant's blood,	246
urine, or breath at the time of the alleged violation as shown by	247
chemical analysis of the defendant's blood, urine, or breath taken	248
within two hours of the time of the alleged violation.	249

When a person submits to a blood test, only a physician,	250
registered nurse, or qualified technician or chemist shall	251
withdraw blood for the purpose of determining its alcohol or drug	252
of abuse content. This limitation does not apply to the taking of	253
breath or urine specimens. A physician, registered nurse, or	254
qualified technician or chemist may refuse to withdraw blood for	255
the purpose of determining its alcohol or drug of abuse content if	256
in the opinion of the physician, nurse, or technician or chemist,	257
the physical welfare of the person would be endangered by the	258
withdrawing of blood.	259

The blood, urine, or breath shall be analyzed in accordance	260
with methods approved by the director of health by an individual	261
possessing a valid permit issued by the director pursuant to	262
section 3701.143 of the Revised Code.	263

(2) In a criminal prosecution or juvenile court proceeding	264
for a violation of division (A) of this section, of a municipal	265
ordinance relating to operating or being in physical control of a	266
vessel underway or manipulating any water skis, aquaplane, or	267
similar device on the waters of this state while under the	268
influence of alcohol, a drug of abuse, or the combined influence	269
of alcohol and a drug of abuse, or of a municipal ordinance	270
substantially equivalent to division (A) of this section relating	271
to operating or being in physical control of a vessel underway or	272
manipulating any water skis, aquaplane, or similar device on the	273
waters of this state with a prohibited concentration of alcohol in	274
the blood, breath, or urine, if there was at the time the bodily	275
substance was taken a concentration of less than ten-hundredths	276
eight-hundredths of one per cent by weight of alcohol in the	277
defendant's blood, less than fourteen-hundredthseleven-hundredths	278
of one gram by weight of alcohol per one hundred milliters	279
milliliters of the defendant's urine, or less than ten-hundredths	280
eight-hundredths of one gram by weight of alcohol per two hundred	281
ten liters of the defendant's breath, that fact may be considered	282
with other competent evidence in determining the guilt or	283
innocence of the defendant. This division does not limit or affect	284
a criminal prosecution or juvenile court proceeding for a	285
violation of division (B) of this section or of a municipal	286
ordinance substantially equivalent to division (B) of this section	287
relating to operating or being in physical control of a vessel	288
underway or manipulating any water skis, aquaplane, or similar	289
device on the waters of this state with a prohibited concentration	290
of alcohol in the blood, breath, or urine.	291

(3) Upon the request of the person who was tested, the	292
results of the test shall be made available to the person or the	293
person's attorney or agent immediately upon the completion of the	294
test analysis.	295

The person tested may have a physician, registered nurse, or	296
qualified technician or chemist of the person's own choosing	297
administer a chemical test or tests in addition to any	298
administered at the direction of a law enforcement officer, and	299
shall be so advised. The failure or inability to obtain an	300
additional test by a person shall not preclude the admission of	301
evidence relating to the test or tests taken at the direction of a	302
law enforcement officer.	303

A physician, registered nurse, or qualified technician or	304
chemist who withdraws blood from a person pursuant to this	305
section, and a hospital, first-aid station, or clinic at which	306
blood is withdrawn from a person pursuant to this section, is	307
immune from criminal liability, and from civil liability that is	308
based upon a claim of assault and battery or based upon any other	309
claim that is not in the nature of a claim of malpractice, for any	310
act performed in withdrawing blood from the person.	311

(E)(1) In any criminal prosecution or juvenile court	312
proceeding for a violation of division (A) or (B) of this section,	313
of a municipal ordinance relating to operating or being in	314
physical control of any vessel underway or manipulating any water	315
skis, aquaplane, or similar device on the waters of this state	316
while under the influence of alcohol, a drug of abuse, or the	317
combined influence of alcohol and a drug of abuse, or of a	318
municipal ordinance relating to operating or being in physical	319
control of any vessel underway or manipulating any water skis,	320
aquaplane, or similar device on the waters of this state with a	321
prohibited concentration of alcohol in the blood, breath, or	322
urine, if a law enforcement officer has administered a field	323
sobriety test to the operator or person found to be in physical	324
control of the vessel underway involved in the violation or the	325
person manipulating the water skis, aquaplane, or similar device	326
involved in the violation and if it is shown by clear and	327
convincing evidence that the officer administered the test in	328
substantial compliance with the testing standards for reliable,	329
credible and generally accepted field sobriety tests for vehicles	330
that were in effect at the time the tests were administered,	331
including, but not limited to, any testing standards then in	332
effect that have been set by the national highway traffic safety	333
administration, that by their nature are not clearly inapplicable	334
regarding the operation or physical control of vessels underway or	335
the manipulation of water skis, aquaplanes, or similar devices,	336
all of the following apply:	337

(a) The officer may testify concerning the results of the	338
field sobriety test so administered.	339

(b) The prosecution may introduce the results of the field	340
sobriety test so administered as evidence in any proceedings in	341
the criminal prosecution or juvenile court proceeding.	342

(c) If testimony is presented or evidence is introduced under	343
division (E)(1)(a) or (b) of this section and if the testimony or	344
evidence is admissible under the Rules of Evidence, the court	345
shall admit the testimony or evidence, and the trier of fact shall	346
give it whatever weight the trier of fact considers to be	347
appropriate.	348

(2) Division (E)(1) of this section does not limit or	349
preclude a court, in its determination of whether the arrest of a	350
person was supported by probable cause or its determination of any	351
other matter in a criminal prosecution or juvenile court	352
proceeding of a type described in that division, from considering	353
evidence or testimony that is not otherwise disallowed by division	354
(E)(1) of this section.	355

(F)(1) As used in division (E) of this section, "national	356
highway traffic safety administration" has the same meaning as in	357
section 4511.19 of the Revised Code.	358

(2) For the purposes of this section, "operate" means that a	359
vessel is being used on the waters in this state when the vessel	360
is not securely affixed to a dock or to shore or to any permanent	361
structure to which the vessel has the right to affix or that a	362
vessel is not anchored in a designated anchorage area or boat	363
camping area that is established by the United States coast guard,	364
this state, or a political subdivision and in which the vessel has	365
the right to anchor.	366

Sec. 3704.14.  (A) As used in this section:

367

(1) "Basic motor vehicle inspection and maintenance program"	368
or "basic program" means a motor vehicle inspection and	369
maintenance program that complies with the requirements governing	370
motor vehicle inspection and maintenance programs under the "Clean	371
Air Act Amendments" and that is not an enhanced motor vehicle	372
inspection and maintenance program.	373

(2) "Clean Air Act Amendments" means the "Clean Air Act	374
Amendments of 1990," 91 Stat. 685, 42 U.S.C.A. 7401, as amended,	375
and regulations adopted under it.	376

(3) "Contractor" means any person who has entered into a	377
contract under division (D) of this section.	378

(4) "District of registration" means the district of	379
registration of a motor vehicle as determined under section	380
4503.10 of the Revised Code.	381

(5) "Enhanced motor vehicle inspection and maintenance	382
program" or "enhanced program" means a motor vehicle inspection	383
and maintenance program that complies with the requirements	384
governing an enhanced motor vehicle inspection and maintenance	385
program under the "Clean Air Act Amendments."	386

(6) "Licensee" means any person licensed under division (C)	387
of this section.	388

(7) "Metropolitan planning organization" means a metropolitan	389
planning organization designated under section 9(a) of the	390
"Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 U.S.C.A. 134,	391
as amended.	392

(8) "Motor vehicle" and "vehicle" have the same meanings as	393
in section 4501.01 of the Revised Code.	394

(9) "Waiver limit" means the cost of repairs needed for a	395
motor vehicle to pass a motor vehicle emissions inspection under	396
this section above which the owner of the motor vehicle need not	397
have the repairs performed on the vehicle and may receive a waiver	398
under division (F) of this section. For a motor vehicle the	399
district of registration of which is in a county classified as	400
moderate nonattainment that is subject to a basic or an enhanced	401
motor vehicle inspection and maintenance program, "waiver limit"	402
means more than one hundred dollars for a vehicle of a 1980 or	403
earlier model year and more than two hundred dollars for a vehicle	404
of a 1981 or later model year. For a motor vehicle the district of	405
registration of which is in a county classified as serious,	406
severe, or extreme nonattainment and that is subject to an	407
enhanced motor vehicle inspection and maintenance program, "waiver	408
limit" means more than four hundred fifty dollars. "Waiver limit"	409
also includes the cumulative amount of the annual adjustments to	410
each of the amounts specified in this division made by the	411
director pursuant to regulations adopted under section	412
502(b)(3)(B)(v) of the "Clean Air Act Amendments." "Waiver limit"	413
does not include the cost of any repairs performed on a vehicle	414
for the purpose of restoring the vehicle in accordance with the	415
findings of the visual anti-tampering portion of a motor vehicle	416
emissions inspection conducted under this section.	417

(B) The director of environmental protection shall implement	418
and supervise a motor vehicle inspection and maintenance program	419
in any county classified as moderate, serious, severe, or extreme	420
nonattainment for carbon monoxide or ozone in accordance with the	421
"Clean Air Act Amendments." The director shall implement and	422
supervise a basic or an enhanced motor vehicle inspection and	423
maintenance program in a county that is within an area classified	424
as nonattainment for carbon monoxide or ozone when such a program	425
is included in the air quality maintenance plan or contingency	426
plan for the nonattainment area that includes the county and that	427
is submitted to the United States environmental protection agency	428
by the director as required under section 175A of the "Clean Air	429
Act Amendments" as part of a request for redesignation of the	430
nonattainment area as attainment for carbon monoxide or ozone	431
under section 107(d) of that act, and the director determines that	432
the conditions requiring implementation of such a program and set	433
forth in either such plan have been met. The director shall	434
implement and supervise the enhanced program in any county as	435
required under section 3704.142 of the Revised Code. The director	436
may terminate the program in any county that is subject to this	437
section in accordance with division (K)(2) of this section. The	438
director shall adopt, and may amend or rescind, rules to	439
facilitate the implementation, supervision, administration,	440
operation, and enforcement of the program, including, without	441
limitation, rules providing for all of the following:	442

(1) The form of all inspection certificates, distribution of	443
inspection certificates to reinspection stations licensed under	444
division (C) of this section, and form and distribution of any	445
other papers or documents necessary or convenient to the program.	446
The rules shall include, without limitation, the requirement that	447
all inspection certificates bear a statement that reads: "This	448
automobile inspection is the result of requirements under the	449
Clean Air Act Amendments enacted by the United States Congress.	450
Any questions or comments you may have about this program may be	451
directed to your United States senator in care of the United	452
States Senate, The Capitol, Washington, D.C. 20510 or to your	453
United States representative in care of Thethe United States	454
House of Representatives, The Capitol, Washington, D.C. 20515."	455

(2) The replacement of lost or stolen certificates, papers,	456
or documents;	457

(3) Inspection procedures and standards to be used in motor	458
vehicle emissions inspections conducted under this section,	459
including, without limitation, a requirement that the inspections	460
test for carbon monoxide and hydrocarbons at idle or loaded mode	461
conditions; a requirement that the inspections test opacity for	462
particulates for diesel fueled vehicles; standards establishing	463
maximum allowable emissions of those pollutants, for both gasoline	464
fueled and diesel fueled vehicles, for each model year of motor	465
vehicles inspected; a requirement that beginning with the 1994	466
model year, the inspections utilize the on-board diagnostic	467
computer links mandated by the "Clean Air Act Amendments";	468
requirements governing the computerized exhaust analyzer system to	469
be used by any contractor conducting inspections and any licensees	470
conducting reinspections; tampering parameter inspection	471
procedures and standards to be used in the visual anti-tampering	472
portion of an inspection conducted under this section;	473
requirements governing the engine tune-up that shall be performed	474
on any motor vehicle that fails an inspection conducted under this	475
section, including, without limitation, requirements that specific	476
items be checked and repaired, replaced, or adjusted as necessary	477
to restore the motor vehicle to proper working order or	478
specifications; tailpipe emissions improvement requirements	479
specified by percentage; a waiver repair verification system; and	480
any other necessary waiver procedures for motor vehicles that fail	481
an inspection under this section;	482

(4) A system for the maintenance and reporting of inspection	483
and reinspection station data and records;	484

(5) The manner of identifying exempt vehicles;

485

(6) Inspection, and supervision thereof, of fleets and	486
governmental vehicles under divisions (G) and (H) of this section;	487

(7) Establishment of specifications for an identification	488
sign that reinspection stations licensed under division (C) of	489
this section shall display in a conspicuous manner;	490

(8) The issuance of motor vehicle inspection certificates	491
only to reinspection stations licensed under division (C) of this	492
section that continue to comply with this section;	493

(9) The surveillance of reinspection stations licensed under	494
division (C) of this section and of inspection stations operated	495
by any contractor hired to conduct inspections under this section	496
to ensure that quality testing and this section and rules adopted	497
under it are being adhered to throughout the inspection and	498
reinspection process;	499

(10) The information to be included in applications for	500
licenses filed under division (C) of this section and the	501
procedure for filing those applications;	502

(11) The establishment of a referee inspection system by the	503
director to resolve disagreements between owners of motor vehicles	504
and inspection and reinspection stations regarding inspection and	505
reinspection results, including, without limitation, procedures	506
for the collection of an inspection fee that a referee inspection	507
station may charge for any motor vehicle inspection conducted by	508
it. The fee shall not exceed the amount of the inspection or	509
reinspection fee paid by the owner of the motor vehicle	510
established under division (D)(7) of this section for the original	511
inspection or a reinspection of the motor vehicle under this	512
section.	513

(12) The locations of computerized, high-volume,	514
contractor-operated motor vehicle inspection stations conducting	515
inspections for the purposes of this section. The rules shall	516
require both of the following:	517

(a) In urban metropolitan statistical areas and consolidated	518
metropolitan statistical areas, as defined by the bureau of the	519
census in the United States department of commerce, eighty per	520
cent of the population that is subject to this section be no more	521
than five miles from an inspection station and one hundred per	522
cent of that population be no more than ten miles from an	523
inspection station;	524

(b) In rural areas, as defined by the bureau of the census in	525
the United States department of commerce, one hundred per cent of	526
the population that is subject to this section be no more than	527
fifteen miles from an inspection station.	528

(13) A requirement that contractor-operated inspection	529
stations conducting inspections under this section be in operation	530
for at least forty-five hours per week, which shall include,	531
without limitation, operating hours in the evening and on	532
Saturdays;	533

(14) A requirement that any contractor hired to conduct	534
inspections under this section not allow vehicle waiting time to	535
exceed an average of fifteen minutes and the establishment of	536
minimum performance penalties for failure to comply with that	537
requirement;	538

(15) An adequate queuing area, as determined by the director,	539
at each contractor-operated inspection station conducting	540
inspections under this section. The rules adopted under division	541
(B)(15) of this section shall not arbitrarily discriminate against	542
any person who can reasonably be expected to submit a proposal	543
under this section for any contract provided for in division (D)	544
of this section.	545

(16) Conditions for the suspension and revocation of licenses	546
and inspector certifications issued under this section;	547

(17) The commencement date of the basic motor vehicle	548
inspection and maintenance program established under this section	549
shall be July 1, 1994, in all affected counties classified as	550
moderate nonattainment for carbon monoxide or ozone under the	551
"Clean Air Act Amendments" on the effective date of this amendment	552
September 27, 1993, other than Cuyahoga county. The commencement	553
date of the enhanced program in a county so classified as moderate	554
nonattainment for carbon monoxide or ozone on the effective date	555
of this amendmentSeptember 27, 1993, for which the implementation	556
and supervision of the enhanced program was requested under	557
section 3704.142 of the Revised Code shall be January 1, 1995. The	558
commencement date of the program in any other affected counties,	559
other than Cuyahoga county, shall be the date established by the	560
director.	561

(18) A requirement that reinspections under the enhanced	562
motor vehicle inspection and maintenance program be conducted only	563
by a contractor hired to conduct inspections under this section;	564

(19) A requirement that each inspection station operated by a	565
contractor, each licensed reinspection station, and each referee	566
inspection station, prominently display in a location that is	567
readily visible to persons whose motor vehicles are being tested	568
pursuant to this section a sign that contains the same language	569
that is required to be printed on inspection certificates under	570
division (B)(1) of this section;	571

(20) Procedures that are necessary for the inspection of	572
motor vehicles that are registered biennially under division	573
(A)(1)(b) of section 4503.103 of the Revised Code.	574

(C)(1) The director of environmental protection shall issue	575
licenses for reinspection stations for the purposes of the basic	576
motor vehicle inspection and maintenance program established under	577
this section for two-year periods, except that for the initial	578
license period for any station, the director may issue the license	579
for a period not to exceed five years. The director may include	580
terms and conditions as part of any license issued to ensure	581
compliance with this section and rules adopted under it.	582

The director may issue a license for each reinspection	583
station for which an application is filed that complies with this	584
section and rules adopted under it. Each application shall include	585
both of the following:	586

(a) A nonrefundable fee of one hundred dollars for each	587
initial license or a nonrefundable fee of fifty dollars for	588
renewal of any license;	589

(b) A demonstration that the reinspection station will comply	590
with this section and the director's rules adopted under it.	591

(2) Each licensee shall conduct reinspections as required by	592
the director's rules. The licensee shall provide an inspection	593
certificate for vehicles that pass a reinspection under this	594
section.	595

(3) A licensee shall charge the fee under the basic program	596
that is established under division (D)(7) of this section for any	597
reinspection performed by the licensee under this section.	598

(4) A licensee may charge each person for services. However,	599
fees for reinspection shall be separately stated from any other	600
charge to the person.	601

(5) No licensee shall require as a condition of performing a	602
reinspection that any needed repairs or adjustments to a vehicle	603
be done by the licensee.	604

(6) A licensee shall maintain and make available for	605
inspection by the director or the director's authorized	606
representative accurate records as required by rules adopted under	607
this section.	608

(7) The director shall credit the moneys the director	609
receives under division (C) of this section to the motor vehicle	610
inspection and maintenance fund created in division (I) of this	611
section.	612

(D)(1) The initial motor vehicle inspections conducted under	613
the basic motor vehicle inspection and maintenance program, and	614
all inspections and reinspections conducted under the enhanced	615
program, required under this section shall be conducted by one or	616
more private contractors. The director of administrative services	617
shall issue and award contracts pursuant to a request for proposal	618
process. In doing so, the director shall consider factors in the	619
interest of consumers, including at least consumer price, service	620
quality, service delivery time, and convenience. The director	621
shall use the director's best efforts to secure as many proposals	622
as possible for each contract to be entered into under division	623
(D) of this section, which shall include the division of the state	624
into independent zones for the purpose of submission of the	625
proposals and awarding of the contracts. Each such zone shall	626
consist of a consolidated metropolitan statistical area or, if	627
such an area does not exist, of a metropolitan statistical area,	628
as defined by the bureau of the census ofin the United States	629
department of commerce.	630

Contracts awarded under division (D) of this section are	631
subject to section 153.012 of the Revised Code. For the purpose of	632
that section, the operation of the motor vehicle inspection and	633
maintenance program is hereby deemed to be a public improvement.	634

The director shall not enter into a contract for the purposes	635
of this section with any person holding a current, valid contract	636
to act as a deputy registrar under section 4503.03 of the Revised	637
Code.	638

A contractor shall be paid from moneys generated by the	639
applicable inspection fee established by the director of	640
environmental protection under division (D)(7) of this section. No	641
general revenue funds shall be used to pay any contractor. A	642
contractor shall assume, or in accordance with a lease required	643
under division (E) of this section shall provide for the	644
assumption of, all initial capital investment costs of the motor	645
vehicle inspection and maintenance program established under this	646
section with regard to the initial inspections and reinspections	647
required to be conducted by a contractor under this section and	648
shall amortize, or in accordance with such a lease shall provide	649
for the amortization of, those costs over the period of the	650
initial contract.	651

(2) The director of administrative services shall require	652
each potential contractor to include as a part of the potential	653
contractor's proposal detailed information concerning, without	654
limitation, all of the following:	655

(a) The financial condition of the potential contractor;

656

(b) Any specialized experience and technical competence of	657
the potential contractor in connection with the type of services	658
required for the program;	659

(c) The potential contractor's past record of performance	660
with other government agencies or public entities and with private	661
industry, including, without limitation, such matters as the	662
ability to meet schedules and the names of persons who will serve	663
as references concerning the quality of the potential contractor's	664
work;	665

(d) The capacity of the potential contractor to perform the	666
work within the specified time limitations;	667

(e) The potential contractor's proposed method and equipment	668
to accomplish the work required;	669

(f) The person from whom the potential contractor proposes to	670
lease real property, including land, buildings, and other	671
structures, necessary for the operation of the program as required	672
in division (E) of this section, including information concerning	673
at least all of the following:	674

(i) Any specialized experience and technical competence of	675
the person;	676

(ii) The person's past record of performance with other	677
government agencies or public entities and with private industry,	678
including the ability to meet schedules;	679

(iii) Names of individuals who will serve as references	680
concerning the quality of the person's work;	681

(iv) The capacity of the person to perform the work within	682
the specified time limitations.	683

(g) The potential contractor's proposed schedule for leasing	684
of inspection sites, equipping of facilities, training of	685
personnel, and implementation of a public education program.	686

Each potential contractor shall include with the potential	687
contractor's proposal a signed statement from the person	688
identified under division (D)(2)(f) of this section indicating	689
that the person understands the applicable requirements	690
established under this section and rules adopted under it and	691
intends to comply with those requirements.	692

(3) The director of administrative services shall require a	693
performance bond of not less than one million dollars. Each	694
proposal shall be accompanied by a letter of commitment from a	695
bonding company stating that if the proposal is accepted, the	696
bonding company will issue such a bond.	697

(4)(a) The director of administrative services shall review	698
all information submitted with proposals under division (D)(2) of	699
this section for compliance with proposal specifications. The	700
director may require any potential contractor to supplement the	701
potential contractor's proposal with oral commentary for	702
clarification of the proposal document and to determine the	703
qualifications of the potential contractor. Any clarification of	704
information included in the proposal also shall be in writing. The	705
director shall reject the proposal of any potential contractor	706
whom the director determines to be unqualified.	707

(b) Although the director may require clarification of	708
information submitted with a proposal in accordance with division	709
(D)(4)(a) of this section, the director shall not change the	710
proposal specifications for a contract following the issuance of	711
the request for proposals for that contract.	712

(5)(a) The director of administrative services shall award	713
has awarded an initial contract for a period of operation of not	714
more than ten years. Except as otherwise provided in division	715
(D)(5)(b) of this section, a contract may be renewed for periods	716
of not more than five years each, by mutual agreement of the	717
director and the contractor. Any contract awarded under division	718
(D)(5)(a) of this section is subject to the approval of the	719
controlling board.	720

(b) If the implementation and supervision of the enhanced	721
motor vehicle inspection and maintenance program in Cuyahoga	722
county is requested under section 3704.142 of the Revised Code and	723
the initial contract for the operation of the motor vehicle	724
inspection and maintenance program in that county is modified to	725
provide for the operation of the enhanced program in that county,	726
the initial contract for the operation of the motor vehicle	727
inspection and maintenance program in that county that is in	728
effect on the effective date of this amendment, as so modified,	729
may be renewed for a period of not more than ten years so that the	730
first renewal of that contract will expire on the same date as the	731
initial contract for the operation of the enhanced program in the	732
other counties in the same nonattainment area as Cuyahoga county.	733
That first renewal shall be made by mutual agreement of the	734
director and the contractor and is subject to the approval of the	735
controlling board. Any subsequent renewals of the contract for the	736
operation of the program in Cuyahoga county are subject to	737
division (D)(5)(a) of this section.	738

(6) A contract entered into under division (D) of this	739
section shall include, without limitation, all of the following	740
provisions:	741

(a) A requirement that the contractor enter into a lease with	742
the person identified in the contractor's proposal under division	743
(D)(2)(f) of this section for real property, including land,	744
buildings, and other structures, necessary for the operation of	745
the program as required in division (E) of this section;	746

(b) A requirement that the contractor provide any equipment,	747
parts, tools, services, personnel, supplies, materials, and	748
program software and software updates, and design and implement a	749
comprehensive public information program, necessary to conduct	750
motor vehicle inspections and reinspections required to be	751
conducted by a contractor under this section and data	752
communication links for reinspection stations licensed under	753
division (C) of this section;	754

(c) A provision allowing reasonable compensation, as	755
determined by the director of environmental protection, as	756
liquidated damages to the contractor if the motor vehicle	757
inspection and maintenance program established under this section	758
is terminated by law or its operation is discontinued during the	759
term of a contract or renewal, including, without limitation,	760
reasonable compensation for the unamortized costs of the	761
buildings, improvements, equipment, parts, tools, services,	762
supplies, and materials used by the contractor in the operation of	763
the program and the value of the remaining term of the contract to	764
the contractor. If a dispute arises as to the amount of the	765
compensation to be paid, it shall be submitted to and determined	766
by the court of claims under Chapter 2743. of the Revised Code.	767
The contractor shall remit any compensation so received for the	768
unamortized costs of the buildings and improvements to the person	769
with whom the contractor has entered into a lease in accordance	770
with division (E) of this section.	771

(d) A provision specifying that the forms for inspection	772
certificates are to be furnished by the contractor to the director	773
of environmental protection and that they shall conform to the	774
standards established by the director of environmental protection	775
in rules adopted under division (B)(1) of this section. The	776
director of environmental protection shall distribute the	777
inspection certificates to reinspection stations licensed under	778
division (C) of this section as needed.	779

(e) A provision allowing the director to require the	780
contractor to upgrade testing equipment in response to	781
improvements in technology and to negotiate reasonable	782
compensation for that upgrading.	783

(7) The director of environmental protection shall establish	784
inspection and reinspection fees to be paid by owners of motor	785
vehicles inspected under this section, provided that an owner	786
shall pay the inspection fee for the initial, annual, or biennial	787
inspection, as appropriate, only if the owner's vehicle passes	788
that inspection. The fees shall be sufficient to provide the	789
contractor's compensation identified in any contract entered into	790
under division (D) of this section plus the costs of the	791
environmental protection agency in implementing and administering	792
the motor vehicle inspection and maintenance program established	793
in this section. The inspection and reinspection fees shall not	794
differ in amount and shall not exceed ten dollars and fifty cents	795
under the basic motor vehicle inspection and maintenance program	796
or twenty-five dollars under the enhanced program. The director,	797
during the term of a contract or renewal, may increase the	798
inspection and reinspection fees if the director determines that	799
it is necessary to cover costs of the program, including increased	800
costs resulting from any upgrading of testing equipment pursuant	801
to division (D)(6)(e) of this section, or to prevent a possible	802
breach of contract, but shall not increase the fees above ten	803
dollars and fifty cents under the basic program or twenty-five	804
dollars under the enhanced program.	805

(8) The contractor shall do both of the following:

806

(a) Collect the fees established under division (D)(7) of	807
this section and forward to the director of environmental	808
protection the portion due the environmental protection agency;	809

(b) Maintain and make available for inspection by the	810
director of environmental protection, the auditor of state, or	811
their authorized representatives accurate records concerning the	812
collection of the fees. For the purposes of division (D)(8)(b) of	813
this section, record-keeping and accounting practices shall be	814
approved by the director. Failure to maintain or falsification of	815
fee collection records is grounds for breach of contract.	816

(9) The director of environmental protection shall credit the	817
moneys the director receives under division (D)(8)(a) of this	818
section to the motor vehicle inspection and maintenance fund	819
created in division (I) of this section.	820

(10) A contractor shall maintain and make available for	821
inspection by the director of environmental protection or the	822
director's authorized representative accurate records as required	823
by rules adopted under this section.	824

(11) If a contractor fails to perform an obligation imposed	825
by the contract entered into under division (D) of this section,	826
the director of environmental protection shall request the	827
attorney general to bring a civil action to recover the amount of	828
the bond executed under division (D)(3) of this section as well as	829
other appropriate relief. The director shall deposit any moneys	830
recovered in such a civil action in the motor vehicle inspection	831
and maintenance fund created in division (I) of this section.	832

(12) The director of environmental protection shall compile	833
and periodically revise lists of reinspection stations licensed	834
under division (C) of this section and located within individual	835
areas that are subject to the basic motor vehicle inspection and	836
maintenance program under this section. Each such list also shall	837
contain the locations of inspection stations operated by a	838
contractor within the applicable area. A contractor shall provide	839
the appropriate list to any owner whose motor vehicle fails the	840
initial inspection required under this section.	841

(13) The director of environmental protection shall compile	842
and periodically revise lists of inspection stations operated by a	843
contractor located within individual areas subject to the enhanced	844
motor vehicle inspection and maintenance program under this	845
section. A contractor shall provide the appropriate list to any	846
owner whose motor vehicle fails the initial inspection required	847
under this section.	848

(14) No owners, officers, or employees of a contractor	849
submitting a proposal or awarded a contract under division (D) of	850
this section shall have a principal interest in the person	851
identified by the contractor under division (D)(2)(f) of this	852
section or in any reinspection station licensed under division (C)	853
of this section.	854

(15) The department of administrative services may issue to	855
the environmental protection agency a release and permit under	856
section 125.06 of the Revised Code pursuant to which that agency	857
may issue and award a contract or contracts under division (D) of	858
this section. If a release and permit is issued, any reference to	859
the director of administrative services under divisions (D) and	860
(E) of this section is deemed to be a reference to the director of	861
environmental protection.	862

(E)(1) Notwithstanding section 3704.01 of the Revised Code,	863
as used in division (E) of this section, "person" has the same	864
meaning as in section 1.59 of the Revised Code.	865

(2) In order to fulfill the requirements of this section and	866
to comply with the "Clean Air Act Amendments," any contractor that	867
is awarded one or more contracts under division (D) of this	868
section shall enter into one or more assignable and renewable	869
leases with another person for the rental and use of real	870
property, including land, buildings, and other structures.	871

(3) The director of administrative services shall require a	872
contractor to make assignments of all leases under which the	873
contractor is lessee for real property to another contractor	874
awarded a contract under division (D) of this section. The	875
director shall require any contractor that is awarded a subsequent	876
contract under that division to renew the lease into which the	877
contractor entered under division (E)(2) of this section, or, if a	878
different contractor is awarded such a subsequent contract, the	879
director shall require that contractor to enter into a lease with	880
the person who was the lessor of the previous contractor.	881

(F)(1)(a) Except as otherwise provided in this section and	882
rules adopted under it, the owner of any self-propelled motor	883
vehicle the district of registration of which is or is located in	884
a county that is subject to this section shall have the vehicle	885
inspected annually, within three hundred sixty-five days prior to	886
the registration deadline established pursuant to rules adopted	887
under section 4503.101 of the Revised Code, by a contractor in	888
accordance with rules adopted under division (B)(3) of this	889
section if that county is subject to the basic motor vehicle	890
inspection and maintenance program pursuant to rules adopted under	891
that division or shall have the vehicle so inspected biennially	892
within three hundred sixty-five days prior to the registration	893
deadline so established if that county is subject to the enhanced	894
program pursuant to those rules. If the district of registration	895
of the motor vehicle is or is located in a county that is subject	896
to the enhanced program pursuant to rules adopted under division	897
(B)(3) of this section, the owner of the motor vehicle shall have	898
it inspected and, if necessary, reinspected only in a county that	899
is subject to the enhanced program under those rules. Any motor	900
vehicle that fails the inspection shall be reinspected in	901
accordance with rules adopted under that division. If the owner's	902
vehicle passes the inspection or any reinspection, the owner, at	903
the time of the inspection or reinspection, shall pay the	904
applicable fee established under division (D)(7) of this section.	905
An	906

An owner of a motor vehicle the district of registration of	907
which is or is located in a county that is subject to the basic	908
program under this section and for which a multi-year registration	909
is in effect under division (A)(1)(a) of section 4503.103 of the	910
Revised Code or rules adopted under it, in each of the years	911
intervening between the year of the issuance of that registration	912
and its expiration, shall have the vehicle inspected annually	913
within the three hundred sixty-five days prior to the anniversary	914
of the registration deadline applicable in the year in which the	915
multi-year registration was issued. An owner of a motor vehicle	916
the district of registration of which is or is located in a county	917
that is subject to the enhanced program under this section for	918
which a multi-year registration is in effect under division	919
(A)(1)(a) of section 4503.103 of the Revised Code or rules adopted	920
under it, biennially during the years intervening between the year	921
of issuance of that registration and its expiration, shall have	922
the vehicle inspected within three hundred sixty-five days prior	923
to each of the biennial anniversaries of the registration deadline	924
applicable in the year in which the multi-year registration was	925
issued. An	926

An owner of a motor vehicle the district of registration of	927
which is or is located in a county that is subject to a basic or	928
enhanced program under this section who has voluntarily chosen to	929
register the vehicle biennially in accordance with division	930
(A)(1)(b) of section 4503.103 of the Revised Code shall have the	931
vehicle inspected annually or biennially, as applicable, in	932
accordance with rules adopted under this section.	933

An owner who registers a motor vehicle after the registration	934
deadline for the vehicle has passed in a year in which the vehicle	935
is required to be inspected under division (F)(1)(a) of this	936
section may have the vehicle inspected at any time between the	937
registration deadline and the actual registration date.	938

Division (F)(1) of this section does not require the	939
inspection of a motor vehicle upon transfer of ownership or	940
possession.	941

Except as otherwise provided in division (F)(3) or (4) of	942
this section, proof that an inspection certificate was issued for	943
a motor vehicle during the previous twelve months shall be	944
provided before the registrar of motor vehicles may issue license	945
plates for that vehicle under section 4503.40 or 4503.42 of the	946
Revised Code.	947

The owner of any motor vehicle that is required to be	948
inspected under this section, but that is leased to another person	949
may require the lessee to have the vehicle inspected and obtain	950
the inspection certificate on behalf of the owner.	951

(b) If a vehicle required to be inspected passes the	952
inspection, the contractor shall give the owner an inspection	953
certificate for the vehicle.	954

(c) The contractor shall include as part of the inspection	955
required under this section a visual anti-tampering inspection	956
that meets the requirements established by rules adopted under	957
division (B)(3) of this section. If the visual anti-tampering	958
inspection indicates that any emission control device has been	959
removed, modified, or impaired, the owner shall have performed on	960
the vehicle whatever repairs are necessary to pass the visual	961
anti-tampering inspection and to restore the vehicle to its proper	962
condition, including, without limitation, the restoration of any	963
emission control device that was removed, modified, or impaired.	964
If the district of registration of the vehicle is or is located in	965
a county that is subject to the basic motor vehicle inspection and	966
maintenance program under this section, the owner then shall take	967
the vehicle to a contractor or a licensee. If the district of	968
registration of the vehicle is or is located in a county that is	969
subject to the enhanced program under this section, the owner then	970
shall take the vehicle to a contractor. If the contractor or	971
licensee determines that the vehicle has been restored to its	972
proper condition and the vehicle then passes the tailpipe	973
emissions inspection required under this section, the contractor	974
or licensee shall give the owner an inspection certificate for the	975
vehicle.	976

(d) Except as otherwise provided in division (F)(1)(f) of	977
this section, if a vehicle required to be inspected under this	978
section fails the inspection, and the contractor's visual	979
anti-tampering inspection conducted under division (F)(1)(c) of	980
this section does not reveal any removal, modification, or	981
impairment of an emission control device or, if the original	982
visual anti-tampering inspection revealed such a removal,	983
modification, or impairment, the vehicle again fails the tailpipe	984
emissions inspection after the owner has performed all necessary	985
repairs to restore the vehicle to its proper condition, the owner	986
shall have the cost of repairs necessary to pass the tailpipe	987
emissions inspection estimated by a repair facility, which cost	988
shall include the cost of an engine tune-up. If the cost of the	989
repairs that are necessary for the vehicle to pass the tailpipe	990
emissions inspection do not exceed the waiver limit for that	991
vehicle, the owner shall have the repairs performed on the	992
vehicle. The owner then shall have the vehicle reinspected by a	993
contractor or licensee.	994

If the vehicle passes the reinspection, the contractor or	995
licensee shall give the owner an inspection certificate for the	996
vehicle. If the vehicle fails the reinspection, and the cost of	997
the repairs already performed on the vehicle is less than the	998
applicable waiver limit, the owner shall have additional repairs	999
performed on the vehicle in order to enable it to pass another	1000
reinspection. If, after repairs costing at least the applicable	1001
waiver limit have been performed on the vehicle under division	1002
(F)(1)(d) of this section, the vehicle fails the reinspection, but	1003
the reinspection indicates an improvement in tailpipe emissions of	1004
the pollutant concerning which the vehicle initially failed the	1005
inspection as specified in rules adopted under division (B)(3) of	1006
this section and if, following the repairs, no emission levels	1007
increase above the standard established by rules adopted under	1008
that division for any pollutant concerning which the vehicle did	1009
not initially fail, the contractor shall give the owner an	1010
inspection certificate for the vehicle that includes a waiver	1011
indicating that the vehicle did not pass the required inspection,	1012
but that the owner had repairs costing at least the applicable	1013
waiver limit performed on the vehicle.	1014

For the purposes of divisions (F)(1)(d) to (f) of this	1015
section, only a contractor may do either of the following:	1016

(i) Issue inspection certificates that include waivers;

1017

(ii) Notwithstanding any provision of those divisions,	1018
conduct reinspections of vehicles the district of registration of	1019
which is or is located in a county that is subject to the enhanced	1020
program under this section.	1021

(e) Except as otherwise provided in division (F)(1)(f) of	1022
this section, if the cost of the repairs that are necessary for	1023
the vehicle to pass the tailpipe emissions inspection is estimated	1024
to be more than the applicable waiver limit, the owner need not	1025
have all of those repairs performed on the vehicle, but shall have	1026
an engine tune-up performed on the vehicle that meets the	1027
standards established by rules adopted under division (B)(3) of	1028
this section as well as any other necessary repairs the cost of	1029
which, together with the cost of the engine tune-up, equals at	1030
least the applicable waiver limit. Upon the owner's presentation	1031
of original repair receipts attesting that repairs costing at	1032
least the applicable waiver limit, including, without limitation,	1033
the engine tune-up required under division (F)(1)(e) of this	1034
section, have been performed on the vehicle, the contractor or	1035
licensee shall reinspect the vehicle to determine the	1036
effectiveness of the required engine tune-up. If the reinspection	1037
indicates an improvement in tailpipe emissions of the pollutant	1038
concerning which the vehicle initially failed the inspection as	1039
specified in rules adopted under division (B)(3) of this section	1040
and if, following the engine tune-up, no emission levels increase	1041
above the standard established by rules adopted under that	1042
division for any pollutant concerning which the vehicle did not	1043
initially fail, the contractor shall give the owner an inspection	1044
certificate for the vehicle that includes a waiver indicating that	1045
the vehicle did not pass the required inspection, but that the	1046
owner complied with all requirements governing waivers.	1047

(f) If a vehicle required to be inspected under this section	1048
fails the inspection, and the contractor's visual anti-tampering	1049
inspection conducted under division (F)(1)(c) of this section does	1050
not reveal any removal, modification, or impairment of an emission	1051
control device or, if the original visual anti-tampering	1052
inspection revealed such a removal, modification, or impairment,	1053
the vehicle again fails the tailpipe emissions inspection after	1054
the owner has performed all necessary repairs to restore the	1055
vehicle to its proper condition, the owner may perform the repairs	1056
necessary for the vehicle to pass the tailpipe emissions	1057
inspection. The owner shall keep a detailed record of the costs	1058
incurred in performing those repairs. After performing repairs on	1059
the vehicle costing not more than the applicable waiver limit, the	1060
owner shall have the vehicle reinspected by the contractor or a	1061
licensee.	1062

If the vehicle passes the reinspection, the contractor or	1063
licensee shall give the owner an inspection certificate for the	1064
vehicle. If the vehicle fails the reinspection and the documented	1065
cost of the repairs performed by the owner is less than the	1066
applicable waiver limit, the owner shall have the cost of repairs	1067
necessary to pass the tailpipe emissions inspection estimated by a	1068
repair facility. The estimate shall include, without limitation,	1069
the cost of an engine tune-up that meets the standards established	1070
by rules adopted under division (B)(3) of this section. If the	1071
cost of the engine tune-up, together with the documented cost of	1072
the repairs performed by the owner, does not exceed the applicable	1073
waiver limit, the owner shall have the engine tune-up performed on	1074
the vehicle as well as any other necessary repairs the cost of	1075
which, together with that documented cost and the cost of the	1076
engine tune-up, equals at least the applicable waiver limit.	1077

If the documented cost of repairs performed by the owner and	1078
the estimated cost of an engine tune-up that meets the standards	1079
established in rules adopted under division (B)(3) of this section	1080
exceed the applicable waiver limit, the owner shall have	1081
additional repairs performed on the vehicle by a repair facility	1082
in order to enable it to pass another reinspection or until a	1083
minimum expenditure equal to the applicable waiver limit is met,	1084
whichever occurs first.	1085

If, after repairs costing at least the applicable waiver	1086
limit have been performed on the vehicle under division (F)(1)(f)	1087
of this section, the vehicle fails the tailpipe reinspection, but	1088
the reinspection indicates an improvement in the tailpipe	1089
emissions of the pollutant concerning which the vehicle initially	1090
failed the inspection as specified in rules adopted under division	1091
(B)(3) of this section and if, following the repairs, no emission	1092
levels increase above the standard established by rules adopted	1093
under that division for any pollutant concerning which the vehicle	1094
did not initially fail, the contractor shall give the owner an	1095
inspection certificate for the vehicle that includes a waiver	1096
indicating that the vehicle did not pass the required inspection,	1097
but that the owner performed or had performed on the vehicle	1098
repairs costing at least the applicable waiver limit.	1099

(g) If a motor vehicle that is required to be inspected under	1100
this section is covered by a valid and unexpired emission	1101
performance warranty as provided under section 207(b) of the	1102
"Clean Air Act Amendments," the owner shall have any repairs	1103
necessary for the vehicle to pass that inspection performed on the	1104
vehicle under that warranty. Such a vehicle is not eligible for a	1105
waiver under division (F)(1)(d), (e), or (f) of this section.	1106

(2) An owner or lessee of a motor vehicle required to be	1107
inspected under this section and applicable rules adopted under it	1108
shall present an inspection certificate issued for that vehicle by	1109
a contractor or a licensee under this section when registering the	1110
vehicle under Chapter 4503. of the Revised Code.	1111

(3) The following motor vehicles are exempt from the	1112
inspection requirements of this section and applicable rules	1113
adopted under it:	1114

(a) Vehicles over twenty-five years old, as determined by	1115
model year, on the date on which proof of an annual inspection	1116
otherwise would be required to be submitted with an application	1117
for registration of the vehicles under this section and Chapter	1118
4503. of the Revised Code;	1119

(b) Vehicles registered to military personnel assigned to	1120
military reservations outside this state, the district of	1121
registration of which is or is located in any county that is	1122
subject to this section;	1123

(c) Passenger cars and noncommercial motor vehicles, as	1124
defined in section 4501.01 of the Revised Code, that weigh over	1125
ten thousand pounds gross vehicle weight;	1126

(d) Commercial cars, as defined in section 4501.01 of the	1127
Revised Code, having a taxable gross vehicle weight of more than	1128
ten thousand pounds as provided in section 4503.042 of the Revised	1129
Code;	1130

(e) Historical vehicles registered under section 4503.181 of	1131
the Revised Code;	1132

(f) Licensed collector's vehicles as defined in section	1133
4501.01 of the Revised Code;	1134

(g) Parade and exhibition vehicles registered under section	1135
4503.18 of the Revised Code;	1136

(h) Motorcycles as defined in section 4511.01 of the Revised	1137
Code;	1138

(i) Electrically powered and alternatively fueled vehicles,	1139
including at least those that are equipped to operate using	1140
primarily one hundred per cent propane, butane, hydrogen, alcohol,	1141
or natural gas as fuel;	1142

(j) Recreational vehicles as defined in section 4501.01 of	1143
the Revised Code.	1144

(4) A motor vehicle, the legal title to which has never been	1145
transferred by a manufacturer, distributor, or dealer to an	1146
ultimate purchaser as defined in section 4517.01 of the Revised	1147
Code, is exempt from the inspection requirements of this section	1148
and rules adopted under it for a period of one year commencing on	1149
the date when the first certificate of title to the vehicle was	1150
issued on behalf of the ultimate purchaser under Chapter 4503. of	1151
the Revised Code if the district of registration of the vehicle is	1152
or is located in a county that is subject to the basic motor	1153
vehicle inspection and maintenance program under this section and	1154
rules adopted under it or is exempt from those inspection	1155
requirements for a period of two years commencing on the date when	1156
the first certificate of title to the vehicle was issued on behalf	1157
of the ultimate purchaser under that chapter if the district of	1158
registration of the vehicle is or is located in a county that is	1159
subject to the enhanced program under this section and rules	1160
adopted under it.	1161

(5) The director shall notify, by mail, the owners of all	1162
motor vehicles, the district of registration of which is or is	1163
located in any county that is subject to this section, of the	1164
applicable requirements established under this section.	1165

(G) The owner of a fleet of twenty-five or more vehicles	1166
required to be inspected under this section, instead of having the	1167
owner's motor vehicles inspected by a contractor or reinspected by	1168
a contractor or a licensee, may conduct self-inspection of those	1169
vehicles in accordance with rules adopted by the director of	1170
environmental protection under this section. The rules shall	1171
establish, without limitation, requirements governing inspections	1172
and reinspections conducted by any such owner, any inspection	1173
stations owned and operated by any such owner for that purpose,	1174
and inspection equipment used for that purpose; an annual	1175
reporting requirement to assist the director in determining	1176
compliance with this division; and the method of and procedures	1177
for payment of a fee that shall not exceed three dollars for each	1178
vehicle that is included in the self-inspection program.	1179

(H) The federal government, the state, any political	1180
subdivision, and any agency or instrumentality of those entities,	1181
in accordance with rules adopted by the director of environmental	1182
protection under this section, shall have inspected by a	1183
contractor or reinspected by a contractor or a licensee or shall	1184
self-inspect any motor vehicles that they own and operate in any	1185
county that is subject to this section. The director shall adopt	1186
rules under this section for the purposes of this division. The	1187
rules shall establish, without limitation, an annual reporting	1188
requirement to assist the director in determining compliance with	1189
this division. The director may issue a notice of violation to a	1190
governmental entity that the director finds has violated any	1191
specific prohibition or has failed to comply with any affirmative	1192
requirement of this section or any rule adopted under it. The	1193
notice of violation shall set forth the specific violation or	1194
failure to comply allegedly committed by the governmental entity	1195
and shall be accompanied by an order requiring the governmental	1196
entity to pay to the director the appropriate civil penalty	1197
prescribed in this division. A governmental entity that receives a	1198
notice of violation and order under this division for a violation	1199
or failure to comply is liable for a civil penalty of two hundred	1200
fifty dollars. The director may request the attorney general to	1201
take appropriate action to effect compliance. Notwithstanding	1202
division (A) of this section, as used in this division, "motor	1203
vehicle" has the same meaning as in section 4511.01 of the Revised	1204
Code.	1205

(I) There is hereby created in the state treasury the motor	1206
vehicle inspection and maintenance fund, which shall consist of	1207
moneys received by the director under this section and section	1208
3704.17 of the Revised Code. The director shall use moneys in the	1209
fund solely for administration, supervision, and enforcement of	1210
the program established under this section and rules adopted under	1211
it and public education concerning the program.	1212

(J) The director periodically shall review the information	1213
submitted to the director by licensed reinspection stations	1214
pursuant to rules adopted under division (C)(6) of this section,	1215
information submitted to the director by any contractor under	1216
division (D)(10) of this section, annual reports submitted by	1217
motor vehicle fleet owners under division (G) of this section and	1218
rules adopted under that division, and the list of motor vehicles	1219
for which multi-year registrations are in effect provided to the	1220
director under division (I)(2)(b) of section 4503.10 of the	1221
Revised Code, as necessary to determine whether owners of motor	1222
vehicles who have obtained multi-year registrations under section	1223
4503.103 of the Revised Code or rules adopted under it have	1224
complied with the requirement of division (F)(1)(a) of this	1225
section to have their vehicles inspected and obtain inspection	1226
certificates for them annually or biennially, whichever is	1227
applicable. If the director finds from that information that, in a	1228
year intervening between the years of issuance and expiration of a	1229
multi-year registration in which an owner is required to have a	1230
vehicle inspected and obtain an inspection certificate for it	1231
under that division, the owner has not done so within the	1232
applicable three hundred sixty-five day period, the director	1233
immediately shall send written notice of that fact to the	1234
registrar of motor vehicles. Upon receipt of information submitted	1235
pursuant to rules adopted under division (C)(6) of this section,	1236
information submitted under division (D)(10) of this section, or	1237
the annual report of a fleet owner submitted pursuant to rules	1238
adopted under division (G) of this section indicating that an	1239
owner who was the subject of an earlier notice to the registrar	1240
under this division has had the vehicle named in the notice	1241
inspected and has obtained an inspection certificate for it in	1242
compliance with division (F)(1)(a) of this section, the director	1243
immediately shall send written notice of that fact to the	1244
registrar.	1245

(K)(1)(a) If a redesignation request demonstrating compliance	1246
with the national ambient air quality standard for carbon monoxide	1247
or ozone in a county designated as nonattainment for carbon	1248
monoxide or ozone and demonstrating that operation of a motor	1249
vehicle inspection and maintenance program is not necessary for	1250
attainment and maintenance of those standards in that county has	1251
been submitted to and is pending before the United States	1252
environmental protection agency under the "Clean Air Act	1253
Amendments," and if no release and permit has been issued to the	1254
environmental protection agency under division (D)(14)(15) of this	1255
section and section 125.06 of the Revised Code, the director of	1256
environmental protection may submit a written request to the	1257
director of administrative services to indefinitely delay the	1258
issuance of a request for proposals or the award of a contract	1259
under division (D) of this section for the operation of a motor	1260
vehicle inspection and maintenance program in that county or, if	1261
such a request for proposals has been issued under that division,	1262
to withdraw it. Upon receipt of such a written request from the	1263
director of environmental protection, the director of	1264
administrative services shall take the requested actions.	1265

(b) If a release and permit has been issued to the	1266
environmental protection agency under division (D)(14)(15) of this	1267
section and section 125.06 of the Revised Code, the director of	1268
environmental protection may indefinitely delay the issuance of a	1269
request for proposals and award of a contract under division (D)	1270
of this section for the operation of a motor vehicle inspection	1271
and maintenance program or may withdraw any such request that has	1272
been issued under that division in connection with a county for	1273
which a redesignation request making the demonstrations described	1274
in division (K)(1)(a) of this section has been submitted to and is	1275
pending before the United States environmental protection agency	1276
under the "Clean Air Act Amendments."	1277

(c) If no release and permit has been issued to the	1278
environmental protection agency under division (D)(14)(15) of this	1279
section and section 125.06 of the Revised Code, the director of	1280
environmental protection may submit a written request to the	1281
director of administrative services to proceed with the issuance	1282
of a request for proposals and the award of a contract for the	1283
operation of a motor vehicle inspection and maintenance program	1284
under division (D) of this section in a county for which a	1285
redesignation request described in division (K)(1)(a) of this	1286
section was submitted to the United States environmental	1287
protection agency or, if such a release and permit has been issued	1288
to the environmental protection agency, the director of	1289
environmental protection may proceed with the issuance of such a	1290
request under either of the following circumstances:	1291

(i) Upon disapproval of the redesignation request by the	1292
United States environmental protection agency;	1293

(ii) Upon approval of the redesignation request by the United	1294
States environmental protection agency if the director of	1295
environmental protection determines that operation of a motor	1296
vehicle inspection and maintenance program in the county is	1297
necessary to protect and maintain compliance with the national	1298
ambient air quality standard for carbon monoxide or ozone in the	1299
county.	1300

If no such release and permit has been issued to the	1301
environmental protection agency, the director of administrative	1302
services, upon receipt of a written request from the director of	1303
environmental protection under division (K)(1)(c) of this section,	1304
shall take the requested actions.	1305

(2) If at any time air quality monitoring data in any county	1306
where a motor vehicle inspection and maintenance program is	1307
required under this section and rules adopted under it demonstrate	1308
that that county has attained and maintained compliance for three	1309
consecutive years with the national ambient air quality standard	1310
for carbon monoxide or ozone under the "Clean Air Act Amendments,"	1311
the director, at the earliest possible date, shall prepare and	1312
submit to the administrator of the United States environmental	1313
protection agency a demonstration that such attainment has been so	1314
achieved and maintained in that county. If the administrator	1315
approves the director's submittal as demonstrating that compliance	1316
with the national ambient air quality standard for carbon monoxide	1317
or ozone under that act has been achieved and maintained in the	1318
county and if the director determines that continued operation of	1319
a motor vehicle inspection and maintenance program in the county	1320
is not necessary to protect and maintain compliance with the	1321
national ambient air quality standard for carbon monoxide or	1322
ozone, the director may rescind the rules adopted under division	1323
(B) of this section requiring implementation and operation of the	1324
program in that county. A rescission shall take effect in such a	1325
county on the date of the expiration of the contract or renewal	1326
thereof provided for in division (D) of this section that next	1327
succeeds the administrator's approval of the demonstration in that	1328
county.	1329

(L) There is hereby created the motor vehicle inspection and	1330
maintenance program legislative oversight committee, which shall	1331
be comprised of six members. The speaker of the house of	1332
representatives shall appoint three members of the house of	1333
representatives to the committee, not more than two of whom shall	1334
be from any one political party, and the president of the senate	1335
shall appoint three members of the senate to the committee, not	1336
more than two of whom shall be from any one political party. Each	1337
member shall serve at the pleasure of the member's appointing	1338
authority. During the first year of any legislative session, the	1339
chairmanchairperson of the committee shall be a member from the	1340
house of representatives and the vice-chairmanvice-chairperson	1341
shall be a member from the senate, as designated by their	1342
appointing authorities. During the second year of any legislative	1343
session, the chairmanchairperson shall be a member from the	1344
senate and the vice-chairmanvice-chairperson shall be a member	1345
from the house of representatives, as designated by their	1346
appointing authorities.	1347

The committee shall monitor the motor vehicle inspection and	1348
maintenance program established under this section and, in doing	1349
so, shall work in complete cooperation with the Ohio environmental	1350
protection agency and the United States environmental protection	1351
agency. The former agency shall provide to the committee any data,	1352
reports, and other information and materials requested by the	1353
committee.	1354

The director shall notify the committee whenever the program	1355
established under this section is required to be implemented in a	1356
county because of a change in that county's nonattainment	1357
classification under the "Clean Air Act Amendments" or if an	1358
enhanced program is required to be implemented in a county under	1359
section 3704.142 of the Revised Code.	1360

If at any time the program established under this section is	1361
terminated, the committee shall cease to exist on the date of	1362
termination.	1363

(M) Implementation of the motor vehicle inspection and	1364
maintenance program established under this section is an essential	1365
state function mandated by the "Clean Air Act Amendments." The	1366
director or the director's authorized representative may perform	1367
essential governmental duties that are necessary to implement the	1368
program properly within any county that is subject to this	1369
section, including at least the placement of directional traffic	1370
signs to assist citizens in finding inspection stations. The	1371
director or the director's authorized representative need not	1372
comply with any applicable ordinances or resolutions of any	1373
political subdivisions if that compliance would prevent the	1374
director or the director's authorized representative from	1375
performing any such essential governmental duties.	1376

Sec. 3704.143. (A) As used in this section, "contract" means	1377
a contract entered into by the state under section 3704.14 of the	1378
Revised Code with a private contractor for the purpose of	1379
conducting emissions inspections under a motor vehicle inspection	1380
and maintenance program.	1381

(B) Notwithstanding division (D)(5) of section 3704.14 of the	1382
Revised Code, the director of administrative services or the	1383
director of environmental protection, as applicable, shall not	1384
renew any contract that is in existence on the effective date of	1385
this sectionSeptember 5, 2001. Further, the director of	1386
administrative services or the director of environmental	1387
protection, as applicable, shall not enter into a new contract	1388
upon the expiration or termination of any contract that is in	1389
existence on the effective date of this sectionSeptember 5, 2001,	1390
or enter into any new contract for the implementation of a motor	1391
vehicle inspection and maintenance program in a county in which	1392
such a program is not operating on that date.	1393

