REPRESENTATIVE Buehrer
(By Request)
A BILL
To amend sections 723.52, 723.53, 1547.11, 3704.14, 3704.143, 4501.10, 4503.10, 4503.101, 4503.103, 4503.11, 4503.173, 4503.181, 4503.182, 4503.19, 4503.21, 4503.23, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 4505.09, 4506.08, 4507.23, 4511.04, 4511.19, 4511.191, 4511.197, 4513.111, 4513.52, 4513.53, 4549.10, 5501.20, 5501.34, 5501.45, 5502.02, 5517.011, 5517.02, 5525.20, 5531.10, 5543.19, 5575.01, 5735.27, 5735.29, and 5735.291, to enact sections 117.16, 4501.061, 4501.21, 4501.42, 4501.43, 4503.105, 4503.106, 4503.192, 4503.87, 5502.39, and 5543.22, and to repeal sections 4501.20, 4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39, 4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised Code to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2003, and ending June 30, 2005, to provide authorization and conditions for the operation of those programs, and to amend the versions of sections 1547.11, 4503.10, 4503.11, 4503.182, 4503.19, 4503.21, 4511.19, 4513.111, and 4549.10 of the Revised Code that are scheduled to take effect January 1, 2004.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 723.52, 723.53, 1547.11, 3704.14, 3704.143, 4501.10, 4503.10, 4503.101, 4503.103, 4503.11, 4503.173, 4503.181, 4503.182, 4503.19, 4503.21, 4503.23, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 4505.09, 4506.08, 4507.23, 4511.04, 4511.19, 4511.191, 4511.197, 4513.111, 4513.52, 4513.53, 4549.10, 5501.20, 5501.34, 5501.45, 5502.02, 5517.011, 5517.02, 5525.20, 5531.10, 5543.19, 5575.01, 5735.27, 5735.29, and 5735.291 be amended and sections 117.16, 4501.061, 4501.21, 4501.42, 4501.43, 4503.105, 4503.106, 4503.192, 4503.86, 5502.39, and 5543.22 of the Revised Code be enacted to read as follows:
Sec. 117.16. (A) The auditor of state shall do all of the
following:
(1) Develop a force account project assessment form that
each public office that undertakes force account projects shall
use to estimate or report the cost of a force account project.
The form shall include costs for employee salaries and benefits,
any other labor costs, materials, freight, fuel, hauling, overhead
expense, workers' compensation premiums, and all other items of
cost and expense, including a reasonable allowance for the use of
all tools and equipment used on or in connection with such work
and for the depreciation on the tools and equipment.
(2) Make the form available to public offices by any
cost-effective, convenient method accessible to the auditor of
state and the public offices;
(3) When conducting an audit of such a public office under
this chapter, examine the forms and records of each force account
project that the office has completed since an audit was last
conducted to determine compliance with the force account limits
and other force account provisions established by law.
(B) If the auditor receives a complaint from any person that a public office has violated the force account limits established for that office, the auditor may conduct an audit in addition to the audit provided in section 117.11 of the Revised Code if the auditor has reasonable cause to believe that an additional audit is in the public interest.
(C)(1) If the auditor finds that a county, township, or municipal corporation violated the force account limits established for that political subdivision, the auditor, in addition to any other action authorized by this chapter, shall notify the political subdivision that, for a period of one year from the date of the notification, the force account limits for the subdivision are reduced as follows:
(a) For a county, the limits shall be ten thousand dollars per mile for construction or reconstruction of a road and forty thousand dollars for construction, reconstruction, maintenance, or repair of a bridge or culvert;
(b) For a township, the limit shall be fifteen thousand dollars for maintenance and repair of a road or five thousand per mile for construction or reconstruction of a township road;
(c) For a municipal corporation, the limit shall be ten thousand dollars for the construction, reconstruction, widening, resurfacing, or repair of a street or other public way.
(2) If the auditor finds that a county, township, or municipal corporation violated the force account limits established for that political subdivision a second time within two years of finding a first violation, the auditor, in addition to any other action authorized by this chapter, shall notify the political subdivision that, for a period of two years from the date of the notification, the force account limits for the subdivision are reduced in accordance with division (C)(1)(a), (b), or (c) of this section.
(D) As used in this section, "force account limits" means any of the following, as applicable:
(1) For a county, the amounts established in section 5543.19 of the Revised Code;
(2) For a township, the amounts established in section 5575.01 of the Revised Code;
(3) For a municipal corporation, the amount established in section 723.52 of the Revised Code;
(4) For the department of transportation, the amount established in section 5517.02 of the Revised Code.
Sec. 723.52. Before letting or making any contract for the
construction, reconstruction, widening, resurfacing, or repair of
a street or other public way, the director of public service in a
city, or the legislative authority in a village, shall make an
estimate of the cost of such work, which estimate shall include
labor, materials, freight, fuel, hauling, overhead expense,
workers' compensation premiums, use of machinery and equipment,
and all other items of cost and expense using the force account project assessment form developed by the auditor of state under section 117.16 of the Revised Code. In municipal
corporations having an engineer, or an officer having a different
title but the duties and functions of an engineer, the estimate
shall be made by the engineer or other officer. Where the total estimated cost of any such work is thirty thousand dollars or less, the proper officers may proceed by force account.
Where the total estimated cost of any such work exceeds ten thirty
thousand dollars, the proper officers of the municipal
corporation shall be required to invite and receive competitive
bids for furnishing all the labor, materials, and equipment and
doing the work, after newspaper advertisement as provided by law,
and to. The officers shall consider and may reject such bids before ordering. If the bids are rejected, the officers may order the work
done by force account or direct labor. When such bids are
received, considered, and rejected, and the work done by force
account or direct labor, such work shall be performed in
compliance with the plans and specifications upon which the bids
were based. It shall be unlawful to divide a street or
connecting streets into separate sections for the purpose of
defeating this section and section 723.53 of the Revised Code.
"Street," as used in such sections, includes portions of
connecting streets on which the same or similar construction,
reconstruction, widening, resurfacing, or repair is planned or
projected.
Sec. 723.53. Where the proper officers of any municipal
corporation construct, reconstruct, widen, resurface, or repair a
street or other public way by force account or direct labor, and
the estimated cost of the work as defined in section 723.52 of
the Revised Code exceeds ten thirty thousand dollars, such municipal
authorities shall cause to be kept by the engineer of the
municipal corporation, or other officer or employee of the
municipal corporation in charge of such work, a complete and
accurate account, in detail, of the cost of doing the work. The
account shall include labor, materials, freight, fuel, hauling,
overhead expense, workers' compensation premiums, and all other
items of cost and expense, including a reasonable allowance for
the use of all tools and equipment used on or in connection with
such work and for the depreciation on the tools and equipment.
The engineer or other officer or employee shall keep such
account, and within ninety days after the completion of any such
work he shall prepare a detailed and itemized statement of such
cost and file the statement with the officer or board vested with
authority to direct the doing of the work in question. Such
officer or board shall thereupon examine the statement, correct
it if necessary, and file it in his or its the office of the
officer or board. Such statement shall be kept on file for not less than
two years and shall be open to public inspection.
This section and section 723.52 of the Revised Code do not
apply to any municipal corporations having a charter form of
government.
Sec. 1547.11. (A) No person shall operate or be in physical
control of any vessel underway or shall manipulate any water
skis,
aquaplane, or similar device on the waters in this state if
any
of
the following applies:
(1) The person is under the influence of alcohol or a drug
of abuse, or the combined influence of alcohol and a drug of
abuse;.
(2) The person has a concentration of ten-hundredths eight-hundredths of
one
per cent or more by weight of alcohol in the person's
blood;.
(3) The person has a concentration of fourteen-hundredths
eleven-hundredths of
one gram or more by weight of alcohol per one hundred
milliliters
of the person's urine;.
(4) The person has a concentration of ten-hundredths eight-hundredths of
one
gram or more by weight of alcohol per two hundred ten liters
of
the person's breath.
(B) No person under twenty-one years of age shall operate or
be in
physical control of any vessel underway or shall manipulate
any water skis,
aquaplane, or similar device on the waters in this
state if any of the
following applies:
(1) The person has a concentration of at least
two-hundredths of one per
cent, but less than ten-hundredths eight-hundredths of
one per cent by weight of alcohol in the
person's blood;.
(2) The person has a concentration of at least twenty-eight
one-thousandths of one gram, but less than fourteen-hundredths eleven-hundredths of
one gram by
weight of alcohol per one hundred milliliters of the
person's urine;.
(3) The person has a concentration of at least
two-hundredths of one gram,
but less than ten-hundredths eight-hundredths of one
gram by weight of alcohol per two hundred
ten liters of the
person's breath.
(C) In any proceeding arising out of one incident, a person
may
be charged with a violation of division (A)(1) and a violation
of
division (B)(1), (2), or (3) of this section, but the person
shall
not be convicted of more than one violation of those
divisions.
(D) In any criminal prosecution or juvenile court proceeding for a violation of this
section or of an ordinance of any municipal corporation relating
to operating a vessel or using any water skis, aquaplane, or
similar device while under the influence of alcohol or a drug of
abuse, the court may admit evidence on the concentration of
alcohol or a drug of abuse in the defendant's blood, urine, or
breath at the time of the alleged violation as shown by chemical
analysis of the defendant's blood, urine, or breath taken within
two hours of the time of the alleged violation.
When a person submits to a blood test, only a physician,
registered nurse, or qualified technician or chemist shall
withdraw blood for the purpose of determining its alcohol or drug
of abuse content. This limitation does not apply to the taking
of
breath or urine specimens. A physician, registered nurse, or
qualified technician or chemist may refuse to withdraw blood for
the purpose of determining its alcohol or drug of abuse content
if
in the opinion of the physician, nurse, or technician,
or chemist,
the physical welfare of the person would be
endangered by the
withdrawing of blood.
The blood, urine, or breath shall be analyzed in accordance
with methods approved by the director of health by an individual
possessing a valid permit issued by the director
pursuant to
section 3701.143 of the Revised Code.
If there was at the time the blood, urine, or breath was
taken a concentration of less than ten-hundredths eight-hundredths of one per cent
by weight of alcohol in the defendant's blood, less than
fourteen-hundredths eleven-hundredths of one gram by weight of alcohol per one
hundred
milliters
milliliters of the defendant's urine, or less
than
ten-hundredths eight-hundredths of
one gram by weight of alcohol per two
hundred
ten liters of the
defendant's
breath, that fact may be
considered
with other competent evidence
in determining the guilt
or
innocence of the defendant.
Upon the request of the person who was tested, the results
of
the test shall be made available to the person or the
person's
attorney or
agent immediately upon the completion of the test
analysis.
The person tested may have a physician, registered nurse,
or
qualified technician or chemist of the person's own
choosing
administer
a chemical test or tests in addition to any
administered at the
direction of a law enforcement officer, and
shall be so advised.
The failure or inability to obtain an
additional test by a person
shall not preclude the admission of
evidence relating to the test
or tests taken at the direction of a
law enforcement officer.
A physician, registered nurse, or qualified technician or
chemist who withdraws blood from a person pursuant to this
section, and a hospital, first-aid station, or clinic at which
blood is withdrawn from a person pursuant to this section, is
immune from criminal liability, and from civil liability that is
based upon a claim of assault and battery or based upon any other
claim that is not in the nature of a claim of malpractice, for
any
act performed in withdrawing blood from the person.
(E) For the purposes of this section,
"operate" means that a
vessel is being used on the waters in this state when the vessel
is not
securely affixed to a dock or to shore or to any permanent
structure to which
the vessel has the right to affix or that a
vessel is not anchored in a
designated anchorage area or boat
camping area that is established by the
United States coast guard,
this state, or a political
subdivision and in which the vessel has
the right to anchor.
Sec. 3704.14. (A) As used in this section:
(1) "Basic motor vehicle inspection and maintenance
program"
or "basic program" means a motor vehicle inspection and
maintenance program that complies with the requirements governing
motor vehicle inspection and maintenance programs under the
"Clean
Air Act Amendments" and that is not an enhanced motor
vehicle
inspection and maintenance program.
(2) "Clean Air Act Amendments" means the "Clean Air Act
Amendments of 1990," 91 Stat. 685, 42 U.S.C.A. 7401, as amended,
and regulations adopted under it.
(3) "Contractor" means any person who has entered into a
contract under division (D) of this section.
(4) "District of registration" means the district of
registration of a motor vehicle as determined under section
4503.10 of the Revised Code.
(5) "Enhanced motor vehicle inspection and maintenance
program" or "enhanced program" means a motor vehicle inspection
and maintenance program that complies with the requirements
governing an enhanced motor vehicle inspection and maintenance
program under the
"Clean Air Act Amendments."
(6) "Licensee" means any person licensed under division
(C)
of this section.
(7) "Metropolitan planning organization" means a
metropolitan planning organization designated under section 9(a)
of the "Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23
U.S.C.A. 134, as amended.
(8) "Motor vehicle" and "vehicle" have the same meanings
as
in section 4501.01 of the Revised Code.
(9) "Waiver limit" means the cost of repairs needed for a
motor vehicle to pass a motor vehicle emissions inspection under
this section above which the owner of the motor vehicle need not
have the repairs performed on the vehicle and may receive a
waiver
under division (F) of this section. For a motor vehicle
the
district of registration of which is in a county classified
as
moderate nonattainment that is subject to a basic or an
enhanced
motor vehicle inspection and maintenance program,
"waiver limit"
means more than one hundred dollars for a vehicle
of a 1980 or
earlier model year and more than two hundred dollars
for a vehicle
of a 1981 or later model year. For a motor vehicle
the district
of registration of which is in a county classified
as serious,
severe, or extreme nonattainment and that is subject
to an
enhanced motor vehicle inspection and maintenance program,
"waiver
limit" means more than four hundred fifty dollars.
"Waiver limit"
also includes the cumulative amount of the annual
adjustments to
each of the amounts specified in this division
made by the
director pursuant to regulations adopted under
section
502(b)(3)(B)(v) of the
"Clean Air Act Amendments."
"Waiver limit"
does not include the cost of any repairs performed
on a vehicle
for the purpose of restoring the vehicle in
accordance with the
findings of the visual anti-tampering portion
of a motor vehicle
emissions inspection conducted under this
section.
(B) The director of environmental protection shall
implement
and supervise a motor vehicle inspection and
maintenance program
in any county classified as moderate,
serious, severe, or extreme
nonattainment for carbon monoxide or
ozone in accordance with the
"Clean Air Act Amendments." The
director shall implement and
supervise a basic or an enhanced
motor vehicle inspection and
maintenance program in a county that
is within an area classified
as nonattainment for carbon monoxide
or ozone when such a program
is included in the air quality
maintenance plan or contingency
plan for the nonattainment area
that includes the county and that
is submitted to the United
States environmental protection agency
by the director as
required under section 175A of the
"Clean Air
Act Amendments" as
part of a request for redesignation of the
nonattainment area as
attainment for carbon monoxide or ozone
under section 107(d) of
that act, and the director determines that
the conditions
requiring implementation of such a program and set
forth in
either such plan have been met. The director shall
implement and
supervise the enhanced program in any county as
required under
section 3704.142 of the Revised Code. The director
may terminate
the program in any county that is subject to this
section in
accordance with division (K)(2) of this section. The
director
shall adopt, and may amend or rescind, rules to
facilitate the
implementation, supervision, administration,
operation, and
enforcement of the program, including, without
limitation, rules
providing for all of the following:
(1) The form of all inspection certificates, distribution
of
inspection certificates to reinspection stations licensed
under
division (C) of this section, and form and distribution of
any
other papers or documents necessary or convenient to the
program.
The rules shall include, without limitation, the
requirement that
all inspection certificates bear a statement
that reads: "This
automobile inspection is the result of
requirements under the
Clean Air Act Amendments enacted by the
United States Congress.
Any questions or comments you may have
about this program may be
directed to your United States senator
in care of the United
States Senate, The Capitol, Washington,
D.C. 20510 or to your
United States representative in care of
The
the United States
House of Representatives, The Capitol, Washington,
D.C. 20515."