(C) Notwithstanding section 3704.14 of the Revised Code or	1394
any other section of the Revised Code that requires emissions	1395
inspections to be conducted or proof of such inspections to be	1396
provided, upon the expiration or termination of all contracts that	1397
are in existence on the effective date of this sectionSeptember	1398
5, 2001, the director of environmental protection shall terminate	1399
all motor vehicle inspection and maintenance programs in this	1400
state and shall not implement a new motor vehicle inspection and	1401
maintenance program unless this section is repealed and such a	1402
program is authorized by the general assembly.	1403

(D) Notwithstanding section 3704.14 of the Revised Code or	1404
any other section of the Revised Code that requires emissions	1405
inspections to be conducted or proof of such inspections to be	1406
provided, if the general assembly authorizes any program for the	1407
inspection of motor vehicle emissions under division (C) of this	1408
section after all contracts for a motor vehicle inspection and	1409
maintenance program that are in existence on September 5, 2001,	1410
terminate or expire, a motor vehicle, the legal title to which has	1411
never been transferred by a manufacturer, distributor, or dealer	1412
to an ultimate purchaser as defined in section 4517.01 of the	1413
Revised Code, shall be exempt from any emissions inspections that	1414
are required under such a program for a period of five years	1415
commencing on the date when the first certificate of title to the	1416
vehicle was issued on behalf of the ultimate purchaser under	1417
Chapter 4503. of the Revised Code. A motor vehicle that is exempt	1418
from any emissions inspections for a period of five years under	1419
this division shall remain exempt during that five-year period	1420
regardless of whether legal title to the motor vehicle is	1421
transferred during that period.	1422

Sec. 4501.10.  (A) Except as provided in divisiondivisions	1423
(B) and (C) of this section, money received by the department of	1424
public safety from the sale of motor vehicles and related	1425
equipment pursuant to section 125.13 of the Revised Code shall be	1426
transferred to the highway safety salvage and exchange	1427
administration fund or highway safety salvage and exchange highway	1428
patrol fund, as appropriate. Such funds are hereby created in the	1429
state treasury. The money shall be used only to purchase	1430
replacement motor vehicles and related equipment. All investment	1431
earnings of these funds shall be credited to the funds,	1432
respectively.	1433

(B) Money received by the department of public safety from	1434
the sale of motor vehicles and related equipment of the bureau of	1435
motor vehicles pursuant to section 125.13 of the Revised Code	1436
shall be transferred to the state bureau of motor vehicles fund	1437
created by section 4501.25 of the Revised Code.	1438

(C) Money received by the department of public safety	1439
investigative unit established under section 5502.13 of the	1440
Revised Code from the sale of motor vehicles and other equipment	1441
pursuant to section 125.13 of the Revised Code shall be deposited	1442
into the public safety investigative unit salvage and exchange	1443
fund, which is hereby created in the state treasury. The money in	1444
the fund shall be used only to purchase replacement motor vehicles	1445
and other equipment for that unit.	1446

Sec. 4501.21.  (A) There is hereby created in the state	1447
treasury the license plate contribution fund. The fund shall	1448
consist of all contributions paid by motor vehicle registrants and	1449
collected by the registrar of motor vehicles pursuant to sections	1450
4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68,	1451
4503.69, 4503.71, 4503.711, 4503.72, 4503.73, and 4503.75 of the	1452
Revised Code.	1453

(B) The registrar shall disburse the contributions the	1454
registrar collects in the fund as follows:	1455

(1) The registrar shall pay the contributions the registrar	1456
receives pursuant to section 4503.50 of the Revised Code to the	1457
future farmers of America foundation, which shall deposit the	1458
contributions into its general account to be used for educational	1459
and scholarship purposes of the future farmers of America	1460
foundation.	1461

(2) The registrar shall pay each contribution the registrar	1462
receives pursuant to section 4503.51 of the Revised Code to the	1463
university or college whose name or marking or design appears on	1464
collegiate license plates that are issued to a person under that	1465
section. A university or college that receives contributions from	1466
the fund shall deposit the contributions into its general	1467
scholarship fund.	1468

(3) The registrar shall pay the contributions the registrar	1469
receives pursuant to section 4503.55 of the Revised Code to the	1470
pro football hall of fame, which shall deposit the contributions	1471
into a special bank account that it establishes and which shall be	1472
separate and distinct from any other account the pro football hall	1473
of fame maintains, to be used exclusively for the purpose of	1474
promoting the pro football hall of fame as a travel destination.	1475

(4) The registrar shall pay the contributions the registrar	1476
receives pursuant to section 4503.561 of the Revised Code to the	1477
state of Ohio chapter of ducks unlimited, inc., which shall	1478
deposit the contributions into a special bank account that it	1479
establishes. The special bank account shall be separate and	1480
distinct from any other account the state of Ohio chapter of ducks	1481
unlimited, inc., maintains and shall be used exclusively for the	1482
purpose of protecting, enhancing, restoring, and managing wetlands	1483
and conserving wildlife habitat. The state of Ohio chapter of	1484
ducks unlimited, inc., annually shall notify the registrar in	1485
writing of the name, address, and account to which payments are to	1486
be made under division (B)(4) of this section.	1487

(5) The registrar shall pay to a sports commission created	1488
pursuant to section 4503.591 of the Revised Code each contribution	1489
the registrar receives under section 4503.591 of the Revised Code	1490
that an applicant pays to obtain license plates that bear the logo	1491
of a professional sports team located in the county of that sports	1492
commission and that is participating in the license plate program	1493
established by section 4503.591 of the Revised Code, irrespective	1494
of the county of residence of an applicant.	1495

(6) The registrar shall pay the contributions the registrar	1496
receives pursuant to section 4503.67 of the Revised Code to the	1497
Dan Beard council of the boy scouts of America. The council shall	1498
distribute all contributions in an equitable manner throughout the	1499
state to regional councils of the boy scouts.	1500

(7) The registrar shall pay the contributions the registrar	1501
receives pursuant to section 4503.68 of the Revised Code to the	1502
great river council of the girl scouts of the United States of	1503
America. The council shall distribute all contributions in an	1504
equitable manner throughout the state to regional councils of the	1505
girl scouts.	1506

(8) The registrar shall pay the contributions the registrar	1507
receives pursuant to section 4503.69 of the Revised Code to the	1508
Dan Beard council of the boy scouts of America. The council shall	1509
distribute all contributions in an equitable manner throughout the	1510
state to regional councils of the boy scouts.	1511

(9) The registrar shall pay the contributions the registrar	1512
receives pursuant to section 4503.71 of the Revised Code to the	1513
fraternal order of police of Ohio, incorporated, which shall	1514
deposit the fees into its general account to be used for purposes	1515
of the fraternal order of police of Ohio, incorporated.	1516

(10) The registrar shall pay the contributions the registrar	1517
receives pursuant to section 4503.711 of the Revised Code to the	1518
fraternal order of police of Ohio, incorporated, which shall	1519
deposit the contributions into an account that it creates to be	1520
used for the purpose of advancing and protecting the law	1521
enforcement profession, promoting improved law enforcement	1522
methods, and teaching respect for law and order.	1523

(11) The registrar shall pay the contributions the registrar	1524
receives pursuant to section 4503.72 of the Revised Code to the	1525
organization known on the effective date of this section as the	1526
Ohio CASA/GAL association, a private, nonprofit corporation	1527
organized under Chapter 1702. of the Revised Code. The Ohio	1528
CASA/GAL association shall use these contributions to pay the	1529
expenses it incurs in administering a program to secure the proper	1530
representation in the courts of this state of abused, neglected,	1531
and dependent children, and for the training and supervision of	1532
persons participating in that program.	1533

(12) The registrar shall pay the contributions the registrar	1534
receives pursuant to section 4503.73 of the Revised Code to Wright	1535
B. Flyer, incorporated, which shall deposit the contributions into	1536
its general account to be used for purposes of Wright B. Flyer,	1537
incorporated.	1538

(13) The registrar shall pay the contributions the registrar	1539
receives pursuant to section 4503.75 of the Revised Code to the	1540
rotary foundation, located on the effective date of this section	1541
in Evanston, Illinois, to be placed in a fund known as the	1542
permanent fund and used to endow educational and humanitarian	1543
programs of the rotary foundation.	1544

(C) All investment earnings of the license plate contribution	1545
fund shall be credited to the fund. Not later than the first day	1546
of May of every year, the registrar shall distribute to each	1547
entity described in divisions (B)(1) to (13) of this section the	1548
investment income the fund earned the previous calendar year. The	1549
amount of such a distribution paid to an entity shall be	1550
proportionate to the amount of money the entity received from the	1551
fund during the previous calendar year.	1552

Sec. 4503.10.  (A) The owner of every snowmobile, off-highway	1553
motorcycle, and all-purpose vehicle required to be registered	1554
under section 4519.02 of the Revised Code shall file an	1555
application for registration under section 4519.03 of the Revised	1556
Code. The owner of a motor vehicle, other than a snowmobile,	1557
off-highway motorcycle, or all-purpose vehicle, that is not	1558
designed and constructed by the manufacturer for operation on a	1559
street or highway may not register it under this chapter except	1560
upon certification of inspection pursuant to section 4513.02 of	1561
the Revised Code by the sheriff, or the chief of police of the	1562
municipal corporation or township, with jurisdiction over the	1563
political subdivision in which the owner of the motor vehicle	1564
resides. Except as provided in section 4503.103 of the Revised	1565
Code, every owner of every other motor vehicle not previously	1566
described in this section and every person mentioned as owner in	1567
the last certificate of title of a motor vehicle that is operated	1568
or driven upon the public roads or highways shall cause to be	1569
filed each year, by mail or otherwise, in the office of the	1570
registrar of motor vehicles or a deputy registrar, a written or	1571
electronic application or a preprinted registration renewal notice	1572
issued under section 4503.102 of the Revised Code, the form of	1573
which shall be prescribed by the registrar, for registration for	1574
the following registration year, which shall begin on the first	1575
day of January of every calendar year and end on the thirty-first	1576
day of December in the same year. Applications for registration	1577
and registration renewal notices shall be filed at the times	1578
established by the registrar pursuant to section 4503.101 of the	1579
Revised Code. A motor vehicle owner also may elect to apply for or	1580
renew a motor vehicle registration by electronic means using	1581
electronic signature in accordance with rules adopted by the	1582
registrar. Except as provided in division (J) of this section,	1583
applications for registration shall be made on blanks furnished by	1584
the registrar for that purpose, containing the following	1585
information:	1586

(1) A brief description of the motor vehicle to be	1587
registered, including the name of the manufacturer, the factory	1588
number of the vehicle, the year's model, and, in the case of	1589
commercial cars, the gross weight of the vehicle fully equipped	1590
computed in the manner prescribed in section 4503.08 of the	1591
Revised Code;	1592

(2) The name and residence address of the owner, and the	1593
township and municipal corporation in which the owner resides;	1594

(3) The district of registration, which shall be determined	1595
as follows:	1596

(a) In case the motor vehicle to be registered is used for	1597
hire or principally in connection with any established business or	1598
branch business, conducted at a particular place, the district of	1599
registration is the municipal corporation in which that place is	1600
located or, if not located in any municipal corporation, the	1601
county and township in which that place is located.	1602

(b) In case the vehicle is not so used, the district of	1603
registration is the municipal corporation or county in which the	1604
owner resides at the time of making the application.	1605

(4) Whether the motor vehicle is a new or used motor vehicle;

1606

(5) The date of purchase of the motor vehicle;

1607

(6) Whether the fees required to be paid for the registration	1608
or transfer of the motor vehicle, during the preceding	1609
registration year and during the preceding period of the current	1610
registration year, have been paid. Each application for	1611
registration shall be signed by the owner, either manually or by	1612
electronic signature, or pursuant to obtaining a limited power of	1613
attorney authorized by the registrar for registration, or other	1614
document authorizing such signature. If the owner elects to apply	1615
for or renew the motor vehicle registration with the registrar by	1616
electronic means, the owner's manual signature is not required.	1617

(7) The owner's social security number, if assigned, or,	1618
where a motor vehicle to be registered is used for hire or	1619
principally in connection with any established business, the	1620
owner's federal taxpayer identification number. The bureau of	1621
motor vehicles shall retain in its records all social security	1622
numbers provided under this section, but the bureau shall not	1623
place social security numbers on motor vehicle certificates of	1624
registration.	1625

(B) Each time an applicant first registers a motor vehicle in	1626
the applicant's name, the applicant shall present for inspection a	1627
physical certificate of title or a memorandum certificate showing	1628
title to the motor vehicle to be registered in the name of the	1629
applicant if a physical certificate of title or memorandum	1630
certificate has been issued by a clerk of a court of common pleas.	1631
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised	1632
Code, a clerk instead has issued an electronic certificate of	1633
title for the applicant's motor vehicle, that certificate may be	1634
presented for inspection at the time of first registration in a	1635
manner prescribed by rules adopted by the registrar. When a motor	1636
vehicle inspection and maintenance program is in effect under	1637
section 3704.14 of the Revised Code and rules adopted under it,	1638
each application for registration for a vehicle required to be	1639
inspected under that section and those rules shall be accompanied	1640
by an inspection certificate for the motor vehicle issued in	1641
accordance with that section. The application shall be refused if	1642
any of the following applies:	1643

(1) The application is not in proper form.

1644

(2) The application is prohibited from being accepted by	1645
division (D) of section 2935.27, division (A) of section 2937.221,	1646
division (A) of section 4503.13, division (B) of section 4507.168,	1647
or division (B)(1) of section 4521.10 of the Revised Code.	1648

(3) A certificate of title or memorandum certificate of title	1649
does not accompany the application or, in the case of an	1650
electronic certificate of title, is not presented in a manner	1651
prescribed by the registrar's rules.	1652

(4) All registration and transfer fees for the motor vehicle,	1653
for the preceding year or the preceding period of the current	1654
registration year, have not been paid.	1655

(5) The owner or lessee does not have an inspection	1656
certificate for the motor vehicle as provided in section 3704.14	1657
of the Revised Code, and rules adopted under it, if that section	1658
is applicable.	1659

This section does not require the payment of license or	1660
registration taxes on a motor vehicle for any preceding year, or	1661
for any preceding period of a year, if the motor vehicle was not	1662
taxable for that preceding year or period under sections 4503.02,	1663
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	1664
Revised Code. When a certificate of registration is issued upon	1665
the first registration of a motor vehicle by or on behalf of the	1666
owner, the official issuing the certificate shall indicate the	1667
issuance with a stamp on the certificate of title or memorandum	1668
certificate or, in the case of an electronic certificate of title,	1669
an electronic stamp or other notation as specified in rules	1670
adopted by the registrar, and with a stamp on the inspection	1671
certificate for the motor vehicle, if any. The official also shall	1672
indicate, by a stamp or by other means the registrar prescribes,	1673
on the registration certificate issued upon the first registration	1674
of a motor vehicle by or on behalf of the owner the odometer	1675
reading of the motor vehicle as shown in the odometer statement	1676
included in or attached to the certificate of title. Upon each	1677
subsequent registration of the motor vehicle by or on behalf of	1678
the same owner, the official also shall so indicate the odometer	1679
reading of the motor vehicle as shown on the immediately preceding	1680
certificate of registration.	1681

The registrar shall include in the permanent registration	1682
record of any vehicle required to be inspected under section	1683
3704.14 of the Revised Code the inspection certificate number from	1684
the inspection certificate that is presented at the time of	1685
registration of the vehicle as required under this division.	1686

(C)(1) Commencing with each registration renewal with an	1687
expiration date on or after October 1, 2003, and for each initial	1688
application for registration received on and after that date, the	1689
registrar and each deputy registrar shall collect an additional	1690
fee of eleven dollars for each application for registration and	1691
registration renewal received. The additional fee is for the	1692
purpose of defraying the department of public safety's costs	1693
associated with the administration and enforcement of the motor	1694
vehicle and traffic laws of Ohio. Each deputy registrar shall	1695
transmit the fees collected under division (C)(1) of this section	1696
in the time and manner provided in this section. The registrar	1697
shall deposit all moneys received under division (C)(1) of this	1698
section into the state highway safety fund established in section	1699
4501.06 of the Revised Code.	1700

(2) In addition, a charge of twenty-five cents shall be made	1701
for each reflectorized safety license plate issued, and a single	1702
charge of twenty-five cents shall be made for each county	1703
identification sticker or each set of county identification	1704
stickers issued, as the case may be, to cover the cost of	1705
producing the license plates and stickers, including material,	1706
manufacturing, and administrative costs. Those fees shall be in	1707
addition to the license tax. If the total cost of producing the	1708
plates is less than twenty-five cents per plate, or if the total	1709
cost of producing the stickers is less than twenty-five cents per	1710
sticker or per set issued, any excess moneys accruing from the	1711
fees shall be distributed in the same manner as provided by	1712
section 4501.04 of the Revised Code for the distribution of	1713
license tax moneys. If the total cost of producing the plates	1714
exceeds twenty-five cents per plate, or if the total cost of	1715
producing the stickers exceeds twenty-five cents per sticker or	1716
per set issued, the difference shall be paid from the license tax	1717
moneys collected pursuant to section 4503.02 of the Revised Code.	1718

(D) Each deputy registrar shall be allowed a fee of two	1719
dollars and seventy-five cents commencing on July 1, 2001, three	1720
dollars and twenty-five cents commencing on January 1, 2003, and	1721
three dollars and fifty cents commencing on January 1, 2004, for	1722
each application for registration and registration renewal notice	1723
the deputy registrar receives, which shall be for the purpose of	1724
compensating the deputy registrar for the deputy registrar's	1725
services, and such office and rental expenses, as may be necessary	1726
for the proper discharge of the deputy registrar's duties in the	1727
receiving of applications and renewal notices and the issuing of	1728
registrations.	1729

(E) Upon the certification of the registrar, the county	1730
sheriff or local police officials shall recover license plates	1731
erroneously or fraudulently issued.	1732

(F) Each deputy registrar, upon receipt of any application	1733
for registration or registration renewal notice, together with the	1734
license fee and any local motor vehicle license tax levied	1735
pursuant to Chapter 4504. of the Revised Code, shall transmit that	1736
fee and tax, if any, in the manner provided in this section,	1737
together with the original and duplicate copy of the application,	1738
to the registrar. The registrar, subject to the approval of the	1739
director of public safety, may deposit the funds collected by	1740
those deputies in a local bank or depository to the credit of the	1741
"state of Ohio, bureau of motor vehicles." Where a local bank or	1742
depository has been designated by the registrar, each deputy	1743
registrar shall deposit all moneys collected by the deputy	1744
registrar into that bank or depository not more than one business	1745
day after their collection and shall make reports to the registrar	1746
of the amounts so deposited, together with any other information,	1747
some of which may be prescribed by the treasurer of state, as the	1748
registrar may require and as prescribed by the registrar by rule.	1749
The registrar, within three days after receipt of notification of	1750
the deposit of funds by a deputy registrar in a local bank or	1751
depository, shall draw on that account in favor of the treasurer	1752
of state. The registrar, subject to the approval of the director	1753
and the treasurer of state, may make reasonable rules necessary	1754
for the prompt transmittal of fees and for safeguarding the	1755
interests of the state and of counties, townships, municipal	1756
corporations, and transportation improvement districts levying	1757
local motor vehicle license taxes. The registrar may pay service	1758
charges usually collected by banks and depositories for such	1759
service. If deputy registrars are located in communities where	1760
banking facilities are not available, they shall transmit the fees	1761
forthwith, by money order or otherwise, as the registrar, by rule	1762
approved by the director and the treasurer of state, may	1763
prescribe. The registrar may pay the usual and customary fees for	1764
such service.	1765

(G) This section does not prevent any person from making an	1766
application for a motor vehicle license directly to the registrar	1767
by mail, by electronic means, or in person at any of the	1768
registrar's offices, upon payment of a service fee of two dollars	1769
and seventy-five cents commencing on July 1, 2001, three dollars	1770
and twenty-five cents commencing on January 1, 2003, and three	1771
dollars and fifty cents commencing on January 1, 2004, for each	1772
application.	1773

(H) No person shall make a false statement as to the district	1774
of registration in an application required by division (A) of this	1775
section. Violation of this division is falsification under section	1776
2921.13 of the Revised Code and punishable as specified in that	1777
section.	1778

(I)(1) Where applicable, the requirements of division (B) of	1779
this section relating to the presentation of an inspection	1780
certificate issued under section 3704.14 of the Revised Code and	1781
rules adopted under it for a motor vehicle, the refusal of a	1782
license for failure to present an inspection certificate, and the	1783
stamping of the inspection certificate by the official issuing the	1784
certificate of registration apply to the registration of and	1785
issuance of license plates for a motor vehicle under sections	1786
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	1787
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	1788
4503.47, and 4503.51 of the Revised Code.	1789

(2)(a) The registrar shall adopt rules ensuring that each	1790
owner registering a motor vehicle in a county where a motor	1791
vehicle inspection and maintenance program is in effect under	1792
section 3704.14 of the Revised Code and rules adopted under it	1793
receives information about the requirements established in that	1794
section and those rules and about the need in those counties to	1795
present an inspection certificate with an application for	1796
registration or preregistration.	1797

(b) Upon request, the registrar shall provide the director of	1798
environmental protection, or any person that has been awarded a	1799
contract under division (D) of section 3704.14 of the Revised	1800
Code, an on-line computer data link to registration information	1801
for all passenger cars, noncommercial motor vehicles, and	1802
commercial cars that are subject to that section. The registrar	1803
also shall provide to the director of environmental protection a	1804
magnetic data tape containing registration information regarding	1805
passenger cars, noncommercial motor vehicles, and commercial cars	1806
for which a multi-year registration is in effect under section	1807
4503.103 of the Revised Code or rules adopted under it, including,	1808
without limitation, the date of issuance of the multi-year	1809
registration, the registration deadline established under rules	1810
adopted under section 4503.101 of the Revised Code that was	1811
applicable in the year in which the multi-year registration was	1812
issued, and the registration deadline for renewal of the	1813
multi-year registration.	1814

(J) Application for registration under the international	1815
registration plan, as set forth in sections 4503.60 to 4503.66 of	1816
the Revised Code, shall be made to the registrar on forms	1817
furnished by the registrar. In accordance with international	1818
registration plan guidelines and pursuant to rules adopted by the	1819
registrar, the forms shall include the following:	1820

(1) A uniform mileage schedule;

1821

(2) The gross vehicle weight of the vehicle or combined gross	1822
vehicle weight of the combination vehicle as declared by the	1823
registrant;	1824

(3) Any other information the registrar requires by rule.

1825

Sec. 4503.101.  (A) The registrar of motor vehicles shall	1826
adopt rules to establish a system of motor vehicle registration	1827
based upon the type of vehicle to be registered, the type of	1828
ownership of the vehicle, the class of license plate to be issued,	1829
and any other factor the registrar determines to be relevant.	1830
Except for commercial cars, buses, trailers, and semitrailers	1831
taxed under section 4503.042 of the Revised Code; except for	1832
rental vehicles owned by motor vehicle renting dealers; and except	1833
as otherwise provided by rule, motor vehicles owned by an	1834
individual shall be registered based upon the motor vehicle	1835
owner's date of birth. Beginning with the 19892004 registration	1836
year, the registrar shall assign motor vehicles to the	1837
registration periods established by rules adopted under this	1838
section.	1839

(B) The registrar shall adopt rules to permit motor vehicle	1840
owners residing together at one address to select the date of	1841
birth of any one of the owners as the date to register any or all	1842
of the vehicles at that residence address, as shown in the records	1843
of the bureau of motor vehicles.	1844

(C) The registrar shall adopt rules to assign and reassign	1845
all commercial cars, buses, trailers, and semitrailers taxed under	1846
section 4503.042 of the Revised Code and all rental vehicles owned	1847
by motor vehicle renting dealers to a system of registration so	1848
that the registrations of approximately one-twelfth of all such	1849
vehicles expire on the last day of each month of a calendar year.	1850
To effect a reassignment from the registration period in effect on	1851
the effective date of this amendment to the new registration	1852
periods established by the rules adopted under this section as	1853
amended, the rules may require the motor vehicle to be registered	1854
for more or less than a twelve-month period at the time the motor	1855
vehicle's registration is subject to its initial renewal following	1856
the effective date of such rules. If necessary to effect an	1857
efficient transition, the rules may provide that the registration	1858
reassignments take place over two consecutive registration	1859
periods. The registration taxes to be charged shall be determined	1860
by the registrar on the basis of the annual tax otherwise due on	1861
the motor vehicle, prorated in accordance with the number of	1862
months for which the motor vehicle is registered, except that the	1863
fee established by division (E) of section 4503.042 or division	1864
(C)(1) of section 4503.10 of the Revised Code, as applicable,	1865
shall be collected in full for each renewal that occurs during the	1866
transition period and shall not be prorated.	1867

(D) The registrar shall adopt rules to permit any person	1868
commercial motor vehicle owner or motor vehicle renting dealer who	1869
owns twentytwo or more motor vehicles to select any single date	1870
as the daterequest the registrar to permit the owner to separate	1871
the owner's fleet into up to four divisions for assignment to	1872
separate dates upon which to register the vehicles, provided that	1873
the registrar may disapprove any selected datesuch request	1874
whenever hethe registrar has reason to believe that an uneven	1875
distribution of registrations throughout the calendar year has	1876
developed or is likely to develop. If the registrar disapproves a	1877
date, the motor vehicle owner shall select an alternate date for	1878
registration. Upon agreement of the motor vehicle owner, the	1879
registrar may require the motor vehicle owner to register the	1880
vehicles on a specific date designated by the registrar.	1881

(D)(E) Every owner or lessee of a motor vehicle and every	1882
chauffeur holding a certificate of registration shall notify the	1883
registrar in writing of any change of his residencethe owner's or	1884
lessee's correct address within ten days after the change occurs.	1885
The notification shall be in writing on a form provided by the	1886
registrar or by electronic means approved by the registrar and	1887
shall include the full name, date of birth if applicable, license	1888
number, county of residence or place of business, social security	1889
account number of an individual or federal tax identification	1890
number of a business, and new address of the person.	1891

(F) As used in this section, "motor vehicle renting dealer"	1892
has the same meaning as in section 4549.65 of the Revised Code.	1893

Sec. 4503.103.  (A)(1)(a) The registrar of motor vehicles may	1894
adopt rules to permit any person or lessee, other than a person	1895
receiving an apportioned license plate under the international	1896
registration plan, who owns or leases tenone or more motor	1897
vehicles used principally in connection with any established	1898
business to file a written application for registration for no	1899
more than five succeeding registration years. The rules adopted by	1900
the registrar may designate the classes of motor vehicles that are	1901
eligible for such registration. At the time of application, all	1902
annual taxes and fees shall be paid for each year for which the	1903
person is registering. No person applying for a multi-year	1904
registration is entitled to a refund of any taxes or fees paid.	1905

(b) The registrar mayshall adopt rules to permit any person,	1906
other than a person receiving an apportioned license plate under	1907
the international registration plan and other than the owner of a	1908
commercial car used solely in intrastate commerce, who owns a	1909
motor vehicle to file an application for registration for the next	1910
two succeeding registration years. At the time of application, the	1911
person shall pay the annual taxes and fees for each registration	1912
year, calculated in accordance with division (C) of section	1913
4503.11 of the Revised Code. A person who is registering a vehicle	1914
under division (A)(1)(b) of this section shall pay for each year	1915
of registration the additional fee established under division	1916
(C)(1) of section 4503.10 of the Revised Code. The person shall	1917
also pay the amount of the deputy registrar service fee specified	1918
in division (D) of section 4503.10 of the Revised Code or the	1919
bureau of motor vehicles service fee specified in division (G) of	1920
that section, as applicable.	1921

(2) No person applying for a multi-year registration under	1922
division (A)(1) of this section is entitled to a refund of any	1923
taxes or fees paid.	1924

(3) The registrar shall not issue to any applicant who has	1925
been issued a final, nonappealable order under division (B) of	1926
this section a multi-year registration or renewal thereof under	1927
this division or rules adopted under it for any motor vehicle that	1928
is required to be inspected under section 3704.14 of the Revised	1929
Code the district of registration of which, as determined under	1930
section 4503.10 of the Revised Code, is or is located in the	1931
county named in the order.	1932

(B) Upon receipt from the director of environmental	1933
protection of a notice issued under division (J) of section	1934
3704.14 of the Revised Code indicating that an owner of a motor	1935
vehicle that is required to be inspected under that section who	1936
obtained a multi-year registration for the vehicle under division	1937
(A) of this section or rules adopted under that division has not	1938
obtained an inspection certificate for the vehicle in accordance	1939
with that section in a year intervening between the years of	1940
issuance and expiration of the multi-year registration in which	1941
the owner is required to have the vehicle inspected and obtain an	1942
inspection certificate for it under division (F)(1)(a) of that	1943
section, the registrar in accordance with Chapter 119. of the	1944
Revised Code shall issue an order to the owner impounding the	1945
certificate of registration and identification license plates for	1946
the vehicle. The order also shall prohibit the owner from	1947
obtaining or renewing a multi-year registration for any vehicle	1948
that is required to be inspected under that section, the district	1949
of registration of which is or is located in the same county as	1950
the county named in the order during the number of years after	1951
expiration of the current multi-year registration that equals the	1952
number of years for which the current multi-year registration was	1953
issued.	1954

An order issued under this division shall require the owner	1955
to surrender to the registrar the certificate of registration and	1956
license plates for the vehicle named in the order within five days	1957
after its issuance. If the owner fails to do so within that time,	1958
the registrar shall certify that fact to the county sheriff or	1959
local police officials who shall recover the certificate of	1960
registration and license plates for the vehicle.	1961

(C) Upon the occurrence of either of the following	1962
circumstances, the registrar in accordance with Chapter 119. of	1963
the Revised Code shall issue to the owner a modified order	1964
rescinding the provisions of the order issued under division (B)	1965
of this section impounding the certificate of registration and	1966
license plates for the vehicle named in that original order:	1967

(1) Receipt from the director of environmental protection of	1968
a subsequent notice under division (J) of section 3704.14 of the	1969
Revised Code that the owner has obtained the inspection	1970
certificate for the vehicle as required under division (F)(1)(a)	1971
of that section;	1972

(2) Presentation to the registrar by the owner of the	1973
required inspection certificate for the vehicle.	1974

(D) The owner of a motor vehicle for which the certificate of	1975
registration and license plates have been impounded pursuant to an	1976
order issued under division (B) of this section, upon issuance of	1977
a modified order under division (C) of this section, may apply to	1978
the registrar for their return. A fee of two dollars and fifty	1979
cents shall be charged for the return of the certificate of	1980
registration and license plates for each vehicle named in the	1981
application.	1982

Sec. 4503.11.  (A) Except as provided by sections 4503.103,	1983
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no	1984
person who is the owner or chauffeur of a motor vehicle operated	1985
or driven upon the public roads or highways shall fail to file	1986
annually the application for registration or to pay the tax	1987
therefor.	1988

(B) Except as provided by sections 4503.12 and 4503.16 of the	1989
Revised Code, the taxes payable on all applications made under	1990
sections 4503.10 and 4503.102 of the Revised Code shall be the sum	1991
of the tax due under division (B)(1)(a) or (b) of this section	1992
plus the tax due under division (B)(2)(a) or (b) of this section:	1993

(1)(a) If the application is made before the second month of	1994
the current registration period to which the motor vehicle is	1995
assigned as provided in section 4503.101 of the Revised Code, the	1996
tax due is the full amount of the tax provided in section 4503.04	1997
of the Revised Code;	1998

(b) If the application is made during or after the second	1999
month of the current registration period to which the motor	2000
vehicle is assigned as provided in section 4503.101 of the Revised	2001
Code, and prior to the beginning of the next such registration	2002
period, the amount of the tax provided in section 4503.04 of the	2003
Revised Code shall be reduced by one-twelfth of the amount of such	2004
tax, rounded upward to the nearest cent, multiplied by the number	2005
of full months that have elapsed in the current registration	2006
period. The resulting amount shall be rounded upward to the next	2007
highest dollar and shall be the amount of tax due.	2008

(2)(a) If the application is made before the sixth month of	2009
the current registration period to which the motor vehicle is	2010
assigned as provided in section 4503.101 of the Revised Code, the	2011
amount of tax due is the full amount of local motor vehicle	2012
license taxes levied under Chapter 4504. of the Revised Code;	2013

(b) If the application is made during or after the sixth	2014
month of the current registration period to which the motor	2015
vehicle is assigned as provided in section 4503.101 of the Revised	2016
Code and prior to the beginning of the next such registration	2017
period, the amount of tax due is one-half of the amount of local	2018
motor vehicle license taxes levied under Chapter 4504. of the	2019
Revised Code.	2020

(C) The taxes payable on all applications made under division	2021
(A)(1)(b) of section 4503.103 of the Revised Code shall be the sum	2022
of the tax due under division (B)(1)(a) or (b) of this section	2023
plus the tax due under division (B)(2)(a) or (b) of this section	2024
for the first year plus the full amount of the tax provided in	2025
section 4503.04 of the Revised Code and the full amount of local	2026
motor vehicle license taxes levied under Chapter 4504. of the	2027
Revised Code for the second year.	2028

Sec. 4503.173.  (A) As used in this section:

2029

(1) "Boat trailer" means any trailer designed and used for	2030
the transportation of no more than one watercraft.	2031

(2) "Watercraft" means any of the following when used or	2032
capable of being used for transportation on the water:	2033

(a) A boat operated by machinery either permanently or	2034
temporarily affixed;	2035

(b) A sailboat other than a sailboard;

2036

(c) An inflatable, manually propelled boat having a hull	2037
identification number assigned by and meeting the requirements of	2038
the United States coast guard;	2039

(d) A canoe or rowboat.

2040

(3) "Disabled veteran" means a person who falls into any of	2041
the following categories:	2042

(a) Has been determined by the United States veterans	2043
administration to be permanently and totally disabled, receives a	2044
pension or compensation from the veterans administration, and	2045
received an honorable discharge from the armed forces of the	2046
United States;	2047

(b) Because of a service-connected disability, has been or is	2048
awarded funds for the purchase of a motor vehicle under the	2049
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	2050
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	2051

(c) Has a service-connected disability rated at one hundred	2052
per cent by the veterans' administration.	2053

(4) "Prisoner of war" means any regularly appointed,	2054
enrolled, enlisted, or inducted member of the military forces of	2055
the United States who was captured, separated, and incarcerated by	2056
an enemy of the United States at any time, and any regularly	2057
appointed, enrolled, or enlisted member of the military forces of	2058
Great Britain, France, the Union of Soviet Socialist Republics,	2059
Australia, Belgium, Brazil, Canada, China, Denmark, Greece, the	2060
Netherlands, New Zealand, Norway, Poland, South Africa, or	2061
Yugoslavia who was a citizen of the United States at the time of	2062
the appointment, enrollment, or enlistment, and was captured,	2063
separated, and incarcerated by an enemy of this country during	2064
World War II.	2065

(B) Any owner of a boat trailer who is a disabled veteran,	2066
congressional medal of honor awardee, or prisoner of war may apply	2067
to the registrar of motor vehicles for the registration of the	2068
boat trailer without the payment of any registration tax and	2069
service fee as required by sections 4503.02, 4503.10, 4503.102,	2070
and 4503.12 of the Revised Code and without the payment of any	2071
applicable county, township, or municipal motor vehicle license	2072
tax levied under Chapter 4504. of the Revised Code. The	2073
application shall be accompanied by such evidence of disability or	2074
by such documentary evidence in support of a congressional medal	2075
of honor as the registrar requires by rule. The application for a	2076
registration by any person who has been a prisoner of war shall be	2077
accompanied by written evidence in the form of a record of	2078
separation, a letter from one of the armed forces of the United	2079
States or other country as listed in division (A)(4) of this	2080
section, or other evidence as the registrar may require by rule,	2081
that the person was a prisoner of war and was honorably discharged	2082
or is presently residing in this state on active duty with one of	2083
the branches of the armed forces of the United States, or was a	2084
prisoner of war and was honorably discharged or received an	2085
equivalent discharge or release from one of the armed forces of a	2086
country listed in division (A)(4) of this section.	2087

(C) Annually by the fifteenth day of January, the registrar	2088
of motor vehicles shall determine the amount of taxes and fees	2089
exempted from payment under division (B) of this section and	2090
certify the amount to the director of budget and management for	2091
reimbursement. The director shall thereupon transfer the amount	2092
certified from the general revenue fund to the auto registration	2093
distribution fund and the state highway safety fund in the same	2094
proportions as would be the case if the boat trailer registrations	2095
were not exempted from the payment of taxes and fees under	2096
division (B) of this section. Amounts transferred to the auto	2097
registration distribution fund under this division shall be	2098
distributed in the manner provided by section 4501.03 of the	2099
Revised Code.	2100

Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon	2101
application and proof of purchase of the vehicle, may be issued a	2102
temporary license placard or windshield sticker for the motor	2103
vehicle.	2104

The purchaser of a vehicle applying for a temporary license	2105
placard or windshield sticker under this section shall execute an	2106
affidavit stating that the purchaser has not been issued	2107
previously during the current registration year a license plate	2108
that could legally be transferred to the vehicle.	2109

Placards or windshield stickers shall be issued only for the	2110
applicant's use of the vehicle to enable the applicant to legally	2111
operate the motor vehicle while proper title, license plates, and	2112
a certificate of registration are being obtained, and shall be	2113
displayed on no other motor vehicle.	2114

Placards or windshield stickers issued under this section are	2115
valid for a period of thirty days from date of issuance and are	2116
not transferable or renewable.	2117

The fee for the placards or windshield stickers is two	2118
dollars plus a deputy registrar service fee of two dollars and	2119
seventy-five cents commencing on July 1, 2001, three dollars and	2120
twenty-five cents commencing on January 1, 2003, and three dollars	2121
and fifty cents commencing on January 1, 2004, for each placard	2122
issued by a deputy registrar.	2123

(B) The registrar of motor vehicles may issue to a motorized	2124
bicycle dealer or a licensed motor vehicle dealer temporary	2125
license placards to be issued to purchasers for use on vehicles	2126
sold by the dealer, in accordance with rules prescribed by the	2127
registrar. The dealer shall notify the registrar, within	2128
forty-eight hours, of the issuance of a placard by electronic	2129
means via computer equipment purchased and maintained by the	2130
dealer or in any other manner prescribed by the registrar.	2131

The fee for each placard issued by the registrar to a	2132
licensed motor vehicle dealer is two dollars plus a fee of two	2133
dollars and seventy-five cents commencing on July 1, 2001, three	2134
dollars and twenty-five cents commencing on January 1, 2003, and	2135
three dollars and fifty cents commencing on January 1, 2004.	2136

(C) The registrar of motor vehicles, at the registrar's	2137
discretion, may issue a temporary license placard. Such a placard	2138
may be issued in the case of extreme hardship encountered by a	2139
citizen from this state or another state who has attempted to	2140
comply with all registration laws, but for extreme circumstances	2141
is unable to properly register the citizen's vehicle.	2142

(D) In addition to the fees charged under divisions (A) and	2143
(B) of this section, commencing on October 1, 2003, the registrar	2144
and each deputy registrar shall collect a fee of five dollars for	2145
each temporary license placard issued. The additional fee is for	2146
the purpose of defraying the department of public safety's costs	2147
associated with the administration and enforcement of the motor	2148
vehicle and traffic laws of Ohio. Each deputy registrar shall	2149
transmit the fees collected under this division in the same manner	2150
as provided for transmission of fees collected under division (A)	2151
of this section. The registrar shall deposit all moneys received	2152
under this division into the state highway safety fund established	2153
in section 4501.06 of the Revised Code.	2154

(E) The registrar shall adopt rules, in accordance with	2155
division (B) of section 111.15 of the Revised Code, to specify the	2156
procedures for reporting the information from applications for	2157
temporary license placards and windshield stickers and for	2158
providing the information from these applications to law	2159
enforcement agencies.	2160

(E)(F) Temporary license placards issued under this section	2161
shall bear a distinctive combination of seven letters, numerals,	2162
or letters and numerals, and shall incorporate a security feature	2163
that, to the greatest degree possible, prevents tampering with any	2164
of the information that is entered upon a placard when it is	2165
issued.	2166

(F)(G) As used in this section, "motorized bicycle dealer"	2167
means any person engaged in the business of selling at retail,	2168
displaying, offering for sale, or dealing in motorized bicycles	2169
who is not subject to section 4503.09 of the Revised Code.	2170

Sec. 4503.40.  The registrar of motor vehicles shall be	2171
allowed a fee, not to exceed ten dollars, for each application	2172
received by the registrar for special state reserved license plate	2173
numbers and the issuing of such licenses, and validation stickers,	2174
in the several series as the registrar may designate. The fee	2175
shall be in addition to the license tax established by this	2176
chapter and, where applicable, Chapter 4504. of the Revised Code.	2177
Seven dollars and fifty cents of the fee shall be for the purpose	2178
of compensating the bureau of motor vehicles for additional	2179
services required in the issuing of such licenses, and the	2180
remaining two dollars and fifty cents shall be transmitted by the	2181
registrar to the treasurer of state for deposit in the state	2182
highway operatingsafety fund created by section 5735.2914501.06	2183
of the Revised Code. The types of motor vehicles for which special	2184
state reserved license plates may be issued in accordance with	2185
this section shall include at least motorcycles, buses, passenger	2186
cars, and noncommercial motor vehicles.	2187

Sec. 4503.42.  The registrar of motor vehicles shall be	2188
allowed a fee of not to exceed thirty-five dollars, which shall be	2189
in addition to the regular license fee for tags as prescribed	2190
under section 4503.04 of the Revised Code and any tax levied under	2191
section 4504.02 or 4504.06 of the Revised Code, for each	2192
application received by the registrar for special reserved license	2193
plate numbers containing more than three letters or numerals, and	2194
the issuing of such licenses and validation stickers in the	2195
several series as the registrar may designate. Five dollars of the	2196
fee shall be for the purpose of compensating the bureau of motor	2197
vehicles for additional services required in the issuing of such	2198
licenses and validation stickers, and the remaining thirty dollars	2199
shall be transmitted by the registrar to the treasurer of state	2200
for deposit in the state highway operatingsafety fund created by	2201
section 5735.2914501.06 of the Revised Code.	2202

This section does not apply to the issuance of reserved	2203
license plates as authorized by sections 4503.14, 4503.15, and	2204
4503.40 of the Revised Code. The types of motor vehicles for which	2205
license plate numbers containing more than three letters or	2206
numerals may be issued in accordance with this section shall	2207
include at least buses, passenger cars, and noncommercial motor	2208
vehicles.	2209

Sec. 4503.50.  (A) The owner or lessee of any passenger car,	2210
noncommercial motor vehicle, motor home, or other vehicle of a	2211
class approved by the registrar of motor vehicles may apply to the	2212
registrar for the registration of the vehicle and issuance of	2213
future farmers of America license plates. The application for	2214
future farmers of America license plates may be combined with a	2215
request for a special reserved license plate under section 4503.40	2216
or 4503.42 of the Revised Code. Upon receipt of the completed	2217
application and compliance with division (B) of this section, the	2218
registrar shall issue to the applicant the appropriate vehicle	2219
registration and a set of future farmers of America license plates	2220
with a validation sticker or a validation sticker alone when	2221
required by section 4503.191 of the Revised Code.	2222

In addition to the letters and numbers ordinarily inscribed	2223
on the license plates, future farmers of America license plates	2224
shall be inscribed with identifying words or markings representing	2225
the future farmers of America and approved by the registrar.	2226
Future farmers of America license plates shall bear county	2227
identification stickers that identify the county of registration	2228
by name or number.	2229

(B) The future farmers of America license plates and	2230
validation sticker shall be issued upon receipt of a contribution	2231
as provided in division (C) of this section and upon payment of	2232
the regular license tax as prescribed under section 4503.04 of the	2233
Revised Code, a fee of ten dollars for the purpose of compensating	2234
the bureau of motor vehicles for additional services required in	2235
the issuing of the future farmers of America license plates, any	2236
applicable motor vehicle tax levied under Chapter 4504. of the	2237
Revised Code, and compliance with all other applicable laws	2238
relating to the registration of motor vehicles. If the application	2239
for future farmers of America license plates is combined with a	2240
request for a special reserved license plate under section 4503.40	2241
or 4503.42 of the Revised Code, the license plate and validation	2242
sticker shall be issued upon payment of the contribution, fees,	2243
and taxes referred to or established in this division and the	2244
additional fee prescribed under section 4503.40 or 4503.42 of the	2245
Revised Code.	2246

(C) For each application for registration and registration	2247
renewal the registrar receives under this section, the registrar	2248
shall collect a contribution of fifteen dollars. The registrar	2249
shall transmit this contribution to the treasurer of state for	2250
deposit in the future farmers of America license plate	2251
contribution fund created in section 4501.404501.21 of the	2252
Revised Code.	2253

The registrar shall deposit the additional fee of ten dollars	2254
specified in division (B) of this section that the applicant for	2255
registration pays for the purpose of compensating the bureau for	2256
the additional services required in the issuing of the applicant's	2257
future farmers of America license plates in the state bureau of	2258
motor vehicles fund created in section 4501.25 of the Revised	2259
Code.	2260

Sec. 4503.51.  (A) The owner or lessee of any passenger car,	2261
noncommercial motor vehicle, recreational vehicle, or vehicle of a	2262
class approved by the registrar of motor vehicles may voluntarily	2263
choose to submit an application to the registrar for registration	2264
of such motor vehicle and for issuance of collegiate license	2265
plates. The request for a collegiate license plate may be combined	2266
with a request for a special reserved license plate under section	2267
4503.40 or 4503.42 of the Revised Code.	2268

Upon receipt of the completed application for registration of	2269
a vehicle in accordance with any rules adopted under this section	2270
and upon compliance with division (B) of this section, the	2271
registrar shall issue to the applicant appropriate vehicle	2272
registration and a set of collegiate license plates with a	2273
validation sticker, or a validation sticker alone when required by	2274
section 4503.191 of the Revised Code.	2275

In addition to the letters and numbers ordinarily inscribed	2276
thereon, collegiate license plates shall be inscribed with the	2277
name of a university or college that is participating with the	2278
registrar in the issuance of collegiate license plates, or any	2279
other identifying marking or design selected by such a university	2280
or college and approved by the registrar. Collegiate license	2281
plates shall bear county identification stickers that identify the	2282
county of registration by name or number.	2283

(B) The collegiate license plates and validation sticker	2284
shall be issued upon receipt of a contribution as provided in	2285
division (C) of this section and payment of the regular license	2286
fees as prescribed under section 4503.04 of the Revised Code, any	2287
applicable motor vehicle tax levied under Chapter 4504. of the	2288
Revised Code, a fee not to exceed ten dollars for the purpose of	2289
compensating the bureau of motor vehicles for additional services	2290
required in the issuing of collegiate license plates, and	2291
compliance with all other applicable laws relating to the	2292
registration of motor vehicles, including presentation of any	2293
inspection certificate required to be obtained for the motor	2294
vehicle under section 3704.14 of the Revised Code. If the	2295
application for a collegiate license plate is combined with a	2296
request for a special reserved license plate under section 4503.40	2297
or 4503.42 of the Revised Code, the license plate and validation	2298
sticker shall be issued upon payment of the contribution, fees,	2299
and taxes referred to in this division, the additional fee	2300
prescribed under section 4503.40 or 4503.42 of the Revised Code,	2301
and compliance with all other laws relating to the registration of	2302
motor vehicles, including presentation of any inspection	2303
certificate required to be obtained for the motor vehicle under	2304
section 3704.14 of the Revised Code.	2305

(C) The registrar shall collect a contribution of twenty-five	2306
dollars for each application for registration and registration	2307
renewal notice under this section.	2308

The registrar shall transmit this contribution to the	2309
treasurer of state for deposit into the collegiate license plate	2310
contribution fund created by section 4501.204501.21 of the	2311
Revised Code. The additional fee not to exceed ten dollars that	2312
the applicant for registration voluntarily pays for the purpose of	2313
compensating the bureau for the additional services required in	2314
the issuing of the applicant's collegiate license plates shall be	2315
transmitted into the state treasury to the credit of the state	2316
bureau of motor vehicles fund created in section 4501.25 of the	2317
Revised Code.	2318

(D) The registrar, in accordance with Chapter 119. of the	2319
Revised Code, shall adopt rules necessary for the efficient	2320
administration of the collegiate license plate program.	2321

(E) As used in this section, "university or college" means a	2322
state university or college or a private university or college	2323
located in this state that possesses a certificate of	2324
authorization issued by the Ohio board of regents pursuant to	2325
Chapter 1713. of the Revised Code. "University or college" also	2326
includes community colleges created pursuant to Chapter 3354. of	2327
the Revised Code, university branches created pursuant to Chapter	2328
3355. of the Revised Code, technical colleges created pursuant to	2329
Chapter 3357. of the Revised Code, and state community colleges	2330
created pursuant to Chapter 3358. of the Revised Code.	2331

Sec. 4503.55.  (A) The owner or lessee of any passenger car,	2332
noncommercial motor vehicle, recreational vehicle, or other	2333
vehicle of a class approved by the registrar of motor vehicles may	2334
apply to the registrar for the registration of the vehicle and	2335
issuance of pro football hall of fame license plates. The	2336
application for pro football hall of fame license plates may be	2337
combined with a request for a special reserved license plate under	2338
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	2339
the completed application and compliance with division (B) of this	2340
section, the registrar shall issue to the applicant the	2341
appropriate vehicle registration and a set of pro football hall of	2342
fame license plates with a validation sticker or a validation	2343
sticker alone when required by section 4503.191 of the Revised	2344
Code.	2345

In addition to the letters and numbers ordinarily inscribed	2346
thereon, pro football hall of fame license plates shall be	2347
inscribed with identifying words or markings designed by the pro	2348
football hall of fame and approved by the registrar. Pro football	2349
hall of fame plates shall bear county identification stickers that	2350
identify the county of registration by name or number.	2351

(B) The pro football hall of fame license plates and	2352
validation sticker shall be issued upon receipt of a contribution	2353
as provided in division (C) of this section and upon payment of	2354
the regular license fees as prescribed under section 4503.04 of	2355
the Revised Code, a fee not to exceed ten dollars for the purpose	2356
of compensating the bureau of motor vehicles for additional	2357
services required in the issuing of the pro football hall of fame	2358
license plates, any applicable motor vehicle tax levied under	2359
Chapter 4504. of the Revised Code, and compliance with all other	2360
applicable laws relating to the registration of motor vehicles. If	2361
the application for pro football hall of fame license plates is	2362
combined with a request for a special reserved license plate under	2363
section 4503.40 or 4503.42 of the Revised Code, the license plate	2364
and validation sticker shall be issued upon payment of the	2365
contribution, fees, and taxes contained in this division and the	2366
additional fee prescribed under section 4503.40 or 4503.42 of the	2367
Revised Code.	2368

(C) For each application for registration and registration	2369
renewal under this section, the registrar shall collect a	2370
contribution of fifteen dollars. The registrar shall transmit this	2371
contribution to the treasurer of state for deposit in the pro	2372
football hall of fame license plate contribution fund created in	2373
section 4501.224501.21 of the Revised Code.	2374

The registrar shall deposit the additional fee not to exceed	2375
ten dollars specified in division (B) of this section that the	2376
applicant for registration voluntarily pays for the purpose of	2377
compensating the bureau for the additional services required in	2378
the issuing of the applicant's pro football hall of fame license	2379
plates in the state bureau of motor vehicles fund created in	2380
section 4501.25 of the Revised Code.	2381

Sec. 4503.561.  (A) The owner or lessee of any passenger car,	2382
noncommercial motor vehicle, recreational vehicle, or other	2383
vehicle of a class approved by the registrar of motor vehicles may	2384
apply to the registrar for the registration of the vehicle and	2385
issuance of ducks unlimited license plates. The application for	2386
ducks unlimited license plates may be combined with a request for	2387
a special reserved license plate under section 4503.40 or 4503.42	2388
of the Revised Code. Upon receipt of the completed application and	2389
compliance with division (B) of this section, the registrar shall	2390
issue to the applicant the appropriate vehicle registration and a	2391
set of ducks unlimited license plates with a validation sticker or	2392
a validation sticker alone when required by section 4503.191 of	2393
the Revised Code.	2394

In addition to the letters and numbers ordinarily inscribed	2395
on the license plates, ducks unlimited license plates shall be	2396
inscribed with identifying words or markings representing ducks	2397
unlimited, inc., and approved by the registrar. Ducks unlimited	2398
license plates shall bear county identification stickers that	2399
identify the county of registration by name or number.	2400

(B) The ducks unlimited license plates and validation sticker	2401
shall be issued upon receipt of a contribution as provided in	2402
division (C) of this section and upon payment of the regular	2403
license tax as prescribed under section 4503.04 of the Revised	2404
Code, a fee of ten dollars for the purpose of compensating the	2405
bureau of motor vehicles for additional services required in the	2406
issuing of the ducks unlimited license plates, any applicable	2407
motor vehicle tax levied under Chapter 4504. of the Revised Code,	2408
and compliance with all other applicable laws relating to the	2409
registration of motor vehicles. If the application for ducks	2410
unlimited license plates is combined with a request for a special	2411
reserved license plate under section 4503.40 or 4503.42 of the	2412
Revised Code, the license plate and validation sticker shall be	2413
issued upon payment of the contribution, fees, and taxes referred	2414
to or established in this division and the additional fee	2415
prescribed under section 4503.40 or 4503.42 of the Revised Code.	2416

(C) For each application for registration and registration	2417
renewal the registrar receives under this section, the registrar	2418
shall collect a contribution of fifteen dollars. The registrar	2419
shall transmit this contribution to the treasurer of state for	2420
deposit in the ducks unlimited license plate contribution fund	2421
created in section 4501.334501.21 of the Revised Code.	2422

The registrar shall deposit the additional fee of ten dollars	2423
specified in division (B) of this section that the applicant for	2424
registration pays for the purpose of compensating the bureau for	2425
the additional services required in the issuing of the applicant's	2426
ducks unlimited license plates in the state bureau of motor	2427
vehicles fund created in section 4501.25 of the Revised Code.	2428

Sec. 4503.591.  (A) If a professional sports team located in	2429
this state desires to have its logo appear on license plates	2430
issued by this state, it shall enter into a contract with the	2431
sports commission to permit such display, as permitted in	2432
divisions (D), (E), and (F) of this section 4501.32 of the Revised	2433
Code. The owner or lessee of any passenger car, noncommercial	2434
motor vehicle, recreational vehicle, or other vehicle of a class	2435
approved by the registrar of motor vehicles may apply to the	2436
registrar for the registration of the vehicle and issuance of	2437
license plates bearing the logo of a professional sports team that	2438
has entered into such a contract. The application shall designate	2439
the sports team whose logo the owner or lessee desires to appear	2440
on the license plates. Failure to designate a participating	2441
professional sports team shall result in rejection by the	2442
registrar of the registration application. An application made	2443
under this section may be combined with a request for a special	2444
reserved license plate under section 4503.40 or 4503.42 of the	2445
Revised Code. Upon receipt of the completed application and	2446
compliance by the applicant with divisions (B) and (C) of this	2447
section, the registrar shall issue to the applicant the	2448
appropriate vehicle registration and a set of license plates	2449
bearing the logo of the professional sports team the owner	2450
designated in the application and a validation sticker, or a	2451
validation sticker alone when required by section 4503.191 of the	2452
Revised Code.	2453

In addition to the letters and numbers ordinarily inscribed	2454
thereon, professional sports team license plates shall bear the	2455
logo of a participating professional sports team, and shall	2456
display county identification stickers that identify the county of	2457
registration by name or number.	2458