(2) The replacement of lost or stolen certificates,
papers,
or documents;
(3) Inspection procedures and standards to be used in
motor
vehicle emissions inspections conducted under this section,
including, without limitation, a requirement that the inspections
test for carbon monoxide and hydrocarbons at idle or loaded mode
conditions; a requirement that the inspections test opacity for
particulates for diesel fueled vehicles; standards establishing
maximum allowable emissions of those pollutants, for both
gasoline
fueled and diesel fueled vehicles, for each model year
of motor
vehicles inspected; a requirement that beginning with
the 1994
model year, the inspections utilize the on-board
diagnostic
computer links mandated by the
"Clean Air Act
Amendments";
requirements governing the computerized exhaust
analyzer system to
be used by any contractor conducting
inspections and any licensees
conducting reinspections; tampering
parameter inspection
procedures and standards to be used in the
visual anti-tampering
portion of an inspection conducted under
this section;
requirements governing the engine tune-up that
shall be performed
on any motor vehicle that fails an inspection
conducted under this
section, including, without limitation,
requirements that specific
items be checked and repaired,
replaced, or adjusted as necessary
to restore the motor vehicle
to proper working order or
specifications; tailpipe emissions
improvement requirements
specified by percentage; a waiver repair
verification system; and
any other necessary waiver procedures
for motor vehicles that fail
an inspection under this section;
(4) A system for the maintenance and reporting of
inspection
and reinspection station data and records;
(5) The manner of identifying exempt vehicles;
(6) Inspection, and supervision thereof, of fleets and
governmental vehicles under divisions (G) and (H) of this
section;
(7) Establishment of specifications for an identification
sign that reinspection stations licensed under division (C) of
this section shall display in a conspicuous manner;
(8) The issuance of motor vehicle inspection certificates
only to reinspection stations licensed under division (C) of this
section that continue to comply with this section;
(9) The surveillance of reinspection stations licensed
under
division (C) of this section and of inspection stations
operated
by any contractor hired to conduct inspections under
this section
to ensure that quality testing and this section and
rules adopted
under it are being adhered to throughout the
inspection and
reinspection process;
(10) The information to be included in applications for
licenses filed under division (C) of this section and the
procedure for filing those applications;
(11) The establishment of a referee inspection system by
the
director to resolve disagreements between owners of motor
vehicles
and inspection and reinspection stations regarding
inspection and
reinspection results, including, without
limitation, procedures
for the collection of an inspection fee
that a referee inspection
station may charge for any motor
vehicle inspection conducted by
it. The fee shall not exceed the
amount of the inspection or
reinspection fee paid by the owner of
the motor vehicle
established under division (D)(7) of this
section for the original
inspection or a reinspection of the
motor vehicle under this
section.
(12) The locations of computerized, high-volume,
contractor-operated motor vehicle inspection stations conducting
inspections for the purposes of this section. The rules shall
require both of the following:
(a) In urban metropolitan statistical areas and
consolidated
metropolitan statistical areas, as defined by the
bureau of the
census in the United States department of commerce,
eighty per
cent of the population that is subject to this section
be no more
than five miles from an inspection station and one
hundred per
cent of that population be no more than ten miles
from an
inspection station;
(b) In rural areas, as defined by the bureau of the census
in the United States department of commerce, one hundred per cent
of the population that is subject to this section be no more than
fifteen miles from an inspection station.
(13) A requirement that contractor-operated inspection
stations conducting inspections under this section be in
operation
for at least forty-five hours per week, which shall
include,
without limitation, operating hours in the evening and
on
Saturdays;
(14) A requirement that any contractor hired to conduct
inspections under this section not allow vehicle waiting time to
exceed an average of fifteen minutes and the establishment of
minimum performance penalties for failure to comply with that
requirement;
(15) An adequate queuing area, as determined by the
director, at each contractor-operated inspection station
conducting inspections under this section. The rules adopted
under division (B)(15) of this section shall not arbitrarily
discriminate against any person who can reasonably be expected to
submit a proposal under this section for any contract provided
for
in division (D) of this section.
(16) Conditions for the suspension and revocation of
licenses and inspector certifications issued under this section;
(17) The commencement date of the basic motor vehicle
inspection and maintenance program established under this section
shall be July 1, 1994, in all affected counties classified as
moderate nonattainment for carbon monoxide or ozone under the
"Clean Air Act Amendments" on
the effective date of this
amendment
September
27, 1993, other than Cuyahoga
county. The commencement
date of
the enhanced program in a county so classified as moderate
nonattainment for carbon monoxide or ozone on
the effective date
of this amendment
September
27, 1993, for which
the implementation
and supervision of
the enhanced program was requested under
section 3704.142 of the
Revised Code shall be January 1, 1995.
The
commencement date of
the program in any other affected
counties,
other than Cuyahoga
county, shall be the date
established by the
director.
(18) A requirement that reinspections under the enhanced
motor vehicle inspection and maintenance program be conducted
only
by a contractor hired to conduct inspections under this
section;
(19) A requirement that each inspection station operated
by
a contractor, each licensed reinspection station, and each
referee
inspection station, prominently display in a location
that is
readily visible to persons whose motor vehicles are being
tested
pursuant to this section a sign that contains the same
language
that is required to be printed on inspection
certificates under
division (B)(1) of this section;
(20) Procedures that are necessary for the inspection of
motor vehicles that are registered biennially under division
(A)(1)(b) of section 4503.103 of the Revised Code.
(C)(1) The director of environmental protection shall
issue
licenses for reinspection stations for the purposes of the
basic
motor vehicle inspection and maintenance program
established under
this section for two-year periods, except that
for the initial
license period for any station, the director may
issue the license
for a period not to exceed five years. The
director may include
terms and conditions as part of any license
issued to ensure
compliance with this section and rules adopted
under it.
The director may issue a license for each reinspection
station for which an application is filed that complies with this
section and rules adopted under it. Each application shall
include both of the following:
(a) A nonrefundable fee of one hundred dollars for each
initial license or a nonrefundable fee of fifty dollars for
renewal of any license;
(b) A demonstration that the reinspection station will
comply with this section and the director's rules adopted under
it.
(2) Each licensee shall conduct reinspections as required
by
the director's rules. The licensee shall provide an
inspection
certificate for vehicles that pass a reinspection
under this
section.
(3) A licensee shall charge the fee under the basic
program
that is established under division (D)(7) of this section
for any
reinspection performed by the licensee under this
section.
(4) A licensee may charge each person for services.
However,
fees for reinspection shall be separately stated from
any other
charge to the person.
(5) No licensee shall require as a condition of performing
a
reinspection that any needed repairs or adjustments to a
vehicle
be done by the licensee.
(6) A licensee shall maintain and make available for
inspection by the director or the director's authorized
representative
accurate records as required by rules adopted under
this section.
(7) The director shall credit the moneys the
director
receives under division (C) of this section to the motor vehicle
inspection and maintenance fund created in division (I) of this
section.
(D)(1) The initial motor vehicle inspections conducted
under
the basic motor vehicle inspection and maintenance program,
and
all inspections and reinspections conducted under the
enhanced
program, required under this section shall be conducted
by one or
more private contractors. The director of
administrative services
shall issue and award contracts pursuant
to a request for proposal
process. In doing so, the director
shall consider factors in the
interest of consumers, including at
least consumer price, service
quality, service delivery time, and
convenience. The director
shall use the director's best
efforts to secure
as many proposals
as possible for each contract to be entered
into under division
(D) of this section, which shall include the
division of the state
into independent zones for the purpose of
submission of the
proposals and awarding of the contracts. Each
such zone shall
consist of a consolidated metropolitan
statistical area or, if
such an area does not exist, of a
metropolitan statistical area,
as defined by the bureau of the
census
of
in the United States
department of commerce.
Contracts awarded under division (D) of this section are
subject to section 153.012 of the Revised Code. For the purpose
of that section, the operation of the motor vehicle inspection
and
maintenance program is hereby deemed to be a public
improvement.
The director shall not enter into a contract for the
purposes
of this section with any person holding a current, valid
contract
to act as a deputy registrar under section 4503.03 of
the Revised
Code.
A contractor shall be paid from moneys generated by the
applicable inspection fee established by the director of
environmental protection under division (D)(7) of this section.
No
general revenue funds shall be used to pay any contractor. A
contractor shall assume, or in accordance with a lease required
under division (E) of this section shall provide for the
assumption of, all initial capital investment costs of the motor
vehicle inspection and maintenance program established under this
section with regard to the initial inspections and reinspections
required to be conducted by a contractor under this section and
shall amortize, or in accordance with such a lease shall provide
for the amortization of, those costs over the period of the
initial contract.