(B) The professional sports team license plates and	2459
validation sticker, or validation sticker alone, as the case may	2460
be, shall be issued upon payment of the regular license tax as	2461
prescribed under section 4503.04 of the Revised Code, any	2462
applicable motor vehicle license tax levied under Chapter 4504. of	2463
the Revised Code, a fee of ten dollars for the purpose of	2464
compensating the bureau of motor vehicles for additional services	2465
required in the issuing of professional sports team license	2466
plates, and compliance with all other applicable laws relating to	2467
the registration of motor vehicles. If the application for a	2468
professional sports team license plate is combined with a request	2469
for a special reserved license plate under section 4503.40 or	2470
4503.42 of the Revised Code, the license plates and validation	2471
sticker, or validation sticker alone, shall be issued upon payment	2472
of the regular license tax as prescribed under section 4503.04 of	2473
the Revised Code, any applicable motor vehicle tax levied under	2474
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2475
purpose of compensating the bureau of motor vehicles for	2476
additional services required in the issuing of professional sports	2477
team license plates, the additional fee prescribed under section	2478
4503.40 or 4503.42 of the Revised Code, and compliance with all	2479
other applicable laws relating to the registration of motor	2480
vehicles.	2481

(C) For each application for registration and registration	2482
renewal notice the registrar receives under this section, the	2483
registrar shall collect a contribution of twenty-five dollars. The	2484
registrar shall transmit this contribution to the treasurer of	2485
state for deposit into the state treasury for distribution as	2486
described inlicense plate contribution fund created by section	2487
4501.324501.21 of the Revised Code.	2488

The registrar shall transmit the additional fee of ten	2489
dollars paid to compensate the bureau for the additional services	2490
required in the issuing of professional sports team license plates	2491
to the treasurer of state for deposit into the state treasury to	2492
the credit of the state bureau of motor vehicles fund created by	2493
section 4501.25 of the Revised Code.	2494

(D) If a professional sports team located in this state	2495
desires to have its logo appear on license plates issued by this	2496
state, it shall inform the largest convention and visitors' bureau	2497
of the county in which the professional sports team is located of	2498
that desire. That convention and visitors' bureau shall create a	2499
sports commission to operate in that county to receive the	2500
contributions that are paid by applicants who choose to be issued	2501
license plates bearing the logo of that professional sports team	2502
for display on their motor vehicles. The sports commission shall	2503
negotiate with the professional sports team to permit the display	2504
of the team's logo on license plates issued by this state, enter	2505
into the contract with the team to permit such display, and pay to	2506
the team any licensing or rights fee that must be paid in	2507
connection with the issuance of the license plates. Upon execution	2508
of the contract, the sports commission shall provide a copy of it	2509
to the registrar of motor vehicles, along with any other	2510
documentation the registrar may require. Upon receipt of the	2511
contract and any required additional documentation, and when the	2512
numerical requirement contained in division (A) of section 4503.78	2513
of the Revised Code has been met relative to that particular	2514
professional sports team, the registrar shall take the measures	2515
necessary to issue license plates bearing the logo of that team.	2516

(E) A sports commission shall expend the money it receives	2517
pursuant to section 4501.21 of the Revised Code to attract amateur	2518
regional, national, and international sporting events to the	2519
municipal corporation, county, or township in which it is located,	2520
and it may sponsor such events. Prior to attracting or sponsoring	2521
such events, the sports commission shall perform an economic	2522
analysis to determine whether the proposed event will have a	2523
positive economic effect on the greater area in which the event	2524
will be held. A sports commission shall not expend any money it	2525
receives under that section to attract or sponsor an amateur	2526
regional, national, or international sporting event if its	2527
economic analysis does not result in a finding that the proposed	2528
event will have a positive economic effect on the greater area in	2529
which the event will be held.	2530

A sports commission that receives money pursuant to that	2531
section, in addition to any other duties imposed on it by law and	2532
notwithstanding the scope of those duties, also shall encourage	2533
the economic development of this state through the promotion of	2534
tourism within all areas of this state. A sports commission that	2535
receives ten thousand dollars or more during any calendar year	2536
shall submit a written report to the director of development, on	2537
or before the first day of October of the next succeeding year,	2538
detailing its efforts and expenditures in the promotion of tourism	2539
during the calendar year in which it received the ten thousand	2540
dollars or more.	2541

As used in this division, "promotion of tourism" means the	2542
encouragement through advertising, educational and informational	2543
means, and public relations, both within the state and outside of	2544
it, of travel by persons away from their homes for pleasure,	2545
personal reasons, or other purposes, except to work, to this state	2546
or to the region in which the sports commission is located.	2547

(F) For purposes of this section:

2548

(1) The "largest" convention and visitors' bureau of a county	2549
is the bureau that receives the largest amount of money generated	2550
in that county from excise taxes levied on lodging transactions	2551
under sections 351.021, 5739.08, and 5739.09 of the Revised Code.	2552

(2) "Sports commission" means a nonprofit corporation	2553
organized under the laws of this state that is entitled to tax	2554
exempt status under section 501(c)(3) of the "Internal Revenue	2555
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, and	2556
whose function is to attract, promote, or sponsor sports and	2557
athletic events within a municipal corporation, county, or	2558
township.	2559

Such a commission shall consist of twenty-one members. Seven	2560
members shall be appointed by the mayor of the largest city to be	2561
served by the commission. Seven members shall be appointed by the	2562
board of county commissioners of the county to be served by the	2563
commission. Seven members shall be appointed by the largest	2564
convention and visitors' bureau in the area to be served by the	2565
commission. A sports commission may provide all services related	2566
to attracting, promoting, or sponsoring such events, including,	2567
but not limited to, the booking of athletes and teams, scheduling,	2568
and hiring or contracting for staff, ushers, managers, and other	2569
persons whose functions are directly related to the sports and	2570
athletic events the commission attracts, promotes, or sponsors.	2571

Sec. 4503.67.  (A) If the national organization of the boy	2572
scouts of America desires to have its logo appear on license	2573
plates issued by this state, a representative of the Dan Beard	2574
council shall enter into a contract with the registrar of motor	2575
vehicles as provided in division (D) of this section 4501.41 of	2576
the Revised Code. The owner or lessee of any passenger car,	2577
noncommercial motor vehicle, recreational vehicle, or other	2578
vehicle of a class approved by the registrar may apply to the	2579
registrar for the registration of the vehicle and issuance of	2580
license plates bearing the logo of the boy scouts of America if	2581
the council representative has entered into such a contract. An	2582
application made under this section may be combined with a request	2583
for a special reserved license plate under section 4503.40 or	2584
4503.42 of the Revised Code. Upon receipt of the completed	2585
application and compliance by the applicant with divisions (B) and	2586
(C) of this section, the registrar shall issue to the applicant	2587
the appropriate vehicle registration and a set of license plates	2588
bearing the logo of the boy scouts of America and a validation	2589
sticker, or a validation sticker alone when required by section	2590
4503.191 of the Revised Code.	2591

In addition to the letters and numbers ordinarily inscribed	2592
thereon, the plates shall display county identification stickers	2593
that identify the county of registration by name or number.	2594

(B) The boy scouts logo license plates and validation	2595
sticker, or validation sticker alone, as the case may be, shall be	2596
issued upon payment of the regular license tax as prescribed under	2597
section 4503.04 of the Revised Code, any applicable motor vehicle	2598
license tax levied under Chapter 4504. of the Revised Code, a fee	2599
of ten dollars for the purpose of compensating the bureau of motor	2600
vehicles for additional services required in the issuing of boy	2601
scouts license plates, and compliance with all other applicable	2602
laws relating to the registration of motor vehicles. If the	2603
application for a boy scouts license plate is combined with a	2604
request for a special reserved license plate under section 4503.40	2605
or 4503.42 of the Revised Code, the license plates and validation	2606
sticker, or validation sticker alone, shall be issued upon payment	2607
of the regular license tax as prescribed under section 4503.04 of	2608
the Revised Code, any applicable motor vehicle tax levied under	2609
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2610
purpose of compensating the bureau of motor vehicles for	2611
additional services required in the issuing of the plates, the	2612
additional fee prescribed under section 4503.40 or 4503.42 of the	2613
Revised Code, and compliance with all other applicable laws	2614
relating to the registration of motor vehicles.	2615

(C) For each application for registration and registration	2616
renewal notice the registrar receives under this section, the	2617
registrar shall collect a contribution of fifteen dollars. The	2618
registrar shall transmit this contribution to the treasurer of	2619
state for deposit into the state treasury for distribution as	2620
described inlicense plate contribution fund created by section	2621
4501.414501.21 of the Revised Code.	2622

The registrar shall transmit the additional fee of ten	2623
dollars paid to compensate the bureau for the additional services	2624
required in the issuing of boy scouts license plates to the	2625
treasurer of state for deposit into the state treasury to the	2626
credit of the state bureau of motor vehicles fund created by	2627
section 4501.25 of the Revised Code.	2628

(D) If the national organization of the boy scouts of America	2629
desires to have its logo appear on license plates issued by this	2630
state, a representative of the Dan Beard council shall contract	2631
with the registrar to permit the display of the logo on license	2632
plates issued by this state. Upon execution of the contract, the	2633
council shall provide a copy of it to the registrar, along with	2634
any other documentation the registrar may require. Upon receiving	2635
the contract and any required additional documentation, and when	2636
the numerical requirement contained in division (A) of section	2637
4503.78 of the Revised Code has been met relative to the boy	2638
scouts of America, the registrar shall take the measures necessary	2639
to issue license plates bearing the logo of the boy scouts of	2640
America.	2641

Sec. 4503.68.  (A) If the national organization of the girl	2642
scouts of the United States of America desires to have its logo	2643
appear on license plates issued by this state, a representative of	2644
the Great River council shall enter into a contract with the	2645
registrar of motor vehicles as provided in division (D) of this	2646
section 4501.61 of the Revised Code. The owner or lessee of any	2647
passenger car, noncommercial motor vehicle, recreational vehicle,	2648
or other vehicle of a class approved by the registrar may apply to	2649
the registrar for the registration of the vehicle and issuance of	2650
license plates bearing the logo of the girl scouts of United	2651
States of America if the council representative has entered into	2652
such a contract. An application made under this section may be	2653
combined with a request for a special reserved license plate under	2654
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	2655
the completed application and compliance by the applicant with	2656
divisions (B) and (C) of this section, the registrar shall issue	2657
to the applicant the appropriate vehicle registration and a set of	2658
license plates bearing the logo of the girl scouts of the United	2659
States of America and a validation sticker, or a validation	2660
sticker alone when required by section 4503.191 of the Revised	2661
Code.	2662

In addition to the letters and numbers ordinarily inscribed	2663
thereon, the plates shall display county identification stickers	2664
that identify the county of registration by name or number.	2665

(B) The girl scouts logo license plates and validation	2666
sticker, or validation sticker alone, as the case may be, shall be	2667
issued upon payment of the regular license tax as prescribed under	2668
section 4503.04 of the Revised Code, any applicable motor vehicle	2669
license tax levied under Chapter 4504. of the Revised Code, a fee	2670
of ten dollars for the purpose of compensating the bureau of motor	2671
vehicles for additional services required in the issuing of girl	2672
scouts license plates, and compliance with all other applicable	2673
laws relating to the registration of motor vehicles. If the	2674
application for a girl scouts license plate is combined with a	2675
request for a special reserved license plate under section 4503.40	2676
or 4503.42 of the Revised Code, the license plates and validation	2677
sticker, or validation sticker alone, shall be issued upon payment	2678
of the regular license tax as prescribed under section 4503.04 of	2679
the Revised Code, any applicable motor vehicle tax levied under	2680
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2681
purpose of compensating the bureau of motor vehicles for	2682
additional services required in the issuing of the plates, the	2683
additional fee prescribed under section 4503.40 or 4503.42 of the	2684
Revised Code, and compliance with all other applicable laws	2685
relating to the registration of motor vehicles.	2686

(C) For each application for registration and registration	2687
renewal notice the registrar receives under this section, the	2688
registrar shall collect a contribution of fifteen dollars. The	2689
registrar shall transmit this contribution to the treasurer of	2690
state for deposit into the state treasury for distribution as	2691
described inlicense plate contribution fund created by section	2692
4501.614501.21 of the Revised Code.	2693

The registrar shall transmit the additional fee of ten	2694
dollars paid to compensate the bureau for the additional services	2695
required in the issuing of girl scouts license plates to the	2696
treasurer of state for deposit into the state treasury to the	2697
credit of the state bureau of motor vehicles fund created by	2698
section 4501.25 of the Revised Code.	2699

(D) If the national organization of the girl scouts of the	2700
United States of America desires to have its logo appear on	2701
license plates issued by this state, a representative from the	2702
Great River council shall contract with the registrar to permit	2703
the display of the logo on license plates issued by this state.	2704
Upon execution of the contract, the council shall provide a copy	2705
of it to the registrar, along with any other documentation the	2706
registrar may require. Upon receiving the contract and any	2707
required additional documentation, and when the numerical	2708
requirement contained in division (A) of section 4503.78 of the	2709
Revised Code has been met relative to the girl scouts of the	2710
United States of America, the registrar shall take the measures	2711
necessary to issue license plates bearing the logo of the girl	2712
scouts of the United States of America.	2713

Sec. 4503.69.  (A) If the national organization of the eagle	2714
scouts desires to have its logo appear on license plates issued by	2715
this state, a representative of the Dan Beard council shall enter	2716
into a contract with the registrar of motor vehicles as provided	2717
in division (D) of this section 4501.71 of the Revised Code. The	2718
owner or lessee of any passenger car, noncommercial motor vehicle,	2719
recreational vehicle, or other vehicle of a class approved by the	2720
registrar may apply to the registrar for the registration of the	2721
vehicle and issuance of license plates bearing the logo of the	2722
eagle scouts if the council representative has entered into such a	2723
contract on behalf of the eagle scouts. An application made under	2724
this section may be combined with a request for a special reserved	2725
license plate under section 4503.40 or 4503.42 of the Revised	2726
Code. Upon receipt of the completed application and compliance by	2727
the applicant with divisions (B) and (C) of this section, the	2728
registrar shall issue to the applicant the appropriate vehicle	2729
registration and a set of license plates bearing the logo of the	2730
eagle scouts and a validation sticker, or a validation sticker	2731
alone when required by section 4503.191 of the Revised Code.	2732

In addition to the letters and numbers ordinarily inscribed	2733
thereon, the plates shall display county identification stickers	2734
that identify the county of registration by name or number.	2735

(B) The eagle scouts logo license plates and validation	2736
sticker, or validation sticker alone, as the case may be, shall be	2737
issued upon payment of the regular license tax as prescribed under	2738
section 4503.04 of the Revised Code, any applicable motor vehicle	2739
license tax levied under Chapter 4504. of the Revised Code, a fee	2740
of ten dollars for the purpose of compensating the bureau of motor	2741
vehicles for additional services required in the issuing of eagle	2742
scouts license plates, and compliance with all other applicable	2743
laws relating to the registration of motor vehicles. If the	2744
application for an eagle scouts license plate is combined with a	2745
request for a special reserved license plate under section 4503.40	2746
or 4503.42 of the Revised Code, the license plates and validation	2747
sticker, or validation sticker alone, shall be issued upon payment	2748
of the regular license tax as prescribed under section 4503.04 of	2749
the Revised Code, any applicable motor vehicle tax levied under	2750
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2751
purpose of compensating the bureau of motor vehicles for	2752
additional services required in the issuing of the plates, the	2753
additional fee prescribed under section 4503.40 or 4503.42 of the	2754
Revised Code, and compliance with all other applicable laws	2755
relating to the registration of motor vehicles.	2756

(C) For each application for registration and registration	2757
renewal notice the registrar receives under this section, the	2758
registrar shall collect a contribution of fifteen dollars. The	2759
registrar shall transmit this contribution to the treasurer of	2760
state for deposit into the state treasury for distribution as	2761
described inlicense plate contribution fund created by section	2762
4501.714501.21 of the Revised Code.	2763

The registrar shall transmit the additional fee of ten	2764
dollars paid to compensate the bureau for the additional services	2765
required in the issuing of eagle scouts license plates to the	2766
treasurer of state for deposit into the state treasury to the	2767
credit of the state bureau of motor vehicles fund created by	2768
section 4501.25 of the Revised Code.	2769

(D) If the national organization of the eagle scouts desires	2770
to have its logo appear on license plates issued by this state, a	2771
representative from the Dan Beard council shall contract with the	2772
registrar to permit the display of the logo on license plates	2773
issued by this state. Upon execution of the contract, the council	2774
shall provide a copy of it to the registrar, along with any other	2775
documentation the registrar may require. Upon receiving the	2776
contract and any required additional documentation, and when the	2777
numerical requirement contained in division (A) of section 4503.78	2778
of the Revised Code has been met relative to the eagle scouts, the	2779
registrar shall take the measures necessary to issue license	2780
plates bearing the logo of the eagle scouts.	2781

Sec. 4503.71.  (A) The owner or lessee of any passenger car,	2782
noncommercial motor vehicle, recreational vehicle, or other	2783
vehicle of a class approved by the registrar of motor vehicles who	2784
also is a member in good standing of the fraternal order of police	2785
may apply to the registrar for the registration of the vehicle and	2786
issuance of fraternal order of police license plates. The	2787
application for fraternal order of police license plates may be	2788
combined with a request for a special reserved license plate under	2789
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	2790
the completed application, presentation by the applicant of the	2791
required evidence that the applicant is a member in good standing	2792
of the fraternal order of police, and compliance by the applicant	2793
with this section, the registrar shall issue to the applicant the	2794
appropriate vehicle registration and a set of fraternal order of	2795
police license plates with a validation sticker or a validation	2796
sticker alone when required by section 4503.191 of the Revised	2797
Code.	2798

In addition to the letters and numbers ordinarily inscribed	2799
thereon, fraternal order of police license plates shall be	2800
inscribed with identifying words and a symbol or logo designed by	2801
the fraternal order of police of Ohio, incorporated, and approved	2802
by the registrar. Fraternal order of police license plates shall	2803
bear county identification stickers that identify the county of	2804
registration by name or number.	2805

Fraternal order of police license plates and validation	2806
stickers shall be issued upon payment of the regular license fee	2807
required by section 4503.04 of the Revised Code, payment of any	2808
local motor vehicle license tax levied under Chapter 4504. of the	2809
Revised Code, payment of a fee of ten dollars, and compliance with	2810
all other applicable laws relating to the registration of motor	2811
vehicles. If the application for fraternal order of police license	2812
plates is combined with a request for a special reserved license	2813
plate under section 4503.40 or 4503.42 of the Revised Code, the	2814
license plates and validation sticker shall be issued upon payment	2815
of the fees and taxes contained in this section and the additional	2816
fee prescribed under section 4503.40 or 4503.42 of the Revised	2817
Code. The fee of ten dollars shall be for the purpose of	2818
compensating the bureau of motor vehicles for additional services	2819
required in the issuing of fraternal order of police license	2820
plates, and shall be transmitted by the registrar to the treasurer	2821
of state for deposit into the state treasury to the credit of the	2822
state bureau of motor vehicles fund created by section 4501.25 of	2823
the Revised Code.	2824

(B) For each application for registration and registration	2825
renewal the registrar receives under this section, the registrar	2826
shall collect an additional fee of two dollars. The registrar	2827
shall transmit this additional fee to the treasurer of state for	2828
deposit in the fraternal order of police license plate	2829
contribution fund created in section 4501.3114501.21 of the	2830
Revised Code.	2831

Sec. 4503.711.  (A) The owner or lessee of any passenger car,	2832
noncommercial motor vehicle, recreational vehicle, or other	2833
vehicle of a class approved by the registrar of motor vehicles who	2834
is a member in good standing of the fraternal order of police	2835
associates of Ohio, inc., may apply to the registrar for the	2836
registration of the vehicle and issuance of fraternal order of	2837
police associate license plates. The application for fraternal	2838
order of police associate license plates may be combined with a	2839
request for a special reserved license plate under section 4503.40	2840
or 4503.42 of the Revised Code. Upon receipt of the completed	2841
application, presentation by the applicant of the required	2842
evidence that the applicant is a member in good standing of the	2843
fraternal order of police associates of Ohio, inc., and compliance	2844
with division (B) of this section, the registrar shall issue to	2845
the applicant the appropriate vehicle registration and a set of	2846
fraternal order of police associate license plates with a	2847
validation sticker or a validation sticker alone when required by	2848
section 4503.191 of the Revised Code.	2849

In addition to the letters and numbers ordinarily inscribed	2850
thereon, fraternal order of police associate license plates shall	2851
be inscribed with identifying words or markings designed by the	2852
fraternal order of police of Ohio, inc., and approved by the	2853
registrar. Fraternal order of police associate plates shall bear	2854
county identification stickers that identify the county of	2855
registration by name and number.	2856

(B) The registrar shall issue a set of fraternal order of	2857
police associate license plates with a validation sticker or a	2858
validation sticker alone upon receipt of a contribution as	2859
provided in division (C) of this section and upon payment of the	2860
regular license fees prescribed under section 4503.04 of the	2861
Revised Code, an additional fee of ten dollars for the purpose of	2862
compensating the bureau of motor vehicles for additional services	2863
required in the issuing of the fraternal order of police associate	2864
license plates, any applicable motor vehicle tax levied under	2865
Chapter 4504. of the Revised Code, and compliance with all other	2866
applicable laws relating to the registration of motor vehicles. If	2867
the application for fraternal order of police associate license	2868
plates is combined with a request for a special reserved license	2869
plate under section 4503.40 or 4503.42 of the Revised Code, the	2870
license plate and validation sticker shall be issued upon payment	2871
of the contribution, fees, and taxes contained in this division	2872
and the additional fee prescribed under section 4503.40 or 4503.42	2873
of the Revised Code.	2874

(C) For each application for registration and registration	2875
renewal the registrar receives under this section, the registrar	2876
shall collect a contribution of fifteen dollars. The registrar	2877
shall transmit this contribution to the treasurer of state for	2878
deposit in the fraternal order of police associate license plate	2879
contribution fund created in section 4501.2514501.21 of the	2880
Revised Code.	2881

The registrar shall transmit the additional fee of ten	2882
dollars specified in division (B) of this section to the treasurer	2883
of state for deposit into the state treasury to the credit of the	2884
state bureau of motor vehicles fund created by section 4501.25 of	2885
the Revised Code.	2886

Sec. 4503.72.  (A) The owner or lessee of any passenger car,	2887
noncommercial motor vehicle, recreational vehicle, or other	2888
vehicle of a class approved by the registrar of motor vehicles may	2889
apply to the registrar for the registration of the vehicle and	2890
issuance of Ohio court-appointed special advocate/guardian ad	2891
litem license plates. The application for Ohio court-appointed	2892
special advocate/guardian ad litem license plates may be combined	2893
with a request for a special reserved license plate under section	2894
4503.40 or 4503.42 of the Revised Code. Upon receipt of the	2895
completed application and compliance with division (B) of this	2896
section, the registrar shall issue to the applicant the	2897
appropriate vehicle registration and a set of Ohio court-appointed	2898
special advocate/guardian ad litem license plates with a	2899
validation sticker or a validation sticker alone when required by	2900
section 4503.191 of the Revised Code.	2901

In addition to the letters and numbers ordinarily inscribed	2902
thereon, Ohio court-appointed special advocate/guardian ad litem	2903
license plates shall be inscribed with identifying words or	2904
markings designed by the board of directors of the Ohio CASA/GAL	2905
association and approved by the registrar. Ohio court-appointed	2906
special advocate/guardian ad litem license plates shall bear	2907
county identification stickers that identify the county of	2908
registration by name or number.	2909

(B) The Ohio court-appointed special advocate/guardian ad	2910
litem license plates and validation sticker shall be issued upon	2911
receipt of a contribution as provided in division (C) of this	2912
section and upon payment of the regular license tax as prescribed	2913
under section 4503.04 of the Revised Code, a fee of ten dollars	2914
for the purpose of compensating the bureau of motor vehicles for	2915
additional services required in the issuing of the Ohio	2916
court-appointed special advocate/guardian ad litem license plates,	2917
any applicable motor vehicle tax levied under Chapter 4504. of the	2918
Revised Code, and compliance with all other applicable laws	2919
relating to the registration of motor vehicles. If the application	2920
for Ohio court-appointed special advocate/guardian ad litem	2921
license plates is combined with a request for a special reserved	2922
license plate under section 4503.40 or 4503.42 of the Revised	2923
Code, the license plate and validation sticker shall be issued	2924
upon payment of the contribution, fees, and taxes contained in	2925
this division and the additional fee prescribed under section	2926
4503.40 or 4503.42 of the Revised Code.	2927

(C) For each application for registration and registration	2928
renewal the registrar receives under this section, the registrar	2929
shall collect a contribution in an amount not to exceed forty	2930
dollars as determined by the board of directors of the Ohio	2931
CASA/GAL association. The registrar shall transmit this	2932
contribution to the treasurer of state for deposit in the Ohio	2933
court-appointed special advocate/guardian ad litem license plate	2934
contribution fund created in section 4501.284501.21 of the	2935
Revised Code.	2936

The registrar shall deposit the additional fee of ten dollars	2937
specified in division (B) of this section that the applicant for	2938
registration voluntarily pays for the purpose of compensating the	2939
bureau for the additional services required in the issuing of the	2940
applicant's Ohio court-appointed special advocate/guardian ad	2941
litem license plates in the state bureau of motor vehicles fund	2942
created in section 4501.25 of the Revised Code.	2943

Sec. 4503.73.  (A) The owner or lessee of any passenger car,	2944
noncommercial motor vehicle, motor home, or other vehicle of a	2945
class approved by the registrar of motor vehicles may apply to the	2946
registrar for the registration of the vehicle and issuance of "the	2947
leader in flight" license plates. The application for "the leader	2948
in flight" license plates may be combined with a request for a	2949
special reserved license plate under section 4503.40 or 4503.42 of	2950
the Revised Code. Upon receipt of the completed application and	2951
compliance with division (B) of this section, the registrar shall	2952
issue to the applicant the appropriate vehicle registration and a	2953
set of "the leader in flight" license plates with a validation	2954
sticker or a validation sticker alone when required by section	2955
4503.191 of the Revised Code.	2956

In addition to the letters and numbers ordinarily inscribed	2957
thereon, "the leader in flight" license plates shall be inscribed	2958
with the words "the leader in flight" and illustrations of a space	2959
shuttle in a vertical position and the Wright "B" airplane. "The	2960
leader in flight" license plates shall bear county identification	2961
stickers that identify the county of registration by name or	2962
number.	2963

(B) "The leader in flight" license plates and validation	2964
sticker shall be issued upon receipt of a contribution as provided	2965
in division (C) of this section and payment of the regular license	2966
tax as prescribed under section 4503.04 of the Revised Code, a fee	2967
of ten dollars for the purpose of compensating the bureau of motor	2968
vehicles for additional services required in the issuing of "the	2969
leader in flight" license plates, any applicable motor vehicle tax	2970
levied under Chapter 4504. of the Revised Code, and compliance	2971
with all other applicable laws relating to the registration of	2972
motor vehicles. If the application for "the leader in flight"	2973
license plates is combined with a request for a special reserved	2974
license plate under section 4503.40 or 4503.42 of the Revised	2975
Code, the license plate and validation sticker shall be issued	2976
upon payment of the fees and taxes referred to or established in	2977
this division and the additional fee prescribed under section	2978
4503.40 or 4503.42 of the Revised Code.	2979

(C) For each application for registration and registration	2980
renewal received under this section, the registrar shall collect a	2981
contribution of fifteen dollars. The registrar shall transmit this	2982
contribution to the treasurer of state for deposit in the leader	2983
in flight license plate contribution fund created in section	2984
4501.394501.21 of the Revised Code.	2985

The registrar shall deposit the additional fee of ten dollars	2986
specified in division (B) of this section that the applicant for	2987
registration voluntarily pays for the purpose of compensating the	2988
bureau for the additional services required in the issuing of the	2989
applicant's "the leader in flight" license plates in the state	2990
bureau of motor vehicles fund created in section 4501.25 of the	2991
Revised Code.	2992

Sec. 4503.75.  (A) The owner or lessee of any passenger car,	2993
noncommercial motor vehicle, recreational vehicle, or other	2994
vehicle of a class approved by the registrar of motor vehicles who	2995
also is a member of the rotary international may apply to the	2996
registrar for the registration of the vehicle and issuance of	2997
rotary international license plates. The application for rotary	2998
international license plates may be combined with a request for a	2999
special reserved license plate under section 4503.40 or 4503.42 of	3000
the Revised Code. Upon receipt of the completed application, proof	3001
of membership in rotary international as required by the	3002
registrar, and compliance with division (B) of this section, the	3003
registrar shall issue to the applicant the appropriate vehicle	3004
registration and a set of rotary international license plates with	3005
a validation sticker or a validation sticker alone when required	3006
by section 4503.191 of the Revised Code.	3007

In addition to the letters and numbers ordinarily inscribed	3008
thereon, rotary international license plates shall be inscribed	3009
with identifying words or markings representing the international	3010
rotary and approved by the registrar. Rotary international license	3011
plates shall bear county identification stickers that identify the	3012
county of registration by name or number.	3013

(B) The rotary international license plates and validation	3014
sticker shall be issued upon receipt of a contribution as provided	3015
in division (C) of this section and upon payment of the regular	3016
license tax as prescribed under section 4503.04 of the Revised	3017
Code, a fee of ten dollars for the purpose of compensating the	3018
bureau of motor vehicles for additional services required in the	3019
issuing of the rotary international license plates, any applicable	3020
motor vehicle tax levied under Chapter 4504. of the Revised Code,	3021
and compliance with all other applicable laws relating to the	3022
registration of motor vehicles. If the application for rotary	3023
international license plates is combined with a request for a	3024
special reserved license plate under section 4503.40 or 4503.42 of	3025
the Revised Code, the license plate and validation sticker shall	3026
be issued upon payment of the contribution, fees, and taxes	3027
contained in this division and the additional fee prescribed under	3028
section 4503.40 or 4503.42 of the Revised Code.	3029

(C) For each application for registration and registration	3030
renewal the registrar receives under this section, the registrar	3031
shall collect a contribution of fifteen dollars. The registrar	3032
shall transmit this contribution to the treasurer of state for	3033
deposit in the rotary international license plate contribution	3034
fund created in section 4501.294501.21 of the Revised Code.	3035

The registrar shall deposit the additional fee of ten dollars	3036
specified in division (B) of this section that the applicant for	3037
registration voluntarily pays for the purpose of compensating the	3038
bureau for the additional services required in the issuing of the	3039
applicant's rotary international license plates in the state	3040
bureau of motor vehicles fund created in section 4501.25 of the	3041
Revised Code.	3042

Sec. 4506.08.  (A) Each application for a commercial driver's	3043
license temporary instruction permit shall be accompanied by a fee	3044
of ten dollars; except as provided in division (B) of this	3045
section, each application for a commercial driver's license,	3046
restricted commercial driver's license, or renewal of such a	3047
license shall be accompanied by a fee of twenty-five dollars; and	3048
each application for a duplicate commercial driver's license shall	3049
be accompanied by a fee of ten dollars. In addition, the registrar	3050
of motor vehicles or deputy registrar may collect and retain an	3051
additional fee of no more than two dollars and seventy-five cents	3052
commencing on July 1, 2001, three dollars and twenty-five cents	3053
commencing on January 1, 2003, and three dollars and fifty cents	3054
commencing on January 1, 2004, for each application for a	3055
commercial driver's license temporary instruction permit,	3056
commercial driver's license, renewal of a commercial driver's	3057
license, or duplicate commercial driver's license received by the	3058
registrar or deputy. No fee shall be charged for the annual	3059
issuance of a waiver for farm-related service industries pursuant	3060
to section 4506.24 of the Revised Code.	3061

Each deputy registrar shall transmit the fees collected to	3062
the registrar at the time and in the manner prescribed by the	3063
registrar by rule. The registrar shall pay the fees into the state	3064
highway safety fund established in section 4501.06 of the Revised	3065
Code.	3066

(B) In addition to the fees imposed under division (A) of	3067
this section, the registrar of motor vehicles or deputy registrar	3068
shall collect a fee of twelve dollars commencing on October 1,	3069
2003, for each application for a commercial driver's license	3070
temporary instruction permit, commercial driver's license, or	3071
duplicate commercial driver's license and for each application for	3072
renewal of a commercial driver's license with an expiration date	3073
on or after that date received by the registrar or deputy	3074
registrar. The additional fee is for the purpose of defraying the	3075
department of public safety's costs associated with the	3076
administration and enforcement of the motor vehicle and traffic	3077
laws of Ohio. Each deputy registrar shall transmit the fees	3078
collected under division (B) of this section in the time and	3079
manner prescribed by the registrar. The registrar shall deposit	3080
all moneys received under division (B) of this section into the	3081
state highway safety fund established in section 4501.06 of the	3082
Revised Code.	3083

(C) Information regarding the driving record of any person	3084
holding a commercial driver's license issued by this state shall	3085
be furnished by the registrar, upon request and payment of a fee	3086
of three dollars, to the employer or prospective employer of such	3087
a person and to any insurer.	3088

Sec. 4507.23.  (A) Except as provided in division (H)(I) of	3089
this section, each application for a temporary instruction permit	3090
and examination shall be accompanied by a fee of four dollars.	3091

(B) Except as provided in division (H)(I) of this section,	3092
each application for a driver's license made by a person who	3093
previously held such a license and whose license has expired not	3094
more than two years prior to the date of application, and who is	3095
required under this chapter to give an actual demonstration of the	3096
person's ability to drive, shall be accompanied by a fee of three	3097
dollars in addition to any other fees.	3098

(C) Except as provided in divisions (E) and (H)(I) of this	3099
section, each application for a driver's license, or motorcycle	3100
operator's endorsement, or renewal of a driver's license shall be	3101
accompanied by a fee of six dollars. Except as provided in	3102
division (H)(I) of this section, each application for a duplicate	3103
driver's license shall be accompanied by a fee of two dollars and	3104
fifty cents. The duplicate driver's licenses issued under this	3105
section shall be distributed by the deputy registrar in accordance	3106
with rules adopted by the registrar of motor vehicles.	3107

(D) Except as provided in division (H)(I) of this section,	3108
each application for a motorized bicycle license or duplicate	3109
thereof shall be accompanied by a fee of two dollars and fifty	3110
cents.	3111

(E) Except as provided in division (H)(I) of this section,	3112
each application for a driver's license or renewal of a driver's	3113
license that will be issued to a person who is less than	3114
twenty-one years of age shall be accompanied by whichever of the	3115
following fees is applicable:	3116

(1) If the person is sixteen years of age or older, but less	3117
than seventeen years of age, a fee of seven dollars and	3118
twenty-five cents;	3119

(2) If the person is seventeen years of age or older, but	3120
less than eighteen years of age, a fee of six dollars;	3121

(3) If the person is eighteen years of age or older, but less	3122
than nineteen years of age, a fee of four dollars and seventy-five	3123
cents;	3124

(4) If the person is nineteen years of age or older, but less	3125
than twenty years of age, a fee of three dollars and fifty cents;	3126

(5) If the person is twenty years of age or older, but less	3127
than twenty-one years of age, a fee of two dollars and twenty-five	3128
cents.	3129

(F) Neither the registrar nor any deputy registrar shall	3130
charge a fee in excess of one dollar and fifty cents for	3131
laminating a driver's license, motorized bicycle license, or	3132
temporary instruction permit identification cards as required by	3133
sections 4507.13 and 4511.521 of the Revised Code. A deputy	3134
registrar laminating a driver's license, motorized bicycle	3135
license, or temporary instruction permit identification cards	3136
shall retain the entire amount of the fee charged for lamination,	3137
less the actual cost to the registrar of the laminating materials	3138
used for that lamination, as specified in the contract executed by	3139
the bureau for the laminating materials and laminating equipment.	3140
The deputy registrar shall forward the amount of the cost of the	3141
laminating materials to the registrar for deposit as provided in	3142
this section.	3143

(G) Except as provided in division (I) of this section and	3144
except for the renewal of a driver's license, commencing on	3145
October 1, 2003, each transaction described in divisions (A), (B),	3146
(C), (D), and (E) of this section shall be accompanied by an	3147
additional fee of twelve dollars. A transaction involving the	3148
renewal of a driver's license with an expiration date on or after	3149
that date shall be accompanied by an additional fee of twelve	3150
dollars. The additional fee is for the purpose of defraying the	3151
department of public safety's costs associated with the	3152
administration and enforcement of the motor vehicle and traffic	3153
laws of Ohio.	3154

(H) At the time and in the manner provided by section 4503.10	3155
of the Revised Code, the deputy registrar shall transmit the fees	3156
collected under divisions (A), (B), (C), (D), and (E), and those	3157
portions of the fees specified in and collected under division	3158
(F), and the additional fee under division (G) of this section to	3159
the registrar. The registrar shall pay two dollars and fifty cents	3160
of each fee collected under divisions (A), (B), (C), (D), and	3161
(E)(1) to (4) of this section, and the entire fee collected under	3162
division (E)(5) of this section, into the state highway safety	3163
fund established in section 4501.06 of the Revised Code, and such	3164
fees shall be used for the sole purpose of supporting driver	3165
licensing activities. The registrar also shall pay the entire fee	3166
collected under division (G) of this section into the state	3167
highway safety fund created in section 4501.06 of the Revised	3168
Code. The remaining fees collected by the registrar under this	3169
section shall be paid into the state bureau of motor vehicles fund	3170
established in section 4501.25 of the Revised Code.	3171

(H)(I) A disabled veteran who has a service-connected	3172
disability rated at one hundred per cent by the veterans'	3173
administration may apply to the registrar or a deputy registrar	3174
for the issuance to that veteran, without the payment of any fee	3175
prescribed in this section, of any of the following items:	3176

(1) A temporary instruction permit and examination;

3177

(2) A new, renewal, or duplicate driver's or commercial	3178
driver's license;	3179

(3) A motorcycle operator's endorsement;

3180

(4) A motorized bicycle license or duplicate thereof;

3181

(5) Lamination of a driver's license, motorized bicycle	3182
license, or temporary instruction permit identification card as	3183
provided in division (F) of this section, if the circumstances	3184
specified in division (H)(I)(5) of this section are met.	3185

If the driver's license, motorized bicycle license, or	3186
temporary instruction permit identification card of a disabled	3187
veteran described in division (H)(I) of this section is laminated	3188
by a deputy registrar who is acting as a deputy registrar pursuant	3189
to a contract with the registrar that is in effect on October 14,	3190
1997, the disabled veteran shall be required to pay the deputy	3191
registrar the lamination fee provided in division (F) of this	3192
section. If the driver's license, motorized bicycle license, or	3193
temporary instruction permit identification card of such a	3194
disabled veteran is laminated by a deputy registrar who is acting	3195
as a deputy registrar pursuant to a contract with the registrar	3196
that is executed after October 14, 1997, the disabled veteran is	3197
not required to pay the deputy registrar the lamination fee	3198
provided in division (F) of this section.	3199

A disabled veteran whose driver's license, motorized bicycle	3200
license, or temporary instruction permit identification card is	3201
laminated by the registrar is not required to pay the registrar	3202
any lamination fee.	3203

An application made under division (H)(I) of this section	3204
shall be accompanied by such documentary evidence of disability as	3205
the registrar may require by rule.	3206

Sec. 4508.08.  There is hereby created in the department of	3207
public safety the motorcycle safety and education program. The	3208
director of public safety shall administer the program in	3209
accordance with the following guidelines:	3210

(A) The program shall include courses of instruction	3211
conducted at vocational schools, community colleges, or other	3212
suitable locations, by instructors who have obtained certification	3213
in the manner and form prescribed by the director. The courses	3214
shall meet standards established by the motorcycle safety	3215
foundation for courses of instruction in motorcycle safety and	3216
education. The courses may include instruction for novice	3217
motorcycle operators, instruction in motorist awareness and	3218
alcohol and drug awareness, and any other kind of instruction the	3219
director considers appropriate. A tuition fee of not more than	3220
twenty-fivefifty dollars per student may be charged for each	3221
course if sufficient funds are not available in the motorcycle	3222
safety and education fund created in section 4501.13 of the	3223
Revised Code to pay all of the costs of conducting the motorcycle	3224
safety and education program.	3225

(B) In addition to courses of instruction, the program may	3226
include provisions for equipment purchases, marketing and	3227
promotion, improving motorcycle license testing procedures, and	3228
any other provisions the director considers appropriate.	3229

(C) The director shall evaluate the program every two years	3230
and shall periodically inspect the facilities, equipment, and	3231
procedures used in the courses of instruction.	3232

(D) The director shall appoint at least one training	3233
specialist who shall oversee the operation of the program,	3234
establish courses of instruction, and supervise instructors. The	3235
training specialist shall be a licensed motorcycle operator and	3236
shall obtain certification in the manner and form prescribed by	3237
the director.	3238

(E) The director may contract with other public agencies or	3239
with private organizations or corporations to assist in	3240
administering the program.	3241

(F) Notwithstanding any provision of Chapter 102. of the	3242
Revised Code, the director, in order to administer the program,	3243
may participate in a motorcycle manufacturer's motorcycle loan	3244
program.	3245

(G) The director shall contract with an insurance company or	3246
companies authorized to do business in this state to purchase a	3247
policy or policies of insurance with respect to the establishment	3248
or administration, or any other aspect of the operation of the	3249
program.	3250

Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to	3251
4511.78, inclusive, section 4511.99, and sections 4513.01 to	3252
4513.37, inclusive, of the Revised Code do not apply to persons,	3253
teams, motor vehicles, and other equipment while actually engaged	3254
in work upon the surface of a highway within an area designated by	3255
traffic control devices, but apply to such persons and vehicles	3256
when traveling to or from such work.	3257

(B) The driversdriver of snow plows, traffic line strippers,	3258
road sweepers, mowing machines, tar distributing vehicles, and	3259
other vehicles utilized in snow and ice removal or road surfacea	3260
highway maintenance vehicle owned by this state or any political	3261
subdivision of this state, while the driver is engaged in workthe	3262
performance of official duties upon a street or highway, provided	3263
such vehicles arethe highway maintenance vehicle is equipped with	3264
flashing lights and such other markings as are required by law,	3265
and such lights are in operation when the vehiclesdriver and	3266
vehicle are so engaged, shall be exempt from criminal prosecution	3267
for violations of sections 4511.22, 4511.25, 4511.26, 4511.27,	3268
4511.28, 4511.30, 4511.31, 4511.33, 4511.35, and 4511.66, 4513.02,	3269
and 5577.01 to 5577.09 of the Revised Code. Such exemption shall	3270
not apply to such drivers when their vehicles are not so engaged.	3271
This	3272

(C)(1) This section shalldoes not exempt a driver of such	3273
equipmenta highway maintenance vehicle from civil liability	3274
arising from thea violation of sectionssection 4511.22, 4511.25,	3275
4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, and	3276
4511.66, or 4513.02 or sections 5577.01 to 5577.09 of the Revised	3277
Code.	3278

(2) This section does not exempt the driver of a vehicle that	3279
is engaged in the transport of highway maintenance equipment from	3280
criminal liability for a violation of sections 5577.01 to 5577.09	3281
of the Revised Code.	3282

(D) As used in this section, "highway maintenance vehicle"	3283
means a vehicle used in snow and ice removal or road surface	3284
maintenance, including a snow plow, traffic line striper, road	3285
sweeper, mowing machine, asphalt distributing vehicle, or other	3286
such vehicle designed for use in specific highway maintenance	3287
activities.	3288

Sec. 4511.19.  (A) No person shall operate any vehicle,	3289
streetcar, or trackless trolley within this state, if any of the	3290
following apply:	3291

(1) The person is under the influence of alcohol, a drug of	3292
abuse, or alcohol and a drug of abuse;.	3293

(2) The person has a concentration of ten-hundredths	3294
eight-hundredths of one per cent or more but less than	3295
seventeen-hundredths of one per cent by weight of alcohol in the	3296
person's blood;.	3297

(3) The person has a concentration of ten-hundredths	3298
eight-hundredths of one gram or more but less than	3299
seventeen-hundredths of one gram by weight of alcohol per two	3300
hundred ten liters of the person's breath;.	3301

(4) The person has a concentration of fourteen-hundredths	3302
eleven-hundredths of one gram or more but less than two hundred	3303
thirty-eight-thousandths of one gram by weight of alcohol per one	3304
hundred milliliters of the person's urine;.	3305

(5) The person has a concentration of seventeen-hundredths of	3306
one per cent or more by weight of alcohol in the person's blood;.	3307

(6) The person has a concentration of seventeen-hundredths of	3308
one gram or more by weight of alcohol per two hundred ten liters	3309
of the person's breath;.	3310

(7) The person has a concentration of two hundred	3311
thirty-eight-thousandths of one gram or more by weight of alcohol	3312
per one hundred milliliters of the person's urine.	3313

(B) No person under twenty-one years of age shall operate any	3314
vehicle, streetcar, or trackless trolley within this state, if any	3315
of the following apply:	3316

(1) The person has a concentration of at least two-hundredths	3317
of one per cent but less than ten-hundredthseight-hundredths of	3318
one per cent by weight of alcohol in the person's blood;.	3319

(2) The person has a concentration of at least two-hundredths	3320
of one gram but less than ten-hundredthseight-hundredths of one	3321
gram by weight of alcohol per two hundred ten liters of the	3322
person's breath;.	3323

(3) The person has a concentration of at least twenty-eight	3324
one-thousandths of one gram but less than fourteen-hundredths	3325
eleven-hundredths of one gram by weight of alcohol per one hundred	3326
milliliters of the person's urine.	3327

(C) In any proceeding arising out of one incident, a person	3328
may be charged with a violation of division (A)(1) and a violation	3329
of division (B)(1), (2), or (3) of this section, but the person	3330
may not be convicted of more than one violation of these	3331
divisions.	3332

(D)(1) In any criminal prosecution or juvenile court	3333
proceeding for a violation of division (A) or (B) of this section,	3334
of a municipal ordinance relating to operating a vehicle while	3335
under the influence of alcohol, a drug of abuse, or alcohol and a	3336
drug of abuse, or of a municipal ordinance relating to operating a	3337
vehicle with a prohibited concentration of alcohol in the blood,	3338
breath, or urine, the court may admit evidence on the	3339
concentration of alcohol, drugs of abuse, or alcohol and drugs of	3340
abuse in the defendant's blood, breath, urine, or other bodily	3341
substance at the time of the alleged violation as shown by	3342
chemical analysis of the defendant's blood, urine, breath, or	3343
other bodily substance withdrawn within two hours of the time of	3344
the alleged violation.	3345

When a person submits to a blood test at the request of a	3346
police officer under section 4511.191 of the Revised Code, only a	3347
physician, a registered nurse, or a qualified technician or	3348
chemist shall withdraw blood for the purpose of determining its	3349
alcohol, drug, or alcohol and drug content. This limitation does	3350
not apply to the taking of breath or urine specimens. A physician,	3351
a registered nurse, or a qualified technician or chemist may	3352
refuse to withdraw blood for the purpose of determining the	3353
alcohol, drug, or alcohol and drug content of the blood, if in the	3354
opinion of the physician, nurse, technician, or chemist the	3355
physical welfare of the person would be endangered by the	3356
withdrawing of blood.	3357

Such bodily substance shall be analyzed in accordance with	3358
methods approved by the director of health by an individual	3359
possessing a valid permit issued by the director of health	3360
pursuant to section 3701.143 of the Revised Code.	3361

(2) In a criminal prosecution or juvenile court proceeding	3362
for a violation of division (A) of this section, of a municipal	3363
ordinance relating to operating a vehicle while under the	3364
influence of alcohol, a drug of abuse, or alcohol and a drug of	3365
abuse, or of a municipal ordinance substantially equivalent to	3366
division (A) of this section relating to operating a vehicle with	3367
a prohibited concentration of alcohol in the blood, breath, or	3368
urine, if there was at the time the bodily substance was withdrawn	3369
a concentration of less than ten-hundredthseight-hundredths of	3370
one per cent by weight of alcohol in the defendant's blood, less	3371
than ten-hundredthseight-hundredths of one gram by weight of	3372
alcohol per two hundred ten liters of the defendant's breath, or	3373
less than fourteen-hundredthseleven-hundredths of one gram by	3374
weight of alcohol per one hundred milliliters of the defendant's	3375
urine, suchthat fact may be considered with other competent	3376
evidence in determining the guilt or innocence of the defendant.	3377
This division does not limit or affect a criminal prosecution or	3378
juvenile court proceeding for a violation of division (B) of this	3379
section or of a municipal ordinance substantially equivalent to	3380
division (B) of this section relating to operating a vehicle with	3381
a prohibited concentration of alcohol in the blood, breath, or	3382
urine.	3383

(3) Upon the request of the person who was tested, the	3384
results of the chemical test shall be made available to the person	3385
or the person's attorney or agent immediately upon the completion	3386
of the chemical test analysis.	3387

The person tested may have a physician, a registered nurse,	3388
or a qualified technician or chemist of the person's own choosing	3389
administer a chemical test or tests in addition to any	3390
administered at the request of a police officer, and shall be so	3391
advised. The failure or inability to obtain an additional chemical	3392
test by a person shall not preclude the admission of evidence	3393
relating to the chemical test or tests taken at the request of a	3394
police officer.	3395

(4)(a) As used in divisions (D)(4)(b) and (c) of this	3396
section, "national highway traffic safety administration" means	3397
the national highway traffic safety administration established as	3398
an administration of the United States department of	3399
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	3400

(b) In any criminal prosecution or juvenile court proceeding	3401
for a violation of division (A) or (B) of this section, of a	3402
municipal ordinance relating to operating a vehicle while under	3403
the influence of alcohol, a drug of abuse, or alcohol and a drug	3404
of abuse, or of a municipal ordinance relating to operating a	3405
vehicle with a prohibited concentration of alcohol in the blood,	3406
breath, or urine, if a law enforcement officer has administered a	3407
field sobriety test to the operator of the vehicle involved in the	3408
violation and if it is shown by clear and convincing evidence that	3409
the officer administered the test in substantial compliance with	3410
the testing standards for any reliable, credible, and generally	3411
accepted field sobriety tests that were in effect at the time the	3412
tests were administered, including, but not limited to, any	3413
testing standards then in effect that were set by the national	3414
highway traffic safety administration, all of the following apply:	3415

(i) The officer may testify concerning the results of the	3416
field sobriety test so administered.	3417

(ii) The prosecution may introduce the results of the field	3418
sobriety test so administered as evidence in any proceedings in	3419
the criminal prosecution or juvenile court proceeding.	3420

(iii) If testimony is presented or evidence is introduced	3421
under division (D)(4)(b)(i) or (ii) of this section and if the	3422
testimony or evidence is admissible under the Rules of Evidence,	3423
the court shall admit the testimony or evidence and the trier of	3424
fact shall give it whatever weight the trier of fact considers to	3425
be appropriate.	3426

(c) Division (D)(4)(b) of this section does not limit or	3427
preclude a court, in its determination of whether the arrest of a	3428
person was supported by probable cause or its determination of any	3429
other matter in a criminal prosecution or juvenile court	3430
proceeding of a type described in that division, from considering	3431
evidence or testimony that is not otherwise disallowed by division	3432
(D)(4)(b) of this section.	3433

(5) Any physician, registered nurse, or qualified technician	3434
or chemist who withdraws blood from a person pursuant to this	3435
section, and any hospital, first-aid station, or clinic at which	3436
blood is withdrawn from a person pursuant to this section, is	3437
immune from criminal liability, and from civil liability that is	3438
based upon a claim of assault and battery or based upon any other	3439
claim that is not in the nature of a claim of malpractice, for any	3440
act performed in withdrawing blood from the person.	3441

Sec. 4511.191.  (A) Any person who operates a vehicle upon a	3442
highway or any public or private property used by the public for	3443
vehicular travel or parking within this state shall be deemed to	3444
have given consent to a chemical test or tests of the person's	3445
blood, breath, or urine for the purpose of determining the	3446
alcohol, drug, or alcohol and drug content of the person's blood,	3447
breath, or urine if arrested for operating a vehicle while under	3448
the influence of alcohol, a drug of abuse, or alcohol and a drug	3449
of abuse or for operating a vehicle with a prohibited	3450
concentration of alcohol in the blood, breath, or urine. The	3451
chemical test or tests shall be administered at the request of a	3452
police officer having reasonable grounds to believe the person to	3453
have been operating a vehicle upon a highway or any public or	3454
private property used by the public for vehicular travel or	3455
parking in this state while under the influence of alcohol, a drug	3456
of abuse, or alcohol and a drug of abuse or with a prohibited	3457
concentration of alcohol in the blood, breath, or urine. The law	3458
enforcement agency by which the officer is employed shall	3459
designate which of the tests shall be administered.	3460

(B) Any person who is dead or unconscious, or who is	3461
otherwise in a condition rendering the person incapable of	3462
refusal, shall be deemed not to have withdrawn consent as provided	3463
by division (A) of this section and the test or tests may be	3464
administered, subject to sections 313.12 to 313.16 of the Revised	3465
Code.	3466

(C)(1) Any person under arrest for operating a vehicle while	3467
under the influence of alcohol, a drug of abuse, or alcohol and a	3468
drug of abuse or for operating a vehicle with a prohibited	3469
concentration of alcohol in the blood, breath, or urine shall be	3470
advised at a police station, or at a hospital, first-aid station,	3471
or clinic to which the person has been taken for first-aid or	3472
medical treatment, of both of the following:	3473

(a) The consequences, as specified in division (E) of this	3474
section, of the person's refusal to submit upon request to a	3475
chemical test designated by the law enforcement agency as provided	3476
in division (A) of this section;	3477

(b) The consequences, as specified in division (F) of this	3478
section, of the person's submission to the designated chemical	3479
test if the person is found to have a prohibited concentration of	3480
alcohol in the blood, breath, or urine.	3481

(2)(a) The advice given pursuant to division (C)(1) of this	3482
section shall be in a written form containing the information	3483
described in division (C)(2)(b) of this section and shall be read	3484
to the person. The form shall contain a statement that the form	3485
was shown to the person under arrest and read to the person in the	3486
presence of the arresting officer and either another police	3487
officer, a civilian police employee, or an employee of a hospital,	3488
first-aid station, or clinic, if any, to which the person has been	3489
taken for first-aid or medical treatment. The witnesses shall	3490
certify to this fact by signing the form.	3491

(b) The form required by division (C)(2)(a) of this section	3492
shall read as follows:	3493

"You now are under arrest for operating a vehicle while under	3494
the influence of alcohol, a drug of abuse, or both alcohol and a	3495
drug of abuse and will be requested by a police officer to submit	3496
to a chemical test to determine the concentration of alcohol,	3497
drugs of abuse, or alcohol and drugs of abuse in your blood,	3498
breath, or urine.	3499

If you refuse to submit to the requested test or if you	3500
submit to the requested test and are found to have a prohibited	3501
concentration of alcohol in your blood, breath, or urine, your	3502
driver's or commercial driver's license or permit or nonresident	3503
operating privilege immediately will be suspended for the period	3504
of time specified by law by the officer, on behalf of the	3505
registrar of motor vehicles. You may appeal this suspension at	3506
your initial appearance before the court that hears the charges	3507
against you resulting from the arrest, and your initial appearance	3508
will be conducted no later than five days after the arrest. This	3509
suspension is independent of the penalties for the offense, and	3510
you may be subject to other penalties upon conviction."	3511

(D)(1) If a person under arrest as described in division	3512
(C)(1) of this section is not asked by a police officer to submit	3513
to a chemical test designated as provided in division (A) of this	3514
section, the arresting officer shall seize the Ohio or	3515
out-of-state driver's or commercial driver's license or permit of	3516
the person and immediately forward the seized license or permit to	3517
the court in which the arrested person is to appear on the charge	3518
for which the person was arrested. If the arrested person does not	3519
have the person's driver's or commercial driver's license or	3520
permit on the person's self or in the person's vehicle, the	3521
arresting officer shall order the arrested person to surrender it	3522
to the law enforcement agency that employs the officer within	3523
twenty-four hours after the arrest, and, upon the surrender, the	3524
officer's employing agency immediately shall forward the license	3525
or permit to the court in which the arrested person is to appear	3526
on the charge for which the person was arrested. Upon receipt of	3527
the license or permit, the court shall retain it pending the	3528
initial appearance of the arrested person and any action taken	3529
under section 4511.196 of the Revised Code.	3530

If a person under arrest as described in division (C)(1) of	3531
this section is asked by a police officer to submit to a chemical	3532
test designated as provided in division (A) of this section and is	3533
advised of the consequences of the person's refusal or submission	3534
as provided in division (C) of this section and if the person	3535
either refuses to submit to the designated chemical test or the	3536
person submits to the designated chemical test and the test	3537
results indicate that the person's blood contained a concentration	3538
of ten-hundredthseight-hundredths of one per cent or more by	3539
weight of alcohol, the person's breath contained a concentration	3540
of ten-hundredthseight-hundredths of one gram or more by weight	3541
of alcohol per two hundred ten liters of the person's breath, or	3542
the person's urine contained a concentration of	3543
fourteen-hundredthseleven-hundredths of one gram or more by	3544
weight of alcohol per one hundred milliliters of the person's	3545
urine at the time of the alleged offense, the arresting officer	3546
shall do all of the following:	3547

(a) On behalf of the registrar, serve a notice of suspension	3548
upon the person that advises the person that, independent of any	3549
penalties or sanctions imposed upon the person pursuant to any	3550
other section of the Revised Code or any other municipal	3551
ordinance, the person's driver's or commercial driver's license or	3552
permit or nonresident operating privilege is suspended, that the	3553
suspension takes effect immediately, that the suspension will last	3554
at least until the person's initial appearance on the charge that	3555
will be held within five days after the date of the person's	3556
arrest or the issuance of a citation to the person, and that the	3557
person may appeal the suspension at the initial appearance; seize	3558
the Ohio or out-of-state driver's or commercial driver's license	3559
or permit of the person; and immediately forward the seized	3560
license or permit to the registrar. If the arrested person does	3561
not have the person's driver's or commercial driver's license or	3562
permit on the person's self or in the person's vehicle, the	3563
arresting officer shall order the person to surrender it to the	3564
law enforcement agency that employs the officer within twenty-four	3565
hours after the service of the notice of suspension, and, upon the	3566
surrender, the officer's employing agency immediately shall	3567
forward the license or permit to the registrar.	3568

(b) Verify the current residence of the person and, if it	3569
differs from that on the person's driver's or commercial driver's	3570
license or permit, notify the registrar of the change;	3571

(c) In addition to forwarding the arrested person's driver's	3572
or commercial driver's license or permit to the registrar, send to	3573
the registrar, within forty-eight hours after the arrest of the	3574
person, a sworn report that includes all of the following	3575
statements:	3576

(i) That the officer had reasonable grounds to believe that,	3577
at the time of the arrest, the arrested person was operating a	3578
vehicle upon a highway or public or private property used by the	3579
public for vehicular travel or parking within this state while	3580
under the influence of alcohol, a drug of abuse, or alcohol and a	3581
drug of abuse or with a prohibited concentration of alcohol in the	3582
blood, breath, or urine;	3583

(ii) That the person was arrested and charged with operating	3584
a vehicle while under the influence of alcohol, a drug of abuse,	3585
or alcohol and a drug of abuse or with operating a vehicle with a	3586
prohibited concentration of alcohol in the blood, breath, or	3587
urine;	3588

(iii) That the officer asked the person to take the	3589
designated chemical test, advised the person of the consequences	3590
of submitting to the chemical test or refusing to take the	3591
chemical test, and gave the person the form described in division	3592
(C)(2) of this section;	3593

(iv) That the person refused to submit to the chemical test	3594
or that the person submitted to the chemical test and the test	3595
results indicate that the person's blood contained a concentration	3596
of ten-hundredthseight-hundredths of one per cent or more by	3597
weight of alcohol, the person's breath contained a concentration	3598
of ten-hundredthseight-hundredths of one gram or more by weight	3599
of alcohol per two hundred ten liters of the person's breath, or	3600
the person's urine contained a concentration of	3601
fourteen-hundredthseleven-hundredths of one gram or more by	3602
weight of alcohol per one hundred milliliters of the person's	3603
urine at the time of the alleged offense;	3604

(v) That the officer served a notice of suspension upon the	3605
person as described in division (D)(1)(a) of this section.	3606

(2) The sworn report of an arresting officer completed under	3607
division (D)(1)(c) of this section shall be given by the officer	3608
to the arrested person at the time of the arrest or sent to the	3609
person by regular first class mail by the registrar as soon	3610
thereafter as possible, but no later than fourteen days after	3611
receipt of the report. An arresting officer may give an unsworn	3612
report to the arrested person at the time of the arrest provided	3613
the report is complete when given to the arrested person and	3614
subsequently is sworn to by the arresting officer. As soon as	3615
possible, but no later than forty-eight hours after the arrest of	3616
the person, the arresting officer shall send a copy of the sworn	3617
report to the court in which the arrested person is to appear on	3618
the charge for which the person was arrested.	3619

(3) The sworn report of an arresting officer completed and	3620
sent to the registrar and the court under divisions (D)(1)(c) and	3621
(D)(2) of this section is prima-facie proof of the information and	3622
statements that it contains and shall be admitted and considered	3623
as prima-facie proof of the information and statements that it	3624
contains in any appeal under division (H) of this section relative	3625
to any suspension of a person's driver's or commercial driver's	3626
license or permit or nonresident operating privilege that results	3627
from the arrest covered by the report.	3628

(E)(1) Upon receipt of the sworn report of an arresting	3629
officer completed and sent to the registrar and a court pursuant	3630
to divisions (D)(1)(c) and (D)(2) of this section in regard to a	3631
person who refused to take the designated chemical test, the	3632
registrar shall enter into the registrar's records the fact that	3633
the person's driver's or commercial driver's license or permit or	3634
nonresident operating privilege was suspended by the arresting	3635
officer under division (D)(1)(a) of this section and the period of	3636
the suspension, as determined under divisions (E)(1)(a) to (d) of	3637
this section. The suspension shall be subject to appeal as	3638
provided in this section and shall be for whichever of the	3639
following periods applies:	3640

(a) If the arrested person, within five years of the date on	3641
which the person refused the request to consent to the chemical	3642
test, had not refused a previous request to consent to a chemical	3643
test of the person's blood, breath, or urine to determine its	3644
alcohol content, the period of suspension shall be one year. If	3645
the person is a resident without a license or permit to operate a	3646
vehicle within this state, the registrar shall deny to the person	3647
the issuance of a driver's or commercial driver's license or	3648
permit for a period of one year after the date of the alleged	3649
violation.	3650

(b) If the arrested person, within five years of the date on	3651
which the person refused the request to consent to the chemical	3652
test, had refused one previous request to consent to a chemical	3653
test of the person's blood, breath, or urine to determine its	3654
alcohol content, the period of suspension or denial shall be two	3655
years.	3656

(c) If the arrested person, within five years of the date on	3657
which the person refused the request to consent to the chemical	3658
test, had refused two previous requests to consent to a chemical	3659
test of the person's blood, breath, or urine to determine its	3660
alcohol content, the period of suspension or denial shall be three	3661
years.	3662

(d) If the arrested person, within five years of the date on	3663
which the person refused the request to consent to the chemical	3664
test, had refused three or more previous requests to consent to a	3665
chemical test of the person's blood, breath, or urine to determine	3666
its alcohol content, the period of suspension or denial shall be	3667
five years.	3668

(2) The suspension or denial imposed under division (E)(1) of	3669
this section shall continue for the entire one-year, two-year,	3670
three-year, or five-year period, subject to appeal as provided in	3671
this section and subject to termination as provided in division	3672
(K) of this section.	3673

(F) Upon receipt of the sworn report of an arresting officer	3674
completed and sent to the registrar and a court pursuant to	3675
divisions (D)(1)(c) and (D)(2) of this section in regard to a	3676
person whose test results indicate that the person's blood	3677
contained a concentration of ten-hundredthseight-hundredths of	3678
one per cent or more by weight of alcohol, the person's breath	3679
contained a concentration of ten-hundredthseight-hundredths of	3680
one gram or more by weight of alcohol per two hundred ten liters	3681
of the person's breath, or the person's urine contained a	3682
concentration of fourteen-hundredthseleven-hundredths of one gram	3683
or more by weight of alcohol per one hundred milliliters of the	3684
person's urine at the time of the alleged offense, the registrar	3685
shall enter into the registrar's records the fact that the	3686
person's driver's or commercial driver's license or permit or	3687
nonresident operating privilege was suspended by the arresting	3688
officer under division (D)(1)(a) of this section and the period of	3689
the suspension, as determined under divisions (F)(1) to (4) of	3690
this section. The suspension shall be subject to appeal as	3691
provided in this section and shall be for whichever of the	3692
following periods that applies:	3693

(1) Except when division (F)(2), (3), or (4) of this section	3694
applies and specifies a different period of suspension or denial,	3695
the period of the suspension or denial shall be ninety days.	3696

(2) The period of suspension or denial shall be one year if	3697
the person has been convicted, within six years of the date the	3698
test was conducted, of a violation of one of the following:	3699

(a) Division (A) or (B) of section 4511.19 of the Revised	3700
Code;	3701

(b) A municipal ordinance relating to operating a vehicle	3702
while under the influence of alcohol, a drug of abuse, or alcohol	3703
and a drug of abuse;	3704

(c) A municipal ordinance relating to operating a vehicle	3705
with a prohibited concentration of alcohol in the blood, breath,	3706
or urine;	3707

(d) Section 2903.04 of the Revised Code in a case in which	3708
the offender was subject to the sanctions described in division	3709
(D) of that section;	3710

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	3711
section 2903.08 of the Revised Code or a municipal ordinance that	3712
is substantially similar to either of those divisions;	3713

(f) Division (A)(2), (3), or (4) of section 2903.06, division	3714
(A)(2) of section 2903.08, or former section 2903.07 of the	3715
Revised Code, or a municipal ordinance that is substantially	3716
similar to any of those divisions or that former section, in a	3717
case in which the jury or judge found that at the time of the	3718
commission of the offense the offender was under the influence of	3719
alcohol, a drug of abuse, or alcohol and a drug of abuse;	3720

(g) A statute of the United States or of any other state or a	3721
municipal ordinance of a municipal corporation located in any	3722
other state that is substantially similar to division (A) or (B)	3723
of section 4511.19 of the Revised Code.	3724

(3) If the person has been convicted, within six years of the	3725
date the test was conducted, of two violations of a statute or	3726
ordinance described in division (F)(2) of this section, the period	3727
of the suspension or denial shall be two years.	3728

(4) If the person has been convicted, within six years of the	3729
date the test was conducted, of more than two violations of a	3730
statute or ordinance described in division (F)(2) of this section,	3731
the period of the suspension or denial shall be three years.	3732

(G)(1) A suspension of a person's driver's or commercial	3733
driver's license or permit or nonresident operating privilege	3734
under division (D)(1)(a) of this section for the period of time	3735
described in division (E) or (F) of this section is effective	3736
immediately from the time at which the arresting officer serves	3737
the notice of suspension upon the arrested person. Any subsequent	3738
finding that the person is not guilty of the charge that resulted	3739
in the person being requested to take, or in the person taking,	3740
the chemical test or tests under division (A) of this section	3741
affects the suspension only as described in division (H)(2) of	3742
this section.	3743

(2) If a person is arrested for operating a vehicle while	3744
under the influence of alcohol, a drug of abuse, or alcohol and a	3745
drug of abuse or for operating a vehicle with a prohibited	3746
concentration of alcohol in the blood, breath, or urine and	3747
regardless of whether the person's driver's or commercial driver's	3748
license or permit or nonresident operating privilege is or is not	3749
suspended under division (E) or (F) of this section, the person's	3750
initial appearance on the charge resulting from the arrest shall	3751
be held within five days of the person's arrest or the issuance of	3752
the citation to the person, subject to any continuance granted by	3753
the court pursuant to division (H)(1) of this section regarding	3754
the issues specified in that division.	3755

(H)(1) If a person is arrested for operating a vehicle while	3756
under the influence of alcohol, a drug of abuse, or alcohol and a	3757
drug of abuse or for operating a vehicle with a prohibited	3758
concentration of alcohol in the blood, breath, or urine and if the	3759
person's driver's or commercial driver's license or permit or	3760
nonresident operating privilege is suspended under division (E) or	3761
(F) of this section, the person may appeal the suspension at the	3762
person's initial appearance on the charge resulting from the	3763
arrest in the court in which the person will appear on that	3764
charge. If the person appeals the suspension at the person's	3765
initial appearance, the appeal does not stay the operation of the	3766
suspension. Subject to division (H)(2) of this section, no court	3767
has jurisdiction to grant a stay of a suspension imposed under	3768
division (E) or (F) of this section, and any order issued by any	3769
court that purports to grant a stay of any suspension imposed	3770
under either of those divisions shall not be given administrative	3771
effect.	3772

If the person appeals the suspension at the person's initial	3773
appearance, either the person or the registrar may request a	3774
continuance of the appeal. Either the person or the registrar	3775
shall make the request for a continuance of the appeal at the same	3776
time as the making of the appeal. If either the person or the	3777
registrar requests a continuance of the appeal, the court may	3778
grant the continuance. The court also may continue the appeal on	3779
its own motion. The granting of a continuance applies only to the	3780
conduct of the appeal of the suspension and does not extend the	3781
time within which the initial appearance must be conducted, and	3782
the court shall proceed with all other aspects of the initial	3783
appearance in accordance with its normal procedures. Neither the	3784
request for nor the granting of a continuance stays the operation	3785
of the suspension that is the subject of the appeal.	3786

If the person appeals the suspension at the person's initial	3787
appearance, the scope of the appeal is limited to determining	3788
whether one or more of the following conditions have not been met:	3789

(a) Whether the law enforcement officer had reasonable ground	3790
to believe the arrested person was operating a vehicle upon a	3791
highway or public or private property used by the public for	3792
vehicular travel or parking within this state while under the	3793
influence of alcohol, a drug of abuse, or alcohol and a drug of	3794
abuse or with a prohibited concentration of alcohol in the blood,	3795
breath, or urine and whether the arrested person was in fact	3796
placed under arrest;	3797

(b) Whether the law enforcement officer requested the	3798
arrested person to submit to the chemical test designated pursuant	3799
to division (A) of this section;	3800

(c) Whether the arresting officer informed the arrested	3801
person of the consequences of refusing to be tested or of	3802
submitting to the test;	3803

(d) Whichever of the following is applicable:

3804

(i) Whether the arrested person refused to submit to the	3805
chemical test requested by the officer;	3806

(ii) Whether the chemical test results indicate that the	3807
arrested person's blood contained a concentration of	3808
ten-hundredthseight-hundredths of one per cent or more by weight	3809
of alcohol, the person's breath contained a concentration of	3810
ten-hundredthseight-hundredths of one gram or more by weight of	3811
alcohol per two hundred ten liters of the person's breath, or the	3812
person's urine contained a concentration of fourteen-hundredths	3813
eleven-hundredths of one gram or more by weight of alcohol per one	3814
hundred milliliters of the person's urine at the time of the	3815
alleged offense.	3816

(2) If the person appeals the suspension at the initial	3817
appearance, the judge or referee of the court or the mayor of the	3818
mayor's court shall determine whether one or more of the	3819
conditions specified in divisions (H)(1)(a) to (d) of this section	3820
have not been met. The person who appeals the suspension has the	3821
burden of proving, by a preponderance of the evidence, that one or	3822
more of the specified conditions has not been met. If during the	3823
appeal at the initial appearance the judge or referee of the court	3824
or the mayor of the mayor's court determines that all of those	3825
conditions have been met, the judge, referee, or mayor shall	3826
uphold the suspension, shall continue the suspension, and shall	3827
notify the registrar of the decision on a form approved by the	3828
registrar. Except as otherwise provided in division (H)(2) of this	3829
section, if the suspension is upheld or if the person does not	3830
appeal the suspension at the person's initial appearance under	3831
division (H)(1) of this section, the suspension shall continue	3832
until the complaint alleging the violation for which the person	3833
was arrested and in relation to which the suspension was imposed	3834
is adjudicated on the merits by the judge or referee of the trial	3835
court or by the mayor of the mayor's court. If the suspension was	3836
imposed under division (E) of this section and it is continued	3837
under this division, any subsequent finding that the person is not	3838
guilty of the charge that resulted in the person being requested	3839
to take the chemical test or tests under division (A) of this	3840
section does not terminate or otherwise affect the suspension. If	3841
the suspension was imposed under division (F) of this section and	3842
it is continued under this division, the suspension shall	3843
terminate if, for any reason, the person subsequently is found not	3844
guilty of the charge that resulted in the person taking the	3845
chemical test or tests under division (A) of this section.	3846

If, during the appeal at the initial appearance, the judge or	3847
referee of the trial court or the mayor of the mayor's court	3848
determines that one or more of the conditions specified in	3849
divisions (H)(1)(a) to (d) of this section have not been met, the	3850
judge, referee, or mayor shall terminate the suspension, subject	3851
to the imposition of a new suspension under division (B) of	3852
section 4511.196 of the Revised Code; shall notify the registrar	3853
of the decision on a form approved by the registrar; and, except	3854
as provided in division (B) of section 4511.196 of the Revised	3855
Code, shall order the registrar to return the driver's or	3856
commercial driver's license or permit to the person or to take	3857
such measures as may be necessary, if the license or permit was	3858
destroyed under section 4507.55 of the Revised Code, to permit the	3859
person to obtain a replacement driver's or commercial driver's	3860
license or permit from the registrar or a deputy registrar in	3861
accordance with that section. The court also shall issue to the	3862
person a court order, valid for not more than ten days from the	3863
date of issuance, granting the person operating privileges for	3864
that period of time.	3865

If the person appeals the suspension at the initial	3866
appearance, the registrar shall be represented by the prosecuting	3867
attorney of the county in which the arrest occurred if the initial	3868
appearance is conducted in a juvenile court or county court,	3869
except that if the arrest occurred within a city or village within	3870
the jurisdiction of the county court in which the appeal is	3871
conducted, the city director of law or village solicitor of that	3872
city or village shall represent the registrar. If the appeal is	3873
conducted in a municipal court, the registrar shall be represented	3874
as provided in section 1901.34 of the Revised Code. If the appeal	3875
is conducted in a mayor's court, the registrar shall be	3876
represented by the city director of law, village solicitor, or	3877
other chief legal officer of the municipal corporation that	3878
operates that mayor's court.	3879

(I)(1)(a) A person is not entitled to request, and a court	3880
shall not grant to the person, occupational driving privileges	3881
under division (I)(1) of this section if a person's driver's or	3882
commercial driver's license or permit or nonresident operating	3883
privilege has been suspended pursuant to division (E) of this	3884
section, and the person, within the preceding seven years, has	3885
refused three previous requests to consent to a chemical test of	3886
the person's blood, breath, or urine to determine its alcohol	3887
content or has been convicted of or pleaded guilty to three or	3888
more violations of one or more of the following:	3889

(i) Division (A) or (B) of section 4511.19 of the Revised	3890
Code;	3891

(ii) A municipal ordinance relating to operating a vehicle	3892
while under the influence of alcohol, a drug of abuse, or alcohol	3893
and a drug of abuse;	3894

(iii) A municipal ordinance relating to operating a vehicle	3895
with a prohibited concentration of alcohol in the blood, breath,	3896
or urine;	3897

(iv) Section 2903.04 of the Revised Code in a case in which	3898
the person was subject to the sanctions described in division (D)	3899
of that section;	3900

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	3901
section 2903.08 of the Revised Code or a municipal ordinance that	3902
is substantially similar to either of those divisions;	3903

(vi) Division (A)(2), (3), or (4) of section 2903.06,	3904
division (A)(2) of section 2903.08, or former section 2903.07 of	3905
the Revised Code, or a municipal ordinance that is substantially	3906
similar to any of those divisions or that former section, in a	3907
case in which the jury or judge found that the person was under	3908
the influence of alcohol, a drug of abuse, or alcohol and a drug	3909
of abuse;	3910

(vii) A statute of the United States or of any other state or	3911
a municipal ordinance of a municipal corporation located in any	3912
other state that is substantially similar to division (A) or (B)	3913
of section 4511.19 of the Revised Code.	3914

(b) Any other person who is not described in division	3915
(I)(1)(a) of this section and whose driver's or commercial	3916
driver's license or nonresident operating privilege has been	3917
suspended pursuant to division (E) of this section may file a	3918
petition requesting occupational driving privileges in the common	3919
pleas court, municipal court, county court, mayor's court, or, if	3920
the person is a minor, juvenile court with jurisdiction over the	3921
related criminal or delinquency case. The petition may be filed at	3922
any time subsequent to the date on which the notice of suspension	3923
is served upon the arrested person. The person shall pay the costs	3924
of the proceeding, notify the registrar of the filing of the	3925
petition, and send the registrar a copy of the petition.	3926

In the proceedings, the registrar shall be represented by the	3927
prosecuting attorney of the county in which the arrest occurred if	3928
the petition is filed in the juvenile court, county court, or	3929
common pleas court, except that, if the arrest occurred within a	3930
city or village within the jurisdiction of the county court in	3931
which the petition is filed, the city director of law or village	3932
solicitor of that city or village shall represent the registrar.	3933
If the petition is filed in the municipal court, the registrar	3934
shall be represented as provided in section 1901.34 of the Revised	3935
Code. If the petition is filed in a mayor's court, the registrar	3936
shall be represented by the city director of law, village	3937
solicitor, or other chief legal officer of the municipal	3938
corporation that operates the mayor's court.	3939

The court, if it finds reasonable cause to believe that	3940
suspension would seriously affect the person's ability to continue	3941
in the person's employment, may grant the person occupational	3942
driving privileges during the period of suspension imposed	3943
pursuant to division (E) of this section, subject to the	3944
limitations contained in this division and division (I)(2) of this	3945
section. The court may grant the occupational driving privileges,	3946
subject to the limitations contained in this division and division	3947
(I)(2) of this section, regardless of whether the person appeals	3948
the suspension at the person's initial appearance under division	3949
(H)(1) of this section or appeals the decision of the court made	3950
pursuant to the appeal conducted at the initial appearance, and,	3951
if the person has appealed the suspension or decision, regardless	3952
of whether the matter at issue has been heard or decided by the	3953
court. The court shall not grant occupational driving privileges	3954
for employment as a driver of commercial motor vehicles to any	3955
person who is disqualified from operating a commercial motor	3956
vehicle under section 3123.611 or 4506.16 of the Revised Code or	3957
whose commercial driver's license or commercial driver's temporary	3958
instruction permit has been suspended under section 3123.58 of the	3959
Revised Code.	3960

(2)(a) In granting occupational driving privileges under	3961
division (I)(1) of this section, the court may impose any	3962
condition it considers reasonable and necessary to limit the use	3963
of a vehicle by the person. The court shall deliver to the person	3964
a permit card, in a form to be prescribed by the court, setting	3965
forth the time, place, and other conditions limiting the	3966
defendant's use of a vehicle. The grant of occupational driving	3967
privileges shall be conditioned upon the person's having the	3968
permit in the person's possession at all times during which the	3969
person is operating a vehicle.	3970

A person granted occupational driving privileges who operates	3971
a vehicle for other than occupational purposes, in violation of	3972
any condition imposed by the court, or without having the permit	3973
in the person's possession, is guilty of a violation of section	3974
4507.02 of the Revised Code.	3975

(b) The court may not grant a person occupational driving	3976
privileges under division (I)(1) of this section when prohibited	3977
by a limitation contained in that division or during any of the	3978
following periods of time:	3979

(i) The first thirty days of suspension imposed upon a person	3980
who, within five years of the date on which the person refused the	3981
request to consent to a chemical test of the person's blood,	3982
breath, or urine to determine its alcohol content and for which	3983
refusal the suspension was imposed, had not refused a previous	3984
request to consent to a chemical test of the person's blood,	3985
breath, or urine to determine its alcohol content;	3986

(ii) The first ninety days of suspension imposed upon a	3987
person who, within five years of the date on which the person	3988
refused the request to consent to a chemical test of the person's	3989
blood, breath, or urine to determine its alcohol content and for	3990
which refusal the suspension was imposed, had refused one previous	3991
request to consent to a chemical test of the person's blood,	3992
breath, or urine to determine its alcohol content;	3993

(iii) The first year of suspension imposed upon a person who,	3994
within five years of the date on which the person refused the	3995
request to consent to a chemical test of the person's blood,	3996
breath, or urine to determine its alcohol content and for which	3997
refusal the suspension was imposed, had refused two previous	3998
requests to consent to a chemical test of the person's blood,	3999
breath, or urine to determine its alcohol content;	4000

(iv) The first three years of suspension imposed upon a	4001
person who, within five years of the date on which the person	4002
refused the request to consent to a chemical test of the person's	4003
blood, breath, or urine to determine its alcohol content and for	4004
which refusal the suspension was imposed, had refused three or	4005
more previous requests to consent to a chemical test of the	4006
person's blood, breath, or urine to determine its alcohol content.	4007

(3) The court shall give information in writing of any action	4008
taken under this section to the registrar.	4009

(4) If a person's driver's or commercial driver's license or	4010
permit or nonresident operating privilege has been suspended	4011
pursuant to division (F) of this section, and the person, within	4012
the preceding seven years, has been convicted of or pleaded guilty	4013
to three or more violations of division (A) or (B) of section	4014
4511.19 of the Revised Code, a municipal ordinance relating to	4015
operating a vehicle while under the influence of alcohol, a drug	4016
of abuse, or alcohol and a drug of abuse, a municipal ordinance	4017
relating to operating a vehicle with a prohibited concentration of	4018
alcohol in the blood, breath, or urine, section 2903.04 of the	4019
Revised Code in a case in which the person was subject to the	4020
sanctions described in division (D) of that section, or section	4021
2903.06, 2903.07, or 2903.08 or former section 2903.07 of the	4022
Revised Code or a municipal ordinance that is substantially	4023
similar to former section 2903.07 of the Revised Code in a case in	4024
which the jury or judge found that the person was under the	4025
influence of alcohol, a drug of abuse, or alcohol and a drug of	4026
abuse, or a statute of the United States or of any other state or	4027
a municipal ordinance of a municipal corporation located in any	4028
other state that is substantially similar to division (A) or (B)	4029
of section 4511.19 of the Revised Code, the person is not entitled	4030
to request, and the court shall not grant to the person,	4031
occupational driving privileges under this division. Any other	4032
person whose driver's or commercial driver's license or	4033
nonresident operating privilege has been suspended pursuant to	4034
division (F) of this section may file in the court specified in	4035
division (I)(1)(b) of this section a petition requesting	4036
occupational driving privileges in accordance with section 4507.16	4037
of the Revised Code. The petition may be filed at any time	4038
subsequent to the date on which the arresting officer serves the	4039
notice of suspension upon the arrested person. Upon the making of	4040
the request, occupational driving privileges may be granted in	4041
accordance with section 4507.16 of the Revised Code. The court may	4042
grant the occupational driving privileges, subject to the	4043
limitations contained in section 4507.16 of the Revised Code,	4044
regardless of whether the person appeals the suspension at the	4045
person's initial appearance under division (H)(1) of this section	4046
or appeals the decision of the court made pursuant to the appeal	4047
conducted at the initial appearance, and, if the person has	4048
appealed the suspension or decision, regardless of whether the	4049
matter at issue has been heard or decided by the court.	4050

(J) When it finally has been determined under the procedures	4051
of this section that a nonresident's privilege to operate a	4052
vehicle within this state has been suspended, the registrar shall	4053
give information in writing of the action taken to the motor	4054
vehicle administrator of the state of the person's residence and	4055
of any state in which the person has a license.	4056

(K) A suspension of the driver's or commercial driver's	4057
license or permit of a resident, a suspension of the operating	4058
privilege of a nonresident, or a denial of a driver's or	4059
commercial driver's license or permit pursuant to division (E) or	4060
(F) of this section shall be terminated by the registrar upon	4061
receipt of notice of the person's entering a plea of guilty to, or	4062
of the person's conviction of, operating a vehicle while under the	4063
influence of alcohol, a drug of abuse, or alcohol and a drug of	4064
abuse or with a prohibited concentration of alcohol in the blood,	4065
breath, or urine, if the offense for which the plea is entered or	4066
that resulted in the conviction arose from the same incident that	4067
led to the suspension or denial.	4068

The registrar shall credit against any judicial suspension of	4069
a person's driver's or commercial driver's license or permit or	4070
nonresident operating privilege imposed pursuant to division (B)	4071
or (E) of section 4507.16 of the Revised Code any time during	4072
which the person serves a related suspension imposed pursuant to	4073
division (E) or (F) of this section.	4074

(L) At the end of a suspension period under this section,	4075
section 4511.196, or division (B) of section 4507.16 of the	4076
Revised Code and upon the request of the person whose driver's or	4077
commercial driver's license or permit was suspended and who is not	4078
otherwise subject to suspension, revocation, or disqualification,	4079
the registrar shall return the driver's or commercial driver's	4080
license or permit to the person upon the person's compliance with	4081
all of the conditions specified in divisions (L)(1) and (2) of	4082
this section:	4083

(1) A showing by the person that the person has proof of	4084
financial responsibility, a policy of liability insurance in	4085
effect that meets the minimum standards set forth in section	4086
4509.51 of the Revised Code, or proof, to the satisfaction of the	4087
registrar, that the person is able to respond in damages in an	4088
amount at least equal to the minimum amounts specified in section	4089
4509.51 of the Revised Code.	4090

(2) Subject to the limitation contained in division (L)(3) of	4091
this section, payment by the person of a license reinstatement fee	4092
of four hundred twenty-five dollars to the bureau of motor	4093
vehicles, which fee shall be deposited in the state treasury and	4094
credited as follows:	4095

(a) One hundred twelve dollars and fifty cents shall be	4096
credited to the statewide treatment and prevention fund created by	4097
section 4301.30 of the Revised Code. The fund shall be used to pay	4098
the costs of driver treatment and intervention programs operated	4099
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	4100
director of alcohol and drug addiction services shall determine	4101
the share of the fund that is to be allocated to alcohol and drug	4102
addiction programs authorized by section 3793.02 of the Revised	4103
Code, and the share of the fund that is to be allocated to	4104
drivers' intervention programs authorized by section 3793.10 of	4105
the Revised Code.	4106

(b) Seventy-five dollars shall be credited to the reparations	4107
fund created by section 2743.191 of the Revised Code.	4108

(c) Thirty-seven dollars and fifty cents shall be credited to	4109
the indigent drivers alcohol treatment fund, which is hereby	4110
established. Except as otherwise provided in division (L)(2)(c) of	4111
this section, moneys in the fund shall be distributed by the	4112
department of alcohol and drug addiction services to the county	4113
indigent drivers alcohol treatment funds, the county juvenile	4114
indigent drivers alcohol treatment funds, and the municipal	4115
indigent drivers alcohol treatment funds that are required to be	4116
established by counties and municipal corporations pursuant to	4117
division (N) of this section, and shall be used only to pay the	4118
cost of an alcohol and drug addiction treatment program attended	4119
by an offender or juvenile traffic offender who is ordered to	4120
attend an alcohol and drug addiction treatment program by a	4121
county, juvenile, or municipal court judge and who is determined	4122
by the county, juvenile, or municipal court judge not to have the	4123
means to pay for attendance at the program or to pay the costs	4124
specified in division (N)(4) of this section in accordance with	4125
that division. Moneys in the fund that are not distributed to a	4126
county indigent drivers alcohol treatment fund, a county juvenile	4127
indigent drivers alcohol treatment fund, or a municipal indigent	4128
drivers alcohol treatment fund under division (N) of this section	4129
because the director of alcohol and drug addiction services does	4130
not have the information necessary to identify the county or	4131
municipal corporation where the offender or juvenile offender was	4132
arrested may be transferred by the director of budget and	4133
management to the statewide treatment and prevention fund created	4134
by section 4301.30 of the Revised Code, upon certification of the	4135
amount by the director of alcohol and drug addiction services.	4136

(d) Seventy-five dollars shall be credited to the Ohio	4137
rehabilitation services commission established by section 3304.12	4138
of the Revised Code, to the services for rehabilitation fund,	4139
which is hereby established. The fund shall be used to match	4140
available federal matching funds where appropriate, and for any	4141
other purpose or program of the commission to rehabilitate people	4142
with disabilities to help them become employed and independent.	4143

(e) Seventy-five dollars shall be deposited into the state	4144
treasury and credited to the drug abuse resistance education	4145
programs fund, which is hereby established, to be used by the	4146
attorney general for the purposes specified in division (L)(4) of	4147
this section.	4148

(f) Thirty dollars shall be credited to the state bureau of	4149
motor vehicles fund created by section 4501.25 of the Revised	4150
Code.	4151

(g) Twenty dollars shall be credited to the trauma and	4152
emergency medical services grants fund created by section 4513.263	4153
of the Revised Code.	4154

(3) If a person's driver's or commercial driver's license or	4155
permit is suspended under division (E) or (F) of this section,	4156
section 4511.196, or division (B) of section 4507.16 of the	4157
Revised Code, or any combination of the suspensions described in	4158
division (L)(3) of this section, and if the suspensions arise from	4159
a single incident or a single set of facts and circumstances, the	4160
person is liable for payment of, and shall be required to pay to	4161
the bureau, only one reinstatement fee of four hundred five	4162
dollars. The reinstatement fee shall be distributed by the bureau	4163
in accordance with division (L)(2) of this section.	4164

(4) The attorney general shall use amounts in the drug abuse	4165
resistance education programs fund to award grants to law	4166
enforcement agencies to establish and implement drug abuse	4167
resistance education programs in public schools. Grants awarded to	4168
a law enforcement agency under division (L)(2)(e)(4) of this	4169
section shall be used by the agency to pay for not more than fifty	4170
per cent of the amount of the salaries of law enforcement officers	4171
who conduct drug abuse resistance education programs in public	4172
schools. The attorney general shall not use more than six per cent	4173
of the amounts the attorney general's office receives under	4174
division (L)(2)(e) of this section to pay the costs it incurs in	4175
administering the grant program established by division	4176
(L)(2)(e)(4) of this section and in providing training and	4177
materials relating to drug abuse resistance education programs.	4178

The attorney general shall report to the governor and the	4179
general assembly each fiscal year on the progress made in	4180
establishing and implementing drug abuse resistance education	4181
programs. These reports shall include an evaluation of the	4182
effectiveness of these programs.	4183

(M) Suspension of a commercial driver's license under	4184
division (E) or (F) of this section shall be concurrent with any	4185
period of disqualification under section 3123.611 or 4506.16 of	4186
the Revised Code or any period of suspension under section 3123.58	4187
of the Revised Code. No person who is disqualified for life from	4188
holding a commercial driver's license under section 4506.16 of the	4189
Revised Code shall be issued a driver's license under Chapter	4190
4507. of the Revised Code during the period for which the	4191
commercial driver's license was suspended under division (E) or	4192
(F) of this section, and no person whose commercial driver's	4193
license is suspended under division (E) or (F) of this section	4194
shall be issued a driver's license under that chapter during the	4195
period of the suspension.	4196

(N)(1) Each county shall establish an indigent drivers	4197
alcohol treatment fund, each county shall establish a juvenile	4198
indigent drivers alcohol treatment fund, and each municipal	4199
corporation in which there is a municipal court shall establish an	4200
indigent drivers alcohol treatment fund. All revenue that the	4201
general assembly appropriates to the indigent drivers alcohol	4202
treatment fund for transfer to a county indigent drivers alcohol	4203
treatment fund, a county juvenile indigent drivers alcohol	4204
treatment fund, or a municipal indigent drivers alcohol treatment	4205
fund, all portions of fees that are paid under division (L) of	4206
this section and that are credited under that division to the	4207
indigent drivers alcohol treatment fund in the state treasury for	4208
a county indigent drivers alcohol treatment fund, a county	4209
juvenile indigent drivers alcohol treatment fund, or a municipal	4210
indigent drivers alcohol treatment fund, and all portions of fines	4211
that are specified for deposit into a county or municipal indigent	4212
drivers alcohol treatment fund by section 4511.193 of the Revised	4213
Code shall be deposited into that county indigent drivers alcohol	4214
treatment fund, county juvenile indigent drivers alcohol treatment	4215
fund, or municipal indigent drivers alcohol treatment fund in	4216
accordance with division (N)(2) of this section. Additionally, all	4217
portions of fines that are paid for a violation of section 4511.19	4218
of the Revised Code or division (B)(2) of section 4507.02 of the	4219
Revised Code, and that are required under division (A)(1), (2),	4220
(5), or (6) of section 4511.99 or division (B)(5) of section	4221
4507.99 of the Revised Code to be deposited into a county indigent	4222
drivers alcohol treatment fund or municipal indigent drivers	4223
alcohol treatment fund shall be deposited into the appropriate	4224
fund in accordance with the applicable division.	4225

(2) That portion of the license reinstatement fee that is	4226
paid under division (L) of this section and that is credited under	4227
that division to the indigent drivers alcohol treatment fund shall	4228
be deposited into a county indigent drivers alcohol treatment	4229
fund, a county juvenile indigent drivers alcohol treatment fund,	4230
or a municipal indigent drivers alcohol treatment fund as follows:	4231

(a) If the suspension in question was imposed under this	4232
section, that portion of the fee shall be deposited as follows:	4233

(i) If the fee is paid by a person who was charged in a	4234
county court with the violation that resulted in the suspension,	4235
the portion shall be deposited into the county indigent drivers	4236
alcohol treatment fund under the control of that court;	4237

(ii) If the fee is paid by a person who was charged in a	4238
juvenile court with the violation that resulted in the suspension,	4239
the portion shall be deposited into the county juvenile indigent	4240
drivers alcohol treatment fund established in the county served by	4241
the court;	4242

(iii) If the fee is paid by a person who was charged in a	4243
municipal court with the violation that resulted in the	4244
suspension, the portion shall be deposited into the municipal	4245
indigent drivers alcohol treatment fund under the control of that	4246
court.	4247

(b) If the suspension in question was imposed under division	4248
(B) of section 4507.16 of the Revised Code, that portion of the	4249
fee shall be deposited as follows:	4250

(i) If the fee is paid by a person whose license or permit	4251
was suspended by a county court, the portion shall be deposited	4252
into the county indigent drivers alcohol treatment fund under the	4253
control of that court;	4254

(ii) If the fee is paid by a person whose license or permit	4255
was suspended by a municipal court, the portion shall be deposited	4256
into the municipal indigent drivers alcohol treatment fund under	4257
the control of that court.	4258

(3) Expenditures from a county indigent drivers alcohol	4259
treatment fund, a county juvenile indigent drivers alcohol	4260
treatment fund, or a municipal indigent drivers alcohol treatment	4261
fund shall be made only upon the order of a county, juvenile, or	4262
municipal court judge and only for payment of the cost of the	4263
attendance at an alcohol and drug addiction treatment program of a	4264
person who is convicted of, or found to be a juvenile traffic	4265
offender by reason of, a violation of division (A) of section	4266
4511.19 of the Revised Code or a substantially similar municipal	4267
ordinance, who is ordered by the court to attend the alcohol and	4268
drug addiction treatment program, and who is determined by the	4269
court to be unable to pay the cost of attendance at the treatment	4270
program or for payment of the costs specified in division (N)(4)	4271
of this section in accordance with that division. The alcohol and	4272
drug addiction services board or the board of alcohol, drug	4273
addiction, and mental health services established pursuant to	4274
section 340.02 or 340.021 of the Revised Code and serving the	4275
alcohol, drug addiction, and mental health service district in	4276
which the court is located shall administer the indigent drivers	4277
alcohol treatment program of the court. When a court orders an	4278
offender or juvenile traffic offender to attend an alcohol and	4279
drug addiction treatment program, the board shall determine which	4280
program is suitable to meet the needs of the offender or juvenile	4281
traffic offender, and when a suitable program is located and space	4282
is available at the program, the offender or juvenile traffic	4283
offender shall attend the program designated by the board. A	4284
reasonable amount not to exceed five per cent of the amounts	4285
credited to and deposited into the county indigent drivers alcohol	4286
treatment fund, the county juvenile indigent drivers alcohol	4287
treatment fund, or the municipal indigent drivers alcohol	4288
treatment fund serving every court whose program is administered	4289
by that board shall be paid to the board to cover the costs it	4290
incurs in administering those indigent drivers alcohol treatment	4291
programs.	4292

(4) If a county, juvenile, or municipal court determines, in	4293
consultation with the alcohol and drug addiction services board or	4294
the board of alcohol, drug addiction, and mental health services	4295
established pursuant to section 340.02 or 340.021 of the Revised	4296
Code and serving the alcohol, drug addiction, and mental health	4297
district in which the court is located, that the funds in the	4298
county indigent drivers alcohol treatment fund, the county	4299
juvenile indigent drivers alcohol treatment fund, or the municipal	4300
indigent drivers alcohol treatment fund under the control of the	4301
court are more than sufficient to satisfy the purpose for which	4302
the fund was established, as specified in divisions (N)(1) to (3)	4303
of this section, the court may declare a surplus in the fund. If	4304
the court declares a surplus in the fund, the court may expend the	4305
amount of the surplus in the fund for alcohol and drug abuse	4306
assessment and treatment of persons who are charged in the court	4307
with committing a criminal offense or with being a delinquent	4308
child or juvenile traffic offender and in relation to whom both of	4309
the following apply:	4310

(a) The court determines that substance abuse was a	4311
contributing factor leading to the criminal or delinquent activity	4312
or the juvenile traffic offense with which the person is charged.	4313

(b) The court determines that the person is unable to pay the	4314
cost of the alcohol and drug abuse assessment and treatment for	4315
which the surplus money will be used.	4316

Sec. 4511.197.  (A) If a person is arrested for operating a	4317
vehicle, streetcar, or trackless trolley in violation of division	4318
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4319
OVI ordinance or for being in physical control of a vehicle,	4320
streetcar, or trackless trolley in violation of section 4511.194	4321
of the Revised Code and if the person's driver's or commercial	4322
driver's license or permit or nonresident operating privilege is	4323
suspended under section 4511.191 of the Revised Code, the person	4324
may appeal the suspension at the person's initial appearance on	4325
the charge resulting from the arrest or within the period ending	4326
thirty days after the person's initial appearance on that charge,	4327
in the court in which the person will appear on that charge. If	4328
the person appeals the suspension, the appeal itself does not stay	4329
the operation of the suspension. If the person appeals the	4330
suspension, either the person or the registrar of motor vehicles	4331
may request a continuance of the appeal, and the court may grant	4332
the continuance. The court also may continue the appeal on its own	4333
motion. Neither the request for, nor the granting of, a	4334
continuance stays the suspension that is the subject of the	4335
appeal, unless the court specifically grants a stay.	4336

(B) A person shall file an appeal under division (A) of this	4337
section in the municipal court, county court, juvenile court,	4338
mayor's court, or court of common pleas that has jurisdiction over	4339
the charge in relation to which the person was arrested.	4340

(C) If a person appeals a suspension under division (A) of	4341
this section, the scope of the appeal is limited to determining	4342
whether one or more of the following conditions have not been met:	4343

(1) Whether the arresting law enforcement officer had	4344
reasonable ground to believe the arrested person was operating a	4345
vehicle, streetcar, or trackless trolley in violation of division	4346
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4347
OVI ordinance or was in physical control of a vehicle, streetcar,	4348
or trackless trolley in violation of section 4511.194 of the	4349
Revised Code and whether the arrested person was in fact placed	4350
under arrest;	4351

(2) Whether the law enforcement officer requested the	4352
arrested person to submit to the chemical test or tests designated	4353
pursuant to division (A) of section 4511.191 of the Revised Code;	4354

(3) Whether the arresting officer informed the arrested	4355
person of the consequences of refusing to be tested or of	4356
submitting to the test or tests;	4357

(4) Whichever of the following is applicable:

4358

(a) Whether the arrested person refused to submit to the	4359
chemical test or tests requested by the officer;	4360

(b) Whether the arrest was for a violation of division (A) or	4361
(B) of section 4511.19 of the Revised Code or a municipal OVI	4362
ordinance and, if it was, whether the chemical test results	4363
indicate that the arrested person's whole blood contained a	4364
concentration of ten-hundredthseight-hundredths of one per cent	4365
or more by weight of alcohol, the person's blood serum or plasma	4366
contained a concentration of twelve-hundredths	4367
ninety-six-thousandths of one per cent or more by weight of	4368
alcohol, the person's breath contained a concentration of	4369
ten-hundredthseight-hundredths of one gram or more by weight of	4370
alcohol per two hundred ten liters of the person's breath, or the	4371
person's urine contained a concentration of fourteen-hundredths	4372
eleven-hundredths of one gram or more by weight of alcohol per one	4373
hundred milliliters of the person's urine at the time of the	4374
alleged offense.	4375

(D) A person who appeals a suspension under division (A) of	4376
this section has the burden of proving, by a preponderance of the	4377
evidence, that one or more of the conditions specified in division	4378
(C) of this section has not been met. If, during the appeal, the	4379
judge or magistrate of the court or the mayor of the mayor's court	4380
determines that all of those conditions have been met, the judge,	4381
magistrate, or mayor shall uphold the suspension, continue the	4382
suspension, and notify the registrar of motor vehicles of the	4383
decision on a form approved by the registrar.	4384

Except as otherwise provided in this section, if a suspension	4385
imposed under section 4511.191 of the Revised Code is upheld on	4386
appeal or if the subject person does not appeal the suspension	4387
under division (A) of this section, the suspension shall continue	4388
until the complaint alleging the violation for which the person	4389
was arrested and in relation to which the suspension was imposed	4390
is adjudicated on the merits or terminated pursuant to law. If the	4391
suspension was imposed under division (B)(1) of section 4511.191	4392
of the Revised Code and it is continued under this section, any	4393
subsequent finding that the person is not guilty of the charge	4394
that resulted in the person being requested to take the chemical	4395
test or tests under division (A) of section 4511.191 of the	4396
Revised Code does not terminate or otherwise affect the	4397
suspension. If the suspension was imposed under division (C) of	4398
section 4511.191 of the Revised Code in relation to an alleged	4399
misdemeanor violation of division (A) or (B) of section 4511.19 of	4400
the Revised Code or of a municipal OVI ordinance and it is	4401
continued under this section, the suspension shall terminate if,	4402
for any reason, the person subsequently is found not guilty of the	4403
charge that resulted in the person taking the chemical test or	4404
tests.	4405

If, during the appeal, the judge or magistrate of the trial	4406
court or the mayor of the mayor's court determines that one or	4407
more of the conditions specified in division (C) of this section	4408
have not been met, the judge, magistrate, or mayor shall terminate	4409
the suspension, subject to the imposition of a new suspension	4410
under division (B) of section 4511.196 of the Revised Code; shall	4411
notify the registrar of motor vehicles of the decision on a form	4412
approved by the registrar; and, except as provided in division (B)	4413
of section 4511.196 of the Revised Code, shall order the registrar	4414
to return the driver's or commercial driver's license or permit to	4415
the person or to take any other measures that may be necessary, if	4416
the license or permit was destroyed under section 4510.53 of the	4417
Revised Code, to permit the person to obtain a replacement	4418
driver's or commercial driver's license or permit from the	4419
registrar or a deputy registrar in accordance with that section.	4420
The court also shall issue to the person a court order, valid for	4421
not more than ten days from the date of issuance, granting the	4422
person operating privileges for that period.	4423

(E) Any person whose driver's or commercial driver's license	4424
or permit or nonresident operating privilege has been suspended	4425
pursuant to section 4511.191 of the Revised Code may file a	4426
petition requesting limited driving privileges in the common pleas	4427
court, municipal court, county court, mayor's court, or juvenile	4428
court with jurisdiction over the related criminal or delinquency	4429
case. The petition may be filed at any time subsequent to the date	4430
on which the arresting law enforcement officer serves the notice	4431
of suspension upon the arrested person but no later than thirty	4432
days after the arrested person's initial appearance or	4433
arraignment. Upon the making of the request, limited driving	4434
privileges may be granted under sections 4510.021 and 4510.13 of	4435
the Revised Code, regardless of whether the person appeals the	4436
suspension under this section or appeals the decision of the court	4437
on the appeal, and, if the person has so appealed the suspension	4438
or decision, regardless of whether the matter has been heard or	4439
decided by the court. The person shall pay the costs of the	4440
proceeding, notify the registrar of the filing of the petition,	4441
and send the registrar a copy of the petition.	4442

The court may not grant the person limited driving privileges	4443
when prohibited by section 4510.13 or 4511.191 of the Revised	4444
Code.	4445

(F) Any person whose driver's or commercial driver's license	4446
or permit has been suspended under section 4511.19 of the Revised	4447
Code or under section 4510.07 of the Revised Code for a conviction	4448
of a municipal OVI offense and who desires to retain the license	4449
or permit during the pendency of an appeal, at the time sentence	4450
is pronounced, shall notify the court of record or mayor's court	4451
that suspended the license or permit of the person's intention to	4452
appeal. If the person so notifies the court, the court, mayor, or	4453
clerk of the court shall retain the license or permit until the	4454
appeal is perfected, and, if execution of sentence is stayed, the	4455
license or permit shall be returned to the person to be held by	4456
the person during the pendency of the appeal. If the appeal is not	4457
perfected or is dismissed or terminated in an affirmance of the	4458
conviction, then the license or permit shall be taken up by the	4459
court, mayor, or clerk, at the time of putting the sentence into	4460
execution, and the court shall proceed in the same manner as if no	4461
appeal was taken.	4462

(G) Except as otherwise provided in this division, if a	4463
person whose driver's or commercial driver's license or permit or	4464
nonresident operating privilege was suspended under section	4465
4511.191 of the Revised Code appeals the suspension under division	4466
(A) of this section, the prosecuting attorney of the county in	4467
which the arrest occurred shall represent the registrar of motor	4468
vehicles in the appeal. If the arrest occurred within a municipal	4469
corporation within the jurisdiction of the court in which the	4470
appeal is conducted, the city director of law, village solicitor,	4471
or other chief legal officer of that municipal corporation shall	4472
represent the registrar. If the appeal is conducted in a municipal	4473
court, the registrar shall be represented as provided in section	4474
1901.34 of the Revised Code. If the appeal is conducted in a	4475
mayor's court, the city director of law, village solicitor, or	4476
other chief legal officer of the municipal corporation that	4477
operates that mayor's court shall represent the registrar.	4478

(H) The court shall give information in writing of any action	4479
taken under this section to the registrar of motor vehicles.	4480

(I) When it finally has been determined under the procedures	4481
of this section that a nonresident's privilege to operate a	4482
vehicle within this state has been suspended, the registrar of	4483
motor vehicles shall give information in writing of the action	4484
taken to the motor vehicle administrator of the state of the	4485
nonresident's residence and of any state in which the nonresident	4486
has a license.	4487

Sec. 4513.111.  (A)(1) Every multi-wheel agricultural tractor	4488
whose model year was 2001 or earlier, when being operated or	4489
traveling on a street or highway at the times specified in section	4490
4513.03 of the Revised Code, at a minimum shall be equipped with	4491
and display reflectors and illuminated amber lamps so that the	4492
extreme left and right projections of the tractor are indicated by	4493
flashing lamps displaying amber light, visible to the front and	4494
the rear, by amber reflectors, all visible to the front, and by	4495
red reflectors, all visible to the rear.	4496

(2) The lamps displaying amber light need not flash	4497
simultaneously and need not flash in conjunction with any	4498
directional signals of the tractor.	4499

(3) The lamps and reflectors required by division (A)(1) of	4500
this section and their placement shall meet standards and	4501
specifications contained in rules adopted by the director of	4502
public safety in accordance with Chapter 119. of the Revised Code.	4503
The rules governing the amber lamps, amber reflectors, and red	4504
reflectors and their placement shall correlate with and, as far as	4505
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2	4506
respectively of the American society of agricultural engineers	4507
standard ANSI/ASAE S279.10 OCT98, lighting and marking of	4508
agricultural equipment on highways.	4509

(B) Every unit of farm machinery whose model year was 2002 or	4510
later, when being operated or traveling on a street or highway at	4511
the times specified in section 4513.03 of the Revised Code, shall	4512
be equipped with and display markings and illuminated lamps that	4513
meet or exceed the lighting, illumination, and marking standards	4514
and specifications that are applicable to that type of farm	4515
machinery for the unit's model year specified in the American	4516
society of agricultural engineers standard ANSI/ASAE S279.10 OCT98	4517
S279.11 APR01, lighting and marking of agricultural equipment on	4518
highways, or any subsequent revisions of that standard.	4519

(C) The lights and reflectors required by division (A) of	4520
this section are in addition to the slow-moving vehicle emblem and	4521
lights required or permitted by section 4513.11 or 4513.17 of the	4522
Revised Code to be displayed on farm machinery being operated or	4523
traveling on a street or highway.	4524

(D) No person shall operate any unit of farm machinery on a	4525
street or highway or cause any unit of farm machinery to travel on	4526
a street or highway in violation of division (A) or (B) of this	4527
section.	4528

Sec. 4513.52.  (A) The department of public safety, with the	4529
advice of the public utilities commission, shall adopt and enforce	4530
rules relating to the inspection of buses to determine whether a	4531
bus is safe and lawful, including whether its equipment is in	4532
proper adjustment or repair.	4533

(B) The rules shall determine the safety features, items of	4534
equipment, and other safety-related conditions subject to	4535
inspection. The rules may authorize the state highway patrol to	4536
operate safety inspection sites, or to enter in or upon the	4537
property of any bus operator to conduct the safety inspections, or	4538
both. The rules also shall establish a fee, not to exceed onetwo	4539
hundred dollars, for each bus inspected.	4540

(C) The state highway patrol shall conduct the bus safety	4541
inspections at least on an annual basis. An inspection conducted	4542
under this section is valid for twelve months unless, prior to	4543
that time, the bus fails a subsequent inspection or ownership of	4544
the bus is transferred.	4545

(D) The state highway patrol shall collect a fee for each bus	4546
inspected.	4547

(E) Upon determining that a bus is in safe operating	4548
condition, that its equipment is in proper adjustment and repair,	4549
and that it is otherwise lawful, the inspecting officer shall do	4550
both of the following:	4551

(1) Affix an official safety inspection decal to the outside	4552
surface of each side of the bus;	4553

(2) Issue the owner or operator of the bus a safety	4554
inspection report, to be presented to the registrar or a deputy	4555
registrar upon application for registration of the bus.	4556

Sec. 4513.53.  (A) The superintendent of the state highway	4557
patrol, with approval of the director of public safety, may	4558
appoint and maintain necessary staff to carry out the inspection	4559
of buses.	4560

(B) The superintendent of the state highway patrol shall	4561
adopt a distinctive annual safety inspection decal bearing the	4562
date of inspection. The state highway patrol may remove any decal	4563
from a bus that fails any inspection.	4564

(C) Fees collected by the state highway patrol shall be paid	4565
into the state treasury to the credit of the general revenue fund.	4566
Annually by the first day of June, the director of public safety	4567
shall determine the amount of fees collected under section 4513.52	4568
of the Revised Code and shall certify the amount to the director	4569
of budget and management for reimbursement. The director of budget	4570
and management then may transfer cash up to the amount certified	4571
from the general revenue fund to the state highway safety fund.	4572

Sec. 4921.02.  As used in sections 4921.01 to 4921.32 of the	4573
Revised Code:	4574

(A) "Motor transportation company," or "common carrier by	4575
motor vehicle," includes every corporation, company, association,	4576
joint-stock association, person, firm, or copartnership, and their	4577
lessees, legal or personal representatives, trustees, and	4578
receivers or trustees appointed by any court, when engaged or	4579
proposing to engage in the business of transporting persons or	4580
property, or the business of providing or furnishing such	4581
transportation service, for hire, whether directly or by lease or	4582
other arrangement, for the public in general, in or by	4583
motor-propelled vehicles of any kind, including trailers, over any	4584
public highway in this state. All laws regulating the business of	4585
motor transportation, their context notwithstanding, apply to such	4586
motor transportation company or common carrier by motor vehicle.	4587
"Motor transportation company," as so used, does not include any	4588
person, firm, copartnership, voluntary association, joint-stock	4589
association, company, or corporation, wherever organized or	4590
incorporated:	4591

(1) Engaged or proposing to engage as a private motor carrier	4592
as defined by section 4923.02 of the Revised Code;	4593

(2) Insofar as they own, control, operate, or manage motor	4594
vehicles used for the transportation of property, operated	4595
exclusively within the territorial limits of a municipal	4596
corporation, or within such limits and the territorial limits of	4597
municipal corporations immediately contiguous to such municipal	4598
corporation;	4599