(2) The director of administrative services shall require
each potential contractor to include as a part of the potential
contractor's proposal
detailed information concerning, without
limitation, all of the
following:
(a) The financial condition of the potential contractor;
(b) Any specialized experience and technical competence of
the potential contractor in connection with the type of services
required for the program;
(c) The potential contractor's past record of performance
with other government agencies or public entities and with
private
industry, including, without limitation, such matters as
the
ability to meet schedules and the names of persons who will
serve
as references concerning the quality of the potential
contractor's
work;
(d) The capacity of the potential contractor to perform
the
work within the specified time limitations;
(e) The potential contractor's proposed method and
equipment
to accomplish the work required;
(f) The person from whom the potential contractor proposes
to lease real property, including land, buildings, and other
structures, necessary for the operation of the program as
required
in division (E) of this section, including information
concerning
at least all of the following:
(i) Any specialized experience and technical competence of
the person;
(ii) The person's past record of performance with other
government agencies or public entities and with private industry,
including the ability to meet schedules;
(iii) Names of individuals who will serve as references
concerning the quality of the person's work;
(iv) The capacity of the person to perform the work within
the specified time limitations.
(g) The potential contractor's proposed schedule for
leasing
of inspection sites, equipping of facilities, training of
personnel, and implementation of a public education program.
Each potential contractor shall include with the potential
contractor's proposal a
signed statement from the person
identified under division
(D)(2)(f) of this section indicating
that the person understands
the applicable requirements
established under this section and
rules adopted under it and
intends to comply with those
requirements.
(3) The director of administrative services shall require
a
performance bond of not less than one million dollars. Each
proposal shall be accompanied by a letter of commitment from a
bonding company stating that if the proposal is accepted, the
bonding company will issue such a bond.
(4)(a) The director of administrative services shall
review
all information submitted with proposals under division
(D)(2) of
this section for compliance with proposal
specifications. The
director may require any potential
contractor to
supplement the
potential contractor's proposal with oral
commentary for
clarification of
the proposal document and to determine the
qualifications of the
potential contractor. Any clarification of
information included
in the proposal also shall be in writing.
The
director shall
reject the proposal of any potential contractor
whom the
director determines to be unqualified.
(b) Although the director may require clarification of
information submitted with a proposal in accordance with division
(D)(4)(a) of this section, the director shall not change the
proposal specifications for a contract following the issuance of
the request for proposals for that contract.
(5)(a) The director of administrative services shall award has awarded
an initial contract for a period of operation of not more than
ten
years. Except as otherwise provided in division (D)(5)(b) of
this
section, a contract may be renewed for periods of not more
than
five years each, by mutual agreement of the director and the
contractor. Any contract awarded under division (D)(5)(a) of this
section is
subject to the approval of the controlling board.
(b) If the implementation and supervision of the enhanced
motor vehicle inspection and maintenance program in Cuyahoga
county is requested under section 3704.142 of the Revised Code
and
the initial contract for the operation of the motor vehicle
inspection and maintenance program in that county is modified to
provide for the operation of the enhanced program in that county,
the initial contract for the operation of the motor vehicle
inspection and maintenance program in that county that is in
effect on
the effective date of this amendment,
as so modified,
may be renewed for a period of not more than ten
years so that
the first renewal of that contract will expire on
the same date
as the initial contract for the operation of the
enhanced program
in the other counties in the same nonattainment
area as Cuyahoga
county. That first renewal shall be made by
mutual agreement of
the director and the contractor and is subject
to the approval of
the controlling board. Any subsequent renewals
of the contract
for the operation of the program in Cuyahoga
county are subject
to division (D)(5)(a) of this section.
(6) A contract entered into under division (D) of this
section shall include, without limitation, all of the following
provisions:
(a) A requirement that the contractor enter into a lease
with the person identified in the contractor's proposal under
division (D)(2)(f) of this section for real property, including
land, buildings, and other structures, necessary for the
operation
of the program as required in division (E) of this
section;
(b) A requirement that the contractor provide any
equipment,
parts, tools, services, personnel, supplies,
materials, and
program software and software updates, and design
and implement a
comprehensive public information program,
necessary to conduct
motor vehicle inspections and reinspections
required to be
conducted by a contractor under this section and
data
communication links for reinspection stations licensed under
division (C) of this section;
(c) A provision allowing reasonable compensation, as
determined by the director of environmental protection, as
liquidated damages to the contractor if the motor vehicle
inspection and maintenance program established under this section
is terminated by law or its operation is discontinued during the
term of a contract or renewal, including, without limitation,
reasonable compensation for the unamortized costs of the
buildings, improvements, equipment, parts, tools, services,
supplies, and materials used by the contractor in the operation
of
the program and the value of the remaining term of the
contract to
the contractor. If a dispute arises as to the amount
of the
compensation to be paid, it shall be submitted to and
determined
by the court of claims under Chapter 2743. of the
Revised Code.
The contractor shall remit any compensation so
received for the
unamortized costs of the buildings and
improvements to the person
with whom the contractor has entered
into a lease in accordance
with division (E) of this section.
(d) A provision specifying that the forms for inspection
certificates are to be furnished by the contractor to the
director
of environmental protection and that they shall conform
to the
standards established by the director of environmental
protection
in rules adopted under division (B)(1) of this
section. The
director of environmental protection shall
distribute the
inspection certificates to reinspection stations
licensed under
division (C) of this section as needed.
(e) A provision allowing the director to require the
contractor to upgrade testing equipment in response to
improvements in technology and to negotiate reasonable
compensation for that upgrading.
(7) The director of environmental protection shall
establish
inspection and reinspection fees to be paid by owners
of motor
vehicles inspected under this section, provided that an
owner
shall pay the inspection fee for the initial, annual, or
biennial
inspection, as appropriate, only if the owner's vehicle
passes
that inspection. The fees shall be sufficient to provide the
contractor's compensation identified in any contract entered into
under division (D) of this section plus the costs of the
environmental protection agency in implementing and administering
the motor vehicle inspection and maintenance program established
in this section. The inspection and reinspection fees shall not
differ in amount and shall not exceed ten dollars and fifty cents
under the basic motor vehicle inspection and maintenance program
or twenty-five dollars under the enhanced program. The director,
during the term of a contract or renewal, may increase the
inspection and reinspection fees if the director determines
that
it is
necessary to cover costs of the program, including increased
costs resulting from any upgrading of testing equipment pursuant
to division (D)(6)(e) of this section, or to prevent a possible
breach of contract, but shall not increase the fees above ten
dollars and fifty cents under the basic program or twenty-five
dollars under the enhanced program.
(8) The contractor shall do both of the following:
(a) Collect the fees established under division (D)(7) of
this section and forward to the director of environmental
protection the portion due the environmental protection agency;
(b) Maintain and make available for inspection by the
director of environmental protection, the auditor of state, or
their authorized representatives accurate records concerning the
collection of the fees. For the purposes of division (D)(8)(b)
of
this section, record-keeping and accounting practices shall be
approved by the director. Failure to maintain or falsification
of
fee collection records is grounds for breach of contract.
(9) The director of environmental protection shall credit
the moneys the director receives under division
(D)(8)(a) of this
section to the motor vehicle inspection and maintenance fund
created in division (I) of this section.
(10) A contractor shall maintain and make available for
inspection by the director of environmental protection or the
director's authorized representative accurate records as required
by rules
adopted under this section.
(11) If a contractor fails to perform an obligation
imposed
by the contract entered into under division (D) of this
section,
the director of environmental protection shall request
the
attorney general to bring a civil action to recover the
amount of
the bond executed under division (D)(3) of this section
as well as
other appropriate relief. The director shall deposit
any moneys
recovered in such a civil action in the motor vehicle
inspection
and maintenance fund created in division (I) of this
section.
(12) The director of environmental protection shall
compile
and periodically revise lists of reinspection stations
licensed
under division (C) of this section and located within
individual
areas that are subject to the basic motor vehicle
inspection and
maintenance program under this section. Each such
list also shall
contain the locations of inspection stations
operated by a
contractor within the applicable area. A
contractor shall provide
the appropriate list to any owner whose
motor vehicle fails the
initial inspection required under this
section.
(13) The director of environmental protection shall
compile
and periodically revise lists of inspection stations
operated by a
contractor located within individual areas subject
to the enhanced
motor vehicle inspection and maintenance program
under this
section. A contractor shall provide the appropriate
list to any
owner whose motor vehicle fails the initial
inspection required
under this section.
(14) No owners, officers, or employees of a contractor
submitting a proposal or awarded a contract under division (D) of
this section shall have a principal interest in the person
identified by the contractor under division (D)(2)(f) of this
section or in any reinspection station licensed under division
(C)
of this section.
(15) The department of administrative services may issue
to
the environmental protection agency a release and permit under
section 125.06 of the Revised Code pursuant to which that agency
may issue and award a contract or contracts under division (D) of
this section. If a release and permit is issued, any reference
to
the director of administrative services under divisions (D)
and
(E) of this section is deemed to be a reference to the
director of
environmental protection.
(E)(1) Notwithstanding section 3704.01 of the Revised
Code,
as used in division (E) of this section, "person" has the
same
meaning as in section 1.59 of the Revised Code.
(2) In order to fulfill the requirements of this section
and
to comply with the
"Clean Air Act Amendments," any
contractor
that
is awarded one or more contracts under division (D) of this
section shall enter into one or more assignable and renewable
leases with another person for the rental and use of real
property, including land, buildings, and other structures.
(3) The director of administrative services shall require
a
contractor to make assignments of all leases under which the
contractor is lessee for real property to another contractor
awarded a contract under division (D) of this section. The
director shall require any contractor that is awarded a
subsequent
contract under that division to renew the lease into
which the
contractor entered under division (E)(2) of this
section, or, if a
different contractor is awarded such a
subsequent contract, the
director shall require that contractor
to enter into a lease with
the person who was the lessor of the
previous contractor.
(F)(1)(a) Except as otherwise provided in this section and
rules adopted under it, the owner of any self-propelled motor
vehicle the district of registration of which is or is located in
a county that is subject to this section shall have the vehicle
inspected annually, within three hundred sixty-five days prior to
the registration deadline established pursuant to rules adopted
under section 4503.101 of the Revised Code, by a contractor in
accordance with rules adopted under division (B)(3) of this
section if that county is subject to the basic motor vehicle
inspection and maintenance program pursuant to rules adopted
under
that division or shall have the vehicle so inspected
biennially
within three hundred sixty-five days prior to the
registration
deadline so established if that county is subject to
the enhanced
program pursuant to those rules. If the district of
registration
of the motor vehicle is or is located in a county
that is subject
to the enhanced program pursuant to rules adopted
under division
(B)(3) of this section, the owner of the motor
vehicle shall have
it inspected and, if necessary, reinspected
only in a county that
is subject to the enhanced program under
those rules. Any motor
vehicle that fails the inspection shall
be reinspected in
accordance with rules adopted under that
division. If the owner's
vehicle passes the inspection or any
reinspection, the owner, at
the time of the inspection or
reinspection, shall pay the
applicable fee established under
division (D)(7) of this section.
An
An owner of a motor vehicle the
district of registration of
which is or is located in a county
that is subject to the basic
program under this section and for
which a multi-year registration
is in effect under
division (A)(1)(a) of section
4503.103 of the
Revised Code or rules adopted under it, in each
of the years
intervening between the year of the issuance of that
registration
and its expiration, shall have the vehicle inspected
annually
within the three hundred sixty-five days prior to the
anniversary
of the registration deadline applicable in the year
in which the
multi-year registration was issued. An owner of a
motor vehicle
the district of registration of which is or is
located in a county
that is subject to the enhanced program under
this section for
which a multi-year registration is in effect
under
division
(A)(1)(a) of section 4503.103 of the Revised Code or rules adopted
under
it, biennially during the years intervening between the year
of
issuance of that registration and its expiration, shall have
the
vehicle inspected within three hundred sixty-five days prior
to
each of the biennial anniversaries of the registration deadline
applicable in the year in which the multi-year registration was
issued.
An
An owner of a motor vehicle the district of registration of
which is or is located in a county that is subject to a basic or
enhanced program under this section who has voluntarily chosen to
register the vehicle biennially in accordance with division
(A)(1)(b) of section 4503.103 of the Revised Code shall have the
vehicle inspected annually or biennially, as applicable, in
accordance with rules adopted under this section.
An owner who registers a motor vehicle after the
registration
deadline for the vehicle has passed in a year in
which the vehicle
is required to be inspected under division
(F)(1)(a) of this
section may have the vehicle inspected at any
time between the
registration deadline and the actual
registration date.
Division (F)(1) of this section does not require the
inspection of a motor vehicle upon transfer of ownership or
possession.
Except as otherwise provided in division (F)(3) or (4) of
this section, proof that an inspection certificate was issued for
a motor vehicle during the previous twelve months shall be
provided before the registrar of motor vehicles may issue license
plates for that vehicle under section 4503.40 or 4503.42 of the
Revised Code.
The owner of any motor vehicle that is required to be
inspected under this section, but that is leased to another
person
may require the lessee to have the vehicle inspected and
obtain
the inspection certificate on behalf of the owner.
(b) If a vehicle required to be inspected passes the
inspection, the contractor shall give the owner an inspection
certificate for the vehicle.
(c) The contractor shall include as part of the inspection
required under this section a visual anti-tampering inspection
that meets the requirements established by rules adopted under
division (B)(3) of this section. If the visual anti-tampering
inspection indicates that any emission control device has been
removed, modified, or impaired, the owner shall have performed on
the vehicle whatever repairs are necessary to pass the visual
anti-tampering inspection and to restore the vehicle to its
proper
condition, including, without limitation, the restoration
of any
emission control device that was removed, modified, or
impaired.
If the district of registration of the vehicle is or
is located in
a county that is subject to the basic motor vehicle inspection
and
maintenance program under this section, the owner then shall take
the
vehicle to a contractor or a licensee. If the district of
registration of the
vehicle is or is located in a county that is
subject to the enhanced program
under this section, the owner then
shall take the vehicle to a
contractor. If the contractor or
licensee
determines that the vehicle has been restored to its
proper
condition and the vehicle then passes the tailpipe
emissions
inspection required under this section, the contractor
or
licensee shall give the owner an inspection certificate for the
vehicle.
(d) Except as otherwise provided in division (F)(1)(f) of
this section, if a vehicle required to be inspected under this
section fails the inspection, and the contractor's visual
anti-tampering inspection conducted under division (F)(1)(c) of
this section does not reveal any removal, modification, or
impairment of an emission control device or, if the original
visual anti-tampering inspection revealed such a removal,
modification, or impairment, the vehicle again fails the tailpipe
emissions inspection after the owner has performed all necessary
repairs to restore the vehicle to its proper condition, the owner
shall have the cost of repairs necessary to pass the tailpipe
emissions inspection estimated by a repair facility, which cost
shall include the cost of an engine tune-up. If the cost of the
repairs that are necessary for the vehicle to pass the tailpipe
emissions inspection do not exceed the waiver limit for that
vehicle, the owner shall have the repairs performed on the
vehicle. The owner then shall have the vehicle reinspected
by a
contractor or licensee.
If the vehicle passes the reinspection, the contractor or
licensee shall give the owner an inspection certificate for the
vehicle. If the vehicle fails the reinspection, and the cost of
the repairs already performed on the vehicle is less than the
applicable waiver limit, the owner shall have additional repairs
performed on the vehicle in order to enable it to pass another
reinspection. If, after repairs costing at least the applicable
waiver limit have been performed on the vehicle under division
(F)(1)(d) of this section, the vehicle fails the reinspection,
but
the reinspection indicates an improvement in tailpipe
emissions of
the pollutant concerning which the vehicle initially
failed the
inspection as specified in rules adopted under
division (B)(3) of
this section and if, following the repairs, no
emission levels
increase above the standard established by rules
adopted under
that division for any pollutant concerning which
the vehicle did
not initially fail, the contractor shall give the
owner an
inspection certificate for the vehicle that includes a
waiver
indicating that the vehicle did not pass the required
inspection,
but that the owner had repairs costing at least the
applicable
waiver limit performed on the vehicle.
For the purposes of divisions (F)(1)(d) to (f) of this
section, only a contractor may do either of the following:
(i) Issue inspection certificates that include waivers;
(ii) Notwithstanding any provision of those divisions,
conduct reinspections of vehicles the district of registration of
which is or is located in a county that is subject to the
enhanced
program under this section.