(3) Insofar as they are engaged in the transportation of	4600
persons in taxicabs in the usual taxicab service;	4601

(4) Engaged in the transportation of pupils in school busses	4602
operating to or from school sessions or school events;	4603

(5) Engaged in the transportation of farm supplies to the	4604
farm or farm products from farm to market or to food fabricating	4605
plants;	4606

(6) Engaged in the distribution of newspapers;

4607

(7) Engaged in the transportation of crude petroleum	4608
incidental to gathering from wells and delivery to destination by	4609
pipe line;	4610

(8) Engaged in the towing of disabled or wrecked motor	4611
vehicles;	4612

(9) Engaged in the transportation of injured, ill, or	4613
deceased persons by hearse or ambulance;	4614

(10)(9) Engaged in the transportation of compost (a	4615
combination of manure and sand or shredded bark mulch) or shredded	4616
bark mulch;	4617

(11)(10) Engaged in the transportation of persons in a	4618
ridesharing arrangement when any fee charged each person so	4619
transported is in such amount as to recover only the person's	4620
share of the costs of operating the motor vehicle for such	4621
purpose.	4622

(B) "Trailer" means any vehicle without motive power designed	4623
or used for carrying property or persons and for being drawn by a	4624
separate motor-propelled vehicle, including any vehicle of the	4625
trailer type, whether designed or used for carrying property or	4626
persons wholly on its own structure, or so designed or used that a	4627
part of its own weight or the weight of its load rests upon and is	4628
carried by such motor-propelled vehicle.	4629

(C) "Public highway" means any public street, road, or	4630
highway in this state, whether within or without the corporate	4631
limits of a municipal corporation.	4632

(D) "Fixed termini" refers to the points between which any	4633
motor transportation company usually or ordinarily operates,	4634
provides, or proposes to operate or provide motor transportation	4635
service.	4636

(E) "Regular route" refers to that portion of the public	4637
highway over which any motor transportation company usually or	4638
ordinarily operates, provides, or proposes to operate or provide	4639
motor transportation service.	4640

(F) "Irregular route" refers to that portion of the public	4641
highway over which is conducted or provided any other operation of	4642
any motor vehicle by a motor transportation company transporting	4643
property.	4644

(G) "Ridesharing arrangement" means the transportation of	4645
persons in a motor vehicle where such transportation is incidental	4646
to another purpose of a volunteer driver, and includes ridesharing	4647
arrangements known as carpools, vanpools, and buspools.	4648

Whether or not any motor-propelled vehicle is operated or	4649
such transportation service is provided or furnished by such motor	4650
transportation company, between fixed termini or over a regular	4651
route, or over an irregular route, or whether or not a	4652
corporation, company, association, joint-stock association,	4653
person, firm, or copartnership, or their lessees, trustees, or	4654
receivers or trustees appointed by any court, is engaged as a	4655
motor transportation company, are questions of fact. The finding	4656
of the public utilities commission on such questions is a final	4657
order which may be reviewed as provided in section 4921.17 of the	4658
Revised Code. The commission has jurisdiction to receive, hear,	4659
and determine such questions upon complaint of any party, or upon	4660
its own motion, upon not less than fifteen days' notice of the	4661
time and place of such hearing and of the matter to be heard.	4662

Sec. 4921.30. Any person, firm, copartnership, voluntary	4663
association, joint-stock association, company, or corporation,	4664
wherever organized or incorporated, that is engaged in the towing	4665
of motor vehicles is subject to regulation by the public utilities	4666
commission as a for-hire motor carrier under this chapter. Such an	4667
entity is not subject to any ordinance, rule, or resolution of a	4668
municipal corporation, county, or township that provides for the	4669
licensing, registering, or regulation of entities that tow motor	4670
vehicles.	4671

Sec. 5501.20.  (A) As used in this section:

4672

(1) "Career professional service" means that part of the	4673
competitive classified service that consists of employees of the	4674
department of transportation who, regardless of job	4675
classification, meet both of the following qualifications:	4676

(a) They are supervisors, professional employees who are not	4677
in a collective bargaining unit, confidential employees, or	4678
management level employees, all as defined in section 4117.01 of	4679
the Revised Code.	4680

(b) They exercise authority that is not merely routine or	4681
clerical in nature and report only to a higher level unclassified	4682
employee or employee in the career professional service.	4683

(2) "Demoted" means that an employee is placed in a position	4684
where the employee's wage rate equals, or is not more than twenty	4685
per cent less than, the employee's wage rate immediately prior to	4686
demotion or where the employee's job responsibilities are reduced,	4687
or both.	4688

(3) "Employee in the career professional service with	4689
restoration rights" means an employee in the career professional	4690
service who has been in the classified civil service for at least	4691
two years and who has a cumulative total of at least ten years of	4692
continuous service with the department of transportation.	4693

(B) Not later than the first day of July of each odd-numbered	4694
year, the director of transportation shall adopt a rule in	4695
accordance with section 111.15 of the Revised Code that	4696
establishes a business plan for the department of transportation	4697
that states the department's mission, business objectives, and	4698
strategies and that establishes a procedure by which employees in	4699
the career professional service will be held accountable for their	4700
performance. The director shall adopt a rule that establishes a	4701
business plan for the department only once in each two years.	4702
Within sixty days after the effective date of a rule that	4703
establishes a business plan for the department, the director shall	4704
adopt a rule in accordance with section 111.15 of the Revised Code	4705
that identifies specific positions within the department of	4706
transportation that are included in the career professional	4707
service. The director may amend the rule that identifies the	4708
specific positions included in the career professional service	4709
whenever the director determines necessary. Any rule adopted under	4710
this division is subject to review and invalidation by the joint	4711
committee on agency rule review as provided in division (D) of	4712
section 111.15 of the Revised Code. The director shall provide a	4713
copy of any rule adopted under this division to the director of	4714
budget and management.	4715

Except as otherwise provided in this section, an employee in	4716
the career professional service is subject to the provisions of	4717
Chapter 124. of the Revised Code that govern employees in the	4718
classified civil service.	4719

(C) After an employee is appointed to a position in the	4720
career professional service, the employee's direct supervisor	4721
shall provide the employee appointed to that position with a	4722
written performance action plan that describes the department's	4723
expectations for that employee in fulfilling the mission, business	4724
objectives, and strategies stated in the department's business	4725
plan. No sooner than four months after being appointed to a	4726
position in the career professional service, an employee appointed	4727
to that position shall receive a written performance review based	4728
on the employee's fulfillment of the mission, business objectives,	4729
and strategies stated in the department's business plan. After the	4730
initial performance review, the employee shall receive a written	4731
performance review at least once each year or as often as the	4732
director considers necessary. The department shall give an	4733
employee whose performance is unsatisfactory an opportunity to	4734
improve performance for a period of at least six months, by means	4735
of a written corrective action plan, before the department takes	4736
any disciplinary action under this section or section 124.34 of	4737
the Revised Code. The department shall base its performance review	4738
forms on its business plan.	4739

(D) An employee in the career professional service may be	4740
suspended, demoted, or removed because of performance that hinders	4741
or restricts the fulfillment of the department's business plan or	4742
for disciplinary reasons under section 124.34 or 124.57 of the	4743
Revised Code. An employee in the career professional service may	4744
appeal only the employee's removal to the state personnel board of	4745
review. An employee in the career professional service may appeal	4746
a demotion or a suspension of more than three days pursuant to	4747
rules the director adopts in accordance with section 111.15 of the	4748
Revised Code.	4749

(E) An employee in the career professional service with	4750
restoration rights has restoration rights if demoted because of	4751
performance that hinders or restricts fulfillment of the mission,	4752
business objectives, or strategies stated in the department's	4753
business plan, but not if involuntarily demoted or removed for any	4754
of the reasons described in section 124.34 or for a violation of	4755
section 124.57 of the Revised Code. The director shall demote an	4756
employee who has restoration rights of that nature to a position	4757
in the classified service that in the director's judgment is	4758
similar in nature to the position the employee held immediately	4759
prior to being appointed to the position in the career	4760
professional service. The director shall assign to an employee who	4761
is demoted to a position in the classified service as provided in	4762
this division a wage rate that equals, or that is not more than	4763
twenty per cent less than, the wage rate assigned to the employee	4764
in the career professional service immediately prior to the	4765
employee's demotion.	4766

(F) This section establishes a pilot program for employees in	4767
the career professional service of the department of	4768
transportation. At the end of each fiscal biennium that this	4769
program is in effect, the director of transportation shall prepare	4770
a report describing and evaluating the operation of the program	4771
and forward a copy of the report to the governor, director of	4772
administrative services, speaker of the house of representatives,	4773
and president of the senate.	4774

(G) No person shall be appointed to a position in the career	4775
professional service of the Department of Transportation after	4776
June 30, 2003, including for the purpose of filling a vacancy	4777
within the career professional service that occurs for any reason.	4778

Sec. 5501.34.  (A) In the event thatIf circumstances alter	4779
the highway requirements after the director of transportation has	4780
acquired property so that the real property, or part thereof,of	4781
the real property is no longer required for highway purposes, the	4782
director, in the name of the state, may sell all the right, title,	4783
and interest of the state in any of the real property. After	4784
determining that a parcel of real property is no longer required	4785
for highway purposes, the director shall have the parcel appraised	4786
by a department prequalified appraiser.	4787

(B) Except as otherwise provided in this section, the	4788
director shall advertise the sale of real property that is no	4789
longer required for highway purposes in a newspaper of general	4790
circulation in the county in which the real property is situated	4791
for at least two consecutive weeks prior to the date set for the	4792
sale. The real property may be sold at public auction to the	4793
highest bidder for not less than two-thirds of its appraised	4794
value, but the director may reject all bids that are less than the	4795
full appraised value of the real property. However, if no sale has	4796
been effected after an effort to sell under this division, the	4797
director may set aside the appraisal, order a new appraisal, and,	4798
except as otherwise provided in this section, readvertise the	4799
property for sale.	4800

(C) If real property no longer required for highway purposes	4801
is appraised or reappraised as having a current fair market value	4802
of twenty thousand dollars or less, the director may sell the real	4803
property to the sole abutting owner through a private sale at a	4804
price not less than the appraised value. If there is more than one	4805
abutting owner, the director may invite all of the abutting owners	4806
to submit sealed bids and may sell the real property to the	4807
highest bidder at not less than its appraised value.	4808

(D) If real property no longer required for highway purposes	4809
is appraised or reappraised as having a fair market value of two	4810
thousand dollars or less, and no sale has been effected after an	4811
effort to sell to the abutting owner or owners, the director may	4812
advertise the sale of suchthe real property in accordance with	4813
division (B) of this section. The director may sell the land at	4814
public auction to the highest bidder without regard to its	4815
appraised value, but the director may reject all bids that are	4816
less than the full appraised value of the real property.	4817

(E) The department shall pay all expenses incurred in the	4818
sale of a parcel of real property out of the proceeds of the sale	4819
and shall deposit the balance of the proceeds in the highway fund	4820
used to acquire that parcel of real property.	4821

(F) Upon a determination that real property previously	4822
acquired within a highway improvement project corridor no longer	4823
is needed for highway purposes, the director may offer the	4824
unneeded property to another landowner located within that	4825
project's corridor as full or partial consideration for other real	4826
property to be acquired from the landowner. If the landowner	4827
accepts the offer, the director shall convey the unneeded property	4828
directly to the landowner at the full fair market value determined	4829
by the department by appraisal. The director shall credit the	4830
value of the unneeded property against the acquisition price of	4831
the property being acquired by the department, and the landowner	4832
shall pay the department the difference if the value of the	4833
unneeded property exceeds the acquisition price of the property	4834
being acquired.	4835

(G) Conveyances of real property under this section shall be	4836
by a deed executed by the governor, shall bearbearing the great	4837
seal of the state of Ohio, and shall be in the form as prescribed	4838
by the attorney general. Section 5301.13 of the Revised Code,	4839
relating to the sale of public lands, shall not apply to	4840
conveyances made pursuant to this section. The director shall keep	4841
a record of all such conveyances of real property made under this	4842
section. This section applies to all real property acquired by the	4843
department, regardless of how or from whom the property was	4844
acquired.	4845

Sec. 5501.45.  (A) The director of transportation may convey	4846
or transfer the fee simple estate or any lesser estate or interest	4847
in, or permit the use of, for such period as the director shall	4848
determine, any lands owned by the state and acquired or used for	4849
the state highway system or for highways or in connection with	4850
highways or as incidental to the acquisition of land for highways,	4851
provided that the director determines, after consulting with the	4852
director of natural resources, that the property or interest	4853
conveyed or made subject to a permit to use is not needed by the	4854
state for highway or recreation purposes. Such conveyance,	4855
transfer, or permit to use may be to the grantee or permittee or	4856
to the grantee or permittee and the grantee's or its successors	4857
and assigns and shall be of such portion of such lands as the	4858
director shall determine, which shall be described in the deed,	4859
transfer, or other instrument or conveyance and in any permit to	4860
use, and may include or be limited to areas or space on, above, or	4861
below the surface, and also may include the grant of easements or	4862
other interests in any such lands for use by the grantee for	4863
buildings or structures or for other uses and purposes, and for	4864
the support of buildings or structures constructed or to be	4865
constructed on or in the lands or areas or space conveyed or made	4866
subject to a permit to use.	4867

(B) Whenever pursuant to this section separate units of	4868
property are created in any lands, each unit shall for all	4869
purposes constitute real property and shall be deemed real estate	4870
within the meaning of all provisions of the Revised Code, shall be	4871
deemed to be a separate parcel for all purposes of taxation and	4872
assessment of real property, and no other unit or other part of	4873
such lands shall be charged with the payment of such taxes and	4874
assessments.	4875

(C) With respect to any portion of the state highway system	4876
not owned in fee simple by the state, the director may permit the	4877
use of any portion thereof in perpetuity or for such period of	4878
time as the director shall specify, including areas or space on,	4879
above, or beneath the surface, together with rights for the	4880
support of buildings or structures constructed or to be	4881
constructed thereon or therein, provided that the director	4882
determines that the portion made subject to a right to use is not	4883
needed by the state for highway purposes.	4884

(D) The director shall require, as either a condition	4885
precedent or a condition subsequent to any conveyance, transfer,	4886
or grant or permit to use, that the plans and specifications for	4887
all such buildings or structures and the contemplated use thereof,	4888
be approved by the director as not interfering with the use of the	4889
state highway system and not unduly endangering the public. The	4890
director may require such indemnity agreements in favor of the	4891
director and the public as shall be lawful and as shall be deemed	4892
necessary by the director. The director shall not unreasonably	4893
withhold approval of such plans, specifications, and contemplated	4894
use.	4895

(E)(1) All such conveyances, transfers, grants, or permits to	4896
use that are made to state institutions, agencies, commissions,	4897
instrumentalities, political subdivisions, or taxing districts of	4898
the state, andto institutions receiving financial assistance from	4899
the state, or to the federal government shall be upon such	4900
consideration as shall be determined by the director to be fair	4901
and reasonable, without competitive bidding, and sections.	4902
Conveyances of real property under this section shall be by deed	4903
executed by the director and shall be in the form prescribed by	4904
the attorney general. Sections 5301.13 and 5515.01 of the Revised	4905
Code, relating to the sale or use of public lands, shall not apply	4906
to conveyances, grants, transfers, or permits to use made pursuant	4907
to this division. An institution receiving financial assistance	4908
from the state shall provide the director with acceptable	4909
documentary evidence of the state loan, grant, or other state	4910
financial assistance. The director shall keep a record of all such	4911
conveyances.	4912

(2) As used in this division, "institution receiving	4913
financial assistance from the state" includes any public or	4914
private organization, especially one of a charitable, civic, or	4915
educational character, in receipt of a state loan, grant, or other	4916
type of state financial assistance.	4917

(F) Except as provided in division (E) of this section, all	4918
conveyances, grants, or permits to use that are made to private	4919
persons, firms, or corporations shall be conducted in accordance	4920
with the procedure set forth in section 5501.311 or 5501.34 of the	4921
Revised Code, as applicable.	4922

(G) In any case where the director has acquired or acquires,	4923
for the state highway system, easements in or permits to use areas	4924
or space on, above, or below the surface, the director may	4925
extinguish them in whole or in part or subordinate them to uses by	4926
others, provided that the director determines that the easements	4927
or permit to use so extinguished or subordinated are not needed by	4928
the state for highway purposes. The director shall make any	4929
extinguishments to the current underlying fee owner of record at	4930
no cost.	4931

(H) No conveyance, transfer, easement, lease, permit, or	4932
other instrument executed pursuant to the authorization given by	4933
this section shall prejudice any right, title, or interest in any	4934
lands affected thereby which at the date thereof existed in any	4935
person, firm, or corporation, other than the state and other than	4936
members of the general public having no specific rights in said	4937
lands, unless the right, title, or interest was expressly subject	4938
to the right of the state to make such conveyance or transfer,	4939
grant such right, or execute such instrument, and unless the state	4940
by such instrument expressly exercises such right, nor shall any	4941
public utility be required to move or relocate any of its	4942
facilities that may be located in or on the areas described in any	4943
such conveyance, transfer, easement, lease, permit, or other	4944
instrument.	4945

Sec. 5501.53. (A) Any organization, individual, or group of	4946
individuals may give to the state or to any county or township by	4947
way of private contribution money to pay the expenses the state or	4948
county or township incurs in maintaining, repairing, or	4949
reconstructing highways and roads upon which animal-drawn vehicles	4950
travel.	4951

(1) All money the state receives under this division shall be	4952
credited to the highway operating fund created by section 5735.291	4953
of the Revised Code to be expended by the department of	4954
transportation as described in this division. If money is	4955
contributed to the state under this section, the donor may direct	4956
that the contribution be used to pay the maintenance, repair, or	4957
reconstruction expenses of a particular state highway or portion	4958
of state highway by specifically designating that state highway or	4959
portion thereof at the time of the contribution, and the	4960
department shall so expend the contribution. If the donor does not	4961
make such a designation, the department shall use the contribution	4962
to pay the maintenance, repair, or reconstruction expenses of a	4963
portion of state highway located within the county in which the	4964
donor resides or in which the organization maintains property and	4965
upon which animal-drawn vehicles regularly travel. The department	4966
may accumulate contributions designated for a particular highway	4967
until such time as the contributions can be expended in a	4968
meaningful manner.	4969

(2) If a donor contributes money to a county or township, the	4970
donor is not permitted to make any specific road or highway	4971
designation. However, the county or township shall expend all	4972
contributions received under this section to maintain, repair, or	4973
reconstruct any road located within the county or township upon	4974
which animal-drawn vehicles travel. A county or township may	4975
accumulate contributions received under this section until such	4976
time as the contributions can be expended in a meaningful manner.	4977

(B) Not later than the first day of April of every year, the	4978
department and every county and township that receives money under	4979
this section shall issue a written report detailing the amount of	4980
money the state, county, or township received under this section	4981
during the previous calendar year; the amount of money expended	4982
during the previous calendar year pursuant to this section; the	4983
amount of money received under this section but not expended	4984
during the previous calendar year; the highway or road projects	4985
for which the expenditures were made; and any other relevant data.	4986

Sec. 5502.02.  All expenditures for the operation	4987
administration and maintenance ofenforcement of motor vehicle and	4988
traffic laws by the department of public safety shall be paid out	4989
of moneys derived from fees, excises, or license taxes relating to	4990
registration, operation, or use of vehicles on public highways or	4991
to fuels used for propelling such vehicles as provided in Section	4992
5a of Article XII, Ohio Constitution.	4993

Sec. 5502.39. There is hereby created in the state treasury	4994
the emergency management agency service and reimbursement fund.	4995
The fund shall consist of money collected under sections 5502.21	4996
to 5502.38 of the Revised Code. All money in the fund shall be	4997
used to pay the costs of administering programs of the emergency	4998
management agency.	4999

Sec. 5517.011. (A)(1) Notwithstanding section 5517.01 of the	5000
Revised Code, the director of transportation may establish a pilot	5001
program to expedite the sale and construction of no more than six	5002
special projects by combining the design and construction elements	5003
of a highway or bridge project into a single contract. The	5004
director shall prepare and distribute a scope of work document	5005
upon which the bidders shall base their bids. Except in regard to	5006
those requirements relating to providing plans, the director shall	5007
award contracts under this section in accordance with section	5008
5525.01Chapter 5525. of the Revised Code.	5009

(2) On or before December 31, 2002, the director shall	5010
prepare and submit to the general assembly a report evaluating the	5011
experience of the department of transportation with each project	5012
under this division and contract under division (B) of this	5013
section, including whether the department realized any cost or	5014
time savings. Regarding those projects and contracts, the report	5015
shall include a discussion of the number and cost of change	5016
orders, the quality of work performed, the number of bids	5017
received, the impact on minority and female contract	5018
participation, and other issues the director considers	5019
appropriate. The director also may make recommendations regarding	5020
the continuation of the program, including the need for any	5021
changes.	5022

(3) After completion of the sixth project, no projects shall	5023
be commenced under this division unless the general assembly	5024
either approves additional projects to further study the	5025
effectiveness of the procedures or makes the program permanent.	5026

(B) In addition to the six projects under division (A) of	5027
this section, during the period beginning July 1, 1999, and ending	5028
June 30, 2001, and also during the period beginning July 1, 2001,	5029
and ending June 30, 2003, the director may expand the pilot	5030
program to more contracts combining the design and construction	5031
elements of highway or bridge projects. For each biennium, the	5032
total dollar value of contracts made under this divisionsection	5033
shall not exceed two hundred fifty million dollars. The director	5034
may seek either bids or technical proposals for contracts under	5035
this division.	5036

(1) When the director determines to award a single contract	5037
for a design-build project under this division through the receipt	5038
of bids, except for those requirements relating to providing	5039
plans, the director shall award contracts in accordance with	5040
Chapter 5525. of the Revised Code. When the director determines to	5041
award a single contract for a design-build project under this	5042
division through the receipt of technical proposals, the director	5043
shall advertise and select the design-build team using a	5044
value-based selection process combining technical qualifications	5045
and competitive bidding elements.	5046

(2) If the director elects to utilize the competitive bid	5047
option for design-build projects, the director shall prepare and	5048
distribute a scope of work document upon which the bidders shall	5049
base their bids.	5050

(3)(a) If the director elects to utilize a value-based	5051
selection process for design-build projects through the receipt of	5052
technical proposals, the director shall restrict usage of this	5053
method to no more than eighty-five million dollars and no more	5054
than two projects, whose per-project estimate must exceed twenty	5055
million dollars. The director shall prepare conceptual documents	5056
for review by interested parties, accept letters of interest, and	5057
select the three most qualified design-build teams to submit a	5058
technical proposal.	5059

The criteria for selecting the three finalists shall include	5060
the qualifications and experience of the design-build team,	5061
including the proposed personnel to be utilized and general	5062
proposed project approach. The schedule of activities and	5063
financial resources of the design-build team also shall be factors	5064
in the selection process. In addition, the director shall take	5065
into consideration the design-build team's affirmative action	5066
policies and record with regard to employees and subcontracts.	5067

(b) After the director selects the three finalists, the	5068
finalists shall prepare both a technical proposal and a price	5069
proposal. The technical proposal shall state the finalist's	5070
qualifications and experience, including prior performance by the	5071
design-build team on similar projects, the identity of the members	5072
of each team, and a detailed project approach and schedule. The	5073
technical proposal also may include innovative design and	5074
construction techniques, aesthetics, environmental protection, a	5075
maintenance of traffic plan, and the type and duration of warranty	5076
coverage. The finalists shall submit the price proposal separately	5077
as requested by the director.	5078

The director first shall review the submitted technical	5079
proposals and ascribe a numerical score to each proposal. The	5080
technical numerical scores shall be equated to a percentage	5081
adjustment to be applied to the finalists' price proposals, using	5082
a predetermined schedule of adjustment made known to the finalists	5083
at the time of advertising. In no case shall the technical	5084
proposal rating exceed twenty-five per cent of the value-based	5085
technical and price selection criteria. The director shall reserve	5086
the right to consider a technical proposal as being nonresponsive,	5087
thereby eliminating that finalist from further consideration.	5088

Upon completion of the rating of technical proposals, the	5089
director shall apply to the price proposals the percentage	5090
adjustments predetermined from the numerical scores assigned to	5091
the technical proposals. Unless all proposals are rejected, the	5092
director shall select the finalist with the lowest adjusted price.	5093
The adjusted price shall be used for selection only. The contract	5094
shall be based on the price proposal as submitted.	5095

The department shall compensate each responsive finalist not	5096
selected in an amount generally equal to one-fourth of one per	5097
cent of the unadjusted price proposal amount submitted by the	5098
selected finalist or by an amount the director establishes at the	5099
time of advertising. The proposals of the two unsuccessful	5100
finalists shall become the property of the director unless an	5101
unsuccessful finalist elects to waive the compensation. The	5102
director shall return the proposal of any unsuccessful finalist	5103
who waives the compensation.	5104

Sec. 5517.02. (A) Before undertaking the construction,	5105
improvement, maintenance, or repair of a state highway, or a	5106
bridge or culvert thereon, or the installation, maintenance, or	5107
repair of a traffic control signal on a state highway, the	5108
director of transportation shall make an estimate of the cost of	5109
the work, which estimate shall include labor, material, freight,	5110
fuel, use of equipment, and all other items of cost and expense	5111
using the force account project assessment form developed by the	5112
auditor of state under section 117.16 of the Revised Code. In	5113
constructing, improving, maintaining, and repairing state	5114
highways, and the bridges and culverts thereon, and in installing,	5115
maintaining, and repairing traffic control signals on state	5116
highways, the director, except as provided in division (B) of this	5117
section, shall proceed by contract let to the lowest competent and	5118
responsible bidder, after advertisement as provided in section	5119
5525.01 of the Revised Code.	5120

The above provision relating to the performance of work by	5121
contract applies to all construction and reconstruction, except in	5122
the case of a bridge or culvert, or the installation of a traffic	5123
control signal, estimated to cost not more than twenty thousand	5124
dollars.(B)(1) Where the work contemplated is the construction of	5125
a bridge or culvert, or the installation of a traffic control	5126
signal, estimated to cost not more than twentyfifty thousand	5127
dollars, the director may proceed by employing labor, purchasing	5128
materials, and furnishing equipment.	5129

(2) The director may also proceed with maintenance or repair	5130
work by employing labor, purchasing materials, and furnishing	5131
equipment, provided the total estimated cost of the completed	5132
operation, or series of connected operations, does not exceed ten	5133
twenty-five thousand dollars per mile of highway, exclusive of	5134
structures and traffic control signals, or twentyfifty thousand	5135
dollars for any single structure or traffic control signal. The	5136

(3) The director may proceed by furnishing equipment,	5137
purchasing materials, and employing labor in the erection of	5138
temporary bridges or the making of temporary repairs to a highway	5139
or bridge rendered necessary by flood, landslide, or other	5140
extraordinary emergency. If the director determines that he is	5141
unableinability to complete such emergency work by force account,	5142
then hethe director may contract for any part of the work, with	5143
or without advertising for bids, as hethe director considers for	5144
the best interest of the department of transportation.	5145

Sec. 5525.20.  (A) Subject to division (B) of this section,	5146
the director of transportation may include incentive and	5147
disincentive provisions in contracts hethe director executes for	5148
projects or portions or phases of projects that involve any of the	5149
following:	5150

(1) A major bridge out of service;

5151

(2) A lengthy detour;

5152

(3) Excessive disruption to traffic;

5153

(4) A significant impact on public safety;

5154

(5) A link that completes a segment of a highway.

5155

(B) No such provisions shall be included in any particular	5156
contract without the prior consent of the municipal corporation,	5157
or, if outside a municipal corporation and off the state highway	5158
system, the prior consent of the board of county commissioners of	5159
the county, in which the bridge, detour, disruption, impact, or	5160
link will be located or occur.	5161

(C) If the director decides to include incentive and	5162
disincentive provisions in such contracts, hethe director shall	5163
make those provisions part of the bid proposal issued by himthe	5164
director pursuant to this chapter and shall also adopt rules, in	5165
accordance with Chapter 119. of the Revised Code, governing the	5166
formulation and use of those provisions. The rules shall be	5167
equivalent in scope, content, and coverage to the regulations the	5168
federal highway administrator issues concerning the use of such	5169
provisions in state contracts.	5170

As used in this section, "incentive and disincentive	5171
provisions" means provisions under which the contractor would be	5172
compensated a certain amount of money for each day specified	5173
critical work is completed ahead of schedule or under which hethe	5174
contractor would be assessed a deduction for each day the	5175
specified critical work is completed behind schedule. The director	5176
also may elect to compensate the contractor in the form of a lump	5177
sum incentive for completing critical work ahead of schedule.	5178

Sec. 5531.10.  (A) As used in this chapter:

5179

(1) "Bond proceedings" means the resolution, order, trust	5180
agreement, indenture, lease, lease-purchase agreements, and other	5181
agreements, amendments and supplements to the foregoing, or any	5182
one or more or combination thereof, authorizing or providing for	5183
the terms and conditions applicable to, or providing for the	5184
security or liquidity of, obligations issued pursuant to this	5185
section, and the provisions contained in such obligations.	5186

(2) "Bond service charges" means principal, including	5187
mandatory sinking fund requirements for retirement of obligations,	5188
and interest, and redemption premium, if any, required to be paid	5189
by the state on obligations.	5190

(3) "Bond service fund" means the applicable fund and	5191
accounts therein created for and pledged to the payment of bond	5192
service charges, which may be, or may be part of, the state	5193
infrastructure bank revenue bond service fund created by division	5194
(R) of this section including all moneys and investments, and	5195
earnings from investments, credited and to be credited thereto.	5196

(4) "Issuing authority" means the treasurer of state, or the	5197
officer who by law performs the functions of the treasurer of	5198
state.	5199

(5) "Obligations" means bonds, notes, or other evidence of	5200
obligation including interest coupons pertaining thereto, issued	5201
pursuant to this section.	5202

(6) "Pledged receipts" means moneys accruing to the state	5203
from the lease, lease-purchase, sale, or other disposition, or	5204
use, of qualified projects, and from the repayment, including	5205
interest, of loans made from proceeds received from the sale of	5206
obligations; accrued interest received from the sale of	5207
obligations; income from the investment of the special funds; any	5208
gifts, grants, donations, and pledges, and receipts therefrom,	5209
available for the payment of bond service charges; and any amounts	5210
in the state infrastructure bank pledged to the payment of such	5211
charges. If the amounts in the state infrastructure bank are	5212
insufficient for the payment of such charges, "pledged receipts"	5213
also means moneys that are apportioned by the United States	5214
secretary of transportation under United States Code, Title XXIII,	5215
as amended, or any successor legislation, or under any other	5216
federal law relating to aid for highways, and that are to be	5217
received as a grant by the state, to the extent the state is not	5218
prohibited by state or federal law from using such moneys and the	5219
moneys are pledged to the payment of such bond service charges.	5220

(7) "Special funds" or "funds" means, except where the	5221
context does not permit, the bond service fund, and any other	5222
funds, including reserve funds, created under the bond	5223
proceedings, and the state infrastructure bank revenue bond	5224
service fund created by division (R) of this section to the extent	5225
provided in the bond proceedings, including all moneys and	5226
investments, and earnings from investment, credited and to be	5227
credited thereto.	5228

(8) "State infrastructure project" means any public	5229
transportation project undertaken by the state, including, but not	5230
limited to, all components of any such project, as described in	5231
division (D) of section 5131.09 of the Revised Code.	5232

(B) The issuing authority, after giving written notice to the	5233
director of budget and management and upon the certification by	5234
the director of transportation to the issuing authority of the	5235
amount of moneys or additional moneys needed either for state	5236
infrastructure projects or to provide financial assistance for any	5237
of the purposes for which the state infrastructure bank may be	5238
used under section 5531.09 of the Revised Code, or needed for	5239
capitalized interest, funding reserves, and paying costs and	5240
expenses incurred in connection with the issuance, carrying,	5241
securing, paying, redeeming, or retirement of the obligations or	5242
any obligations refunded thereby, including payment of costs and	5243
expenses relating to letters of credit, lines of credit,	5244
insurance, put agreements, standby purchase agreements, indexing,	5245
marketing, remarketing and administrative arrangements, interest	5246
swap or hedging agreements, and any other credit enhancement,	5247
liquidity, remarketing, renewal, or refunding arrangements, all of	5248
which are authorized by this section, shall issue obligations of	5249
the state under this section in the required amount. The proceeds	5250
of such obligations, except for the portion to be deposited in	5251
special funds, including reserve funds, as may be provided in the	5252
bond proceedings, shall as provided in the bond proceedings be	5253
credited to the infrastructure bank obligations fund of the state	5254
infrastructure bank created by section 5531.09 of the Revised	5255
Code. The issuing authority may appoint trustees, paying agents,	5256
transfer agents, and authenticating agents, and may retain the	5257
services of financial advisors, accounting experts, and attorneys,	5258
and retain or contract for the services of marketing, remarketing,	5259
indexing, and administrative agents, other consultants, and	5260
independent contractors, including printing services, as are	5261
necessary in the issuing authority's judgment to carry out this	5262
section. The costs of such services are payable from funds of the	5263
state infrastructure bank.	5264

(C) The holders or owners of such obligations shall have no	5265
right to have moneys raised by taxation by the state of Ohio	5266
obligated or pledged, and moneys so raised shall not be obligated	5267
or pledged, for the payment of bond service charges. The right of	5268
such holders and owners to the payment of bond service charges is	5269
limited to all or that portion of the pledged receipts and those	5270
special funds pledged thereto pursuant to the bond proceedings for	5271
such obligations in accordance with this section, and each such	5272
obligation shall bear on its face a statement to that effect.	5273

(D) Obligations shall be authorized by order of the issuing	5274
authority and the bond proceedings shall provide for the purpose	5275
thereof and the principal amount or amounts, and shall provide for	5276
or authorize the manner or agency for determining the principal	5277
maturity or maturities, not exceeding twenty-five years from the	5278
date of issuance, the interest rate or rates or the maximum	5279
interest rate, the date of the obligations and the dates of	5280
payment of interest thereon, their denomination, and the	5281
establishment within or without the state of a place or places of	5282
payment of bond service charges. Sections 9.98 to 9.983 of the	5283
Revised Code are applicable to obligations issued under this	5284
section. The purpose of such obligations may be stated in the bond	5285
proceedings in terms describing the general purpose or purposes to	5286
be served. The bond proceedings also shall provide, subject to the	5287
provisions of any other applicable bond proceedings, for the	5288
pledge of all, or such part as the issuing authority may	5289
determine, of the pledged receipts and the applicable special fund	5290
or funds to the payment of bond service charges, which pledges may	5291
be made either prior or subordinate to other expenses, claims, or	5292
payments, and may be made to secure the obligations on a parity	5293
with obligations theretofore or thereafter issued, if and to the	5294
extent provided in the bond proceedings. The pledged receipts and	5295
special funds so pledged and thereafter received by the state	5296
immediately are subject to the lien of such pledge without any	5297
physical delivery thereof or further act, and the lien of any such	5298
pledges is valid and binding against all parties having claims of	5299
any kind against the state or any governmental agency of the	5300
state, irrespective of whether such parties have notice thereof,	5301
and shall create a perfected security interest for all purposes of	5302
Chapter 1309. of the Revised Code, without the necessity for	5303
separation or delivery of funds or for the filing or recording of	5304
the bond proceedings by which such pledge is created or any	5305
certificate, statement, or other document with respect thereto;	5306
and the pledge of such pledged receipts and special funds is	5307
effective and the money therefrom and thereof may be applied to	5308
the purposes for which pledged without necessity for any act of	5309
appropriation. Every pledge, and every covenant and agreement made	5310
with respect thereto, made in the bond proceedings may therein be	5311
extended to the benefit of the owners and holders of obligations	5312
authorized by this section, and to any trustee therefor, for the	5313
further security of the payment of the bond service charges.	5314

(E) The bond proceedings may contain additional provisions as	5315
to:	5316

(1) The redemption of obligations prior to maturity at the	5317
option of the issuing authority at such price or prices and under	5318
such terms and conditions as are provided in the bond proceedings;	5319

(2) Other terms of the obligations;

5320

(3) Limitations on the issuance of additional obligations;

5321

(4) The terms of any trust agreement or indenture securing	5322
the obligations or under which the same may be issued;	5323

(5) The deposit, investment, and application of special	5324
funds, and the safeguarding of moneys on hand or on deposit,	5325
without regard to Chapter 131. or 135. of the Revised Code, but	5326
subject to any special provisions of this section with respect to	5327
particular funds or moneys, provided that any bank or trust	5328
company which acts as depository of any moneys in the special	5329
funds may furnish such indemnifying bonds or may pledge such	5330
securities as required by the issuing authority;	5331

(6) Any or every provision of the bond proceedings being	5332
binding upon such officer, board, commission, authority, agency,	5333
department, or other person or body as may from time to time have	5334
the authority under law to take such actions as may be necessary	5335
to perform all or any part of the duty required by such provision;	5336

(7) Any provision that may be made in a trust agreement or	5337
indenture;	5338

(8) Any other or additional agreements with the holders of	5339
the obligations, or the trustee therefor, relating to the	5340
obligations or the security therefor, including the assignment of	5341
mortgages or other security relating to financial assistance for	5342
qualified projects under section 5531.09 of the Revised Code.	5343

(F) The obligations may have the great seal of the state or a	5344
facsimile thereof affixed thereto or printed thereon. The	5345
obligations and any coupons pertaining to obligations shall be	5346
signed or bear the facsimile signature of the issuing authority.	5347
Any obligations or coupons may be executed by the person who, on	5348
the date of execution, is the proper issuing authority although on	5349
the date of such bonds or coupons such person was not the issuing	5350
authority. In case the issuing authority whose signature or a	5351
facsimile of whose signature appears on any such obligation or	5352
coupon ceases to be the issuing authority before delivery thereof,	5353
such signature or facsimile nevertheless is valid and sufficient	5354
for all purposes as if the former issuing authority had remained	5355
the issuing authority until such delivery; and in case the seal to	5356
be affixed to obligations has been changed after a facsimile of	5357
the seal has been imprinted on such obligations, such facsimile	5358
seal shall continue to be sufficient as to such obligations and	5359
obligations issued in substitution or exchange therefor.	5360

(G) All obligations are negotiable instruments and securities	5361
under Chapter 1308. of the Revised Code, subject to the provisions	5362
of the bond proceedings as to registration. The obligations may be	5363
issued in coupon or in registered form, or both, as the issuing	5364
authority determines. Provision may be made for the registration	5365
of any obligations with coupons attached thereto as to principal	5366
alone or as to both principal and interest, their exchange for	5367
obligations so registered, and for the conversion or reconversion	5368
into obligations with coupons attached thereto of any obligations	5369
registered as to both principal and interest, and for reasonable	5370
charges for such registration, exchange, conversion, and	5371
reconversion.	5372

(H) Obligations may be sold at public sale or at private	5373
sale, as determined in the bond proceedings.	5374

(I) Pending preparation of definitive obligations, the	5375
issuing authority may issue interim receipts or certificates which	5376
shall be exchanged for such definitive obligations.	5377

(J) In the discretion of the issuing authority, obligations	5378
may be secured additionally by a trust agreement or indenture	5379
between the issuing authority and a corporate trustee which may be	5380
any trust company or bank having its principal place of business	5381
within the state. Any such agreement or indenture may contain the	5382
order authorizing the issuance of the obligations, any provisions	5383
that may be contained in any bond proceedings, and other	5384
provisions which are customary or appropriate in an agreement or	5385
indenture of such type, including, but not limited to:	5386

(1) Maintenance of each pledge, trust agreement, indenture,	5387
or other instrument comprising part of the bond proceedings until	5388
the state has fully paid the bond service charges on the	5389
obligations secured thereby, or provision therefor has been made;	5390

(2) In the event of default in any payments required to be	5391
made by the bond proceedings, or any other agreement of the	5392
issuing authority made as a part of the contract under which the	5393
obligations were issued, enforcement of such payments or agreement	5394
by mandamus, the appointment of a receiver, suit in equity, action	5395
at law, or any combination of the foregoing;	5396

(3) The rights and remedies of the holders of obligations and	5397
of the trustee, and provisions for protecting and enforcing them,	5398
including limitations on the rights of individual holders of	5399
obligations;	5400

(4) The replacement of any obligations that become mutilated	5401
or are destroyed, lost, or stolen;	5402

(5) Such other provisions as the trustee and the issuing	5403
authority agree upon, including limitations, conditions, or	5404
qualifications relating to any of the foregoing.	5405

(K) Any holder of obligations or a trustee under the bond	5406
proceedings, except to the extent that the holder's or trustee's	5407
rights are restricted by the bond proceedings, may by any suitable	5408
form of legal proceedings, protect and enforce any rights under	5409
the laws of this state or granted by such bond proceedings. Such	5410
rights include the right to compel the performance of all duties	5411
of the issuing authority and the director of transportation	5412
required by the bond proceedings or sections 5531.09 and 5531.10	5413
of the Revised Code; to enjoin unlawful activities; and in the	5414
event of default with respect to the payment of any bond service	5415
charges on any obligations or in the performance of any covenant	5416
or agreement on the part of the issuing authority or the director	5417
of transportation in the bond proceedings, to apply to a court	5418
having jurisdiction of the cause to appoint a receiver to receive	5419
and administer the pledged receipts and special funds, other than	5420
those in the custody of the treasurer of state, which are pledged	5421
to the payment of the bond service charges on such obligations or	5422
which are the subject of the covenant or agreement, with full	5423
power to pay, and to provide for payment of bond service charges	5424
on, such obligations, and with such powers, subject to the	5425
direction of the court, as are accorded receivers in general	5426
equity cases, excluding any power to pledge additional revenues or	5427
receipts or other income or moneys of the state or local	5428
governmental entities, or agencies thereof, to the payment of such	5429
principal and interest and excluding the power to take possession	5430
of, mortgage, or cause the sale or otherwise dispose of any	5431
project facilities.	5432

Each duty of the issuing authority and the issuing	5433
authority's officers and employees, and of each state or local	5434
governmental agency and its officers, members, or employees,	5435
undertaken pursuant to the bond proceedings or any loan, loan	5436
guarantee, lease, lease-purchase agreement, or other agreement	5437
made under authority of section 5531.09 of the Revised Code, and	5438
in every agreement by or with the issuing authority, is hereby	5439
established as a duty of the issuing authority, and of each such	5440
officer, member, or employee having authority to perform such	5441
duty, specifically enjoined by the law resulting from an office,	5442
trust, or station within the meaning of section 2731.01 of the	5443
Revised Code.	5444

The person who is at the time the issuing authority, or the	5445
issuing authority's officers or employees, are not liable in their	5446
personal capacities on any obligations issued by the issuing	5447
authority or any agreements of or with the issuing authority.	5448

(L) The issuing authority may authorize and issue obligations	5449
for the refunding, including funding and retirement, and advance	5450
refunding with or without payment or redemption prior to maturity,	5451
of any obligations previously issued by the issuing authority.	5452
Such obligations may be issued in amounts sufficient for payment	5453
of the principal amount of the prior obligations, any redemption	5454
premiums thereon, principal maturities of any such obligations	5455
maturing prior to the redemption of the remaining obligations on a	5456
parity therewith, interest accrued or to accrue to the maturity	5457
dates or dates of redemption of such obligations, and any expenses	5458
incurred or to be incurred in connection with such issuance and	5459
such refunding, funding, and retirement. Subject to the bond	5460
proceedings therefor, the portion of proceeds of the sale of	5461
obligations issued under this division to be applied to bond	5462
service charges on the prior obligations shall be credited to an	5463
appropriate account held by the trustee for such prior or new	5464
obligations or to the appropriate account in the bond service fund	5465
for such obligations. Obligations authorized under this division	5466
shall be deemed to be issued for those purposes for which such	5467
prior obligations were issued and are subject to the provisions of	5468
this section pertaining to other obligations, except as otherwise	5469
provided in this section. The last maturity of obligations	5470
authorized under this division shall not be later than twenty-five	5471
years from the date of issuance of the original securities issued	5472
for the original purpose.	5473

(M) The authority to issue obligations under this section	5474
includes authority to issue obligations in the form of bond	5475
anticipation notes and to renew the same from time to time by the	5476
issuance of new notes. The holders of such notes or interest	5477
coupons pertaining thereto shall have a right to be paid solely	5478
from the pledged receipts and special funds that may be pledged to	5479
the payment of the bonds anticipated, or from the proceeds of such	5480
bonds or renewal notes, or both, as the issuing authority provides	5481
in the order authorizing such notes. Such notes may be	5482
additionally secured by covenants of the issuing authority to the	5483
effect that the issuing authority and the state will do such or	5484
all things necessary for the issuance of such bonds or renewal	5485
notes in the appropriate amount, and apply the proceeds thereof to	5486
the extent necessary, to make full payment of the principal of and	5487
interest on such notes at the time or times contemplated, as	5488
provided in such order. For such purpose, the issuing authority	5489
may issue bonds or renewal notes in such principal amount and upon	5490
such terms as may be necessary to provide funds to pay when	5491
required the principal of and interest on such notes,	5492
notwithstanding any limitations prescribed by or for purposes of	5493
this section. Subject to this division, all provisions for and	5494
references to obligations in this section are applicable to notes	5495
authorized under this division.	5496

The issuing authority in the bond proceedings authorizing the	5497
issuance of bond anticipation notes shall set forth for such bonds	5498
an estimated interest rate and a schedule of principal payments	5499
for such bonds and the annual maturity dates thereof.	5500

(N) Obligations issued under this section are lawful	5501
investments for banks, societies for savings, savings and loan	5502
associations, deposit guarantee associations, trust companies,	5503
trustees, fiduciaries, insurance companies, including domestic for	5504
life and domestic not for life, trustees or other officers having	5505
charge of sinking and bond retirement or other special funds of	5506
political subdivisions and taxing districts of this state, the	5507
commissioners of the sinking fund of the state, the administrator	5508
of workers' compensation in accordance with the investment policy	5509
established by the workers' compensation oversight commission	5510
pursuant to section 4121.12 of the Revised Code, the state	5511
teachers retirement system, the public employees retirement	5512
system, the school employees retirement system, and the Ohio	5513
police and fire pension fund, notwithstanding any other provisions	5514
of the Revised Code or rules adopted pursuant thereto by any	5515
agency of the state with respect to investments by them, and are	5516
also acceptable as security for the deposit of public moneys.	5517

(O) Unless otherwise provided in any applicable bond	5518
proceedings, moneys to the credit of or in the special funds	5519
established by or pursuant to this section may be invested by or	5520
on behalf of the issuing authority only in notes, bonds, or other	5521
obligations of the United States, or of any agency or	5522
instrumentality of the United States, obligations guaranteed as to	5523
principal and interest by the United States, obligations of this	5524
state or any political subdivision of this state, and certificates	5525
of deposit of any national bank located in this state and any	5526
bank, as defined in section 1101.01 of the Revised Code, subject	5527
to inspection by the superintendent of financial institutions. If	5528
the law or the instrument creating a trust pursuant to division	5529
(J) of this section expressly permits investment in direct	5530
obligations of the United States or an agency of the United	5531
States, unless expressly prohibited by the instrument, such moneys	5532
also may be invested in no-front-end-load money market mutual	5533
funds consisting exclusively of obligations of the United States	5534
or an agency of the United States and in repurchase agreements,	5535
including those issued by the fiduciary itself, secured by	5536
obligations of the United States or an agency of the United	5537
States; and in collective investment funds as defined in division	5538
(A) of section 1111.01 of the Revised Code and consisting	5539
exclusively of any such securities. The income from such	5540
investments shall be credited to such funds as the issuing	5541
authority determines, and such investments may be sold at such	5542
times as the issuing authority determines or authorizes.	5543

(P) Provision may be made in the applicable bond proceedings	5544
for the establishment of separate accounts in the bond service	5545
fund and for the application of such accounts only to the	5546
specified bond service charges on obligations pertinent to such	5547
accounts and bond service fund and for other accounts therein	5548
within the general purposes of such fund. Unless otherwise	5549
provided in any applicable bond proceedings, moneys to the credit	5550
of or in the several special funds established pursuant to this	5551
section shall be disbursed on the order of the treasurer of state,	5552
provided that no such order is required for the payment from the	5553
bond service fund when due of bond service charges on obligations.	5554

(Q)(1) The issuing authority may pledge all, or such portion	5555
as the issuing authority determines, of the pledged receipts to	5556
the payment of bond service charges on obligations issued under	5557
this section, and for the establishment and maintenance of any	5558
reserves, as provided in the bond proceedings, and make other	5559
provisions therein with respect to pledged receipts as authorized	5560
by this chapter, which provisions are controlling notwithstanding	5561
any other provisions of law pertaining thereto.	5562

(2) An action taken under division (Q)(2) of this section	5563
does not limit the generality of division (Q)(1) of this section,	5564
and is subject to division (C) of this section and, if and to the	5565
extent otherwise applicable, Section 13 of Article VIII, Ohio	5566
Constitution. The bond proceedings may contain a covenant that, in	5567
the event the pledged receipts primarily pledged and required to	5568
be used for the payment of bond service charges on obligations	5569
issued under this section, and for the establishment and	5570
maintenance of any reserves, as provided in the bond proceedings,	5571
are insufficient to make any such payment in full when due, or to	5572
maintain any such reserve, the director of transportation shall so	5573
notify the governor, and shall determine to what extent, if any,	5574
the payment may be made or moneys may be restored to the reserves	5575
from lawfully available moneys previously appropriated for that	5576
purpose to the department of transportation. The covenant also may	5577
provide that if the payments are not made or the moneys are not	5578
immediately and fully restored to the reserves from such moneys,	5579
the director shall promptly submit to the governor and to the	5580
director of budget and management a written request for either or	5581
both of the following:	5582

(a) That the next biennial budget submitted by the governor	5583
to the general assembly include an amount to be appropriated from	5584
lawfully available moneys to the department for the purpose of and	5585
sufficient for the payment in full of bond service charges	5586
previously due and for the full replenishment of the reserves;	5587

(b) That the general assembly be requested to increase	5588
appropriations from lawfully available moneys for the department	5589
in the current biennium sufficient for the purpose of and for the	5590
payment in full of bond service charges previously due and to come	5591
due in the biennium and for the full replenishment of the	5592
reserves.	5593

The director of transportation shall include with such	5594
requests a recommendation that the payment of the bond service	5595
charges and the replenishment of the reserves be made in the	5596
interest of maximizing the benefits of the state infrastructure	5597
bank. Any such covenant shall not obligate or purport to obligate	5598
the state to pay the bond service charges on such bonds or notes	5599
or to deposit moneys in a reserve established for such payments	5600
other than from moneys that may be lawfully available and	5601
appropriated for that purpose during the then-current biennium.	5602

(R) There is hereby created the state infrastructure bank	5603
revenue bond service fund, which shall be in the custody of the	5604
treasurer of state but shall not be a part of the state treasury.	5605
All moneys received by or on account of the issuing authority or	5606
state agencies and required by the applicable bond proceedings,	5607
consistent with this section, to be deposited, transferred, or	5608
credited to the bond service fund, and all other moneys	5609
transferred or allocated to or received for the purposes of the	5610
fund, shall be deposited and credited to such fund and to any	5611
separate accounts therein, subject to applicable provisions of the	5612
bond proceedings, but without necessity for any act of	5613
appropriation. The state infrastructure bank revenue bond service	5614
fund is a trust fund and is hereby pledged to the payment of bond	5615
service charges to the extent provided in the applicable bond	5616
proceedings, and payment thereof from such fund shall be made or	5617
provided for by the treasurer of state in accordance with such	5618
bond proceedings without necessity for any act of appropriation.	5619

(S) The obligations issued pursuant to this section, the	5620
transfer thereof, and the income therefrom, including any profit	5621
made on the sale thereof, shall at all times be free from taxation	5622
within this state.	5623

Sec. 5535.16. Notwithstanding sections 5535.08 and 5535.15 of	5624
the Revised Code, the department of transportation or a political	5625
subdivision may provide snow and ice removal on the roads under	5626
the control of the state or any political subdivision.	5627

Sec. 5543.19.  (A) The county engineer may, when authorized	5628
by the board of county commissioners and not required by this	5629
section or other law to use competitive bidding, employ such	5630
laborers and vehicles, use such county employees and property,	5631
lease such implements and tools, and purchase such materials as	5632
are necessary in the construction, reconstruction, improvement,	5633
maintenance, or repair of roads by force account.	5634

In determining whether he may undertake construction or	5635
reconstruction, including widening and resurfacing, of roads may	5636
be undertaken by force account, the county engineer shall first	5637
cause to be made an estimate of the cost of such work, which	5638
estimate shall include labor, material, freight, fuel, hauling,	5639
use of machinery and equipment, and all other items of costusing	5640
the force account project assessment form developed by the auditor	5641
of state under section 117.16 of the Revised Code. When the total	5642
estimated cost of the work exceeds tenthirty thousand dollars per	5643
mile, the county commissioners shall invite and receive	5644
competitive bids for furnishing all the labor, materials, and	5645
equipment necessary to complete the work in accordance with	5646
sections 307.86 to 307.92, inclusive, of the Revised Code.	5647

(B) The county engineer may, when authorized by the board of	5648
county commissioners and not required by this section or other law	5649
to use competitive bidding, employ such laborers and vehicles, use	5650
such county employees and property, lease such implements and	5651
tools, and purchase such materials as are necessary in the	5652
construction, reconstruction, improvement, maintenance, or repair	5653
of bridges and culverts by force account.	5654

In determining whether he may undertake such construction,	5655
reconstruction, improvement, maintenance, or repair of bridges or	5656
culverts may be undertaken by force account, the county engineer	5657
shall first cause to be made an estimate of the cost of such work,	5658
which estimate shall include labor, material, freight, fuel,	5659
hauling, use of machinery and equipment, and all other items of	5660
costusing the force account project assessment form. When the	5661
total estimated cost of the work exceeds fortyone hundred	5662
thousand dollars, the board of county commissioners shall invite	5663
and receive competitive bids for furnishing all the labor,	5664
materials, and equipment necessary to complete the work, in	5665
accordance with sections 307.86 to 307.92, inclusive, of the	5666
Revised Code. The county engineer shall obtain the approval	5667
required by section 5543.02 of the Revised Code.	5668

(C) "Force account," as used in this section means that the	5669
county engineer will act as contractor, using labor employed by	5670
himthe engineer using material and equipment either owned by the	5671
county or leased or purchased in compliance with sections 307.86	5672
to 307.92, inclusive, of the Revised Code and excludes	5673
subcontracting any part of such work unless done pursuant to	5674
sections 307.86 to 307.92, inclusive, of the Revised Code.	5675

The term "competitive bids" as used in this section requires	5676
competition for the whole contract and in regard to its component	5677
parts, including labor and materials. Neither plans nor	5678
specifications shall be drawn to favor any manufacturer or bidder	5679
unless required by the public interest.	5680

Sec. 5543.22. Notwithstanding sections 153.65 to 153.71 of	5681
the Revised Code, a county engineer may combine the design and	5682
construction elements of a bridge, highway, or safety project into	5683
a single contract, but only if the cost of the project as bid does	5684
not exceed one million five hundred thousand dollars.	5685

When required to use competitive bidding, the county engineer	5686
shall award a design-build contract in accordance with sections	5687
307.86 to 307.92 of the Revised Code. In lieu of the requirement	5688
for plans, the county engineer shall prepare and distribute a	5689
scope of work document upon which bidders shall base their bids.	5690

A county engineer may request the director of transportation	5691
to review and comment on the scope of work document or the	5692
construction plans for conformance with state and federal	5693
requirements. If so requested, the director shall review and	5694
comment on the document or plans.	5695