(e) Except as otherwise provided in division (F)(1)(f) of
this section, if the cost of the repairs that are necessary for
the vehicle to pass the tailpipe emissions inspection is
estimated
to be more than the applicable waiver limit, the owner
need not
have all of those repairs performed on the vehicle, but
shall have
an engine tune-up performed on the vehicle that meets
the
standards established by rules adopted under division (B)(3)
of
this section as well as any other necessary repairs the cost
of
which, together with the cost of the engine tune-up, equals at
least the applicable waiver limit. Upon the owner's presentation
of original repair receipts attesting that repairs costing at
least the applicable waiver limit, including, without limitation,
the engine tune-up required under division (F)(1)(e) of this
section, have been performed on the vehicle, the contractor or
licensee shall reinspect the vehicle to determine the
effectiveness of the required engine tune-up. If the
reinspection
indicates an improvement in tailpipe emissions of
the pollutant
concerning which the vehicle initially failed the
inspection as
specified in rules adopted under division (B)(3) of
this section
and if, following the engine tune-up, no emission
levels increase
above the standard established by rules adopted
under that
division for any pollutant concerning which the
vehicle did not
initially fail, the contractor shall
give the owner an inspection
certificate for the vehicle that
includes a waiver indicating that
the vehicle did not pass the
required inspection, but that the
owner complied with all
requirements governing waivers.
(f) If a vehicle required to be inspected under this
section
fails the inspection, and the contractor's visual
anti-tampering
inspection conducted under division (F)(1)(c) of
this section does
not reveal any removal, modification, or
impairment of an emission
control device or, if the original
visual anti-tampering
inspection revealed such a removal,
modification, or impairment,
the vehicle again fails the tailpipe
emissions inspection after
the owner has performed all necessary
repairs to restore the
vehicle to its proper condition, the owner
may perform the repairs
necessary for the vehicle to pass
the tailpipe emissions
inspection. The owner shall keep a
detailed record of the costs
incurred in performing those
repairs. After performing repairs on
the vehicle costing not
more than the applicable waiver limit, the
owner shall have the
vehicle reinspected by the contractor or a
licensee.
If the vehicle passes the reinspection, the contractor or
licensee shall give the owner an inspection certificate for the
vehicle. If the vehicle fails the reinspection and the
documented
cost of the repairs performed by the owner is less
than the
applicable waiver limit, the owner shall have the cost
of repairs
necessary to pass the tailpipe emissions inspection
estimated by a
repair facility. The estimate shall include,
without limitation,
the cost of an engine tune-up that meets the
standards established
by rules adopted under division (B)(3) of
this section. If the
cost of the engine tune-up, together with
the documented cost of
the repairs performed by the owner, does
not exceed the applicable
waiver limit, the owner shall have the
engine tune-up performed on
the vehicle as well as any other
necessary repairs the cost of
which, together with that
documented cost and the cost of the
engine tune-up, equals at
least the applicable waiver limit.
If the documented cost of repairs performed by the owner
and
the estimated cost of an engine tune-up that meets the
standards
established in rules adopted under division (B)(3) of
this section
exceed the applicable waiver limit, the owner shall
have
additional repairs performed on the vehicle by a repair
facility
in order to enable it to pass another reinspection or
until a
minimum expenditure equal to the applicable waiver limit
is met,
whichever occurs first.
If, after repairs costing at least the applicable waiver
limit have been performed on the vehicle under division (F)(1)(f)
of this section, the vehicle fails the tailpipe reinspection, but
the reinspection indicates an improvement in the tailpipe
emissions of the pollutant concerning which the vehicle initially
failed the inspection as specified in rules adopted under
division
(B)(3) of this section and if, following the repairs, no
emission
levels increase above the standard established by rules
adopted
under that division for any pollutant concerning which
the vehicle
did not initially fail, the contractor shall give the
owner an
inspection certificate for the vehicle that includes a
waiver
indicating that the vehicle did not pass the required
inspection,
but that the owner performed or had performed on the
vehicle
repairs costing at least the applicable waiver limit.
(g) If a motor vehicle that is required to be inspected
under this section is covered by a valid and unexpired emission
performance warranty as provided under section 207(b) of the
"Clean Air Act Amendments," the owner shall have any repairs
necessary for the vehicle to pass that inspection performed on
the
vehicle under that warranty. Such a vehicle is not eligible
for a
waiver under division (F)(1)(d), (e), or (f) of this
section.
(2) An owner or lessee of a motor vehicle required to be
inspected under this section and applicable rules adopted under
it
shall present an inspection certificate issued for that
vehicle by
a contractor or a licensee under this section when
registering the
vehicle under Chapter 4503. of the Revised Code.
(3) The following motor vehicles are exempt from the
inspection requirements of this section and applicable rules
adopted under it:
(a) Vehicles over twenty-five years old, as determined by
model year, on the date on which proof of an annual inspection
otherwise would be required to be submitted with an application
for registration of the vehicles under this section and Chapter
4503. of the Revised Code;
(b) Vehicles registered to military personnel assigned to
military reservations outside this state, the district of
registration of which is or is located in any county that is
subject to this section;
(c) Passenger cars and noncommercial motor vehicles, as
defined in section 4501.01 of the Revised Code, that weigh over
ten thousand pounds gross vehicle weight;
(d) Commercial cars, as defined in section 4501.01 of the
Revised Code, having a taxable gross vehicle weight of more than
ten thousand pounds as provided in section 4503.042 of the
Revised
Code;
(e) Historical vehicles registered under section 4503.181
of
the Revised Code;
(f) Licensed collector's vehicles as defined in section
4501.01 of the Revised Code;
(g) Parade and exhibition vehicles registered under
section
4503.18 of the Revised Code;
(h) Motorcycles as defined in section 4511.01 of the
Revised
Code;
(i) Electrically powered and alternatively fueled
vehicles,
including at least those that are equipped to operate
using
primarily one hundred per cent propane, butane, hydrogen,
alcohol,
or natural gas as fuel;
(j) Recreational vehicles as defined in section 4501.01 of
the Revised Code.
(4) A motor vehicle, the legal title to which has never
been
transferred by a manufacturer, distributor, or dealer to an
ultimate purchaser as defined in section 4517.01
of the Revised
Code, is exempt from the inspection requirements
of this section
and rules adopted under it for a period of one
year five years commencing on
the date when the first certificate of title
to the vehicle was
issued on behalf of the ultimate purchaser
under Chapter 4503. of
the Revised Code if the district of
registration of the vehicle is
or is located in a county that is
subject to the basic motor
vehicle inspection and maintenance
program under this section and
rules adopted under it or is
exempt from those inspection
requirements for a period of two
years commencing on the date when
the first certificate of title
to the vehicle was issued on behalf
of the ultimate purchaser
under that chapter if the district of
registration of the vehicle
is or is located in a county that is
subject to the enhanced
program under this section and rules
adopted under it. A motor vehicle
that is exempt from
the motor vehicle inspection and maintenance program for a
period
of five years under division (F)(4) of this section remains
exempt
during that five-year period regardless of whether legal title to
the
motor vehicle is transferred during that period.
(5) The director shall notify, by mail, the owners of all
motor vehicles, the district of registration of which is or is
located in any county that is subject to this section, of the
applicable requirements established under this section.
(G) The owner of
a fleet of twenty-five or more vehicles
required to be inspected under this
section, instead of having the
owner's motor vehicles inspected by a
contractor or reinspected by
a contractor or a licensee, may
conduct self-inspection of those
vehicles in accordance with rules adopted by
the director of
environmental protection under this section. The rules shall
establish, without limitation, requirements governing inspections
and reinspections conducted by any such owner, any inspection
stations owned and operated by any such owner for that purpose,
and inspection equipment used for that purpose; an annual
reporting requirement to assist the director in determining
compliance with this division; and the method of and procedures
for payment of a fee that shall not exceed three dollars for each
vehicle that is included in the self-inspection program.
(H) The federal government, the state, any political
subdivision, and any agency or instrumentality of those entities,
in accordance with rules adopted by the director of environmental
protection under this section, shall have inspected by a
contractor or reinspected by a contractor or a licensee or shall
self-inspect any motor vehicles that they own and operate in any
county that is subject to this section. The director shall adopt
rules under this section for the purposes of this division. The
rules shall establish, without limitation, an annual reporting
requirement to assist the director in determining compliance with
this division. The director may issue a notice of violation to a
governmental entity that the director finds has violated any
specific prohibition or has failed to comply with any affirmative
requirement of this section or any rule adopted under it. The
notice of violation shall set forth the specific violation or
failure to comply allegedly committed by the governmental entity
and shall be accompanied by an order requiring the governmental
entity to pay to the director the appropriate civil penalty
prescribed in this division. A governmental entity that receives
a notice of violation and order under this division for a
violation or failure to comply is liable for a civil penalty of
two hundred fifty dollars. The director may request the attorney
general to take appropriate action to effect compliance.
Notwithstanding division (A) of this section, as used in this
division, "motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(I) There is hereby created in the state treasury the
motor
vehicle inspection and maintenance fund, which shall
consist of
moneys received by the director under this section and
section
3704.17 of the Revised Code. The director shall use
moneys in the
fund solely for administration, supervision, and
enforcement of
the program established under this section and
rules adopted under
it and public education concerning the
program.
(J) The director periodically shall review the information
submitted to the director by licensed reinspection stations
pursuant to
rules adopted under division (C)(6) of this section,
information
submitted to the director by any contractor under
division
(D)(10) of this
section, annual reports submitted by
motor vehicle fleet owners
under division (G) of this section and
rules adopted under that
division, and the list of motor vehicles
for which multi-year
registrations are in effect provided to the
director under
division
(I)(2)(b) of section 4503.10 of the
Revised Code, as necessary to
determine whether owners of motor
vehicles who have obtained
multi-year registrations under section
4503.103 of the Revised
Code or rules adopted under it have
complied with the requirement
of division (F)(1)(a) of this
section to have their vehicles
inspected and obtain inspection
certificates for them annually or
biennially, whichever is
applicable. If the director finds from
that information that, in
a year intervening between the years of
issuance and expiration of
a multi-year registration in which an
owner is required to have a
vehicle inspected and obtain an
inspection certificate for it
under that division, the owner has
not done so within the
applicable three hundred sixty-five day
period, the director
immediately shall send written notice of that
fact to
the
registrar of motor vehicles. Upon receipt of information
submitted pursuant to rules adopted under division (C)(6) of this
section, information submitted under division (D)(10) of this
section, or the annual report of a fleet owner submitted pursuant
to rules adopted under division (G) of this section indicating
that an owner who was the subject of an earlier notice to the
registrar under this division has had the vehicle named in the
notice inspected and has obtained an inspection certificate for
it
in compliance with division (F)(1)(a) of this section, the
director immediately shall send written notice of that fact to
the
registrar.
(K)(1)(a) If a redesignation request demonstrating
compliance with the national ambient air quality standard for
carbon monoxide or ozone in a county designated as nonattainment
for carbon monoxide or ozone and demonstrating that operation of
a
motor vehicle inspection and maintenance program is not
necessary
for attainment and maintenance of those standards in
that county
has been submitted to and is pending before the
United States
environmental protection agency under the
"Clean
Air Act
Amendments," and if no release and permit has been issued
to the
environmental protection agency under division
(D)(14)(15) of
this
section and section 125.06 of the Revised Code, the director
of
environmental protection may submit a written request to the
director of administrative services to indefinitely delay the
issuance of a request for proposals or the award of a contract
under division (D) of this section for the operation of a motor
vehicle inspection and maintenance program in that county or, if
such a request for proposals has been issued under that division,
to withdraw it. Upon receipt of such a written request from the
director of environmental protection, the director of
administrative services shall take the requested actions.
(b) If a release and permit has been issued to the
environmental protection agency under division (D)(14)(15) of
this
section and section 125.06 of the Revised Code, the director of
environmental protection may indefinitely delay the issuance of a
request for proposals and award of a contract under division (D)
of this section for the operation of a motor vehicle inspection
and maintenance program or may withdraw any such request that has
been issued under that division in connection with a county for
which a redesignation request making the demonstrations described
in division (K)(1)(a) of this section has been submitted to and
is
pending before the United States environmental protection
agency
under the
"Clean Air Act Amendments."
(c) If no release and permit has been issued to the
environmental protection agency under division (D)(14)(15) of
this
section and section 125.06 of the Revised Code, the director of
environmental protection may submit a written request to the
director of administrative services to proceed with the issuance
of a request for proposals and the award of a contract for the
operation of a motor vehicle inspection and maintenance program
under division (D) of this section in a county for which a
redesignation request described in division (K)(1)(a) of this
section was submitted to the United States environmental
protection agency or, if such a release and permit has been
issued
to the environmental protection agency, the director of
environmental protection may proceed with the issuance of such a
request under either of the following circumstances:
(i) Upon disapproval of the redesignation request by the
United States environmental protection agency;
(ii) Upon approval of the redesignation request by the
United States environmental protection agency if the director of
environmental protection determines that operation of a motor
vehicle inspection and maintenance program in the county is
necessary to protect and maintain compliance with the national
ambient air quality standard for carbon monoxide or ozone in the
county.
If no such release and permit has been issued to the
environmental protection agency, the director of administrative
services, upon receipt of a written request from the director of
environmental protection under division (K)(1)(c) of this
section,
shall take the requested actions.
(2) If at any time air quality monitoring data in any
county
where a motor vehicle inspection and maintenance program
is
required under this section and rules adopted under it
demonstrate
that that county has attained and maintained
compliance for three
consecutive years with the national ambient
air quality standard
for carbon monoxide or ozone under the
"Clean Air Act Amendments,"
the director, at the earliest
possible date, shall prepare and
submit to the administrator of
the United States environmental
protection agency a demonstration
that such attainment has been so
achieved and maintained in that
county. If the administrator
approves the director's submittal
as demonstrating that compliance
with the national ambient air
quality standard for carbon monoxide
or ozone under that act has
been achieved and maintained in the
county and if the director
determines that continued operation of
a motor vehicle inspection
and maintenance program in the county
is not necessary to protect
and maintain compliance with the
national ambient air quality
standard for carbon monoxide or
ozone, the director may rescind
the rules adopted under division
(B) of this section requiring
implementation and operation of the
program in that county. A
rescission shall take effect in such a
county on the date of the
expiration of the contract or renewal
thereof provided for in
division (D) of this section that next
succeeds the
administrator's approval of the demonstration in that
county.
(L) There is hereby created the motor vehicle inspection
and
maintenance program legislative oversight committee, which
shall
be comprised of six members. The speaker of the house of
representatives shall appoint three members of the house of
representatives to the committee, not more than two of whom shall
be from any one political party, and the president of the senate
shall appoint three members of the senate to the committee, not
more than two of whom shall be from any one political party. Each
member
shall serve at the pleasure of the member's appointing
authority. During the first year of any legislative session, the
chairman
chairperson of the committee shall be a member from the
house of
representatives and the
vice-chairman
vice-chairperson
shall be
a member from the senate, as designated by their
appointing authorities.
During the second year of any legislative
session, the
chairman
chairperson shall be a member from the
senate and the
vice-chairman
vice-chairperson shall be a member
from the house
of representatives, as designated by their
appointing authorities.
The committee shall monitor the motor vehicle inspection
and
maintenance program established under this section and, in
doing
so, shall work in complete cooperation with the Ohio
environmental
protection agency and the United States
environmental protection
agency. The former agency shall provide
to the committee any
data, reports, and other information and
materials requested by
the committee.
The director shall notify the committee whenever the
program
established under this section is required to be
implemented in a
county because of a change in that county's
nonattainment
classification under the
"Clean Air Act
Amendments"
or if an
enhanced program is required to be implemented in a
county under
section 3704.142 of the Revised Code.
If at any time the program established under this section
is
terminated, the committee shall cease to exist on the date of
termination.
(M) Implementation of the motor vehicle inspection and
maintenance program established under this section is an
essential
state function mandated by the
"Clean Air Act
Amendments." The
director or the director's authorized
representative may
perform
essential governmental duties that are necessary to
implement the
program properly within any county that is subject
to this
section, including at least the placement of directional
traffic
signs to assist citizens in finding inspection stations. The
director or the director's authorized representative
need not
comply
with any applicable ordinances or resolutions of any
political
subdivisions if that compliance would prevent the
director or
the director's authorized representative from
performing any such
essential governmental duties.
Sec. 3704.143. (A) As used in this section, "contract"
means
a contract entered into by the state under section 3704.14
of the
Revised Code with a private contractor for the purpose of
conducting emissions inspections under a motor vehicle inspection
and maintenance program.
(B) Notwithstanding division (D)(5) of section 3704.14 of
the Revised Code, the director of administrative services or the
director
of environmental protection, as applicable, shall not
renew any
contract that is in existence on
the effective date of
this
section
September 5, 2001. Further, the director of administrative services or
the
director of environmental protection, as applicable, shall not
enter into a new contract upon the expiration or termination of
any contract that is in existence on
the effective date of this
section
September 5, 2001, or enter into any new contract for the implementation of a motor vehicle inspection and maintenance program in a county in which such a program is not operating on that date.