Sec. 5575.01.  In the maintenance and repair of roads the	5696
board of township trustees may proceed either by contract or force	5697
account, provided the board has first caused the county engineer	5698
to complete the force account assessment form developed by the	5699
auditor of state under section 117.16 of the Revised Code. Except	5700
as otherwise provided in sections 505.08 and 505.101 of the	5701
Revised Code, when the board proceeds by contract the contract	5702
shall, if the amount involved exceeds fifteenforty-five thousand	5703
dollars, be let by the board to the lowest responsible bidder	5704
after advertisement for bids once, not later than two weeks prior	5705
to the date fixed for the letting of such contract, in a newspaper	5706
published in the county and of general circulation within the	5707
township, but if there is no such paper published in the county,	5708
then in one having general circulation in the township. If the	5709
amount involved is fifteenforty-five thousand dollars or less the	5710
a contract may be let without competitive bidding or the work may	5711
be done by force account. Such contract shall be performed under	5712
the supervision of a member of the board or the township road	5713
superintendent.	5714

Before undertaking the construction or reconstruction of a	5715
township road, the board shall cause to be made by the county	5716
engineer an estimate of the cost of such work, which estimate	5717
shall include labor, material, freight, fuel, hauling, use of	5718
machinery and equipment, and all other items of cost. If the board	5719
finds it in the best interest of the public, it may, in lieu of	5720
constructing the road by contract, proceed to construct the road	5721
by force account. Except as otherwise provided under sections	5722
505.08 and 505.101 of the Revised Code, where the total estimate	5723
cost of the work exceeds fivefifteen thousand dollars per mile,	5724
the board shall invite and receive competitive bids for furnishing	5725
all the labor, materials, and equipment and doing the work, as	5726
provided in section 5575.02 of the Revised Code, and shall	5727
consider and reject them before ordering the work done by force	5728
account. When such bids are received, considered, and rejected,	5729
and the work done by force account, such work shall be performed	5730
in compliance with the plans and specifications upon which the	5731
bids were based.	5732

All force account work shall be done under the direction of a	5733
member of the board or the superintendent.	5734

Sec. 5577.042.  (A) As used in this section:

5735

(1) "Farm machinery" has the same meaning as in section	5736
4501.01 of the Revised Code.	5737

(2) "Farm commodities" includes livestock, bulk milk, corn,	5738
soybeans, tobacco, and wheat.	5739

(3) "Farm truck" means a truck used in the transportation	5740
from a farm of farm commodities when the truck is operated in	5741
accordance with this section.	5742

(4) "Log truck" means a truck used in the transportation of	5743
timber from the site of its cutting when the truck is operated in	5744
accordance with this section.	5745

(5) "Coal truck" means a truck transporting coal from the	5746
site where it is mined when the truck is operated in accordance	5747
with this section.	5748

(B) Notwithstanding sections 5577.02 and 5577.04 of the	5749
Revised Code, a coal truck transporting coal, a farm truck or farm	5750
machinery transporting farm commodities, or a log truck	5751
transporting timber, from the place of production to the first	5752
point of delivery where the commodities are weighed and title to	5753
the commodities, coal, or timber is transferred, may exceed by no	5754
more than fiveseven and one-half per cent the weight provisions	5755
of sections 5577.01 to 5577.09 of the Revised Code and no penalty	5756
prescribed in section 5577.99 of the Revised Code shall be	5757
imposed. If a coal truck so transporting coal, a farm truck or	5758
farm machinery so transporting farm commodities, or a timber truck	5759
so transporting timber, exceeds by more than fiveseven and	5760
one-half per cent the weight provisions of those sections, both of	5761
the following apply without regard to the fiveseven and one-half	5762
per cent allowance provided by this division:	5763

(1) The applicable penalty prescribed in section 5577.99 of	5764
the Revised Code;	5765

(2) The civil liability imposed by section 5577.12 of the	5766
Revised Code.	5767

(C)(1) Division (B) of this section does not apply to the	5768
operation of a farm truck, log truck, or farm machinery	5769
transporting farm commodities during the months of February and	5770
March.	5771

(2) Regardless of when the operation occurs, division (B) of	5772
this section does not apply to the operation of a coal truck, a	5773
farm truck, a log truck, or farm machinery transporting farm	5774
commodities on either of the following:	5775

(a) A highway that is part of the interstate system;

5776

(b) A highway, road, or bridge that is subject to reduced	5777
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	5778
5577.09, or 5591.42 of the Revised Code.	5779

Sec. 5728.06. (A) For the following purposes, an excise tax	5780
is hereby imposed on the use of motor fuel to operate on the	5781
public highways of this state a commercial car with three or more	5782
axles operated alone or as part of a commercial tandem, a	5783
commercial car with two axles operated as part of a commercial	5784
tandem having a gross vehicle weight or registered gross vehicle	5785
weight exceeding twenty-six thousand pounds, or a commercial	5786
tractor operated alone or as part of a commercial tractor	5787
combination or commercial tandem: to provide revenue for	5788
maintaining the state highway system, to widen existing surfaces	5789
on such highways, to resurface such highways, to enable the	5790
counties of the state properly to plan for, maintain, and repair	5791
their roads, to enable the municipal corporations to plan,	5792
construct, reconstruct, repave, widen, maintain, repair, clear,	5793
and clean public highways, roads, and streets; to pay that portion	5794
of the construction cost of a highway project that a county,	5795
township, or municipal corporation normally would be required to	5796
pay, but that the director of transportation, pursuant to division	5797
(B) of section 5531.08 of the Revised Code, determines instead	5798
will be paid from moneys in the highway operating fund; to	5799
maintain and repair bridges and viaducts; to purchase, erect, and	5800
maintain street and traffic signs and markers; to purchase, erect,	5801
and maintain traffic lights and signals; to pay the costs	5802
apportioned to the public under section 4907.47 of the Revised	5803
Code; and to supplement revenue already available for such	5804
purposes, to distribute equitably among those persons using the	5805
privilege of driving motor vehicles upon such highways and streets	5806
the cost of maintaining and repairing the same, and to pay the	5807
interest, principal, and charges on bonds and other obligations	5808
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	5809
and sections 5528.30 and 5528.31 of the Revised Code. The tax is	5810
imposed in the same amount as the motor fuel tax imposed under	5811
Chapter 5735. of the Revised Code plus an additional tax of three	5812
cents per gallon of motor fuel used before July 1, 2004, and an	5813
additional tax of two cents per gallon of motor fuel used before	5814
July 1, 2005, as determined by the gallons consumed while operated	5815
on the public highways of this state. Subject to section 5735.292	5816
of the Revised Code, on and after July 1, 2005, the tax shall be	5817
imposed in the same amount as the motor fuel tax imposed under	5818
Chapter 5735. of the Revised Code. Payment of the fuel use tax	5819
shall be made by the purchase of motor fuel within Ohio of such	5820
gallons as is equivalent to the gallons consumed while operating	5821
such a motor vehicle on the public highways of this state, or by	5822
direct remittance to the treasurer of state with the fuel use tax	5823
return filed pursuant to section 5728.08 of the Revised Code.	5824

Any person subject to the tax imposed under this section who	5825
purchases motor fuel in this state for use in another state in	5826
excess of the amount consumed while operating such motor vehicle	5827
on the public highways of this state shall be allowed a credit	5828
against the tax imposed by this section or a refund equal to the	5829
motor fuel tax paid to this state on such excess. No such credit	5830
or refund shall be allowed for taxes paid to any state that	5831
imposes a tax on motor fuel purchased or obtained in this state	5832
and used on the highways of such other state but does not allow a	5833
similar credit or refund for the tax paid to this state on motor	5834
fuel purchased or acquired in the other state and used on the	5835
public highways of this state.	5836

The tax commissioner is authorized to determine whether such	5837
credits or refunds are available and to prescribe such rules as	5838
are required for the purpose of administering this chapter.	5839

(B) Within sixty days after the last day of each month, the	5840
tax commissioner shall determine the amount of motor fuel tax	5841
allowed as a credit against the tax imposed by this section. The	5842
commissioner shall certify the amount to the director of budget	5843
and management and the treasurer of state, who shall credit the	5844
amount in accordance with section 5728.08 of the Revised Code from	5845
current revenue arising from the tax levied by section 5735.05 of	5846
the Revised Code.	5847

(C) The owner of each commercial car and commercial tractor	5848
subject to sections 5728.01 to 5728.14 of the Revised Code is	5849
liable for the payment of the full amount of the taxes imposed by	5850
this section.	5851

An owner who is a person regularly engaged, for compensation,	5852
in the business of leasing or renting motor vehicles without	5853
furnishing drivers may designate that the lessee of a motor	5854
vehicle leased for a period of thirty days or more shall report	5855
and pay the tax incurred during the duration of the lease. An	5856
owner who is an independent contractor that furnishes both the	5857
driver and motor vehicle, may designate that the person so	5858
furnished with the driver and motor vehicle for a period of thirty	5859
days or more shall report and pay the tax incurred during that	5860
period. An independent contractor that is not an owner, but that	5861
furnishes both the driver and motor vehicle and that has been	5862
designated by the owner of the motor vehicle to report and pay the	5863
tax, may designate that the person so furnished with driver and	5864
motor vehicle for a period of thirty days or more shall report and	5865
pay the tax incurred during that period.	5866

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	5867
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	5868
the Revised Code has been paid, for the purpose of operating a	5869
transit bus shall be reimbursed in the amount of the tax paid on	5870
motor fuel used by public transportation systems providing transit	5871
or paratransit service on a regular and continuing basis within	5872
the state;	5873

(2) A city, exempted village, or local school district that	5874
uses any motor fuel, on which any tax imposed by section 5735.29	5875
of the Revised Code that became effective on or after July 1,	5876
2003, has been paid, may, if an application is filed under this	5877
section, be reimbursed in the amount of all but two cents per	5878
gallon of that tax paid on motor fuel, used for providing	5879
transportation for pupils in a vehicle the district owns or	5880
leases.	5881

(B) Such person shall file with the tax commissioner an	5882
application for refund within one year from the date of purchase,	5883
stating the quantity of fuel used for operating transit buses used	5884
by local transit systems in furnishing scheduled common carrier,	5885
public passenger land transportation service along regular routes	5886
primarily in one or more municipal corporations, except thator	5887
for operating vehicles used by school districts to transport	5888
pupils. However, no person shall file a claim for the tax on fewer	5889
than one hundred gallons of motor fuel. The application shall be	5890
accompanied by the statement described in section 5735.15 of the	5891
Revised Code showing the purchase, together with evidence of	5892
payment thereof.	5893

(C) After consideration of the application and statement, the	5894
commissioner shall determine the amount of refund to which the	5895
applicant is entitled. If the amount is not less than that	5896
claimed, the commissioner shall certify the amount to the director	5897
of budget and management and treasurer of state for payment from	5898
the tax refund fund created by section 5703.052 of the Revised	5899
Code. If the amount is less than that claimed, the commissioner	5900
shall proceed in accordance with section 5703.70 of the Revised	5901
Code.	5902

The commissioner may require that the application be	5903
supported by the affidavit of the claimant. No refund shall be	5904
authorized or ordered for any single claim for the tax on fewer	5905
than one hundred gallons of motor fuel.	5906

(D) The refund authorized by this section or section 5703.70	5907
of the Revised Code shall be reduced by the cents per gallon	5908
amount of any qualified fuel credit received under section	5909
5735.145 of the Revised Code, as determined by the commissioner,	5910
for each gallon of qualified fuel included in the total gallonage	5911
of motor fuel upon which the refund is computed.	5912

(E) The right to receive any refund under this section or	5913
section 5703.70 of the Revised Code is not assignable. The payment	5914
of this refund shall not be made to any person other than the	5915
person originally entitled thereto who used the motor fuel upon	5916
which the claim for refund is based, except that the refund when	5917
allowed and certified, as provided in this section, may be paid to	5918
the executor, the administrator, the receiver, the trustee in	5919
bankruptcy, or the assignee in insolvency proceedings of the	5920
person.	5921

Sec. 5735.23.  (A) Out of receipts from the tax levied by	5922
section 5735.05 of the Revised Code, the treasurer of state shall	5923
place to the credit of the tax refund fund established by section	5924
5703.052 of the Revised Code amounts equal to the refunds	5925
certified by the tax commissioner pursuant to sections 5735.13,	5926
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	5927
treasurer of state shall then transfer the amount required by	5928
section 5735.051 of the Revised Code to the waterways safety fund	5929
and the amount required by section 4907.472 of the Revised Code to	5930
the grade crossing protection fund.	5931

(B) Except as provided in division (D) of this section, each	5932
month the balance of the receipts from the tax levied by section	5933
5735.05 of the Revised Code shall be credited, after receipt by	5934
the treasurer of state of certification from the commissioners of	5935
the sinking fund, as required by section 5528.35 of the Revised	5936
Code, that there are sufficient moneys to the credit of the	5937
highway obligations bond retirement fund to meet in full all	5938
payments of interest, principal, and charges for the retirement of	5939
highway obligations issued pursuant to Section 2i of Article VIII,	5940
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	5941
Code due and payable during the current calendar year, as follows:	5942

(1) To the state and local government highway distribution	5943
fund, which is hereby created in the state treasury, an amount	5944
that is the same percentage of the balance to be credited as that	5945
portion of the tax per gallon determined under division (B)(2)(a)	5946
of section 5735.06 of the Revised Code is of the total tax per	5947
gallon determined under divisions (B)(2)(a) and (b) of that	5948
section.	5949

(2) After making the distribution to the state and local	5950
government highway distribution fund, the remainder shall be	5951
credited as follows:	5952

(a) Thirty per cent to the gasoline excise tax fund for	5953
distribution pursuant to division (A)(1) of section 5735.27 of the	5954
Revised Code;	5955

(b) Twenty-five per cent to the gasoline excise tax fund for	5956
distribution pursuant to division (A)(3) of section 5735.27 of the	5957
Revised Code;	5958

(c) Except as provided in division (D) of this section,	5959
forty-five per cent to the highway operating fund for distribution	5960
pursuant to division (B)(1) of section 5735.27 of the Revised	5961
Code.	5962

(C) From the balance in the state and local government	5963
highway distribution fund on the last day of each month there	5964
shall be paid the following amounts:	5965

(1) To the local transportation improvement program fund	5966
created by section 164.14 of the Revised Code, an amount equal to	5967
a fraction of the balance in the state and local government	5968
highway distribution fund, the numerator of which fraction is one	5969
and the denominator of which fraction is that portion of the tax	5970
per gallon determined under division (B)(2)(a) of section 5735.06	5971
of the Revised Code;	5972

(2) An amount equal to five cents multiplied by the number of	5973
gallons of motor fuel sold at stations operated by the Ohio	5974
turnpike commission, such gallonage to be certified by the	5975
commission to the treasurer of state not later than the last day	5976
of the month following. The funds paid to the commission pursuant	5977
to this section shall be expended for the construction,	5978
reconstruction, maintenance, and repair of turnpike projects,	5979
except that the funds may not be expended for the construction of	5980
new interchanges. The funds also may be expended for the	5981
construction, reconstruction, maintenance, and repair of those	5982
portions of connecting public roads that serve existing	5983
interchanges and are determined by the commission and the director	5984
of transportation to be necessary for the safe merging of traffic	5985
between the turnpike and those public roads.	5986

The remainder of the balance shall be distributed as follows	5987
on the fifteenth day of the following month:	5988

(a) Ten and seven-tenths per cent shall be paid to municipal	5989
corporations for distribution pursuant to division (A)(1) of	5990
section 5735.27 of the Revised Code and may be used for any	5991
purpose for which payments received under that division may be	5992
used. Beginning July 1, 2003, the sum of two hundred forty-eight	5993
thousand six hundred twenty-five dollars shall be subtracted from	5994
the amount so computed and credited to the highway operating fund.	5995

(b) Five per cent shall be paid to townships for distribution	5996
pursuant to division (A)(5) of section 5735.27 of the Revised Code	5997
and may be used for any purpose for which payments received under	5998
that division may be used. Beginning July 1, 2003, the sum of	5999
eighty-seven thousand seven hundred fifty dollars shall be	6000
subtracted from the amount so computed and credited to the highway	6001
operating fund.	6002

(c) Nine and three-tenths per cent shall be paid to counties	6003
for distribution pursuant to division (A)(3) of section 5735.27 of	6004
the Revised Code and may be used for any purpose for which	6005
payments received under that division may be used. Beginning July	6006
1, 2003, the sum of two hundred forty-eight thousand six hundred	6007
twenty-five dollars shall be subtracted from the amount so	6008
computed and credited to the highway operating fund.	6009

(d) Except as provided in division (D) of this section, the	6010
balance shall be transferred to the highway operating fund and	6011
used for the purposes set forth in division (B)(1) of section	6012
5735.27 of the Revised Code.	6013

(D) Beginning on the first day of September each fiscal year,	6014
any amounts required to be credited or transferred to the highway	6015
operating fund pursuant to division (B)(2)(c) or (C)(2)(d) of this	6016
section shall be credited or transferred to the highway capital	6017
improvement bond service fund created in section 151.06 of the	6018
Revised Code, until such time as the office of budget and	6019
management receives certification from the treasurer of state or	6020
the treasurer of state's designee that sufficient money has been	6021
credited or transferred to the bond service fund to meet in full	6022
all payments of debt service and financing costs due during the	6023
fiscal year from that fund.	6024

Sec. 5735.27.  (A) There is hereby created in the state	6025
treasury the gasoline excise tax fund, which shall be distributed	6026
in the following manner:	6027

(1) The amount credited pursuant to divisions (B)(2)(a) and	6028
(C)(2)(a) of section 5735.23 of the Revised Code shall be	6029
distributed among municipal corporations. The amount paid to each	6030
municipal corporation shall be that proportion of the amount to be	6031
so distributed that the number of motor vehicles registered within	6032
such municipal corporation bears to the total number of motor	6033
vehicles registered within all the municipal corporations of this	6034
state during the preceding motor vehicle registration year. When a	6035
new village is incorporated, the registrar of motor vehicles shall	6036
determine from the applications on file in the bureau of motor	6037
vehicles the number of motor vehicles located within the territory	6038
comprising the village during the entire registration year in	6039
which such municipal corporation was incorporated. The registrar	6040
shall forthwith certify the number of motor vehicles so determined	6041
to the tax commissioner for use in distributing motor vehicle fuel	6042
tax funds to such village until such village is qualified to	6043
participate in the distribution of such funds pursuant to this	6044
division. The number of such motor vehicle registrations shall be	6045
determined by the official records of the bureau of motor	6046
vehicles. The amount received by each municipal corporation shall	6047
be used to plan, construct, reconstruct, repave, widen, maintain,	6048
repair, clear, and clean public highways, roads, and streets; to	6049
maintain and repair bridges and viaducts; to purchase, erect, and	6050
maintain street and traffic signs and markers; to pay the costs	6051
apportioned to the municipal corporation under section 4907.47 of	6052
the Revised Code; to purchase, erect, and maintain traffic lights	6053
and signals; to pay the principal, interest, and charges on bonds	6054
and other obligations issued pursuant to Chapter 133. of the	6055
Revised Code for the purpose of acquiring or constructing roads,	6056
highways, bridges, or viaducts or acquiring or making other	6057
highway improvements for which the municipal corporation may issue	6058
bonds; and to supplement revenue already available for such	6059
purposes.	6060

(2) The amount credited pursuant to division (B) of section	6061
5735.26 of the Revised Code shall be distributed among the	6062
municipal corporations within the state, in the proportion which	6063
the number of motor vehicles registered within each municipal	6064
corporation bears to the total number of motor vehicles registered	6065
within all the municipal corporations of the state during the	6066
preceding calendar year, as shown by the official records of the	6067
bureau of motor vehicles, and shall be expended by each municipal	6068
corporation to plan, construct, reconstruct, repave, widen,	6069
maintain, repair, clear, and clean public highways, roads and	6070
streets; to maintain and repair bridges and viaducts; to purchase,	6071
erect, and maintain street and traffic signs and markers; to	6072
purchase, erect, and maintain traffic lights and signals; to pay	6073
costs apportioned to the municipal corporation under section	6074
4907.47 of the Revised Code; to pay the principal, interest, and	6075
charges on bonds and other obligations issued pursuant to Chapter	6076
133. of the Revised Code for the purpose of acquiring or	6077
constructing roads, highways, bridges, or viaducts or acquiring or	6078
making other highway improvements for which the municipal	6079
corporation may issue bonds; and to supplement revenue already	6080
available for such purposes.	6081

(3) The amount credited pursuant to divisions (B)(2)(b) and	6082
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	6083
equal proportions to the county treasurer of each county within	6084
the state and shall be used only for the purposes of planning,	6085
maintaining, and repairing the county system of public roads and	6086
highways within such county; the planning, construction, and	6087
repair of walks or paths along county roads in congested areas;	6088
the planning, construction, purchase, lease, and maintenance of	6089
suitable buildings for the housing and repair of county road	6090
machinery, housing of supplies, and housing of personnel	6091
associated with the machinery and supplies; the payment of costs	6092
apportioned to the county under section 4907.47 of the Revised	6093
Code; the payment of principal, interest, and charges on bonds and	6094
other obligations issued pursuant to Chapter 133. of the Revised	6095
Code for the purpose of acquiring or constructing roads, highways,	6096
bridges, or viaducts or acquiring or making other highway	6097
improvements for which the board of county commissioners may issue	6098
bonds under that chapter; and the purchase, installation, and	6099
maintenance of traffic signal lights.	6100

(4) The amount credited pursuant to division (C) of section	6101
5735.26 of the Revised Code shall be paid in equal proportions to	6102
the county treasurer of each county for the purposes of planning,	6103
maintaining, constructing, widening, and reconstructing the county	6104
system of public roads and highways; paying principal, interest,	6105
and charges on bonds and other obligations issued pursuant to	6106
Chapter 133. of the Revised Code for the purpose of acquiring or	6107
constructing roads, highways, bridges, or viaducts or acquiring or	6108
making other highway improvements for which the board of county	6109
commissioners may issue bonds under such chapter; and paying costs	6110
apportioned to the county under section 4907.47 of the Revised	6111
Code.	6112

(5)(a) The amount credited pursuant to division (D) of	6113
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	6114
Revised Code shall be divided in equal proportions among the	6115
townships within the state and.	6116

(b) As used in division (A)(5)(b) of this section, the	6117
"formula amount" for any township is the amount that would be	6118
allocated to that township if fifty per cent of the amount	6119
credited to townships pursuant to section 5735.291 of the Revised	6120
Code were allocated among townships in the state proportionate to	6121
the number of lane miles within the boundaries of the respective	6122
townships and the other fifty per cent of the amount credited	6123
pursuant to section 5735.291 of the Revised Code were allocated	6124
among townships in the state proportionate to the number of motor	6125
vehicles registered within the respective townships.	6126

The amount credited to townships pursuant to section 5735.291	6127
of the Revised Code shall be allocated among townships as follows:	6128

(i) In the year beginning August 15, 2003, each township	6129
shall receive the greater of $14,718 or seventy per cent of the	6130
formula amount for that township.	6131

(ii) In the year beginning August 15, 2004, each township	6132
shall receive the greater of $29,436 or seventy per cent of the	6133
formula amount for that township.	6134

(iii) In the year beginning August 15, 2005 each township	6135
shall receive the greater of $44,155 or seventy per cent of the	6136
formula amount for that township.	6137

(c) All amounts credited pursuant to divisions (a) and (b) of	6138
this section shall be paid to the county treasurer of each county	6139
for the total amount payable to the townships within each of the	6140
counties. The county treasurer shall pay to each township within	6141
the county its equal proportional share of the funds, which shall	6142
be expended by each township for the sole purpose of planning,	6143
constructing, maintaining, widening, and reconstructing the public	6144
roads and highways within such township, and paying costs	6145
apportioned to the township under section 4907.47 of the Revised	6146
Code.	6147

No part of the funds shall be used for any purpose except to	6148
pay in whole or part the contract price of any such work done by	6149
contract, or to pay the cost of labor in planning, constructing,	6150
widening, and reconstructing such roads and highways, and the cost	6151
of materials forming a part of the improvement; provided, that	6152
such funds may be used for the purchase of road machinery and	6153
equipment and for the planning, construction, and maintenance of	6154
suitable buildings for housing road machinery and equipment, and	6155
that all such improvement of roads shall be under supervision and	6156
direction of the county engineer as provided in section 5575.07 of	6157
the Revised Code. No obligation against such funds shall be	6158
incurred unless plans and specifications for such improvement,	6159
approved by the county engineer, are on file in the office of the	6160
township clerk, and all contracts for material and for work done	6161
by contract shall be approved by the county engineer before being	6162
signed by the board of township trustees. The board of township	6163
trustees of any township may pass a resolution permitting the	6164
board of county commissioners to expend such township's share of	6165
the funds, or any portion thereof, for the improvement of such	6166
roads within the township as may be designated in the resolution.	6167

All investment earnings of the fund shall be credited to the	6168
fund.	6169

(B) Amounts credited to the highway operating fund pursuant	6170
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	6171
division (A) of section 5735.26 of the Revised Code shall be	6172
expended in the following manner:	6173

(1) The amount credited pursuant to divisions (B)(2)(c) and	6174
(C)(2)(d) of section 5735.23 of the Revised Code shall be	6175
apportioned to and expended by the department of transportation	6176
for the purposes of planning, maintaining, repairing, and keeping	6177
in passable condition for travel the roads and highways of the	6178
state required by law to be maintained by the department; paying	6179
the costs apportioned to the state under section 4907.47 of the	6180
Revised Code; paying that portion of the construction cost of a	6181
highway project which a county, township, or municipal corporation	6182
normally would be required to pay, but which the director of	6183
transportation, pursuant to division (B) of section 5531.08 of the	6184
Revised Code, determines instead will be paid from moneys in the	6185
highway operating fund; and paying the costs of the department of	6186
public safety in administering and enforcing the state law	6187
relating to the registration and operation of motor vehicles.	6188

(2) The amount credited pursuant to division (A) of section	6189
5735.26 of the Revised Code shall be used for paying the state's	6190
share of the cost of planning, constructing, widening,	6191
maintaining, and reconstructing the state highways; paying that	6192
portion of the construction cost of a highway project which a	6193
county, township, or municipal corporation normally would be	6194
required to pay, but which the director of transportation,	6195
pursuant to division (B) of section 5531.08 of the Revised Code,	6196
determines instead will be paid from moneys in the highway	6197
operating fund; and also for supplying the state's share of the	6198
cost of eliminating railway grade crossings upon such highways and	6199
costs apportioned to the state under section 4907.47 of the	6200
Revised Code. The director of transportation may expend portions	6201
of such amount upon extensions of state highways within municipal	6202
corporations or upon portions of state highways within municipal	6203
corporations, as is provided by law.	6204

Sec. 5735.29.  To provide revenue for supplying the state's	6205
share of the cost of constructing, widening, maintaining, and	6206
reconstructing the state highways; to maintain and repair bridges	6207
and viaducts; to purchase, erect, and maintain street and traffic	6208
signs and markers; to purchase, erect, and maintain traffic lights	6209
and signals; to pay the expense of administering and enforcing the	6210
state law relative to the registration and operation of motor	6211
vehicles; to make road improvements associated with retaining or	6212
attracting business for this state, to pay that portion of the	6213
construction cost of a highway project which a county, township,	6214
or municipal corporation normally would be required to pay, but	6215
which the director of transportation, pursuant to division (B) of	6216
section 5531.08 of the Revised Code, determines instead will be	6217
paid from moneys in the highway operating fund; to provide revenue	6218
for the purposes of sections 1547.71 to 1547.78 of the Revised	6219
Code; and to supplement revenue already available for such	6220
purposes, to pay the expenses of the department of taxation	6221
incident to the administration of the motor fuel laws, to	6222
supplement revenue already available for such purposes; and to pay	6223
the interest, principal, and charges on highway obligations issued	6224
pursuant to Section 2i of Article VIII, Ohio Constitution, and	6225
sections 5528.30 and 5528.31 of the Revised Code; to enable the	6226
counties and townships of the state to properly plan, construct,	6227
widen, reconstruct, and maintain their public highways, roads, and	6228
streets; to enable counties to pay principal, interest, and	6229
charges on bonds and other obligations issued pursuant to Chapter	6230
133. of the Revised Code for highway improvements; to enable	6231
municipal corporations to plan, construct, reconstruct, repave,	6232
widen, maintain, repair, clear, and clean public highways, roads,	6233
and streets; to enable municipal corporations to pay the	6234
principal, interest, and charges on bonds and other obligations	6235
issued pursuant to Chapter 133. of the Revised Code for highway	6236
improvements; and to pay the costs apportioned to the public under	6237
section 4907.47 of the Revised Code, a motor fuel excise tax is	6238
hereby imposed on all motor fuel dealers upon their receipt of	6239
motor fuel within the state at the rate of two cents on each	6240
gallon so received; provided, that effective July 1, 2003, the	6241
motor fuel excise tax imposed by this section shall be at the rate	6242
of four cents on each gallon so received; effective July 1, 2004,	6243
the motor fuel excise tax imposed by this section shall be at the	6244
rate of six cents on each gallon so received; and, subject to	6245
section 5735.292 of the Revised Code, effective July 1, 2005, the	6246
motor fuel excise tax imposed by this section shall be at the rate	6247
of eight cents on each gallon so received. This tax is subject to	6248
the specific exemptions set forth in this chapter of the Revised	6249
Code. It shall be reported, computed, paid, collected,	6250
administered, enforced, and refunded, and the failure properly and	6251
correctly to report and pay the tax shall be penalized, in exactly	6252
the same manner as is provided in this chapter. Such sections	6253
relating to motor fuel excise taxes are reenacted and incorporated	6254
as if specifically set forth in this section. The tax levied by	6255
this section is in addition to any other taxes imposed under this	6256
chapter.	6257

No municipal corporation, county, or township shall expend	6258
any revenues received from the tax levied by this section for any	6259
purpose other than one of the specific highway-related purposes	6260
stated in this section. In addition, each municipal corporation,	6261
county, or township shall use at least ninety per cent of all	6262
revenues received from the tax levied by this section to	6263
supplement, rather than supplant, other local funds used for	6264
highway-related purposes.	6265

Sec. 5735.291. (A) The treasurer of state shall place to the	6266
credit of the tax refund fund created by section 5703.052 of the	6267
Revised Code, out of receipts from the tax levied by section	6268
5735.29 of the Revised Code, amounts equal to the refunds	6269
certified by the tax commissioner pursuant to sections 5735.142	6270
and 5735.29 of the Revised Code. The refunds provided for by	6271
sections 5735.142 and 5735.29 of the Revised Code shall be paid	6272
from such fund. The treasurer of state shall transfer the amount	6273
required by section 5735.051 of the Revised Code to the waterways	6274
safety fund. The specified portion of the balance of taxes	6275
collected under section 5735.29 of the Revised Code after the	6276
credits to the tax refund fund, and after the transfer to the	6277
waterways safety fund, shall be credited to the gasoline excise	6278
tax fund. Subject to division (B) of this section, forty-two and	6279
eighty-six hundredths per cent of the specified portion shall be	6280
distributed among the municipal corporations within the state in	6281
accordance with division (A)(2) of section 5735.27 of the Revised	6282
Code, thirty-seven and fourteen hundredths per cent of the	6283
specified portion shall be distributed among the counties within	6284
the state in accordance with division (A)(3) of section 5735.27 of	6285
the Revised Code, and twenty per cent of the specified portion	6286
shall be distributed among the townships within the state in	6287
accordance with division (A)(5) of section 5735.27 of the Revised	6288
Code. Subject to division (B) of this section, the remainder of	6289
the tax levied by section 5735.29 of the Revised Code after	6290
receipt by the treasurer of state of certifications from the	6291
commissioners of the sinking fund certifying, as required by	6292
sections 5528.15 and 5528.35 of the Revised Code, there are	6293
sufficient moneys to the credit of the highway improvement bond	6294
retirement fund created by section 5528.12 of the Revised Code to	6295
meet in full all payments of interest, principal, and charges for	6296
the retirement of bonds and other obligations issued pursuant to	6297
Section 2g of Article VIII, Ohio Constitution, and sections	6298
5528.10 and 5528.11 of the Revised Code due and payable during the	6299
current calendar year, and that there are sufficient moneys to the	6300
credit of the highway obligations bond retirement fund created by	6301
section 5528.32 of the Revised Code to meet in full all payments	6302
of interest, principal, and charges for the retirement of highway	6303
obligations issued pursuant to Section 2i of Article VIII, Ohio	6304
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	6305
due and payable during the current calendar year, shall be	6306
credited to the highway operating fund, which is hereby created in	6307
the state treasury and shall be used solely for the purposes	6308
enumerated in section 5735.29 of the Revised Code. All investment	6309
earnings of the fund shall be credited to the fund.	6310

(B)(1)(a) Effective August 15, 2003, prior to the	6311
distribution from the gasoline excise tax fund to municipal	6312
corporations of the forty-two and eighty-six hundredths per cent	6313
of the specified portion as provided in division (A) of this	6314
section, eight hundred six thousand six hundred sixty-six dollars	6315
from that forty-two and eighty-six hundredths per cent shall be	6316
credited to townships and distributed pursuant to division	6317
(A)(5)(b) of section 5735.27 of the Revised Code.	6318

(b) Effective August 15, 2003, prior to the distribution from	6319
the gasoline excise tax fund to counties of the thirty-seven and	6320
fourteen hundredths per cent of the specified portion as provided	6321
in division (A) of this section, eight hundred six thousand six	6322
hundred sixty-six dollars from that thirty-seven and fourteen	6323
hundredths per cent shall be credited to townships pursuant to	6324
division (A)(5)(b) of section 5735.27 of the Revised Code.	6325

(c) Effective August 15, 2003, prior to crediting any revenue	6326
resulting from the tax levied by section 5735.29 of the Revised	6327
Code to the highway operating fund, the treasurer shall credit	6328
eight hundred six thousand six hundred sixty-six dollars to	6329
townships for distribution pursuant to division (A)(5)(b) of	6330
section 5735.27 of the Revised Code.	6331

(2)(a) Effective August 15, 2004, prior to the distribution	6332
from the gasoline excise tax fund to municipal corporations of the	6333
forty-two and eighty-six hundredths per cent of the specified	6334
portion as provided in division (A) of this section, one million	6335
six hundred thirteen thousand three hundred thirty-two dollars	6336
from that forty-two and eighty-six hundredths per cent shall be	6337
credited to townships pursuant to division (A)(5)(b) of section	6338
5735.27 of the Revised Code.	6339

(b) Effective August 15, 2004, prior to the distribution from	6340
the gasoline excise tax fund to counties of the thirty-seven and	6341
fourteen hundredths per cent of the specified portion as provided	6342
in division (A) of this section, one million six hundred thirteen	6343
thousand three hundred thirty-two dollars from that thirty-seven	6344
and fourteen hundredths per cent shall be credited to townships	6345
pursuant to division (A)(5)(b) of section 5735.27 of the Revised	6346
Code.	6347

(c) Effective August 15, 2004, prior to crediting any revenue	6348
resulting from the tax levied by section 5735.29 of the Revised	6349
Code to the highway operating fund, the treasurer shall credit one	6350
million six hundred thirteen thousand three hundred thirty-two	6351
dollars to townships for distribution pursuant to division	6352
(A)(5)(b) of section 5735.27 of the Revised Code.	6353

(3)(a) Effective August 15, 2005, prior to the distribution	6354
from the gasoline excise tax fund to municipal corporations of the	6355
forty-two and eighty-six hundredths per cent of the specified	6356
portion as provided in division (A) of this section, two million	6357
four hundred twenty thousand dollars from that forty-two and	6358
eighty-six hundredths per cent shall be credited to townships	6359
pursuant to division (A)(5)(b) of section 5735.27 of the Revised	6360
Code.	6361

(b) Effective August 15, 2005, prior to the distribution from	6362
the gasoline excise tax fund to counties of the thirty-seven and	6363
fourteen hundredths per cent of the specified portion as provided	6364
in division (A) of this section, two million four hundred twenty	6365
thousand dollars from that thirty-seven and fourteen hundredths	6366
per cent shall be credited to townships in accordance with	6367
division (A)(5)(b) of section 5735.27 of the Revised Code.	6368

(c) Effective August 15, 2005, prior to crediting any revenue	6369
resulting from the tax levied by section 5735.29 of the Revised	6370
Code to the highway operating fund, the treasurer shall credit two	6371
million four hundred twenty thousand dollars to townships for	6372
distribution pursuant to division (A)(5)(b) of section 5735.27 of	6373
the Revised Code.	6374

(C) As used in this section, "specified portion" means all of	6375
the following:	6376

(1) Until August 15, 2003, none of the taxes collected under	6377
section 5735.29 of the Revised Code;	6378

(2) Effective August 15, 2003, one-eighth of the balance of	6379
taxes collected under section 5735.29 of the Revised Code, after	6380
the credits to the tax refund fund and after the transfer to the	6381
waterways safety fund;	6382

(3) Effective August 15, 2004, one-sixth of the balance of	6383
taxes described in division (C)(2) of this section;	6384

(4) Effective August 15, 2005, three-sixteenths of the	6385
balance of taxes described in division (C)(2) of this section.	6386

Sec. 5735.292.  The rate of tax imposed under section 5735.29	6387
of the Revised Code on and after July 1, 2005, shall be six cents	6388
per gallon, notwithstanding any provision of that section to the	6389
contrary, and the rate of the additional tax imposed under section	6390
5728.06 of the Revised Code on and after July 1, 2005, shall be	6391
two cents, notwithstanding any provision of that section to the	6392
contrary if both of the following apply:	6393

(A) The director of transportation determines that the amount	6394
of federal motor fuel excise taxes appropriated to this state and	6395
available for basic highway programs is equal to or greater than	6396
ninety-five per cent of the amount of federal motor fuel excise	6397
taxes paid in this state;	6398

(B) The director of transportation determines that this state	6399
no longer receives a net loss of federal motor fuel excise tax	6400
returns caused by any federal tax reduction, tax rebate, or tax	6401
assistance on behalf of ethanol-based or alcohol-based motor	6402
fuels.	6403

Section 2. That existing sections 723.52, 723.53, 1547.11,	6404
3704.14, 3704.143, 4501.10, 4503.10, 4503.101, 4503.103, 4503.11,	6405
4503.173, 4503.182, 4503.40, 4503.42, 4503.50, 4503.51, 4503.55,	6406
4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711,	6407
4503.72, 4503.73, 4503.75, 4506.08, 4507.23, 4508.08, 4511.04,	6408
4511.19, 4511.191, 4511.197, 4513.111, 4513.52, 4513.53, 4921.02,	6409
5501.20, 5501.34, 5501.45, 5502.02, 5517.011, 5517.02, 5525.20,	6410
5531.10, 5543.19, 5575.01, 5577.042, 5728.06, 5735.142, 5735.23,	6411
5735.27, 5735.29, and 5735.291, and sections        Sec. 4501.20. ,        Sec. 4501.22. ,	6412
Sec. 4501.29. ,        Sec. 4501.30. ,        Sec. 4501.311. ,        Sec. 4501.32. ,        Sec. 4501.33. ,        Sec. 4501.39. ,        Sec. 4501.40. ,	6413
Sec. 4501.41. ,        Sec. 4501.61. ,        Sec. 4501.71. , and        Sec. 4503.251.  of the Revised Code are	6414
hereby repealed.	6415

Section 3. Section 4511.197 of the Revised Code, as amended	6416
by this act, shall take effect January 1, 2004.	6417

Section 4. That the versions of sections 1547.11, 4503.10,	6418
4503.11, 4503.182, 4511.19, and 4513.111 of the Revised Code that	6419
are scheduled to take effect January 1, 2004, be amended to read	6420
as follows:	6421

Sec. 1547.11.  (A) No person shall operate or be in physical	6422
control of any vessel underway or shall manipulate any water skis,	6423
aquaplane, or similar device on the waters in this state if, at	6424
the time of the operation, control, or manipulation, any of the	6425
following applies:	6426

(1) The person is under the influence of alcohol, a drug of	6427
abuse, or a combination of them.	6428

(2) The person has a concentration of ten-hundredths	6429
eight-hundredths of one per cent or more by weight of alcohol per	6430
unit volume in the person's whole blood.	6431

(3) The person has a concentration of twelve-hundredths	6432
ninety-six-hundredths of one per cent or more by weight per unit	6433
volume of alcohol in the person's blood serum or plasma.	6434

(4) The person has a concentration of fourteen-hundredths	6435
eleven-hundredths of one gram or more by weight of alcohol per one	6436
hundred milliliters of the person's urine.	6437

(5) The person has a concentration of ten-hundredths	6438
eight-hundredths of one gram or more by weight of alcohol per two	6439
hundred ten liters of the person's breath.	6440

(B) No person under twenty-one years of age shall operate or	6441
be in physical control of any vessel underway or shall manipulate	6442
any water skis, aquaplane, or similar device on the waters in this	6443
state if, at the time of the operation, control, or manipulation,	6444
any of the following applies:	6445

(1) The person has a concentration of at least two-hundredths	6446
of one per cent, but less than ten-hundredthseight-hundredths of	6447
one per cent by weight per unit volume of alcohol in the person's	6448
whole blood.	6449

(2) The person has a concentration of at least	6450
three-hundredths of one per cent but less than twelve-hundredths	6451
ninety-six-hundredths of one per cent by weight per unit volume of	6452
alcohol in the person's blood serum or plasma.	6453

(3) The person has a concentration of at least twenty-eight	6454
one-thousandths of one gram, but less than fourteen-hundredths	6455
eleven-hundredths of one gram by weight of alcohol per one hundred	6456
milliliters of the person's urine.	6457

(4) The person has a concentration of at least two-hundredths	6458
of one gram, but less than ten-hundredthseight-hundredths of one	6459
gram by weight of alcohol per two hundred ten liters of the	6460
person's breath.	6461

(C) In any proceeding arising out of one incident, a person	6462
may be charged with a violation of division (A)(1) and a violation	6463
of division (B)(1), (2), (3), or (4) of this section, but the	6464
person shall not be convicted of more than one violation of those	6465
divisions.	6466

(D)(1) In any criminal prosecution or juvenile court	6467
proceeding for a violation of division (A) or (B) of this section	6468
or for an equivalent violation, the court may admit evidence on	6469
the concentration of alcohol, drugs of abuse, or a combination of	6470
them in the defendant's or child's whole blood, blood serum or	6471
plasma, urine, or breath at the time of the alleged violation as	6472
shown by chemical analysis of the substance withdrawn, or specimen	6473
taken within two hours of the time of the alleged violation.	6474

When a person submits to a blood test, only a physician, a	6475
registered nurse, or a qualified technician, chemist, or	6476
phlebotomist shall withdraw blood for the purpose of determining	6477
the alcohol, drug, or alcohol and drug content of the whole blood,	6478
blood serum, or blood plasma. This limitation does not apply to	6479
the taking of breath or urine specimens. A person authorized to	6480
withdraw blood under this division may refuse to withdraw blood	6481
under this division if, in that person's opinion, the physical	6482
welfare of the defendant or child would be endangered by	6483
withdrawing blood.	6484

The whole blood, blood serum or plasma, urine, or breath	6485
shall be analyzed in accordance with methods approved by the	6486
director of health by an individual possessing a valid permit	6487
issued by the director pursuant to section 3701.143 of the Revised	6488
Code.	6489

(2) In a criminal prosecution or juvenile court proceeding	6490
for a violation of division (A) of this section or for a violation	6491
of a prohibition that is substantially equivalent to division (A)	6492
of this section, if there was at the time the bodily substance was	6493
taken a concentration of less than the applicable concentration of	6494
alcohol specified for a violation of division (A)(2), (3), (4), or	6495
(5) of this section, that fact may be considered with other	6496
competent evidence in determining the guilt or innocence of the	6497
defendant or in making an adjudication for the child. This	6498
division does not limit or affect a criminal prosecution or	6499
juvenile court proceeding for a violation of division (B) of this	6500
section or for a violation of a prohibition that is substantially	6501
equivalent to that division.	6502

(3) Upon the request of the person who was tested, the	6503
results of the chemical test shall be made available to the person	6504
or the person's attorney immediately upon completion of the test	6505
analysis.	6506

The person tested may have a physician, a registered nurse,	6507
or a qualified technician, chemist, or phlebotomist of the	6508
person's own choosing administer a chemical test or tests in	6509
addition to any administered at the direction of a law enforcement	6510
officer, and shall be so advised. The failure or inability to	6511
obtain an additional test by a person shall not preclude the	6512
admission of evidence relating to the test or tests taken at the	6513
direction of a law enforcement officer.	6514

(E)(1) In any criminal prosecution or juvenile court	6515
proceeding for a violation of division (A) or (B) of this section	6516
or for an equivalent violation, if a law enforcement officer has	6517
administered a field sobriety test to the operator or person found	6518
to be in physical control of the vessel underway involved in the	6519
violation or the person manipulating the water skis, aquaplane, or	6520
similar device involved in the violation and if it is shown by	6521
clear and convincing evidence that the officer administered the	6522
test in substantial compliance with the testing standards for	6523
reliable, credible, and generally accepted field sobriety tests	6524
for vehicles that were in effect at the time the tests were	6525
administered, including, but not limited to, any testing standards	6526
then in effect that have been set by the national highway traffic	6527
safety administration, that by their nature are not clearly	6528
inapplicable regarding the operation or physical control of	6529
vessels underway or the manipulation of water skis, aquaplanes, or	6530
similar devices, all of the following apply:	6531

(a) The officer may testify concerning the results of the	6532
field sobriety test so administered.	6533

(b) The prosecution may introduce the results of the field	6534
sobriety test so administered as evidence in any proceedings in	6535
the criminal prosecution or juvenile court proceeding.	6536

(c) If testimony is presented or evidence is introduced under	6537
division (E)(1)(a) or (b) of this section and if the testimony or	6538
evidence is admissible under the Rules of Evidence, the court	6539
shall admit the testimony or evidence, and the trier of fact shall	6540
give it whatever weight the trier of fact considers to be	6541
appropriate.	6542

(2) Division (E)(1) of this section does not limit or	6543
preclude a court, in its determination of whether the arrest of a	6544
person was supported by probable cause or its determination of any	6545
other matter in a criminal prosecution or juvenile court	6546
proceeding of a type described in that division, from considering	6547
evidence or testimony that is not otherwise disallowed by division	6548
(E)(1) of this section.	6549

(F)(1) Subject to division (F)(3) of this section, in any	6550
criminal prosecution or juvenile court proceeding for a violation	6551
of this section or for an equivalent violation, the court shall	6552
admit as prima-facie evidence a laboratory report from any	6553
forensic laboratory certified by the department of health that	6554
contains an analysis of the whole blood, blood serum or plasma,	6555
breath, urine, or other bodily substance tested and that contains	6556
all of the information specified in this division. The laboratory	6557
report shall contain all of the following:	6558

(a) The signature, under oath, of any person who performed	6559
the analysis;	6560

(b) Any findings as to the identity and quantity of alcohol,	6561
a drug of abuse, or a combination of them that was found;	6562

(c) A copy of a notarized statement by the laboratory	6563
director or a designee of the director that contains the name of	6564
each certified analyst or test performer involved with the report,	6565
the analyst's or test performer's employment relationship with the	6566
laboratory that issued the report, and a notation that performing	6567
an analysis of the type involved is part of the analyst's or test	6568
performer's regular duties;	6569

(d) An outline of the analyst's or test performer's	6570
education, training, and experience in performing the type of	6571
analysis involved and a certification that the laboratory	6572
satisfies appropriate quality control standards in general and, in	6573
this particular analysis, under rules of the department of health.	6574

(2) Notwithstanding any other provision of law regarding the	6575
admission of evidence, a report of the type described in division	6576
(F)(1) of this section is not admissible against the defendant or	6577
child to whom it pertains in any proceeding, other than a	6578
preliminary hearing or a grand jury proceeding, unless the	6579
prosecutor has served a copy of the report on the defendant's or	6580
child's attorney or, if the defendant or child has no attorney, on	6581
the defendant or child.	6582

(3) A report of the type described in division (F)(1) of this	6583
section shall not be prima-facie evidence of the contents,	6584
identity, or amount of any substance if, within seven days after	6585
the defendant or child to whom the report pertains or the	6586
defendant's or child's attorney receives a copy of the report, the	6587
defendant or child or the defendant's or child's attorney demands	6588
the testimony of the person who signed the report. The judge in	6589
the case may extend the seven-day time limit in the interest of	6590
justice.	6591

(G) Except as otherwise provided in this division, any	6592
physician, registered nurse, or qualified technician, chemist, or	6593
phlebotomist who withdraws blood from a person pursuant to this	6594
section, and a hospital, first-aid station, or clinic at which	6595
blood is withdrawn from a person pursuant to this section, is	6596
immune from criminal and civil liability based upon a claim of	6597
assault and battery or any other claim that is not a claim of	6598
malpractice, for any act performed in withdrawing blood from the	6599
person. The immunity provided in this division is not available to	6600
a person who withdraws blood if the person engages in willful or	6601
wanton misconduct.	6602

(H) As used in this section and section 1547.111 of the	6603
Revised Code:	6604

(1) "Equivalent violation" means a violation of a municipal	6605
ordinance, law of another state, or law of the United States that	6606
is substantially equivalent to division (A) or (B) of this	6607
section.	6608

(2) "National highway traffic safety administration" has the	6609
same meaning as in section 4511.19 of the Revised Code.	6610

(3) "Operate" means that a vessel is being used on the waters	6611
in this state when the vessel is not securely affixed to a dock or	6612
to shore or to any permanent structure to which the vessel has the	6613
right to affix or that a vessel is not anchored in a designated	6614
anchorage area or boat camping area that is established by the	6615
United States coast guard, this state, or a political subdivision	6616
and in which the vessel has the right to anchor.	6617

Sec. 4503.10.  (A) The owner of every snowmobile, off-highway	6618
motorcycle, and all-purpose vehicle required to be registered	6619
under section 4519.02 of the Revised Code shall file an	6620
application for registration under section 4519.03 of the Revised	6621
Code. The owner of a motor vehicle, other than a snowmobile,	6622
off-highway motorcycle, or all-purpose vehicle, that is not	6623
designed and constructed by the manufacturer for operation on a	6624
street or highway may not register it under this chapter except	6625
upon certification of inspection pursuant to section 4513.02 of	6626
the Revised Code by the sheriff, or the chief of police of the	6627
municipal corporation or township, with jurisdiction over the	6628
political subdivision in which the owner of the motor vehicle	6629
resides. Except as provided in section 4503.103 of the Revised	6630
Code, every owner of every other motor vehicle not previously	6631
described in this section and every person mentioned as owner in	6632
the last certificate of title of a motor vehicle that is operated	6633
or driven upon the public roads or highways shall cause to be	6634
filed each year, by mail or otherwise, in the office of the	6635
registrar of motor vehicles or a deputy registrar, a written or	6636
electronic application or a preprinted registration renewal notice	6637
issued under section 4503.102 of the Revised Code, the form of	6638
which shall be prescribed by the registrar, for registration for	6639
the following registration year, which shall begin on the first	6640
day of January of every calendar year and end on the thirty-first	6641
day of December in the same year. Applications for registration	6642
and registration renewal notices shall be filed at the times	6643
established by the registrar pursuant to section 4503.101 of the	6644
Revised Code. A motor vehicle owner also may elect to apply for or	6645
renew a motor vehicle registration by electronic means using	6646
electronic signature in accordance with rules adopted by the	6647
registrar. Except as provided in division (J) of this section,	6648
applications for registration shall be made on blanks furnished by	6649
the registrar for that purpose, containing the following	6650
information:	6651

(1) A brief description of the motor vehicle to be	6652
registered, including the name of the manufacturer, the factory	6653
number of the vehicle, the year's model, and, in the case of	6654
commercial cars, the gross weight of the vehicle fully equipped	6655
computed in the manner prescribed in section 4503.08 of the	6656
Revised Code;	6657

(2) The name and residence address of the owner, and the	6658
township and municipal corporation in which the owner resides;	6659

(3) The district of registration, which shall be determined	6660
as follows:	6661

(a) In case the motor vehicle to be registered is used for	6662
hire or principally in connection with any established business or	6663
branch business, conducted at a particular place, the district of	6664
registration is the municipal corporation in which that place is	6665
located or, if not located in any municipal corporation, the	6666
county and township in which that place is located.	6667

(b) In case the vehicle is not so used, the district of	6668
registration is the municipal corporation or county in which the	6669
owner resides at the time of making the application.	6670

(4) Whether the motor vehicle is a new or used motor vehicle;

6671

(5) The date of purchase of the motor vehicle;

6672

(6) Whether the fees required to be paid for the registration	6673
or transfer of the motor vehicle, during the preceding	6674
registration year and during the preceding period of the current	6675
registration year, have been paid. Each application for	6676
registration shall be signed by the owner, either manually or by	6677
electronic signature, or pursuant to obtaining a limited power of	6678
attorney authorized by the registrar for registration, or other	6679
document authorizing such signature. If the owner elects to apply	6680
for or renew the motor vehicle registration with the registrar by	6681
electronic means, the owner's manual signature is not required.	6682

(7) The owner's social security number, if assigned, or,	6683
where a motor vehicle to be registered is used for hire or	6684
principally in connection with any established business, the	6685
owner's federal taxpayer identification number. The bureau of	6686
motor vehicles shall retain in its records all social security	6687
numbers provided under this section, but the bureau shall not	6688
place social security numbers on motor vehicle certificates of	6689
registration.	6690

(B) Each time an applicant first registers a motor vehicle in	6691
the applicant's name, the applicant shall present for inspection a	6692
physical certificate of title or memorandum certificate showing	6693
title to the motor vehicle to be registered in the name of the	6694
applicant if a physical certificate of title or memorandum	6695
certificate has been issued by a clerk of a court of common pleas.	6696
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised	6697
Code, a clerk instead has issued an electronic certificate of	6698
title for the applicant's motor vehicle, that certificate may be	6699
presented for inspection at the time of first registration in a	6700
manner prescribed by rules adopted by the registrar. When a motor	6701
vehicle inspection and maintenance program is in effect under	6702
section 3704.14 of the Revised Code and rules adopted under it,	6703
each application for registration for a vehicle required to be	6704
inspected under that section and those rules shall be accompanied	6705
by an inspection certificate for the motor vehicle issued in	6706
accordance with that section. The application shall be refused if	6707
any of the following applies:	6708

(1) The application is not in proper form.

6709

(2) The application is prohibited from being accepted by	6710
division (D) of section 2935.27, division (A) of section 2937.221,	6711
division (A) of section 4503.13, division (B) of section 4510.22,	6712
or division (B)(1) of section 4521.10 of the Revised Code.	6713

(3) A certificate of title or memorandum certificate of title	6714
does not accompany the application or, in the case of an	6715
electronic certificate of title, is not presented in a manner	6716
prescribed by the registrar's rules.	6717

(4) All registration and transfer fees for the motor vehicle,	6718
for the preceding year or the preceding period of the current	6719
registration year, have not been paid.	6720

(5) The owner or lessee does not have an inspection	6721
certificate for the motor vehicle as provided in section 3704.14	6722
of the Revised Code, and rules adopted under it, if that section	6723
is applicable.	6724

This section does not require the payment of license or	6725
registration taxes on a motor vehicle for any preceding year, or	6726
for any preceding period of a year, if the motor vehicle was not	6727
taxable for that preceding year or period under sections 4503.02,	6728
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	6729
Revised Code. When a certificate of registration is issued upon	6730
the first registration of a motor vehicle by or on behalf of the	6731
owner, the official issuing the certificate shall indicate the	6732
issuance with a stamp on the certificate of title or memorandum	6733
certificate or, in the case of an electronic certificate of title,	6734
an electronic stamp or other notation as specified in rules	6735
adopted by the registrar, and with a stamp on the inspection	6736
certificate for the motor vehicle, if any. The official also shall	6737
indicate, by a stamp or by other means the registrar prescribes,	6738
on the registration certificate issued upon the first registration	6739
of a motor vehicle by or on behalf of the owner the odometer	6740
reading of the motor vehicle as shown in the odometer statement	6741
included in or attached to the certificate of title. Upon each	6742
subsequent registration of the motor vehicle by or on behalf of	6743
the same owner, the official also shall so indicate the odometer	6744
reading of the motor vehicle as shown on the immediately preceding	6745
certificate of registration.	6746

The registrar shall include in the permanent registration	6747
record of any vehicle required to be inspected under section	6748
3704.14 of the Revised Code the inspection certificate number from	6749
the inspection certificate that is presented at the time of	6750
registration of the vehicle as required under this division.	6751

(C)(1) Commencing with each registration renewal with an	6752
expiration date on or after October 1, 2003, and for each initial	6753
application for registration received on and after that date, the	6754
registrar and each deputy registrar shall collect an additional	6755
fee of eleven dollars for each application for registration and	6756
registration renewal received. The additional fee is for the	6757
purpose of defraying the department of public safety's costs	6758
associated with the administration and enforcement of the motor	6759
vehicle and traffic laws of Ohio. Each deputy registrar shall	6760
transmit the fees collected under division (C)(1) of this section	6761
in the time and manner provided in this section. The registrar	6762
shall deposit all moneys received under division (C)(1) of this	6763
section into the state highway safety fund established in section	6764
4501.06 of the Revised Code.	6765

(2) In addition, a charge of twenty-five cents shall be made	6766
for each reflectorized safety license plate issued, and a single	6767
charge of twenty-five cents shall be made for each county	6768
identification sticker or each set of county identification	6769
stickers issued, as the case may be, to cover the cost of	6770
producing the license plates and stickers, including material,	6771
manufacturing, and administrative costs. Those fees shall be in	6772
addition to the license tax. If the total cost of producing the	6773
plates is less than twenty-five cents per plate, or if the total	6774
cost of producing the stickers is less than twenty-five cents per	6775
sticker or per set issued, any excess moneys accruing from the	6776
fees shall be distributed in the same manner as provided by	6777
section 4501.04 of the Revised Code for the distribution of	6778
license tax moneys. If the total cost of producing the plates	6779
exceeds twenty-five cents per plate, or if the total cost of	6780
producing the stickers exceeds twenty-five cents per sticker or	6781
per set issued, the difference shall be paid from the license tax	6782
moneys collected pursuant to section 4503.02 of the Revised Code.	6783

(D) Each deputy registrar shall be allowed a fee of two	6784
dollars and seventy-five cents commencing on July 1, 2001, three	6785
dollars and twenty-five cents commencing on January 1, 2003, and	6786
three dollars and fifty cents commencing on January 1, 2004, for	6787
each application for registration and registration renewal notice	6788
the deputy registrar receives, which shall be for the purpose of	6789
compensating the deputy registrar for the deputy registrar's	6790
services, and such office and rental expenses, as may be necessary	6791
for the proper discharge of the deputy registrar's duties in the	6792
receiving of applications and renewal notices and the issuing of	6793
registrations.	6794

(E) Upon the certification of the registrar, the county	6795
sheriff or local police officials shall recover license plates	6796
erroneously or fraudulently issued.	6797

(F) Each deputy registrar, upon receipt of any application	6798
for registration or registration renewal notice, together with the	6799
license fee and any local motor vehicle license tax levied	6800
pursuant to Chapter 4504. of the Revised Code, shall transmit that	6801
fee and tax, if any, in the manner provided in this section,	6802
together with the original and duplicate copy of the application,	6803
to the registrar. The registrar, subject to the approval of the	6804
director of public safety, may deposit the funds collected by	6805
those deputies in a local bank or depository to the credit of the	6806
"state of Ohio, bureau of motor vehicles." Where a local bank or	6807
depository has been designated by the registrar, each deputy	6808
registrar shall deposit all moneys collected by the deputy	6809
registrar into that bank or depository not more than one business	6810
day after their collection and shall make reports to the registrar	6811
of the amounts so deposited, together with any other information,	6812
some of which may be prescribed by the treasurer of state, as the	6813
registrar may require and as prescribed by the registrar by rule.	6814
The registrar, within three days after receipt of notification of	6815
the deposit of funds by a deputy registrar in a local bank or	6816
depository, shall draw on that account in favor of the treasurer	6817
of state. The registrar, subject to the approval of the director	6818
and the treasurer of state, may make reasonable rules necessary	6819
for the prompt transmittal of fees and for safeguarding the	6820
interests of the state and of counties, townships, municipal	6821
corporations, and transportation improvement districts levying	6822
local motor vehicle license taxes. The registrar may pay service	6823
charges usually collected by banks and depositories for such	6824
service. If deputy registrars are located in communities where	6825
banking facilities are not available, they shall transmit the fees	6826
forthwith, by money order or otherwise, as the registrar, by rule	6827
approved by the director and the treasurer of state, may	6828
prescribe. The registrar may pay the usual and customary fees for	6829
such service.	6830

(G) This section does not prevent any person from making an	6831
application for a motor vehicle license directly to the registrar	6832
by mail, by electronic means, or in person at any of the	6833
registrar's offices, upon payment of a service fee of two dollars	6834
and seventy-five cents commencing on July 1, 2001, three dollars	6835
and twenty-five cents commencing on January 1, 2003, and three	6836
dollars and fifty cents commencing on January 1, 2004, for each	6837
application.	6838

(H) No person shall make a false statement as to the district	6839
of registration in an application required by division (A) of this	6840
section. Violation of this division is falsification under section	6841
2921.13 of the Revised Code and punishable as specified in that	6842
section.	6843

(I)(1) Where applicable, the requirements of division (B) of	6844
this section relating to the presentation of an inspection	6845
certificate issued under section 3704.14 of the Revised Code and	6846
rules adopted under it for a motor vehicle, the refusal of a	6847
license for failure to present an inspection certificate, and the	6848
stamping of the inspection certificate by the official issuing the	6849
certificate of registration apply to the registration of and	6850
issuance of license plates for a motor vehicle under sections	6851
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	6852
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	6853
4503.47, and 4503.51 of the Revised Code.	6854

(2)(a) The registrar shall adopt rules ensuring that each	6855
owner registering a motor vehicle in a county where a motor	6856
vehicle inspection and maintenance program is in effect under	6857
section 3704.14 of the Revised Code and rules adopted under it	6858
receives information about the requirements established in that	6859
section and those rules and about the need in those counties to	6860
present an inspection certificate with an application for	6861
registration or preregistration.	6862

(b) Upon request, the registrar shall provide the director of	6863
environmental protection, or any person that has been awarded a	6864
contract under division (D) of section 3704.14 of the Revised	6865
Code, an on-line computer data link to registration information	6866
for all passenger cars, noncommercial motor vehicles, and	6867
commercial cars that are subject to that section. The registrar	6868
also shall provide to the director of environmental protection a	6869
magnetic data tape containing registration information regarding	6870
passenger cars, noncommercial motor vehicles, and commercial cars	6871
for which a multi-year registration is in effect under section	6872
4503.103 of the Revised Code or rules adopted under it, including,	6873
without limitation, the date of issuance of the multi-year	6874
registration, the registration deadline established under rules	6875
adopted under section 4503.101 of the Revised Code that was	6876
applicable in the year in which the multi-year registration was	6877
issued, and the registration deadline for renewal of the	6878
multi-year registration.	6879

(J) Application for registration under the international	6880
registration plan, as set forth in sections 4503.60 to 4503.66 of	6881
the Revised Code, shall be made to the registrar on forms	6882
furnished by the registrar. In accordance with international	6883
registration plan guidelines and pursuant to rules adopted by the	6884
registrar, the forms shall include the following:	6885

(1) A uniform mileage schedule;

6886

(2) The gross vehicle weight of the vehicle or combined gross	6887
vehicle weight of the combination vehicle as declared by the	6888
registrant;	6889

(3) Any other information the registrar requires by rule.

6890

Sec. 4503.11.  (A) Except as provided by sections 4503.103,	6891
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no	6892
person who is the owner or chauffeur of a motor vehicle operated	6893
or driven upon the public roads or highways shall fail to file	6894
annually the application for registration or to pay the tax	6895
therefor.	6896

(B) Except as provided by sections 4503.12 and 4503.16 of the	6897
Revised Code, the taxes payable on all applications made under	6898
sections 4503.10 and 4503.102 of the Revised Code shall be the sum	6899
of the tax due under division (B)(1)(a) or (b) of this section	6900
plus the tax due under division (B)(2)(a) or (b) of this section:	6901

(1)(a) If the application is made before the second month of	6902
the current registration period to which the motor vehicle is	6903
assigned as provided in section 4503.101 of the Revised Code, the	6904
tax due is the full amount of the tax provided in section 4503.04	6905
of the Revised Code;	6906

(b) If the application is made during or after the second	6907
month of the current registration period to which the motor	6908
vehicle is assigned as provided in section 4503.101 of the Revised	6909
Code, and prior to the beginning of the next such registration	6910
period, the amount of the tax provided in section 4503.04 of the	6911
Revised Code shall be reduced by one-twelfth of the amount of such	6912
tax, rounded upward to the nearest cent, multiplied by the number	6913
of full months that have elapsed in the current registration	6914
period. The resulting amount shall be rounded upward to the next	6915
highest dollar and shall be the amount of tax due.	6916

(2)(a) If the application is made before the sixth month of	6917
the current registration period to which the motor vehicle is	6918
assigned as provided in section 4503.101 of the Revised Code, the	6919
amount of tax due is the full amount of local motor vehicle	6920
license taxes levied under Chapter 4504. of the Revised Code;	6921

(b) If the application is made during or after the sixth	6922
month of the current registration period to which the motor	6923
vehicle is assigned as provided in section 4503.101 of the Revised	6924
Code and prior to the beginning of the next such registration	6925
period, the amount of tax due is one-half of the amount of local	6926
motor vehicle license taxes levied under Chapter 4504. of the	6927
Revised Code.	6928

(C) The taxes payable on all applications made under division	6929
(A)(1)(b) of section 4503.103 of the Revised Code shall be the sum	6930
of the tax due under division (B)(1)(a) or (b) of this section	6931
plus the tax due under division (B)(2)(a) or (b) of this section	6932
for the first year plus the full amount of the tax provided in	6933
section 4503.04 of the Revised Code and the full amount of local	6934
motor vehicle license taxes levied under Chapter 4504. of the	6935
Revised Code for the second year.	6936

(D) Whoever violates this section is guilty of a misdemeanor	6937
of the fourth degree.	6938

Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon	6939
application and proof of purchase of the vehicle, may be issued a	6940
temporary license placard or windshield sticker for the motor	6941
vehicle.	6942

The purchaser of a vehicle applying for a temporary license	6943
placard or windshield sticker under this section shall execute an	6944
affidavit stating that the purchaser has not been issued	6945
previously during the current registration year a license plate	6946
that could legally be transferred to the vehicle.	6947

Placards or windshield stickers shall be issued only for the	6948
applicant's use of the vehicle to enable the applicant to legally	6949
operate the motor vehicle while proper title, license plates, and	6950
a certificate of registration are being obtained, and shall be	6951
displayed on no other motor vehicle.	6952

Placards or windshield stickers issued under this section are	6953
valid for a period of thirty days from date of issuance and are	6954
not transferable or renewable.	6955

The fee for the placards or windshield stickers is two	6956
dollars plus a deputy registrar service fee of two dollars and	6957
seventy-five cents commencing on July 1, 2001, three dollars and	6958
twenty-five cents commencing on January 1, 2003, and three dollars	6959
and fifty cents commencing on January 1, 2004, for each placard	6960
issued by a deputy registrar.	6961

(B) The registrar of motor vehicles may issue to a motorized	6962
bicycle dealer or a licensed motor vehicle dealer temporary	6963
license placards to be issued to purchasers for use on vehicles	6964
sold by the dealer, in accordance with rules prescribed by the	6965
registrar. The dealer shall notify the registrar, within	6966
forty-eight hours, of the issuance of a placard by electronic	6967
means via computer equipment purchased and maintained by the	6968
dealer or in any other manner prescribed by the registrar.	6969

The fee for each placard issued by the registrar to a	6970
licensed motor vehicle dealer is two dollars plus a fee of two	6971
dollars and seventy-five cents commencing on July 1, 2001, three	6972
dollars and twenty-five cents commencing on January 1, 2003, and	6973
three dollars and fifty cents commencing on January 1, 2004.	6974

(C) The registrar of motor vehicles, at the registrar's	6975
discretion, may issue a temporary license placard. Such a placard	6976
may be issued in the case of extreme hardship encountered by a	6977
citizen from this state or another state who has attempted to	6978
comply with all registration laws, but for extreme circumstances	6979
is unable to properly register the citizen's vehicle.	6980

(D) In addition to the fees charged under divisions (A) and	6981
(B) of this section, commencing on October 1, 2003, the registrar	6982
and each deputy registrar shall collect a fee of five dollars for	6983
each temporary license placard issued. The additional fee is for	6984
the purpose of defraying the department of public safety's costs	6985
associated with the administration and enforcement of the motor	6986
vehicle and traffic laws of Ohio. Each deputy registrar shall	6987
transmit the fees collected under this division in the same manner	6988
as provided for transmission of fees collected under division (A)	6989
of this section. The registrar shall deposit all moneys received	6990
under this division into the state highway safety fund established	6991
in section 4501.06 of the Revised Code.	6992

(E) The registrar shall adopt rules, in accordance with	6993
division (B) of section 111.15 of the Revised Code, to specify the	6994
procedures for reporting the information from applications for	6995
temporary license placards and windshield stickers and for	6996
providing the information from these applications to law	6997
enforcement agencies.	6998

(E)(F) Temporary license placards issued under this section	6999
shall bear a distinctive combination of seven letters, numerals,	7000
or letters and numerals, and shall incorporate a security feature	7001
that, to the greatest degree possible, prevents tampering with any	7002
of the information that is entered upon a placard when it is	7003
issued.	7004

(F)(G) Whoever violates division (A) of this section is	7005
guilty of a misdemeanor of the fourth degree. Whoever violates	7006
division (B) of this section is guilty of a misdemeanor of the	7007
first degree.	7008

(G)(H) As used in this section, "motorized bicycle dealer"	7009
means any person engaged in the business of selling at retail,	7010
displaying, offering for sale, or dealing in motorized bicycles	7011
who is not subject to section 4503.09 of the Revised Code.	7012

Sec. 4511.19.  (A) No person shall operate any vehicle,	7013
streetcar, or trackless trolley within this state, if, at the time	7014
of the operation, any of the following apply:	7015

(1) The person is under the influence of alcohol, a drug of	7016
abuse, or a combination of them;.	7017

(2) The person has a concentration of ten-hundredths	7018
eight-hundredths of one per cent or more but less than	7019
seventeen-hundredths of one per cent by weight per unit volume of	7020
alcohol in the person's whole blood;.	7021

(3) The person has a concentration of twelve-hundredths	7022
ninety-six-thousandths of one per cent or more but less than two	7023
hundred four-thousandths of one per cent by weight per unit volume	7024
of alcohol in the person's blood serum or plasma;.	7025

(4) The person has a concentration of ten-hundredths	7026
eight-hundredths of one gram or more but less than	7027
seventeen-hundredths of one gram by weight of alcohol per two	7028
hundred ten liters of the person's breath;.	7029

(5) The person has a concentration of fourteen-hundredths	7030
eleven-hundredths of one gram or more but less than two hundred	7031
thirty-eight-thousandths of one gram by weight of alcohol per one	7032
hundred milliliters of the person's urine;.	7033

(6) The person has a concentration of seventeen-hundredths of	7034
one per cent or more by weight per unit volume of alcohol in the	7035
person's whole blood;.	7036

(7) The person has a concentration of two hundred	7037
four-thousandths of one per cent or more by weight per unit volume	7038
of alcohol in the person's blood serum or plasma;.	7039

(8) The person has a concentration of seventeen-hundredths of	7040
one gram or more by weight of alcohol per two hundred ten liters	7041
of the person's breath;.	7042

(9) The person has a concentration of two hundred	7043
thirty-eight-thousandths of one gram or more by weight of alcohol	7044
per one hundred milliliters of the person's urine.	7045

(B) No person under twenty-one years of age shall operate any	7046
vehicle, streetcar, or trackless trolley within this state, if, at	7047
the time of the operation, any of the following apply:	7048

(1) The person has a concentration of at least two-hundredths	7049
of one per cent but less than ten-hundredthseight-hundredths of	7050
one per cent by weight per unit volume of alcohol in the person's	7051
whole blood;.	7052

(2) The person has a concentration of at least	7053
three-hundredths of one per cent but less than twelve-hundredths	7054
ninety-six-thousandths of one per cent by weight per unit volume	7055
of alcohol in the person's blood serum or plasma;.	7056

(3) The person has a concentration of at least two-hundredths	7057
of one gram but less than ten-hundredthseight-hundredths of one	7058
gram by weight of alcohol per two hundred ten liters of the	7059
person's breath;.	7060

(4) The person has a concentration of at least twenty-eight	7061
one-thousandths of one gram but less than fourteen-hundredths	7062
eleven-hundredths of one gram by weight of alcohol per one hundred	7063
milliliters of the person's urine.	7064

(C) In any proceeding arising out of one incident, a person	7065
may be charged with a violation of division (A)(1) and a violation	7066
of division (B)(1), (2), or (3) of this section, but the person	7067
may not be convicted of more than one violation of these	7068
divisions.	7069

(D)(1) In any criminal prosecution or juvenile court	7070
proceeding for a violation of division (A) or (B) of this section	7071
or for an equivalent offense, the court may admit evidence on the	7072
concentration of alcohol, drugs of abuse, or a combination of them	7073
in the defendant's whole blood, blood serum or plasma, breath,	7074
urine, or other bodily substance at the time of the alleged	7075
violation as shown by chemical analysis of the substance withdrawn	7076
within two hours of the time of the alleged violation.	7077

When a person submits to a blood test at the request of a law	7078
enforcement officer under section 4511.191 of the Revised Code,	7079
only a physician, a registered nurse, or a qualified technician,	7080
chemist, or phlebotomist shall withdraw blood for the purpose of	7081
determining the alcohol, drug, or alcohol and drug content of the	7082
whole blood, blood serum, or blood plasma. This limitation does	7083
not apply to the taking of breath or urine specimens. A person	7084
authorized to withdraw blood under this division may refuse to	7085
withdraw blood under this division, if in that person's opinion,	7086
the physical welfare of the person would be endangered by the	7087
withdrawing of blood.	7088

The bodily substance withdrawn shall be analyzed in	7089
accordance with methods approved by the director of health by an	7090
individual possessing a valid permit issued by the director	7091
pursuant to section 3701.143 of the Revised Code.	7092

(2) In a criminal prosecution or juvenile court proceeding	7093
for a violation of division (A) of this section or for an	7094
equivalent offense, if there was at the time the bodily substance	7095
was withdrawn a concentration of less than the applicable	7096
concentration of alcohol specified in divisions (A)(2), (3), (4),	7097
and (5) of this section, that fact may be considered with other	7098
competent evidence in determining the guilt or innocence of the	7099
defendant. This division does not limit or affect a criminal	7100
prosecution or juvenile court proceeding for a violation of	7101
division (B) of this section or for an equivalent offense that is	7102
substantially equivalent to that division.	7103

(3) Upon the request of the person who was tested, the	7104
results of the chemical test shall be made available to the person	7105
or the person's attorney, immediately upon the completion of the	7106
chemical test analysis.	7107

The person tested may have a physician, a registered nurse,	7108
or a qualified technician, chemist, or phlebotomist of the	7109
person's own choosing administer a chemical test or tests, at the	7110
person's expense, in addition to any administered at the request	7111
of a law enforcement officer. The form to be read to the person to	7112
be tested, as required under section 4511.192 of the Revised Code,	7113
shall state that the person may have an independent test performed	7114
at the person's expense. The failure or inability to obtain an	7115
additional chemical test by a person shall not preclude the	7116
admission of evidence relating to the chemical test or tests taken	7117
at the request of a law enforcement officer.	7118

(4)(a) As used in divisions (D)(4)(b) and (c) of this	7119
section, "national highway traffic safety administration" means	7120
the national highway traffic safety administration established as	7121
an administration of the United States department of	7122
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	7123

(b) In any criminal prosecution or juvenile court proceeding	7124
for a violation of division (A) or (B) of this section, of a	7125
municipal ordinance relating to operating a vehicle while under	7126
the influence of alcohol, a drug of abuse, or alcohol and a drug	7127
of abuse, or of a municipal ordinance relating to operating a	7128
vehicle with a prohibited concentration of alcohol in the blood,	7129
breath, or urine, if a law enforcement officer has administered a	7130
field sobriety test to the operator of the vehicle involved in the	7131
violation and if it is shown by clear and convincing evidence that	7132
the officer administered the test in substantial compliance with	7133
the testing standards for any reliable, credible, and generally	7134
accepted field sobriety tests that were in effect at the time the	7135
tests were administered, including, but not limited to, any	7136
testing standards then in effect that were set by the national	7137
highway traffic safety administration, all of the following apply:	7138

(i) The officer may testify concerning the results of the	7139
field sobriety test so administered.	7140

(ii) The prosecution may introduce the results of the field	7141
sobriety test so administered as evidence in any proceedings in	7142
the criminal prosecution or juvenile court proceeding.	7143

(iii) If testimony is presented or evidence is introduced	7144
under division (D)(4)(b)(i) or (ii) of this section and if the	7145
testimony or evidence is admissible under the Rules of Evidence,	7146
the court shall admit the testimony or evidence and the trier of	7147
fact shall give it whatever weight the trier of fact considers to	7148
be appropriate.	7149

(c) Division (D)(4)(b) of this section does not limit or	7150
preclude a court, in its determination of whether the arrest of a	7151
person was supported by probable cause or its determination of any	7152
other matter in a criminal prosecution or juvenile court	7153
proceeding of a type described in that division, from considering	7154
evidence or testimony that is not otherwise disallowed by division	7155
(D)(4)(b) of this section.	7156

(E)(1) Subject to division (E)(3) of this section, in any	7157
criminal prosecution or juvenile court proceeding for a violation	7158
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or	7159
(B)(1), (2), (3), or (4) of this section or for an equivalent	7160
offense that is substantially equivalent to any of those	7161
divisions, a laboratory report from any forensic laboratory	7162
certified by the department of health that contains an analysis of	7163
the whole blood, blood serum or plasma, breath, urine, or other	7164
bodily substance tested and that contains all of the information	7165
specified in this division shall be admitted as prima-facie	7166
evidence of the information and statements that the report	7167
contains. The laboratory report shall contain all of the	7168
following:	7169

(a) The signature, under oath, of any person who performed	7170
the analysis;	7171

(b) Any findings as to the identity and quantity of alcohol,	7172
a drug of abuse, or a combination of them that was found;	7173

(c) A copy of a notarized statement by the laboratory	7174
director or a designee of the director that contains the name of	7175
each certified analyst or test performer involved with the report,	7176
the analyst's or test performer's employment relationship with the	7177
laboratory that issued the report, and a notation that performing	7178
an analysis of the type involved is part of the analyst's or test	7179
performer's regular duties;	7180

(d) An outline of the analyst's or test performer's	7181
education, training, and experience in performing the type of	7182
analysis involved and a certification that the laboratory	7183
satisfies appropriate quality control standards in general and, in	7184
this particular analysis, under rules of the department of health.	7185

(2) Notwithstanding any other provision of law regarding the	7186
admission of evidence, a report of the type described in division	7187
(E)(1) of this section is not admissible against the defendant to	7188
whom it pertains in any proceeding, other than a preliminary	7189
hearing or a grand jury proceeding, unless the prosecutor has	7190
served a copy of the report on the defendant's attorney or, if the	7191
defendant has no attorney, on the defendant.	7192

(3) A report of the type described in division (E)(1) of this	7193
section shall not be prima-facie evidence of the contents,	7194
identity, or amount of any substance if, within seven days after	7195
the defendant to whom the report pertains or the defendant's	7196
attorney receives a copy of the report, the defendant or the	7197
defendant's attorney demands the testimony of the person who	7198
signed the report. The judge in the case may extend the seven-day	7199
time limit in the interest of justice.	7200

(F) Except as otherwise provided in this division, any	7201
physician, registered nurse, or qualified technician, chemist, or	7202
phlebotomist who withdraws blood from a person pursuant to this	7203
section, and any hospital, first-aid station, or clinic at which	7204
blood is withdrawn from a person pursuant to this section, is	7205
immune from criminal liability and civil liability based upon a	7206
claim of assault and battery or any other claim that is not a	7207
claim of malpractice, for any act performed in withdrawing blood	7208
from the person. The immunity provided in this division is not	7209
available to a person who withdraws blood if the person engages in	7210
willful or wanton misconduct.	7211

(G)(1) Whoever violates any provision of divisions (A)(1) to	7212
(9) of this section is guilty of operating a vehicle under the	7213
influence of alcohol, a drug of abuse, or a combination of them.	7214
The court shall sentence the offender under Chapter 2929. of the	7215
Revised Code, except as otherwise authorized or required by	7216
divisions (G)(1)(a) to (e) of this section:	7217

(a) Except as otherwise provided in division (G)(1)(b), (c),	7218
(d), or (e) of this section, the offender is guilty of a	7219
misdemeanor of the first degree, and the court shall sentence the	7220
offender to all of the following:	7221

(i) If the sentence is being imposed for a violation of	7222
division (A)(1), (2), (3), (4), or (5) of this section, a	7223
mandatory jail term of three consecutive days. As used in this	7224
division, three consecutive days means seventy-two consecutive	7225
hours. The court may sentence an offender to both an intervention	7226
program and a jail term. The court may impose a jail term in	7227
addition to the three-day mandatory jail term or intervention	7228
program. However, in no case shall the cumulative jail term	7229
imposed for the offense exceed six months.	7230

The court may suspend the execution of the three-day jail	7231
term under this division if the court, in lieu of that suspended	7232
term, places the offender on probation and requires the offender	7233
to attend, for three consecutive days, a drivers' intervention	7234
program certified under section 3793.10 of the Revised Code. The	7235
court also may suspend the execution of any part of the three-day	7236
jail term under this division if it places the offender on	7237
probation for part of the three days, requires the offender to	7238
attend for the suspended part of the term a drivers' intervention	7239
program so certified, and sentences the offender to a jail term	7240
equal to the remainder of the three consecutive days that the	7241
offender does not spend attending the program. The court may	7242
require the offender, as a condition of probation and in addition	7243
to the required attendance at a drivers' intervention program, to	7244
attend and satisfactorily complete any treatment or education	7245
programs that comply with the minimum standards adopted pursuant	7246
to Chapter 3793. of the Revised Code by the director of alcohol	7247
and drug addiction services that the operators of the drivers'	7248
intervention program determine that the offender should attend and	7249
to report periodically to the court on the offender's progress in	7250
the programs. The court also may impose on the offender any other	7251
conditions of probation that it considers necessary.	7252

(ii) If the sentence is being imposed for a violation of	7253
division (A)(6), (7), (8), or (9) of this section, except as	7254
otherwise provided in this division, a mandatory jail term of at	7255
least three consecutive days and a requirement that the offender	7256
attend, for three consecutive days, a drivers' intervention	7257
program that is certified pursuant to section 3793.10 of the	7258
Revised Code. As used in this division, three consecutive days	7259
means seventy-two consecutive hours. If the court determines that	7260
the offender is not conducive to treatment in a drivers'	7261
intervention program, if the offender refuses to attend a drivers'	7262
intervention program, or if the jail at which the offender is to	7263
serve the jail term imposed can provide a driver's intervention	7264
program, the court shall sentence the offender to a mandatory jail	7265
term of at least six consecutive days.	7266

The court may require the offender, as a condition of	7267
probation, to attend and satisfactorily complete any treatment or	7268
education programs that comply with the minimum standards adopted	7269
pursuant to Chapter 3793. of the Revised Code by the director of	7270
alcohol and drug addiction services, in addition to the required	7271
attendance at drivers' intervention program, that the operators of	7272
the drivers' intervention program determine that the offender	7273
should attend and to report periodically to the court on the	7274
offender's progress in the programs. The court also may impose any	7275
other conditions of probation on the offender that it considers	7276
necessary.	7277

(iii) In all cases, a fine of not less than two hundred fifty	7278
and not more than one thousand dollars;	7279

(iv) In all cases, a class five license suspension of the	7280
offender's driver's or commercial driver's license or permit or	7281
nonresident operating privilege from the range specified in	7282
division (A)(5) of section 4510.02 of the Revised Code. The court	7283
may grant limited driving privileges relative to the suspension	7284
under sections 4510.021 and 4510.13 of the Revised Code.	7285

(b) Except as otherwise provided in division (G)(1)(e) of	7286
this section, an offender who, within six years of the offense,	7287
previously has been convicted of or pleaded guilty to one	7288
violation of division (A) or (B) of this section or one other	7289
equivalent offense is guilty of a misdemeanor of the first degree.	7290
The court shall sentence the offender to all of the following:	7291

(i) If the sentence is being imposed for a violation of	7292
division (A)(1), (2), (3), (4), or (5) of this section, a	7293
mandatory jail term of ten consecutive days. The court shall	7294
impose the ten-day mandatory jail term under this division unless,	7295
subject to division (G)(3) of this section, it instead imposes a	7296
sentence under that division consisting of both a jail term and a	7297
term of electronically monitored house arrest. The court may	7298
impose a jail term in addition to the ten-day mandatory jail term.	7299
The cumulative jail term imposed for the offense shall not exceed	7300
six months.	7301

In addition to the jail term or the term of electronically	7302
monitored house arrest and jail term, the court may require the	7303
offender to attend a drivers' intervention program that is	7304
certified pursuant to section 3793.10 of the Revised Code. If the	7305
operator of the program determines that the offender is alcohol	7306
dependent, the program shall notify the court, and, subject to	7307
division (I) of this section, the court shall order the offender	7308
to obtain treatment through an alcohol and drug addiction program	7309
authorized by section 3793.02 of the Revised Code.	7310

(ii) If the sentence is being imposed for a violation of	7311
division (A)(6), (7), (8), or (9) of this section, except as	7312
otherwise provided in this division, a mandatory jail term of	7313
twenty consecutive days. The court shall impose the twenty-day	7314
mandatory jail term under this division unless, subject to	7315
division (G)(3) of this section, it instead imposes a sentence	7316
under that division consisting of both a jail term and a term of	7317
electronically monitored house arrest. The court may impose a jail	7318
term in addition to the twenty-day mandatory jail term. The	7319
cumulative jail term imposed for the offense shall not exceed six	7320
months.	7321

In addition to the jail term or the term of electronically	7322
monitored house arrest and jail term, the court may require the	7323
offender to attend a driver's intervention program that is	7324
certified pursuant to section 3793.10 of the Revised Code. If the	7325
operator of the program determines that the offender is alcohol	7326
dependent, the program shall notify the court, and, subject to	7327
division (I) of this section, the court shall order the offender	7328
to obtain treatment through an alcohol and drug addiction program	7329
authorized by section 3793.02 of the Revised Code.	7330

(iii) In all cases, notwithstanding the fines set forth in	7331
Chapter 2929. of the Revised Code, a fine of not less than three	7332
hundred fifty and not more than one thousand five hundred dollars;	7333

(iv) In all cases, a class four license suspension of the	7334
offender's driver's license, commercial driver's license,	7335
temporary instruction permit, probationary license, or nonresident	7336
operating privilege from the range specified in division (A)(4) of	7337
section 4510.02 of the Revised Code. The court may grant limited	7338
driving privileges relative to the suspension under sections	7339
4510.021 and 4510.13 of the Revised Code.	7340

(v) In all cases, if the vehicle is registered in the	7341
offender's name, immobilization of the vehicle involved in the	7342
offense for ninety days in accordance with section 4503.233 of the	7343
Revised Code and impoundment of the license plates of that vehicle	7344
for ninety days.	7345

(c) Except as otherwise provided in division (G)(1)(e) of	7346
this section, an offender who, within six years of the offense,	7347
previously has been convicted of or pleaded guilty to two	7348
violations of division (A) or (B) of this section or other	7349
equivalent offenses is guilty of a misdemeanor. The court shall	7350
sentence the offender to all of the following:	7351

(i) If the sentence is being imposed for a violation of	7352
division (A)(1), (2), (3), (4), or (5) of this section, a	7353
mandatory jail term of thirty consecutive days. The court shall	7354
impose the thirty-day mandatory jail term under this division	7355
unless, subject to division (G)(3) of this section, it instead	7356
imposes a sentence under that division consisting of both a jail	7357
term and a term of electronically monitored house arrest. The	7358
court may impose a jail term in addition to the thirty-day	7359
mandatory jail term. Notwithstanding the terms of imprisonment set	7360
forth in Chapter 2929. of the Revised Code, the additional jail	7361
term shall not exceed one year, and the cumulative jail term	7362
imposed for the offense shall not exceed one year.	7363

(ii) If the sentence is being imposed for a violation of	7364
division (A)(6), (7), (8), or (9) of this section, a mandatory	7365
jail term of sixty consecutive days. The court shall impose the	7366
sixty-day mandatory jail term under this division unless, subject	7367
to division (G)(3) of this section, it instead imposes a sentence	7368
under that division consisting of both a jail term and a term of	7369
electronically monitored house arrest. The court may impose a jail	7370
term in addition to the sixty-day mandatory jail term.	7371
Notwithstanding the terms of imprisonment set forth in Chapter	7372
2929. of the Revised Code, the additional jail term shall not	7373
exceed one year, and the cumulative jail term imposed for the	7374
offense shall not exceed one year.	7375

(iii) In all cases, notwithstanding the fines set forth in	7376
Chapter 2929. of the Revised Code, a fine of not less than five	7377
hundred fifty and not more than two thousand five hundred dollars;	7378

(iv) In all cases, a class three license suspension of the	7379
offender's driver's license, commercial driver's license,	7380
temporary instruction permit, probationary license, or nonresident	7381
operating privilege from the range specified in division (A)(3) of	7382
section 4510.02 of the Revised Code. The court may grant limited	7383
driving privileges relative to the suspension under sections	7384
4510.021 and 4510.13 of the Revised Code.	7385

(v) In all cases, if the vehicle is registered in the	7386
offender's name, criminal forfeiture of the vehicle involved in	7387
the offense in accordance with section 4503.234 of the Revised	7388
Code. Division (G)(6) of this section applies regarding any	7389
vehicle that is subject to an order of criminal forfeiture under	7390
this division.	7391

(vi) In all cases, participation in an alcohol and drug	7392
addiction program authorized by section 3793.02 of the Revised	7393
Code, subject to division (I) of this section.	7394

(d) Except as otherwise provided in division (G)(1)(e) of	7395
this section, an offender who, within six years of the offense,	7396
previously has been convicted of or pleaded guilty to three or	7397
more violations of division (A) or (B) of this section or other	7398
equivalent offenses is guilty of a felony of the fourth degree.	7399
The court shall sentence the offender to all of the following:	7400

(i) If the sentence is being imposed for a violation of	7401
division (A)(1), (2), (3), (4), or (5) of this section, in the	7402
discretion of the court, either a mandatory term of local	7403
incarceration of sixty consecutive days in accordance with	7404
division (G)(1) of section 2929.13 of the Revised Code or a	7405
mandatory prison term of sixty consecutive days of imprisonment in	7406
accordance with division (G)(2) of that section. If the court	7407
imposes a mandatory term of local incarceration, it may impose a	7408
jail term in addition to the sixty-day mandatory term, the	7409
cumulative total of the mandatory term and the jail term for the	7410
offense shall not exceed one year, and no prison term is	7411
authorized for the offense. If the court imposes a mandatory	7412
prison term, notwithstanding division (A)(4) of section 2929.14 of	7413
the Revised Code, it also may sentence the offender to a definite	7414
prison term that shall be not less than six months and not more	7415
than thirty months, the prison terms shall be imposed as described	7416
in division (G)(2) of section 2929.13 of the Revised Code, and no	7417
term of local incarceration, community residential sanction, or	7418
nonresidential sanction is authorized for the offense.	7419

(ii) If the sentence is being imposed for a violation of	7420
division (A)(6), (7), (8), or (9) of this section, in the	7421
discretion of the court, either a mandatory term of local	7422
incarceration of one hundred twenty consecutive days in accordance	7423
with division (G)(1) of section 2929.13 of the Revised Code or a	7424
mandatory prison term of one hundred twenty consecutive days in	7425
accordance with division (G)(2) of that section. If the court	7426
imposes a mandatory term of local incarceration, it may impose a	7427
jail term in addition to the one hundred twenty-day mandatory	7428
term, the cumulative total of the mandatory term and the jail term	7429
for the offense shall not exceed one year, and no prison term is	7430
authorized for the offense. If the court imposes a mandatory	7431
prison term, notwithstanding division (A)(4) of section 2929.14 of	7432
the Revised Code, it also may sentence the offender to a definite	7433
prison term that shall be not less than six months and not more	7434
than thirty months, the prison terms shall be imposed as described	7435
in division (G)(2) of section 2929.13 of the Revised Code, and no	7436
term of local incarceration, community residential sanction, or	7437
nonresidential sanction is authorized for the offense.	7438

(iii) In all cases, notwithstanding section 2929.18 of the	7439
Revised Code, a fine of not less than eight hundred nor more than	7440
ten thousand dollars;	7441

(iv) In all cases, a class two license suspension of the	7442
offender's driver's license, commercial driver's license,	7443
temporary instruction permit, probationary license, or nonresident	7444
operating privilege from the range specified in division (A)(2) of	7445
section 4510.02 of the Revised Code. The court may grant limited	7446
driving privileges relative to the suspension under sections	7447
4510.021 and 4510.13 of the Revised Code.	7448

(v) In all cases, if the vehicle is registered in the	7449
offender's name, criminal forfeiture of the vehicle involved in	7450
the offense in accordance with section 4503.234 of the Revised	7451
Code. Division (G)(6) of this section applies regarding any	7452
vehicle that is subject to an order of criminal forfeiture under	7453
this division.	7454

(vi) In all cases, participation in an alcohol and drug	7455
addiction program authorized by section 3793.02 of the Revised	7456
Code, subject to division (I) of this section.	7457

(vii) In all cases, if the court sentences the offender to a	7458
mandatory term of local incarceration, in addition to the	7459
mandatory term, the court, pursuant to section 2929.17 of the	7460
Revised Code, may impose a term of electronically monitored house	7461
arrest. The term shall not commence until after the offender has	7462
served the mandatory term of local incarceration.	7463

(e) An offender who previously has been convicted of or	7464
pleaded guilty to a violation of division (A) of this section that	7465
was a felony, regardless of when the violation and the conviction	7466
or guilty plea occurred, is guilty of a felony of the third	7467
degree. The court shall sentence the offender to all of the	7468
following:	7469

(i) If the offender is being sentenced for a violation of	7470
division (A)(1), (2), (3), (4), or (5) of this section, a	7471
mandatory prison term of sixty consecutive days in accordance with	7472
division (G)(2) of section 2929.13 of the Revised Code. The court	7473
may impose a prison term in addition to the sixty-day mandatory	7474
prison term. The cumulative total of the mandatory prison term and	7475
the additional prison term for the offense shall not exceed five	7476
years. No term of local incarceration, community residential	7477
sanction, or nonresidential sanction is authorized for the	7478
offense.	7479

(ii) If the sentence is being imposed for a violation of	7480
division (A)(6), (7), (8), or (9) of this section, a mandatory	7481
prison term of one hundred twenty consecutive days in accordance	7482
with division (G)(2) of section 2929.13 of the Revised Code. The	7483
court may impose a prison term in addition to the one hundred	7484
twenty-day mandatory prison term. The cumulative total of the	7485
mandatory prison term and the additional prison term for the	7486
offense shall not exceed five years. No term of local	7487
incarceration, community residential sanction, or nonresidential	7488
sanction is authorized for the offense.	7489

(iii) In all cases, notwithstanding section 2929.18 of the	7490
Revised Code, a fine of not less than eight hundred nor more than	7491
ten thousand dollars;	7492

(iv) In all cases, a class two license suspension of the	7493
offender's driver's license, commercial driver's license,	7494
temporary instruction permit, probationary license, or nonresident	7495
operating privilege from the range specified in division (A)(2) of	7496
section 4510.02 of the Revised Code. The court may grant limited	7497
driving privileges relative to the suspension under sections	7498
4510.021 and 4510.13 of the Revised Code.	7499

(v) In all cases, if the vehicle is registered in the	7500
offender's name, criminal forfeiture of the vehicle involved in	7501
the offense in accordance with section 4503.234 of the Revised	7502
Code. Division (G)(6) of this section applies regarding any	7503
vehicle that is subject to an order of criminal forfeiture under	7504
this division.	7505

(vi) In all cases, participation in an alcohol and drug	7506
addiction program authorized by section 3793.02 of the Revised	7507
Code, subject to division (I) of this section.	7508

(2) An offender who is convicted of or pleads guilty to a	7509
violation of division (A) of this section and who subsequently	7510
seeks reinstatement of the driver's or occupational driver's	7511
license or permit or nonresident operating privilege suspended	7512
under this section as a result of the conviction or guilty plea	7513
shall pay a reinstatement fee as provided in division (F)(2) of	7514
section 4511.191 of the Revised Code.	7515

(3) If an offender is sentenced to a jail term under division	7516
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	7517
if, within sixty days of sentencing of the offender, the court	7518
issues a written finding on the record that, due to the	7519
unavailability of space at the jail where the offender is required	7520
to serve the term, the offender will not be able to begin serving	7521
that term within the sixty-day period following the date of	7522
sentencing, the court may impose an alternative sentence under	7523
this division that includes a term of electronically monitored	7524
house arrest, as defined in section 2929.23 of the Revised Code.	7525

As an alternative to a mandatory jail term of ten consecutive	7526
days required by division (G)(1)(b)(i) of this section, the court,	7527
under this division, may sentence the offender to five consecutive	7528
days in jail and not less than eighteen consecutive days of	7529
electronically monitored house arrest. The cumulative total of the	7530
five consecutive days in jail and the period of electronically	7531
monitored house arrest shall not exceed six months. The five	7532
consecutive days in jail do not have to be served prior to or	7533
consecutively to the period of house arrest.	7534

As an alternative to the mandatory jail term of twenty	7535
consecutive days required by division (G)(1)(b)(ii) of this	7536
section, the court, under this division, may sentence the offender	7537
to ten consecutive days in jail and not less than thirty-six	7538
consecutive days of electronically monitored house arrest. The	7539
cumulative total of the ten consecutive days in jail and the	7540
period of electronically monitored house arrest shall not exceed	7541
six months. The ten consecutive days in jail do not have to be	7542
served prior to or consecutively to the period of house arrest.	7543

As an alternative to a mandatory jail term of thirty	7544
consecutive days required by division (G)(1)(c)(i) of this	7545
section, the court, under this division, may sentence the offender	7546
to fifteen consecutive days in jail and not less than fifty-five	7547
consecutive days of electronically monitored house arrest. The	7548
cumulative total of the fifteen consecutive days in jail and the	7549
period of electronically monitored house arrest shall not exceed	7550
one year. The fifteen consecutive days in jail do not have to be	7551
served prior to or consecutively to the period of house arrest.	7552

As an alternative to the mandatory jail term of sixty	7553
consecutive days required by division (G)(1)(c)(ii) of this	7554
section, the court, under this division, may sentence the offender	7555
to thirty consecutive days in jail and not less than one hundred	7556
ten consecutive days of electronically monitored house arrest. The	7557
cumulative total of the thirty consecutive days in jail and the	7558
period of electronically monitored house arrest shall not exceed	7559
one year. The thirty consecutive days in jail do not have to be	7560
served prior to or consecutively to the period of house arrest.	7561

(4) If an offender's driver's or occupational driver's	7562
license or permit or nonresident operating privilege is suspended	7563
under division (G) of this section and if section 4510.13 of the	7564
Revised Code permits the court to grant limited driving	7565
privileges, the court may grant the limited driving privileges	7566
only if the court imposes as one of the conditions of the	7567
privileges that the offender must display on the vehicle that is	7568
driven subject to the privileges restricted license plates that	7569
are issued under section 4503.231 of the Revised Code, except as	7570
provided in division (B) of that section.	7571

(5) Fines imposed under this section for a violation of	7572
division (A) of this section shall be distributed as follows:	7573

(a) Twenty-five dollars of the fine imposed under division	7574
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	7575
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	7576
fine imposed under division (G)(1)(c)(iii), and two hundred ten	7577
dollars of the fine imposed under division (G)(1)(d)(iii) or	7578
(e)(iii) of this section shall be paid to an enforcement and	7579
education fund established by the legislative authority of the law	7580
enforcement agency in this state that primarily was responsible	7581
for the arrest of the offender, as determined by the court that	7582
imposes the fine. The agency shall use this share to pay only	7583
those costs it incurs in enforcing this section or a municipal OVI	7584
ordinance and in informing the public of the laws governing the	7585
operation of a vehicle while under the influence of alcohol, the	7586
dangers of the operation of a vehicle under the influence of	7587
alcohol, and other information relating to the operation of a	7588
vehicle under the influence of alcohol and the consumption of	7589
alcoholic beverages.	7590

(b) Fifty dollars of the fine imposed under division	7591
(G)(1)(a)(iii) of this section shall be paid to the political	7592
subdivision that pays the cost of housing the offender during the	7593
offender's term of incarceration. If the offender is being	7594
sentenced for a violation of division (A)(1), (2), (3), (4), or	7595
(5) of this section and was confined as a result of the offense	7596
prior to being sentenced for the offense but is not sentenced to a	7597
term of incarceration, the fifty dollars shall be paid to the	7598
political subdivision that paid the cost of housing the offender	7599
during that period of confinement. The political subdivision shall	7600
use the share under this division to pay or reimburse	7601
incarceration or treatment costs it incurs in housing or providing	7602
drug and alcohol treatment to persons who violate this section or	7603
a municipal OVI ordinance, costs of any immobilizing or disabling	7604
device used on the offender's vehicle, and costs of electronic	7605
house arrest equipment needed for persons who violate this	7606
section.	7607

(c) Twenty-five dollars of the fine imposed under division	7608
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	7609
division (G)(1)(b)(iii) of this section shall be deposited into	7610
the county or municipal indigent drivers' alcohol treatment fund	7611
under the control of that court, as created by the county or	7612
municipal corporation under division (N) of section 4511.191 of	7613
the Revised Code.	7614

(d) One hundred fifteen dollars of the fine imposed under	7615
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	7616
fine imposed under division (G)(1)(c)(iii), and four hundred forty	7617
dollars of the fine imposed under division (G)(1)(d)(iii) or	7618
(e)(iii) of this section shall be paid to the political	7619
subdivision that pays the cost of housing the offender during the	7620
offender's term of incarceration. The political subdivision shall	7621
use this share to pay or reimburse incarceration or treatment	7622
costs it incurs in housing or providing drug and alcohol treatment	7623
to persons who violate this section or a municipal OVI ordinance,	7624
costs for any immobilizing or disabling device used on the	7625
offender's vehicle, and costs of electronic house arrest equipment	7626
needed for persons who violate this section.	7627

(e) The balance of the fine imposed under division	7628
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	7629
section shall be disbursed as otherwise provided by law.	7630

(6) If title to a motor vehicle that is subject to an order	7631
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	7632
this section is assigned or transferred and division (B)(2) or (3)	7633
of section 4503.234 of the Revised Code applies, in addition to or	7634
independent of any other penalty established by law, the court may	7635
fine the offender the value of the vehicle as determined by	7636
publications of the national auto dealers association. The	7637
proceeds of any fine so imposed shall be distributed in accordance	7638
with division (C)(2) of that section.	7639

(H) Whoever violates division (B) of this section is guilty	7640
of operating a vehicle after underage alcohol consumption and	7641
shall be punished as follows:	7642

(1) Except as otherwise provided in division (H)(2) of this	7643
section, the offender is guilty of a misdemeanor of the fourth	7644
degree. In addition to any other sanction imposed for the offense,	7645
the court shall impose a class six suspension of the offender's	7646
driver's license, commercial driver's license, temporary	7647
instruction permit, probationary license, or nonresident operating	7648
privilege from the range specified in division (A)(6) of section	7649
4510.02 of the Revised Code.	7650

(2) If, within one year of the offense, the offender	7651
previously has been convicted of or pleaded guilty to one or more	7652
violations of division (A) or (B) of this section or other	7653
equivalent offense offenses, the offender is guilty of a	7654
misdemeanor of the third degree. In addition to any other sanction	7655
imposed for the offense, the court shall impose a class four	7656
suspension of the offender's driver's license, commercial driver's	7657
license, temporary instruction permit, probationary license, or	7658
nonresident operating privilege from the range specified in	7659
division (A)(4) of section 4510.02 of the Revised Code.	7660

(I)(1) No court shall sentence an offender to an alcohol	7661
treatment program under this section unless the treatment program	7662
complies with the minimum standards for alcohol treatment programs	7663
adopted under Chapter 3793. of the Revised Code by the director of	7664
alcohol and drug addiction services.	7665

(2) An offender who stays in a drivers' intervention program	7666
or in an alcohol treatment program under an order issued under	7667
this section shall pay the cost of the stay in the program.	7668
However, if the court determines that an offender who stays in an	7669
alcohol treatment program under an order issued under this section	7670
is unable to pay the cost of the stay in the program, the court	7671
may order that the cost be paid from the court's indigent drivers'	7672
alcohol treatment fund.	7673

(J) If a person whose driver's or commercial driver's license	7674
or permit or nonresident operating privilege is suspended under	7675
this section files an appeal regarding any aspect of the person's	7676
trial or sentence, the appeal itself does not stay the operation	7677
of the suspension.	7678

(K) All terms defined in sections 4510.01 of the Revised Code	7679
apply to this section. If the meaning of a term defined in section	7680
4510.01 of the Revised Code conflicts with the meaning of the same	7681
term as defined in section 4501.01 or 4511.01 of the Revised Code,	7682
the term as defined in section 4510.01 of the Revised Code applies	7683
to this section.	7684

(L)(1) The Ohio Traffic Rules in effect on January 1, 2004,	7685
as adopted by the supreme court under authority of section 2937.46	7686
of the Revised Code, do not apply to felony violations of this	7687
section. Subject to division (L)(2) of this section, the Rules of	7688
Criminal Procedure apply to felony violations of this section.	7689

(2) If, on or after January 1, 2004, the supreme court	7690
modifies the Ohio Traffic Rules to provide procedures to govern	7691
felony violations of this section, the modified rules shall apply	7692
to felony violations of this section.	7693

Sec. 4513.111.  (A)(1) Every multi-wheel agricultural tractor	7694
whose model year was 2001 or earlier, when being operated or	7695
traveling on a street or highway at the times specified in section	7696
4513.03 of the Revised Code, at a minimum shall be equipped with	7697
and display reflectors and illuminated amber lamps so that the	7698
extreme left and right projections of the tractor are indicated by	7699
flashing lamps displaying amber light, visible to the front and	7700
the rear, by amber reflectors, all visible to the front, and by	7701
red reflectors, all visible to the rear.	7702

(2) The lamps displaying amber light need not flash	7703
simultaneously and need not flash in conjunction with any	7704
directional signals of the tractor.	7705

(3) The lamps and reflectors required by division (A)(1) of	7706
this section and their placement shall meet standards and	7707
specifications contained in rules adopted by the director of	7708
public safety in accordance with Chapter 119. of the Revised Code.	7709
The rules governing the amber lamps, amber reflectors, and red	7710
reflectors and their placement shall correlate with and, as far as	7711
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2	7712
respectively of the American society of agricultural engineers	7713
standard ANSI/ASAE S279.10 OCT98, lighting and marking of	7714
agricultural equipment on highways.	7715

(B) Every unit of farm machinery whose model year was 2002 or	7716
later, when being operated or traveling on a street or highway at	7717
the times specified in section 4513.03 of the Revised Code, shall	7718
be equipped with and display markings and illuminated lamps that	7719
meet or exceed the lighting, illumination, and marking standards	7720
and specifications that are applicable to that type of farm	7721
machinery for the unit's model year specified in the American	7722
society of agricultural engineers standard ANSI/ASAE S279.10 OCT98	7723
S279.11 APR01, lighting and marking of agricultural equipment on	7724
highways, or any subsequent revisions of that standard.	7725

(C) The lights and reflectors required by division (A) of	7726
this section are in addition to the slow-moving vehicle emblem and	7727
lights required or permitted by section 4513.11 or 4513.17 of the	7728
Revised Code to be displayed on farm machinery being operated or	7729
traveling on a street or highway.	7730

(D) No person shall operate any unit of farm machinery on a	7731
street or highway or cause any unit of farm machinery to travel on	7732
a street or highway in violation of division (A) or (B) of this	7733
section.	7734

(E) Whoever violates this section shall be punished as	7735
provided in section 4513.99 of the Revised Code.	7736

Section 5. That the existing versions of sections 1547.11,	7737
4503.10, 4503.11, 4503.182, 4511.19, and 4513.111 of the Revised	7738
Code that are scheduled to take effect January 1, 2004, are hereby	7739
repealed.	7740

Section 6. Sections 4 and 5 of this act take effect January	7741
1, 2004.	7742

Section 7. The amendment of section 4511.191 of the Revised	7743
Code by this act does not supersede the earlier amendment with	7744
delayed effective date of that section by Am. Sub. S.B. 123 of the	7745
124th General Assembly.	7746

Section 8. Upon the approval of the Legislative Service	7747
Commission, the staff of the Legislative Service Commission,	7748
beginning in January, 2006, shall conduct a study of force account	7749
limits established by this act for the Department of	7750
Transportation, counties, townships, and municipal corporations.	7751

The study shall consider the number of force account projects	7752
completed by the Department of Transportation and the political	7753
subdivisions and shall assess the use of taxpayer funds for those	7754
projects. The study shall discuss any measurable effects on	7755
economic development that may relate to specific force account	7756
projects. The study also shall address findings of the Auditor of	7757
State under section 117.16 of the Revised Code, including whether	7758
the Department of Transportation or political subdivisions were	7759
found to have violated the force account limits and whether any	7760
political subdivisions were subject to reduced force account	7761
limits as a result of the audits.	7762

If approved by the Commission, the staff shall submit a	7763
report on the study to the General Assembly not later than January	7764
1, 2007.	7765

Section 9. From July 1, 2003, through June 30, 2004, three or	7766
fewer steel coils are deemed to be a nondivisible load for	7767
purposes of special permits issued under section 4513.34 of the	7768
Revised Code, provided that the maximum overall gross vehicle	7769
weight of the vehicle and load shall not exceed ninety-two	7770
thousand pounds.	7771

The Department of Transportation shall conduct a study of	7772
special permits issued under section 4513.34 of the Revised Code	7773
to persons transporting steel coils. The Department shall collect	7774
data from such persons detailing the vehicle weights, trip paths,	7775
and truck destinations. As part of its study, the Department shall	7776
evaluate the conditions of roads used by vehicles operating under	7777
the special permits and, if possible, shall compare the condition	7778
of such roads with the condition of similar roads not being used	7779
by overweight vehicles to determine the extent of additional	7780
damage, if any, caused by the overweight vehicles. Not later than	7781
December 31, 2003, the Department shall complete its study and	7782
present a report with its findings to the President and Minority	7783
Leader of the Senate, the Speaker and Minority Leader of the House	7784
of Representatives, and the chairs and ranking minority members of	7785
the Senate Highways and Transportation Committee and the House of	7786
Representatives Transportation and Public Safety Committee.	7787

Section 10.  Except as otherwise provided, all appropriation	7788
items in this act are hereby appropriated out of any moneys in the	7789
state treasury to the credit of the designated fund, which are not	7790
otherwise appropriated. For all appropriations made in this act,	7791
the amounts in the first column are for fiscal year 2004 and the	7792
amounts in the second column are for fiscal year 2005.	7793

Section 11.  DOT DEPARTMENT OF TRANSPORTATION

7794

Transportation Planning and Research

7796

Highway Operating Fund Group

7797

Highway Construction

7805

Highway Operating Fund Group

7806

Highway Capital Improvement Fund Group

7816

Highway Maintenance

7826

Highway Operating Fund Group

7827

Public Transportation

7833

Highway Operating Fund Group

7834

Rail Transportation

7842

Highway Operating Fund Group

7843

State Special Revenue Fund Group

7847

Aviation

7852

Highway Operating Fund Group

7853

Administration

7860

State Special Revenue Fund Group

7861

Highway Operating Fund Group

7865

Debt Service

7871

Highway Operating Fund Group

7872

TOTAL Department of Transportation

7878

Section 11.01.  ISSUANCE OF BONDS

7889

The Treasurer of State, upon the request of the Director of	7890
Transportation, is authorized to issue and sell, in accordance	7891
with Section 2m of Article VIII, Ohio Constitution, and Chapter	7892
151. and particularly sections 151.01 and 151.06 of the Revised	7893
Code, obligations, including bonds and notes, of the State of Ohio	7894
in the aggregate amount of $420,000,000 in addition to the	7895
original issuance of obligations heretofore authorized by prior	7896
acts of the General Assembly.	7897

The obligations shall be dated, issued, and sold from time to	7898
time in such amounts as may be necessary to provide sufficient	7899
moneys to the credit of the Highway Capital Improvement Fund (Fund	7900
042) created by section 5528.53 of the Revised Code to pay costs	7901
charged to the fund when due as estimated by the Director of	7902
Transportation, provided, however, that such obligations shall be	7903
issued and sold at such time or times so that not more than	7904
$220,000,000 original principal amount of obligations, plus the	7905
principal amount of obligations that in prior fiscal years could	7906
have been, but were not, issued within the $220,000,000 limit, may	7907
be issued in any fiscal year, and not more than $1,200,000,000	7908
original principal amount of such obligations are outstanding at	7909
any one time.	7910

Section 11.02.  MAINTENANCE INTERSTATE HIGHWAYS

7911

The Director of Transportation may remove snow and ice and	7912
maintain, repair, improve, or provide lighting upon interstate	7913
highways that are located within the boundaries of municipal	7914
corporations, adequate to meet the requirements of federal law.	7915
When agreed in writing by the Director of Transportation and the	7916
legislative authority of a municipal corporation and	7917
notwithstanding sections 125.01 and 125.11 of the Revised Code,	7918
the Department of Transportation may reimburse the municipal	7919
corporation for all or any part of the costs, as provided by such	7920
agreement, incurred by the municipal corporation in maintaining,	7921
repairing, lighting, and removing snow and ice from the interstate	7922
system.	7923

Section 11.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING	7924
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL,	7925
AVIATION, AND ADMINISTRATION	7926

The Director of Budget and Management may approve requests	7927
from the Department of Transportation for transfer of Fund 002	7928
appropriations for highway planning and research (appropriation	7929
items 771-411 and 771-412), highway construction (appropriation	7930
items 772-421, 772-422, and 772-424), highway maintenance	7931
(appropriation item 773-431), rail grade crossings (appropriation	7932
item 776-462), aviation (appropriation item 777-475), and	7933
administration (appropriation item 779-491). Transfers of	7934
appropriations may be made upon the written request of the	7935
Director of Transportation and with the approval of the Director	7936
of Budget and Management. Such transfers shall be reported to the	7937
Controlling Board at the next regularly scheduled meeting of the	7938
board.	7939

This transfer authority is intended to provide for emergency	7940
situations and flexibility to meet unforeseen conditions that	7941
could arise during the budget period. It also is intended to allow	7942
the department to optimize the use of available resources and	7943
adjust to circumstances affecting the obligation and expenditure	7944
of federal funds.	7945

TRANSFER OF APPROPRIATIONS - FEDERAL HIGHWAY AND FEDERAL	7946
TRANSIT	7947

The Director of Budget and Management may approve requests	7948
from the Department of Transportation for the transfer of	7949
appropriations between appropriation items 772-422, Highway	7950
Construction - Federal, and 775-452, Public Transportation -	7951
Federal, based upon transit capital projects meeting Federal	7952
Highway Administration and Federal Transit Administration funding	7953
guidelines. Transfers between these appropriation items may be	7954
made upon the written request of the Director of Transportation	7955
and with the approval of the Director of Budget and Management.	7956
Such transfers shall be reported to the Controlling Board at its	7957
next regularly scheduled meeting.	7958

TRANSFER OF APPROPRIATIONS - STATE INFRASTRUCTURE BANK

7959

The Director of Budget and Management may approve requests	7960
from the Department of Transportation for transfer of	7961
appropriations and cash of the Infrastructure Bank funds created	7962
in section 5531.09 of the Revised Code, including transfers	7963
between fiscal years 2004 and 2005. Such transfers shall be	7964
reported to the Controlling Board at its next regularly scheduled	7965
meeting. However, the director may not make transfers out of debt	7966
service and lease payment appropriation items unless the director	7967
determines that the appropriated amounts exceed the actual and	7968
projected debt, rental, or lease payments.	7969

Should the appropriation and any reappropriations from prior	7970
years in appropriation item 770-005 and appropriation item 772-423	7971
exceed the actual and projected debt, rental, or lease payments	7972
for fiscal year 2004 or 2005, then prior to June 30, 2005, the	7973
balance may be transferred to appropriation item 772-422. Such	7974
transfer may be made upon the written request of the Director of	7975
Transportation and with the approval of the Director of Budget and	7976
Management. Transfers shall be reported to the Controlling Board	7977
at its next regularly scheduled meeting.	7978

The Director of Budget and Management may approve requests	7979
from the Department of Transportation for transfer of	7980
appropriations and cash from the Highway Operating Fund (Fund 002)	7981
to the Infrastructure Bank funds created in section 5531.09 of the	7982
Revised Code. The Director of Budget and Management may transfer	7983
from the Infrastructure Bank funds to the Highway Operating Fund	7984
up to the amounts originally transferred to the Infrastructure	7985
Bank funds under this section. Such transfers shall be reported to	7986
the Controlling Board at its next regularly scheduled meeting.	7987
However, the director may not make transfers between modes and	7988
transfers between different funding sources.	7989

INCREASE APPROPRIATION AUTHORITY - STATE FUNDS

7990

In the event that receipts or unexpended balances credited to	7991
the Highway Operating Fund exceed the estimates upon which the	7992
appropriations have been made in this act, upon the request of the	7993
Director of Transportation, the Controlling Board may increase	7994
appropriation authority in the manner prescribed in section 131.35	7995
of the Revised Code.	7996

INCREASE APPROPRIATION AUTHORITY - FEDERAL AND LOCAL FUNDS

7997

In the event that receipts or unexpended balances credited to	7998
the Highway Operating Fund or apportionments or allocations made	7999
available from the federal and local government exceed the	8000
estimates upon which the appropriations have been made in this	8001
act, upon the request of the Director of Transportation, the	8002
Controlling Board may increase appropriation authority in the	8003
manner prescribed in section 131.35 of the Revised Code.	8004

REAPPROPRIATIONS

8005

All appropriations of the Highway Operating Fund (Fund 002),	8006
the Highway Capital Improvement Fund (Fund 042), and the	8007
Infrastructure Bank funds created in section 5531.09 of the	8008
Revised Code remaining unencumbered on June 30, 2003, are hereby	8009
reappropriated for the same purpose in fiscal year 2004.	8010

All appropriations of the Highway Operating Fund (Fund 002)	8011
and the Highway Capital Improvement Fund (Fund 042), and the	8012
Infrastructure Bank funds created in section 5531.09 of the	8013
Revised Code remaining unencumbered on June 30, 2004, are hereby	8014
reappropriated for the same purpose in fiscal year 2005.	8015

Any balances of prior years' appropriations to the Highway	8016
Operating Fund (Fund 002), the Highway Capital Improvement Fund	8017
(Fund 042), and the Infrastructure Bank funds created in section	8018
5531.09 of the Revised Code that are unencumbered on June 30,	8019
2003, subject to the availability of revenue as determined by the	8020
Director of Transportation, are hereby reappropriated for the same	8021
purpose in fiscal year 2004 upon the request of the Director of	8022
Transportation and with the approval of the Director of Budget and	8023
Management. Such reappropriations shall be reported to the	8024
Controlling Board.	8025

Any balances of prior years' appropriations to the Highway	8026
Operating Fund (Fund 002), the Highway Capital Improvement Fund	8027
(Fund 042), and the Infrastructure Bank funds created in section	8028
5531.09 of the Revised Code that are unencumbered on June 30,	8029
2004, subject to the availability of revenue as determined by the	8030
Director of Transportation, are hereby reappropriated for the same	8031
purpose in fiscal year 2005 upon the request of the Director of	8032
Transportation and with the approval of the Director of Budget and	8033
Management. Such reappropriations shall be reported to the	8034
Controlling Board.	8035

Section 11.04.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

8036

Of the foregoing appropriation item 772-421, Highway	8037
Construction - State, $3,145,500 is to be used each fiscal year	8038
during the 2003-2005 biennium by the Department of Transportation	8039
for the construction, reconstruction, or maintenance of public	8040
access roads, including support features, to and within state	8041
facilities owned or operated by the Department of Natural	8042
Resources, as requested by the Director of Natural Resources.	8043

Notwithstanding section 5511.06 of the Revised Code, of the	8044
foregoing appropriation item 772-421, Highway Construction -	8045
State, $2,228,000 in each fiscal year of the 2003-2005 biennium	8046
shall be used by the Department of Transportation for the	8047
construction, reconstruction, or maintenance of park drives or	8048
park roads within the boundaries of metropolitan parks.	8049

Included in the foregoing appropriation item 772-421, Highway	8050
Construction - State, the department may perform related road work	8051
on behalf of the Ohio Expositions Commission at the state	8052
fairgrounds, including reconstruction or maintenance of public	8053
access roads, including support features, to and within the	8054
facilities as requested by the commission and approved by the	8055
Director of Transportation.	8056

LIQUIDATION OF UNFORESEEN LIABILITIES

8057

Any appropriation made to the Department of Transportation,	8058
Highway Operating Fund, not otherwise restricted by law, is	8059
available to liquidate unforeseen liabilities arising from	8060
contractual agreements of prior years when the prior year	8061
encumbrance is insufficient.	8062

RUMBLE STRIPS AT RAILROAD CROSSINGS

8063

Of the foregoing appropriation item 776-665, Railroad	8064
Crossing Safety Devices, $675,000 in fiscal year 2004 shall be	8065
used by the Department of Transportation to fund competitive	8066
grants to political subdivisions for the cost of putting rumble	8067
strips at active railroad crossings without gates or lights. The	8068
maximum amount of a competitive grant is $50,000 for any single	8069
crossing. Each political subdivision with jurisdiction over a	8070
crossing may apply to the Department for a competitive grant for	8071
the costs of putting rumble strips at crossings. Those political	8072
subdivisions awarded grants shall install the rumble strips by	8073
December 1, 2004. Those political subdivisions awarded such grants	8074
shall not use the moneys as matching funds for any other state	8075
rail safety programs.	8076

If rumble strips are not appropriate for a crossing, the	8077
Department may allow the political subdivision which is awarded	8078
the grant to use the funding for a safety device or technology	8079
more appropriate for the crossing.	8080

The Department shall notify each political subdivision with	8081
jurisdiction over a crossing of the requirements of this section	8082
that funding is available for rumble strips at crossings and for	8083
other rail crossing safety improvements. The Department also shall	8084
notify associations representing political subdivisions of the	8085
availability of the funding.	8086

The Department shall spend no more than five per cent of the	8087
appropriation item on Department administrative expenses.	8088

The Department shall issue a report on or before June 30,	8089
2005, describing the activities carried out by the Department to	8090
comply with the provisions of this section. The report shall	8091
include the number of crossings at which rumble strip installation	8092
was completed, the cost of each installation to date, the number	8093
of active crossings without gates or lights that still do not have	8094
rumble strips, and a geographic breakdown of where the crossings	8095
are that have and have not yet received rumble strips.	8096

All appropriations in Fund 4A3, appropriation item 776-665,	8097
Railroad Crossing Safety Devices, remaining unencumbered on June	8098
30, 2004, are hereby reappropriated for the same purpose in fiscal	8099
year 2005. No transfer of moneys shall occur between appropriation	8100
item 776-665, Railroad Crossing Safety Devices, and appropriation	8101
item 870-614, Grade Crossing Protection Devices-State. The	8102
Department shall report all such appropriations to the Controlling	8103
Board.	8104

Section 11.05.  RENTAL PAYMENTS - OBA

8105

The foregoing appropriation item 770-003, Administration -	8106
State - Debt Service, shall be used to pay rent to the Ohio	8107
Building Authority for various capital facilities to be	8108
constructed, reconstructed, or rehabilitated for the use of the	8109
Department of Transportation, including the department's plant and	8110
facilities at its central office, field districts, and county and	8111
outpost locations. The rental payments shall be made from revenues	8112
received from the motor vehicle fuel tax. The amounts of any bonds	8113
and notes to finance such capital facilities shall be at the	8114
request of the Director of Transportation. Notwithstanding section	8115
152.24 of the Revised Code, the Ohio Building Authority may, with	8116
approval of the Office of Budget and Management, lease capital	8117
facilities to the Department of Transportation.	8118

The Director of Transportation shall hold title to any land	8119
purchased and any resulting structures that are attributable to	8120
appropriation item 770-003. Notwithstanding section 152.18 of the	8121
Revised Code, the Director of Transportation shall administer any	8122
purchase of land and any contract for construction,	8123
reconstruction, and rehabilitation of facilities as a result of	8124
this appropriation.	8125

Should the appropriation and any reappropriations from prior	8126
years in appropriation item 770-003 exceed the rental payments for	8127
fiscal year 2004 or 2005, then prior to June 30, 2005, the balance	8128
may be transferred to appropriation item 772-421, 773-431, or	8129
779-491. Such transfer may be made upon the written request of the	8130
Director of Transportation and with the approval of the Director	8131
of Budget and Management. Transfers shall be reported to the	8132
Controlling Board at its next regularly scheduled meeting.	8133

Section 11.06.  PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

8134

The Director of Transportation may use revenues from the	8135
state motor vehicle fuel tax to match approved federal grants	8136
awarded to the Department of Transportation, regional transit	8137
authorities, or eligible public transportation systems, for public	8138
transportation highway purposes, or to support local or state	8139
funded projects for public transportation highway purposes. Public	8140
transportation highway purposes include: the construction or	8141
repair of high-occupancy vehicle traffic lanes, the acquisition or	8142
construction of park-and-ride facilities, the acquisition or	8143
construction of public transportation vehicle loops, the	8144
construction or repair of bridges used by public transportation	8145
vehicles or that are the responsibility of a regional transit	8146
authority or other public transportation system, or other similar	8147
construction that is designated as an eligible public	8148
transportation highway purpose. Motor vehicle fuel tax revenues	8149
may not be used for operating assistance or for the purchase of	8150
vehicles, equipment, or maintenance facilities.	8151

Section 12. PAVEMENT-SELECTION PROCESS ANALYSIS

8152

The Ohio Department of Transportation shall contract with a	8153
neutral third-party entity to conduct an analysis of the	8154
Department's pavement-selection process including but not limited	8155
to life cycle cost analysis; user delay; constructability and	8156
environment factors. The entity shall be an individual or an	8157
academic, research, or professional association with an expertise	8158
in pavement-selection decisions and shall not be a research center	8159
for concrete or asphalt pavement. The analysis shall compare and	8160
contrast the Department's pavement-selection process with those of	8161
other states and with model selection processes as described by	8162
the American Association of State Highway and Transportation	8163
Officials and the Federal Highway Administration.	8164

An advisory council shall be appointed to approve the scope	8165
of study and to select the neutral third-party entity. The	8166
advisory council shall consist of the following members:	8167

(1) The director of the Ohio Department of Transportation,	8168
who shall act as Chairman of the council;	8169

(2) A member of the Ohio Society of Certified Public	8170
Accountants;	8171

(3) A member of a statewide business organization	8172
representing major corporate entities from a list of three names	8173
submitted to and appointed by the Speaker of the House of	8174
Representatives;	8175

(4) A member of the Ohio Society of Professional Engineers;

8176

(5) A member of a business organization representing small or	8177
independent businesses from a list of three names submitted to and	8178
appointed by the President of the Senate;	8179

(6) A representative of the Ohio Concrete Construction	8180
Association;	8181

(7) A representative of Flexible Pavements Association of	8182
Ohio, Inc.	8183

Members of the advisory council representing the Ohio Society	8184
of Certified Public Accountants, the Ohio Society of Professional	8185
Engineers, the small or independent businesses and the major	8186
corporate entities shall have no conflict of interest with the	8187
position. For purposes of this section, "conflict of interest"	8188
means taking any action that violates any provision of Chapter	8189
102. or 2921. of the Revised Code.	8190

The advisory council shall be appointed no later than July	8191
31, 2003. Once appointed, the council shall meet, at a minimum,	8192
every thirty days. The council shall publish a schedule of	8193
meetings and provide adequate public notice of these meetings. The	8194
meetings are also subject to the applicable public meeting	8195
requirements. The council shall allow a comment period of not less	8196
than thirty days before issuing its final report. The report shall	8197
be issued on or before December 31, 2003. Upon issuing its final	8198
report, the council shall cease to exist.	8199

The Department shall make changes to its pavement-selection	8200
process based on the recommendations included in the third-party	8201
entity's report.	8202

The Department shall make the changes to its	8203
pavement-selection process based on the recommendations included	8204
in the neutral third-party entity's report.	8205

Section 13.  DHS DEPARTMENT OF PUBLIC SAFETY

8206

Highway Safety Information and Education

8207

State Highway Safety Fund Group

8208

FEDERAL HIGHWAY SAFETY PROGRAM MATCH

8225

The foregoing appropriation item 761-402, Traffic Safety	8226
Match, shall be used to provide the nonfederal portion of the	8227
federal Highway Safety Program. Upon request by the Director of	8228
Public Safety and approval by the Director of Budget and	8229
Management, appropriation item 761-402 shall be used to transfer	8230
cash from the Highway Safety Fund to the Traffic Safety - Federal	8231
Fund (Fund 832) at the beginning of each fiscal year on an	8232
intrastate transfer voucher.	8233

Section 13.01.  BUREAU OF MOTOR VEHICLES

8234

State Special Revenue Fund Group

8235

State Highway Safety Fund Group

8239

MOTOR VEHICLE REGISTRATION

8250

The Registrar of Motor Vehicles may deposit revenues to meet	8251
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	8252
4W4) established in section 4501.25 of the Revised Code, obtained	8253
pursuant to sections 4503.02 and 4504.02 of the Revised Code, less	8254
all other available cash. Revenue deposited pursuant to this	8255
section shall support, in part, appropriations for operating	8256
expenses and defray the cost of manufacturing and distributing	8257
license plates and license plate stickers and enforcing the law	8258
relative to the operation and registration of motor vehicles.	8259
Notwithstanding section 4501.03 of the Revised Code, the revenues	8260
shall be paid into the State Bureau of Motor Vehicles Fund before	8261
any revenues obtained pursuant to sections 4503.02 and 4504.02 of	8262
the Revised Code are paid into any other fund. The deposit of	8263
revenues to meet the aforementioned cash needs shall be in	8264
approximate equal amounts on a monthly basis or as otherwise	8265
determined by the Director of Budget and Management pursuant to a	8266
plan submitted by the Registrar of Motor Vehicles.	8267

CAPITAL PROJECTS

8268

The Registrar of Motor Vehicles may transfer cash from the	8269
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State	8270
Highway Safety Fund (Fund 036) to meet its obligations for capital	8271
projects CIR-047, Department of Public Safety Office Building,	8272
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop.	8273

TRANSFER OF FUNDS TO FUND 5V1

8274

On July 1, 2003, or as soon thereafter as possible, the	8275
Director of Budget and Management shall transfer the cash balances	8276
in the Collegiate, Football Hall of Fame, Ohio Casa/GAL, Rotary	8277
International, Pro Sports Teams, Boy Scouts, Girl Scouts, Eagle	8278
Scouts, FOP, FOP Associates, Ducks Unlimited, FFA, and Leader in	8279
Flight Funds to the License Plate Contribution Fund (Fund 5V1).	8280
The spending authority to honor encumberances established in the	8281
prior fiscal year is hereby appropriated.	8282

Section 13.02.  ENFORCEMENT

8283

State Highway Safety Fund Group

8284

General Services Fund Group

8301

COLLECTIVE BARGAINING INCREASES

8307

Notwithstanding division (D) of section 127.14 and division	8308
(B) of section 131.35 of the Revised Code, except for the General	8309
Revenue Fund, the Controlling Board may, upon the request of	8310
either the Director of Budget and Management, or the Department of	8311
Public Safety with the approval of the Director of Budget and	8312
Management, increase appropriations for any fund, as necessary for	8313
the Department of Public Safety, to assist in paying the costs of	8314
increases in employee compensation that have occurred pursuant to	8315
collective bargaining agreements under Chapter 4117. of the	8316
Revised Code and, for exempt employees, under section 124.152 of	8317
the Revised Code.	8318

Section 13.03.  EMERGENCY MEDICAL SERVICES

8319

State Highway Safety Fund Group

8320

Section 13.04.  INVESTIGATIVE UNIT

8329

State Highway Safety Fund Group

8330

Liquor Control Fund Group

8335

State Special Revenue Fund Group

8339

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	8346
EQUIPMENT	8347

The Director of Public Safety, using intrastate transfer	8348
vouchers, shall make cash transfers to the State Highway Safety	8349
Fund (Fund 036) from other funds to reimburse the State Highway	8350
Safety Fund for the share of lease rental payments to the Ohio	8351
Building Authority that are associated with appropriation item	8352
CAP-076, Investigative Unit MARCS Equipment.	8353

Section 13.05.  EMERGENCY MANAGEMENT

8354

Federal Special Revenue Fund Group

8355

General Services Fund Group

8362

State Special Revenue Fund Group

8367

SARA TITLE III HAZMAT PLANNING

8374

The SARA Title III HAZMAT Planning Fund (Fund 681) shall	8375
receive grant funds from the Emergency Response Commission to	8376
implement the Emergency Management Agency's responsibilities under	8377
Chapter 3750. of the Revised Code.	8378

STATE DISASTER RELIEF

8379

The foregoing appropriation item 763-601, State Disaster	8380
Relief, may accept transfers of cash and appropriations from	8381
Controlling Board appropriation items to reimburse eligible local	8382
governments and private nonprofit organizations for costs related	8383
to disasters that have been declared by local governments or the	8384
Governor. The Ohio Emergency Management Agency shall publish and	8385
make available an application packet outlining eligible items and	8386
application procedures for entities requesting state disaster	8387
relief.	8388

Individuals may be eligible for reimbursement of costs	8389
related to disasters that have been declared by the Governor and	8390
the Small Business Administration. The funding in appropriation	8391
item 763-601, State Disaster Relief, shall be used in accordance	8392
with the principles of the federal Individual and Family Grant	8393
Program, which provides grants to households that have been	8394
affected by a disaster to replace basic living items. The Ohio	8395
Emergency Management Agency shall publish and make available an	8396
application procedure for individuals requesting assistance under	8397
the state Individual Assistance Program.	8398

EMA SERVICE AND REIMBURSEMENT FUND

8399

On July 1, 2003, or as soon as possible thereafter, the	8400
Director of Budget and Management shall transfer the cash balances	8401
in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and	8402
Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement	8403
Fund (Fund 4V3), created in section 5502.39 of the Revised Code.	8404
Upon the completion of the transfer, notwithstanding any other	8405
provision of law to the contrary, the EMA Utility Payment Fund	8406
(Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are	8407
abolished. The director shall cancel any existing encumbrances	8408
against appropriation items 763-654, EMA Utility Payment, and	8409
763-655, Salvage and Exchange-EMA, and reestablish them against	8410
appropriation item 763-662, EMA Service and Reimbursement. The	8411
amounts of the reestablished encumbrances are hereby appropriated.	8412

Section 13.06.  ADMINISTRATION

8413

State Highway Safety Fund Group

8414

General Services Fund Group

8419

Section 13.07.  DEBT SERVICE

8426

State Highway Safety Fund Group

8427

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

8433

The foregoing appropriation item 761-401, Lease Rental	8434
Payments, shall be used for payments to the Ohio Building	8435
Authority for the period July 1, 2003, to June 30, 2005, pursuant	8436
to the primary leases and agreements for buildings made under	8437
Chapter 152. of the Revised Code that are pledged for bond service	8438
charges on related obligations issued pursuant to Chapter 152. of	8439
the Revised Code. Notwithstanding section 152.24 of the Revised	8440
Code, the Ohio Building Authority may, with approval of the	8441
Director of Budget and Management, lease capital facilities to the	8442
Department of Public Safety.	8443

HILLTOP TRANSFER

8444

The Director of Public Safety shall determine, per an	8445
agreement with the Director of Transportation, the share of each	8446
debt service payment made out of appropriation item 761-401, Lease	8447
Rental Payments, that relates to the Department of	8448
Transportation's portion of the Hilltop Building Project, and	8449
shall certify to the Director of Budget and Management the amounts	8450
of this share. The Director of Budget and Management shall	8451
transfer such shares from the Highway Operating Fund (Fund 002) to	8452
the Highway Safety Fund (Fund 036).	8453

Section 13.08.  REVENUE DISTRIBUTION

8454

Holding Account Redistribution Fund Group

8455

TOTAL Department of Public Safety

8463

Section 13.09. CASH BALANCE FUND REVIEW

8479

Not later than the first day of April in each fiscal year of	8480
the biennium, the Director of Budget and Management shall review	8481
the cash balances for each fund, except the State Highway Safety	8482
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4)	8483
in the State Highway Safety Fund Group, and shall recommend to the	8484
Controlling Board an amount to be transferred to the credit of the	8485
State Highway Safety Fund, or the Bureau of Motor Vehicles Fund,	8486
as appropriate.	8487

SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND

8488

The Director of Budget and Management, pursuant to a plan	8489
submitted by the Department of Public Safety or as otherwise	8490
determined by the Director, shall set a cash transfer schedule	8491
totaling $140,137,500 in fiscal year 2004 and $94,359,250 in	8492
fiscal year 2005 from the Highway Operating Fund, established in	8493
section 5735.291 of the Revised Code, to the State Highway Safety	8494
Fund, established in section 4501.06 of the Revised Code. The	8495
director shall transfer the cash at such times as is determined by	8496
the transfer schedule.	8497

MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

8498

The Director of Budget and Management shall transfer cash in	8499
equal monthly increments totaling $46,712,500 in fiscal year 2004	8500
and $94,359,250 in fiscal year 2005 from the Highway Operating	8501
Fund, established in section 5735.291 of the Revised Code, to the	8502
Gasoline Excise Tax Fund established in division (A) of section	8503
5735.27 of the Revised Code. The monthly amounts transferred	8504
pursuant to this section shall be distributed as follows:	8505
forty-two and eighty-six hundredths (42.86) per cent shall be	8506
distributed among the municipal corporations within the state in	8507
accordance with division (A)(2) of section 5735.27 of the Revised	8508
Code; thirty-seven and fourteen hundredths (37.14) per cent shall	8509
be distributed among the counties within the state in accordance	8510
with division (A)(3) of section 5735.27 of the Revised Code; and	8511
twenty (20) per cent shall be distributed among the townships	8512
within the state in accordance with division (A)(5) of section	8513
5735.27 of the Revised Code.	8514

Section 14.  DEV DEPARTMENT OF DEVELOPMENT

8515

State Special Revenue Fund Group

8516

ROADWORK DEVELOPMENT FUND

8521

The Roadwork Development Fund shall be used for road	8522
improvements associated with economic development opportunities	8523
that will retain or attract businesses for Ohio. "Road	8524
improvements" are improvements to public roadway facilities	8525
located on, or serving or capable of serving, a project site.	8526

The Department of Transportation, under the direction of the	8527
Department of Development, shall provide these funds in accordance	8528
with all guidelines and requirements established for Department of	8529
Development appropriation item 195-412, Business Development,	8530
including Controlling Board review and approval as well as the	8531
requirements for usage of gas tax revenue prescribed in Section 5a	8532
of Article XII, Ohio Constitution. Should the Department of	8533
Development require the assistance of the Department of	8534
Transportation to bring a project to completion, the Department of	8535
Transportation shall use the authority under Title LV of the	8536
Revised Code to provide such assistance and enter into contracts	8537
on behalf of the Department of Development. In addition, these	8538
funds may be used in conjunction with appropriation item 195-412,	8539
Business Development, or any other state funds appropriated for	8540
infrastructure improvements.	8541

The Director of Budget and Management, pursuant to a plan	8542
submitted by the Department of Development or as otherwise	8543
determined by the Director of Budget and Management, shall set a	8544
cash transfer schedule to meet the cash needs of the Department of	8545
Development's Roadwork Development Fund (Fund 4W0), less any other	8546
available cash. The director shall transfer to the Roadwork	8547
Development Fund from the Highway Operating Fund (Fund 002),	8548
established in section 5735.291 of the Revised Code, such amounts	8549
at such times as determined by the transfer schedule.	8550

TRANSPORTATION IMPROVEMENT DISTRICTS

8551

Notwithstanding section 5540.151 of the Revised Code,	8552
$250,000 in each fiscal year of the biennium of the foregoing	8553
appropriation item 195-629, Roadwork Development, shall be paid by	8554
the Director of Development to each of the transportation	8555
improvement districts of Butler, Hamilton, Lorain, Medina,	8556
Montgomery, and Stark counties. The transportation improvement	8557
districts may use the payments for any purpose authorized under	8558
Chapter 5540. of the Revised Code, including administrative	8559
activities and the purchase of property and rights for the	8560
construction, maintenance, or operation of a project. These	8561
payments shall not be subject to the restrictions of appropriation	8562
item 195-629, Roadwork Development.	8563

Section 15.  PWC PUBLIC WORKS COMMISSION

8564

Local Transportation Improvements Fund Group

8565

Local Infrastructure Improvements Fund Group

8570

DISTRICT ADMINISTRATION COSTS

8575

The Director of the Public Works Commission is authorized to	8576
create a District Administration Costs Program from interest	8577
earnings of the Capital Improvements Fund and Local Transportation	8578
Improvement Program Fund proceeds. This program shall be used to	8579
provide for administration costs of the nineteen public works	8580
districts for the direct costs of district administration.	8581
Districts choosing to participate in this program shall only	8582
expend Capital Improvements Fund moneys for Capital Improvements	8583
Fund costs and Local Transportation Improvement Program Fund	8584
moneys for Local Transportation Improvement Program Fund costs.	8585
The account shall not exceed $760,000 per fiscal year. Each public	8586
works district may be eligible for up to $40,000 per fiscal year	8587
from its district allocation as provided in sections 164.08 and	8588
164.14 of the Revised Code.	8589

The director, by rule, shall define allowable and	8590
nonallowable costs for the purpose of the District Administration	8591
Costs Program. Nonallowable costs include indirect costs, elected	8592
official salaries and benefits, and project-specific costs. No	8593
district public works committee may participate in the District	8594
Administration Costs Program without the approval of those costs	8595
by the district public works committee pursuant to section 164.04	8596
of the Revised Code.	8597

REAPPROPRIATIONS

8598

All capital appropriations from the Local Transportation	8599
Improvement Program Fund (Fund 052) in Sub. H.B. 73 of the 124th	8600
General Assembly remaining unencumbered as of June 30, 2003, are	8601
reappropriated for use during the period July 1, 2003, through	8602
June 30, 2004, for the same purpose.	8603

Notwithstanding division (B) of section 127.14 of the Revised	8604
Code, all capital appropriations and reappropriations from the	8605
Local Transportation Improvement Program Fund (Fund 052) in this	8606
act remaining unencumbered as of June 30, 2004, are reappropriated	8607
for use during the period July 1, 2004, through June 30, 2005, for	8608
the same purpose, subject to the availability of revenue as	8609
determined by the Director of the Public Works Commission.	8610

Section 16. (A) The Chief of the Division of Forestry may	8611
salvage and sell timber and other forest products from the state	8612
forests with the exception of the Shawnee Wilderness Area, as	8613
defined in section 1503.43 of the Revised Code, that had been	8614
felled or damaged by weather, natural forces, and conditions with	8615
the approval of the Attorney General and the Director of Natural	8616
Resources.	8617

(B) Except as otherwise provided in this section, a timber	8618
salvage and sale and agreement shall be executed in compliance	8619
with the terms and conditions set forth in section 1503.05 of the	8620
Revised Code.	8621

(C) All moneys received from the salvage and sale of timber	8622
and forest products from these lands shall be paid into the state	8623
treasury. Twenty per cent of the moneys received shall be credited	8624
to the state forest fund for the purposes of restoring public	8625
access to and within state forests, which shall include highway	8626
and road cleaning, reconstruction, and maintenance. The moneys	8627
received also may be used for forest management programs,	8628
including re-forestation, forest reclamation, and forest	8629
management practices. Ten per cent of the moneys received shall be	8630
credited to the General Revenue Fund.	8631

(D) At the time of making such a payment or deposit, the	8632
Chief shall determine the amount and gross value of all such	8633
timber and forest products sold from lands in each county, each	8634
township within the county, and each school district within the	8635
county. Afterward, the Chief shall send to each county treasurer a	8636
copy of the determination and shall provide for payment to the	8637
county treasurer, for general use of the general fund of that	8638
county from the amount so received as provided in this division,	8639
an amount equal to seventy per cent of the gross value of the	8640
timber and forest products sold in that county. The county auditor	8641
shall do all of the following:	8642

(1) Retain for the use of the general fund of the county	8643
one-fourth of the amount received by the county;	8644

(2) Pay into the general fund of any township located within	8645
the county containing such lands one-fourth of the amount received	8646
by the county from timber and forest products sold from lands	8647
located in the township;	8648

(3) Request the board of education of any school district	8649
located within the county and containing such lands to identify	8650
which fund or funds of the district should receive the moneys	8651
available to the school district under this section. After	8652
receiving notice from the board, the county auditor shall pay into	8653
the fund or funds so identified one-half of the amount received by	8654
the county from timber and forest products sold from lands located	8655
in the school district, distributed proportionately as identified	8656
by the board.	8657

(E) When both damaged and undamaged timber are harvested, the	8658
Chief of the Division of Forestry shall estimate the proportion of	8659
damaged timber to total timber harvested. The Chief shall credit	8660
the proportion of undamaged timber as it applies in section	8661
1503.05 of the Revised Code. The undamaged proportion shall be	8662
allocated according to this section.	8663

(F) This section shall expire two years after its effective	8664
date. This section is not subject to the referendum. Therefore,	8665
under Ohio Constitution, Article II, Section 1d and section 1.471	8666
of the Revised Code, this section goes into immediate effect when	8667
this act becomes law.	8668

Section 17. That Sections 78 and 78.02 of Am. Sub. H.B. 94 of	8669
the 124th General Assembly be amended to read as follows:	8670

Sec. 78.  DNR DEPARTMENT OF NATURAL RESOURCES

8671

General Revenue Fund

8672

General Services Fund Group

8694

Federal Special Revenue Fund Group

8714

State Special Revenue Fund Group

8730

Wildlife Fund Group

8754

Waterways Safety Fund Group

8762

Holding Account Redistribution Fund Group

8773

Accrued Leave Liability Fund Group

8778

The review and acceptance of amended articles of dedication	8783
under section 1517.05 of the Revised Code, as amended by this act	8784
Am. Sub. H.B. 94 of the 124th General Assembly, is an	8785
administrative function that is performed by the Department of	8786
Natural Resources. The amendments to that section clarify the	8787
manner in which such reviews are to be conducted. The reviews	8788
contemplated by section 1517.05 of the Revised Code, as amended by	8789
this actAm. Sub. H.B. 94 of the 124th General Assembly, shall be	8790
funded by the general appropriation to the Department of Natural	8791
Resources under this section.	8792

Sec. 78.02. CENTRAL SUPPORT INDIRECT

8793

With the exception of the Division of Wildlife, whose	8794
indirect central support charges shall be paid out of the General	8795
Revenue Fund from the foregoing appropriation item 725-401,	8796
Wildlife - GRF Central Support, the Department of Natural	8797
Resources, with the approval of the Director of Budget and	8798
Management, shall utilize a methodology for determining each	8799
division's payments into the Central Support Indirect Fund (Fund	8800
157). The methodology used shall contain the characteristics of	8801
administrative ease and uniform application. Payments to the	8802
Central Support Indirect Fund shall be made using an intrastate	8803
transfer voucher.	8804

WILDLIFE LICENSE REIMBURSEMENT

8805

Notwithstanding the limits of the transfer from the General	8806
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	8807
of the Revised Code, up to the amount available in appropriation	8808
item 725-425, Wildlife License Reimbursement, may be transferred	8809
from the General Revenue Fund to the Wildlife Fund (Fund 015).	8810
Pursuant to the certification of the Director of Budget and	8811
Management of the amount of foregone revenue in accordance with	8812
section 1533.15 of the Revised Code, the foregoing appropriation	8813
item in the General Revenue Fund, appropriation item 725-425,	8814
Wildlife License Reimbursement, shall be used to reimburse the	8815
Wildlife Fund (Fund 015) for the cost of hunting and fishing	8816
licenses and permits issued after June 30, 1990, to individuals	8817
who are exempted under the Revised Code from license, permit, and	8818
stamp fees.	8819

SOIL AND WATER DISTRICTS

8820

In addition to state payments to soil and water conservation	8821
districts authorized by section 1515.10 of the Revised Code, the	8822
Department of Natural Resources may pay to any soil and water	8823
conservation district, from authority in appropriation item	8824
725-502, Soil and Water Districts, an annual amount not to exceed	8825
$30,000, upon receipt of a request and justification from the	8826
district and approval by the Ohio Soil and Water Conservation	8827
Commission. The county auditor shall credit the payments to the	8828
special fund established under section 1515.10 of the Revised Code	8829
for the local soil and water conservation district. Moneys	8830
received by each district shall be expended for the purposes of	8831
the district.	8832

Of the foregoing appropriation item 725-502, Soil and Water	8833
Districts, $150,000 in each fiscal year shall be distributed to	8834
the Muskingum Watershed Conservancy District and $50,000 in each	8835
fiscal year shall be distributed to the Livestock Assurance	8836
Program.	8837

Of the foregoing appropriation 725-502, Soil and Water	8838
Districts, $136,000 shall be earmarked in fiscal year 2002 for	8839
Indian Lake, $56,000 per fiscal year for the Conservation Action	8840
Program, $48,000 in fiscal year 2002 for Millcreek Valley	8841
Conservation District, $40,000 per fiscal year for Wills Creek	8842
Reservoir, $120,000 in fiscal year 2002 for the relocation of	8843
Route 30, $250,000 in fiscal year 2002 for the Upper Hocking and	8844
Rush Creek Flood Control project, and $100,000 per fiscal year for	8845
Rush Creek Conservancy District. Of the foregoing appropriation	8846
item 725-502, Soil and Water Districts, $150,000 shall be	8847
earmarked in each fiscal year for the Loramie Lake Project.	8848

DIVISION OF SOIL AND WATER

8849

Of the foregoing appropriation item 737-321, Division of Soil	8850
and Water, $220,000 in each fiscal year shall be distributed to	8851
the Water Quality Laboratory located at Heidelberg College.	8852

CANAL LANDS

8853

The foregoing appropriation item 725-456, Canal Lands, shall	8854
be used to transfer funds to the Canal Lands Fund (Fund 430) to	8855
provide operating expenses for the State Canal Lands Program. The	8856
transfer shall be made using an intrastate transfer voucher and	8857
shall be subject to the approval of the Director of Budget and	8858
Management.	8859

STATE FOREST

8860

Of the foregoing appropriation item 725-602, State Forest,	8861
$285,000 shall be used in fiscal year 2003 for the Civilian	8862
Conservation Corps' Camp Riffe facility in southern Ohio to aid in	8863
forestry cleanup and road clearing. This shall be the final state	8864
assistance to the Civilian Conservation Corps' Camp Riffe	8865
facility.	8866

WATERCRAFT MARINE PATROL

8867

Of the foregoing appropriation item 739-401, Division of	8868
Watercraft, not more than $200,000 in each fiscal year shall be	8869
expended for the purchase of equipment for marine patrols	8870
qualifying for funding from the Department of Natural Resources	8871
pursuant to section 1547.67 of the Revised Code. Proposals for	8872
equipment shall accompany the submission of documentation for	8873
receipt of a marine patrol subsidy pursuant to section 1547.67 of	8874
the Revised Code and shall be loaned to eligible marine patrols	8875
pursuant to a cooperative agreement between the Department of	8876
Natural Resources and the eligible marine patrol.	8877

FUND CONSOLIDATION

8878

On July 15, 2001, or as soon thereafter as possible, the	8879
Director of Budget and Management shall transfer the cash balances	8880
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and	8881
any amounts that accrue to that fund after that date, to the	8882
Wildlife Education Fund (Fund 015). The Director shall cancel any	8883
remaining outstanding encumbrances against appropriation item	8884
725-612, Wildlife Education, and reestablish them against	8885
appropriation item 740-401, Division of Wildlife Conservation. The	8886
amounts of any encumbrances canceled and reestablished are	8887
appropriated.	8888

On July 15, 2001, or as soon thereafter as possible, the	8889
Director of Budget and Management shall transfer the cash balances	8890
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June	8891
30, 2001, and any amounts that accrue to that fund after that	8892
date, to the Waterways Safety Fund (Fund 086). The director shall	8893
cancel any remaining outstanding encumbrances against	8894
appropriation item 725-614, Cooperative Boat Harbor Projects, and	8895
reestablish them against appropriation item 739-401, Division of	8896
Watercraft. The amounts of any encumbrances canceled and	8897
reestablished are hereby appropriated.	8898

On July 15, 2001, or as soon thereafter as possible, the	8899
Director of Budget and Management shall transfer the cash balances	8900
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,	8901
and any amounts that accrue to that fund after that date, to the	8902
State Forest Fund (Fund 509). The director shall cancel any	8903
remaining outstanding encumbrances against appropriation item	8904
725-617, Forestry Development Fund, and reestablish them against	8905
appropriation item 725-602, State Forest. The amounts of any	8906
encumbrances canceled and reestablished are appropriated. No	8907
interest shall be credited to Fund 4B8 after June 30, 2001.	8908

On July 15, 2001, or as soon thereafter as possible, the	8909
Director of Budget and Management shall transfer the cash balance	8910
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by	8911
the repeal of section 1507.12 of the Revised Code in this act, to	8912
the Burr Oak Regional Water District.	8913

PARKS FACILITIES MAINTENANCE

8914

Notwithstanding section 1541.221 of the Revised Code, the	8915
first $1,100,000 that would be transferred to the Parks Facilities	8916
Maintenance Fund (Fund 161) in fiscal year 2002 shall be retained	8917
by the State Park Fund (Fund 512). The difference between ten per	8918
cent of the receipts from revenue-producing facilities of the	8919
division of parks and recreation and $1,100,000 shall be	8920
transferred to the Parks Facilities Maintenance Fund in fiscal	8921
year 2002.	8922

OIL AND GAS WELL PLUGGING

8923

The foregoing appropriation item 725-677, Oil and Gas Well	8924
Plugging, shall be used exclusively for the purposes of plugging	8925
wells and to properly restore the land surface of idle and orphan	8926
oil and gas wells pursuant to section 1509.071 of the Revised	8927
Code. No funds from the appropriation item shall be used for	8928
salaries, maintenance, equipment, or other administrative	8929
purposes, except for those costs directly attributed to the	8930
plugging of an idle or orphan well. Appropriation authority from	8931
this line item shall not be transferred to any other fund or line	8932
item.	8933

Section 18. That existing Sections 78 and 78.02 of Am. Sub.	8934
H.B. 94 of the 124th General Assembly are hereby repealed.	8935

Section 19. That Section 25 of Am. Sub. H.B. 524 of the 124th	8936
General Assembly be amended to read as follows:	8937

Sec. 25.  All items set forth in this section are hereby	8938
appropriated out of any moneys in the state treasury to the credit	8939
of the Parks and Recreation Improvement Fund (Fund 035) and	8940
derived from the proceeds of obligations heretofore authorized to	8941
pay costs of capital facilities, as defined in section 154.01 of	8942
the Revised Code, for parks and recreation.	8943

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

8944

LOCAL PARKS PROJECTS

8983

The following projects shall be funded from the foregoing	8984
reappropriation item CAP-748, Local Parks Projects: $500,000 for	8985
Erie Metro Parks Land Acquisition; $40,000 for Grove City Fryer	8986
Park Improvements; $12,500 for Big Prairie/LakevilleBerlin	8987
Township Park Improvements; $25,000 for Holmes County Park	8988
Improvements; $25,000 for Stockport Village Park Improvements;	8989
$50,000 for Silver Park Improvements, $6,500 for Crossroads Park	8990
Improvements; $38,000 for Wauseon Park Land Acquisition; $150,000	8991
for Black Swamp Land Acquisition; $75,000 for the Walbridge Parks	8992
Improvements; and $100,000 by the West Creek Preservation	8993
Committee for a West Creek Watershed Project.	8994

SCIOTO RIVERFRONT IMPROVEMENTS

8995

Of the foregoing reappropriation item CAP-787, Scioto	8996
Riverfront Improvements, $7,750,000 shall be used for Spring and	8997
Long Park.	8998

STATEWIDE TRAILS PROGRAM

8999

Of the foregoing reappropriation item CAP-876, Statewide	9000
Trails Program, $50,000 shall be used for the Lake to River	9001
Greenway Bike Path in Trumbull County.	9002

FEDERAL REIMBURSEMENT

9003

All reimbursements received from the federal government for	9004
any expenditures made pursuant to this section shall be deposited	9005
in the state treasury to the credit of the Parks and Recreation	9006
Improvement Fund.	9007

Section 20. That existing Section 25 of Am. Sub. H.B. 524 of	9008
the 124th General Assembly is hereby repealed.	9009

Section 21.  PROVISIONS OF LAW GENERALLY APPLICABLE TO	9010
APPROPRIATIONS	9011

Law contained in the main operating appropriations act of the	9012
125th General Assembly that is generally applicable to the	9013
appropriations made in the main operating appropriations act also	9014
is generally applicable to the appropriations made in this act.	9015

Section 22.  LEASE PAYMENTS TO OBA AND TREASURER

9016

Certain appropriations are in this act for the purpose of	9017
lease payments to the Ohio Building Authority or to the Treasurer	9018
of State pursuant to leases and agreements relating to bonds or	9019
notes issued by the Ohio Building Authority or the Treasurer of	9020
State pursuant to the Ohio Constitution and acts of the General	9021
Assembly. If it is determined that additional appropriations are	9022
necessary for this purpose, such amounts are hereby appropriated.	9023

Section 23. In accordance with the Department of	9024
Transportation's existing schedule for reconstruction of	9025
Interstate Route 71, the Department shall open and mark the third	9026
lane of travel in both the northbound and southbound lanes of	9027
Interstate Route 71, from one mile south of State Route 18 to the	9028
interchange with State Route 303.	9029

Section 24. Sections 1 to 9 of Am.Sub. H.B. 512 of the 124th	9030
General Assembly take effect July 1, 2003.	9031

This section is not subject to the referendum. Therefore,	9032
under Ohio Constitution, Article II, Section 1d and section 1.471	9033
of the Revised Code, this section goes into immediate effect when	9034
this act becomes law.	9035

Section 25. (A) There is hereby created the Biofuel and	9036
Renewable Energy Task Force, which shall consist of seven members	9037
as follows:	9038

(1) Two members of the Senate appointed by the President of	9039
the Senate, one of whom shall be a member of the majority party	9040
and one of whom shall be a member of the minority party;	9041

(2) Two members of the House of Representatives appointed by	9042
the Speaker of the House of Representatives, one of whom shall be	9043
a member of the majority party and one of whom shall be a member	9044
of the minority party;	9045

(3) One member appointed by the Governor;

9046

(4) One member appointed by the Director of Agriculture;

9047

(5) One member appointed by the Director of Development.

9048

Appointments shall be made and the Task Force shall hold its	9049
first meeting not later than September 1, 2003. The member	9050
appointed by the Director of Agriculture shall serve as the	9051
chairperson and the Task Force shall elect from its members a	9052
vice-chairperson.	9053

(B) Not later than March 1, 2004, the Biofuel and Renewable	9054
Energy Task Force shall submit a report to the General Assembly	9055
and the Governor. The report shall do all of the following:	9056

(1) Provide an overview of the industries of biofuel and	9057
other renewable energy sources in this state;	9058

(2) Describe the condition of those industries in this state	9059
and describe state programs that are providing aid or financial	9060
assistance to those industries;	9061

(3) Provide a comparison of the status of the industries of	9062
biofuel and other renewable energy sources in this state and of	9063
those of the surrounding states;	9064

(4) Include recommendations to the General Assembly for	9065
expanding the industries of biofuel and other renewable energy	9066
sources in this state and for providing methods to fund biofuel	9067
and renewable energy projects or studies.	9068

Following submission of the report, the Task Force shall	9069
cease to exist.	9070

Section 26. Except as otherwise specifically provided in this	9071
act, the codified sections of law amended or enacted in this act,	9072
and the items of law of which the codified sections of law amended	9073
or enacted in this act are composed, are subject to the	9074
referendum. Therefore, under Ohio Constitution, Article II,	9075
Section 1c and section 1.471 of the Revised Code, the codified	9076
sections of law amended or enacted by this act, and the items of	9077
law of which the codified sections of law as amended or enacted by	9078
this act are composed, take effect on the ninety-first day after	9079
this act is filed with the Secretary of State. If, however, a	9080
referendum petition is filed against any such codified section of	9081
law as amended or enacted by this act, or against any item of law	9082
of which any such codified section of law as amended or enacted by	9083
this act is composed, the codified section of law as amended or	9084
enacted, or item of law, unless rejected at the referendum, takes	9085
effect at the earliest time permitted by law.	9086

Section 27. Sections 4501.21, 4503.50, 4503.51, 4503.55,	9087
4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711,	9088
4503.72, 4503.73, 4503.75, 5502.39, 5531.10, 5728.06, 5735.23,	9089
5735.27, 5735.29, 5735.291, and 5735.292 of the Revised Code, as	9090
amended or enacted by this act, and the items of law of which such	9091
sections as amended or enacted by this act are composed, are not	9092
subject to the referendum. Therefore, under Ohio Constitution,	9093
Article II, Section 1d and section 1.471 of the Revised Code, such	9094
sections as amended or enacted by this act, and the items of law	9095
of which such sections as amended or enacted by this act are	9096
composed, go into immediate effect when this act becomes law.	9097

This section is not subject to the referendum. Therefore,	9098
under Ohio Constitution, Article II, Section 1d and section 1.471	9099
of the Revised Code, this section goes into immediate effect when	9100
this act becomes law.	9101

Section 28. The repeal by this act of sections 4501.20,	9102
4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39,	9103
4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised	9104
Code is not subject to the referendum. Therefore, under Ohio	9105
Constitution, Article II, Section 1d and section 1.471 of the	9106
Revised Code, such repeals go into immediate effect when this act	9107
becomes law.	9108

This section is not subject to the referendum. Therefore,	9109
under Ohio Constitution, Article II, Section 1d and section 1.471	9110
of the Revised Code, this section goes into immediate effect when	9111
this act becomes law.	9112

Section 29. Notwithstanding the effective date of the	9113
amendments to sections 3704.14, 4503.103, and 4503.11 of the	9114
Revised Code relating to a program of biennial motor vehicle	9115
registration, the Bureau of Motor Vehicles is not required to have	9116
such a program in operation until January 1, 2004.	9117

Section 30. If the amendment or enactment in this act of a	9118
codified section of law is subject to the referendum, the	9119
corresponding indications in the amending, enacting, or existing	9120
repeal clauses commanding the amendment or enactment also are	9121
subject to the referendum, along with the amendment or enactment.	9122
If the amendment, enactment, or repeal by this act of a codified	9123
or uncodified section of law is not subject to the referendum, the	9124
corresponding indications in the amending, enacting, or repeal	9125
clauses commanding the amendment, enactment, or repeal also are	9126
not subject to the referendum, the same as the amendment,	9127
enactment, or repeal.	9128

This section is not subject to the referendum. Therefore,	9129
under Ohio Constitution, Article II, Section 1d and section 1.471	9130
of the Revised Code, this section goes into immediate effect when	9131
this act becomes law.	9132

Section 31. The items in the uncodified sections of law	9133
contained in this act that appropriate money for the current	9134
expenses of state government, earmark this class of	9135
appropriations, or depend for their implementation upon an	9136
appropriation for the current expenses of state government are not	9137
subject to the referendum. Therefore, under Ohio Constitution,	9138
Article II, Section 1d and section 1.471 of the Revised Code,	9139
these items go into immediate effect when this act becomes law.	9140

The items in the uncodified sections of law contained in this	9141
act that appropriate money other than for the current expenses of	9142
state government, earmark this class of appropriations, or do not	9143
depend for their implementation upon an appropriation for the	9144
current expenses of state government are subject to the	9145
referendum. Therefore, under Ohio Constitution, Article II,	9146
Section 1c and section 1.471 of the Revised Code, these items take	9147
effect on the ninety-first day after this act is filed with the	9148
Secretary of State. If, however, a referendum petition is filed	9149
against such an item, the item, unless rejected at the referendum,	9150
takes effect at the earliest time permitted by law.	9151

This section is not subject to the referendum. Therefore,	9152
under Ohio Constitution, Article II, Section 1d and section 1.471	9153
of the Revised Code, this section goes into immediate effect when	9154
this act becomes law.	9155

Section 32.  Section 4503.10 of the Revised Code is presented	9156
in Section 1 of this act as a composite of the section as amended	9157
by Am. Sub. H.B. 94, S.B. 31, and Sub. S.B. 59, all of the 124th	9158
General Assembly. The General Assembly, applying the principle	9159
stated in division (B) of section 1.52 of the Revised Code that	9160
amendments are to be harmonized if reasonably capable of	9161
simultaneous operation, finds that the composite is the resulting	9162
version of the section in effect prior to the effective date of	9163
the section as presented in Section 1 of this act.	9164

Section 33.  The version of section 4503.10 of the Revised	9165
Code that is scheduled to take effect January 1, 2004, is	9166
presented in this act as a composite of the section as amended by	9167
both Sub. S.B. 59 and Am. Sub. S.B. 123 of the 124th General	9168
Assembly. The General Assembly, applying the principle stated in	9169
division (B) of section 1.52 of the Revised Code that amendments	9170
are to be harmonized if reasonably capable of simultaneous	9171
operation, finds that the composite is the resulting version of	9172
the section in effect prior to the effective date of the section	9173
as presented in this act.	9174

Section 34.  Section 4503.51 of the Revised Code is presented	9175
in this act as a composite of the section as amended by both Am.	9176
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly.	9177
The General Assembly, applying the principle stated in division	9178
(B) of section 1.52 of the Revised Code that amendments are to be	9179
harmonized if reasonably capable of simultaneous operation, finds	9180
that the composite is the resulting version of the section in	9181
effect prior to the effective date of the section as presented in	9182
this act.	9183

This section is not subject to the referendum. Therefore,	9184
under Ohio Constitution, Article II, Section 1d and section 1.471	9185
of the Revised Code, this section goes into immediate effect when	9186
this act becomes law.	9187

Section 35.  (A) Section 4503.55 of the Revised Code is	9188
presented in this act as a composite of the section as amended by	9189
both Am. Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General	9190
Assembly. The General Assembly, applying the principle stated in	9191
division (B) of section 1.52 of the Revised Code that amendments	9192
are to be harmonized if reasonably capable of simultaneous	9193
operation, finds that the composite is the resulting version of	9194
the section in effect prior to the effective date of the section	9195
as presented in this act.	9196

(B) Section 5735.23 of the Revised Code is presented in this	9197
act as a composite of the section as amended by both H.B. 612 and	9198
Am. Sub. H.B. 640 of the 123rd General Assembly. The General	9199
Assembly, applying the principle stated in division (B) of section	9200
1.52 of the Revised Code that amendments are to be harmonized if	9201
reasonably capable of simultaneous operation, finds that the	9202
composite is the resulting version of the section in effect prior	9203
to the effective date of the section as presented in this act.	9204

(C) This section is not subject to the referendum. Therefore,	9205
under Ohio Constitution, Article II, Section 1d and section 1.471	9206
of the Revised Code, this section goes into immediate effect when	9207
this act becomes law.	9208

Section 36. If any item of law that constitutes the whole or	9209
part of a codified or uncodified section of law contained in this	9210
act, or if any application of any item of law that constitutes the	9211
whole or part of a codified or uncodified section of law contained	9212
in this act, is held invalid, the invalidity does not affect other	9213
items of law or applications of items of law that can be given	9214
effect without the invalid item of law or application. To this	9215
end, the items of law of which the codified and uncodified	9216
sections contained in this act are composed, and their	9217
applications, are independent and severable.	9218

This section is not subject to the referendum. Therefore,	9219
under Ohio Constitution, Article II, Section 1d and section 1.471	9220
of the Revised Code, this section goes into immediate effect when	9221
this act becomes law.	9222