(C) Notwithstanding section 3704.14 of the Revised Code or
any other section of the Revised Code that requires emissions
inspections to be conducted or proof of such inspections to be
provided, upon the expiration or termination of all contracts that
are in existence on
the effective date of this section
September 5, 2001, the
director of environmental protection shall terminate all motor
vehicle inspection and maintenance programs in this state and
shall not implement a new motor vehicle inspection and maintenance
program unless this section is repealed and such a program is
authorized by the general assembly.
Sec. 4501.061. There is hereby created in the state treasury the state highway patrol fund. Moneys in the fund shall be used solely to defray the costs of the state highway patrol in enforcing and administering the motor vehicle and traffic laws of the state. Fees collected under division (E) of section 4503.042, division (C)(1) of section 4503.10, division (A)(3) of section 4505.09, division (B) of section 4506.08, and division (G) of section 4507.23 of the Revised Code shall be deposited in the fund.
Sec. 4501.10. (A) Except as provided in division divisions
(B) and (C) of this section, money received by the department of
public safety from the
sale of motor vehicles and related equipment pursuant to section 125.13 of the
Revised Code shall be transferred to the highway safety salvage and exchange
administration fund or highway safety salvage and exchange highway patrol fund,
as
appropriate. Such funds are hereby created in the state treasury. The money
shall be used only to purchase replacement motor vehicles and related
equipment. All investment earnings of these funds shall be credited to the
funds, respectively.
(B) Money received by the department of public safety from the
sale of motor vehicles and related equipment of the bureau of motor vehicles
pursuant to section 125.13 of the Revised Code shall be transferred to the state bureau of
motor vehicles fund created by section 4501.25 of the Revised Code.
(C) Money received by the department of public safety investigative unit established under section 5502.13 of the Revised Code from the sale of motor vehicles and other equipment pursuant to section 125.13 of the Revised Code shall be deposited into the public safety investigative unit salvage and exchange fund, which is hereby created in the state treasury. The money in the fund shall be used only to purchase replacement motor vehicles and other equipment for that unit.
Sec. 4501.21. (A) There is hereby created in the state treasury the license plate contribution fund. The fund shall consist of all contributions paid by motor vehicle registrants and collected by the registrar of motor vehicles pursuant to sections 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, and 4503.75 of the Revised Code.
(B) The registrar shall disburse the contributions the registrar collects in the fund as follows:
(1) The registrar shall pay the contributions the registrar receives pursuant to section 4503.50 of the Revised Code to the future farmers of America foundation, which shall deposit the contributions into its general account to be used for educational and scholarship purposes of the future farmers of America foundation.
(2) The registrar shall pay each contribution the registrar receives pursuant to section 4503.51 of the Revised Code to the university or college whose name or marking or design appears on collegiate license plates that are issued to a person under that section. A university or college that receives contributions from the fund shall deposit the contributions into its general scholarship fund.
(3) The registrar shall pay the contributions the registrar receives pursuant to section 4503.55 of the Revised Code to the pro football hall of fame, which shall deposit the contributions into a special bank account that it establishes and which shall be separate and distinct from any other account the pro football hall of fame maintains, to be used exclusively for the purpose of promoting the pro football hall of fame as a travel destination.
(4) The registrar shall pay the contributions the registrar receives pursuant to section 4503.561 of the Revised Code to the state of Ohio chapter of ducks unlimited, inc., which shall deposit the contributions into a special bank account that it establishes. The special bank account shall be separate and distinct from any other account the state of Ohio chapter of ducks unlimited, inc., maintains and shall be used exclusively for the purpose of protecting, enhancing, restoring, and managing wetlands and conserving wildlife habitat. The state of Ohio chapter of ducks unlimited, inc., annually shall notify the registrar in writing of the name, address, and account to which payments are to be made under division (B)(4) of this section.
(5) The registrar shall pay to a sports commission created pursuant to section 4501.32 of the Revised Code each contribution the registrar receives under section 4503.591 of the Revised Code that an applicant pays to obtain license plates that bear the logo of a professional sports team located in the county of that sports commission and that is participating in the license plate program established by section 4501.32 of the Revised Code, irrespective of the county of residence of an applicant.
(6) The registrar shall pay the contributions the registrar receives pursuant to section 4503.67 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
(7) The registrar shall pay the contributions the registrar receives pursuant to section 4503.68 of the Revised Code to the great river council of the girl scouts of the United States of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the girl scouts.
(8) The registrar shall pay the contributions the registrar receives pursuant to section 4503.69 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
(9) The registrar shall pay the contributions the registrar receives pursuant to section 4503.71 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the fees into its general account to be used for purposes of the fraternal order of police of Ohio, incorporated.
(10) The registrar shall pay the contributions the registrar receives pursuant to section 4503.711 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the contributions into an account that it creates to be used for the purpose of advancing and protecting the law enforcement profession, promoting improved law enforcement methods, and teaching respect for law and order.
(11) The registrar shall pay the contributions the registrar receives pursuant to section 4503.72 of the Revised Code to the organization known on the effective date of this section as the Ohio CASA/GAL association, a private, nonprofit corporation organized under Chapter 1702. of the Revised Code. The Ohio CASA/GAL association shall use these contributions to pay the expenses it incurs in administering a program to secure the proper representation in the courts of this state of abused, neglected, and dependent children, and for the training and supervision of persons participating in that program.
(12) The registrar shall pay the contributions the registrar receives pursuant to section 4503.73 of the Revised Code to Wright B. Flyer, incorporated, which shall deposit the contributions into its general account to be used for purposes of Wright B. Flyer, incorporated.
(13) The registrar shall pay the contributions the registrar receives pursuant to section 4503.75 of the Revised Code to the rotary foundation, located on the effective date of this section in Evanston, Illinois, to be placed in a fund known as the permanent fund and used to endow educational and humanitarian programs of the rotary foundation.
(C) All investment earnings of the license plate contribution fund shall be credited to the fund. Not later than the first day of May of every year, the registrar shall distribute to each entity described in divisions (B)(1) to (13) of this section the investment income the fund earned the previous calendar year. The amount of such a distribution paid to an entity shall be proportionate to the amount of money the entity received from the fund during the previous calendar year.
Sec. 4501.42. There is hereby created in the state treasury
the American red cross fund. The fund shall consist of the
contributions that are paid to the registrar of motor vehicles by
applicants who choose to make a voluntary contribution to the fund
under section 4503.105 of the Revised Code.
From the moneys deposited in the fund, the treasurer of state
first shall reimburse the bureau of motor vehicles for its
administrative costs incurred in performing its duties under
section 4503.105 of the the Revised Code. The treasurer then shall
pay the moneys remaining in the fund to the
greater Cleveland
chapter of the American red cross in its
capacity as the
coordinating chapter for all American red cross
chapters in this
state. The greater Cleveland chapter of the
American
red cross
shall deposit the contributions into a segregated account
to be
used for disaster services and other purposes of the American red
cross
in this state as
directed by that organization's state
service
council.
All investment earnings of the fund shall be credited to the
fund.
Sec. 4501.43. There is hereby created the juvenile diabetes research trust fund in the custody of the state treasurer. The fund shall consist of voluntary contributions that are paid to the registrar of motor vehicles or a deputy registrar by applicants for motor vehicle registration or registration renewal who choose to make a voluntary contribution to the fund under section 4503.106 of the Revised Code.
From the moneys deposited in the fund, the treasurer of state first shall reimburse the bureau of motor vehicles for its administrative costs incurred in performing its duties under section 4503.106 of the Revised Code. On the first day of each January, April, July, and October, the treasurer then shall pay all money in the fund to the juvenile diabetes research foundation international.
All investment earnings of the fund shall be credited to it.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information:
(1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number. The bureau of
motor vehicles shall retain in its records all social security
numbers provided under this section, but the bureau shall not
place social security numbers on motor vehicle certificates of
registration.
(B) Each time an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a physical
certificate of title or a memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk instead has issued an electronic
certificate of title for the applicant's motor vehicle, that
certificate may be presented for inspection at the time of first
registration in a manner prescribed by rules adopted by the
registrar. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4507.168,
or division (B)(1) of section 4521.10 of the Revised Code.
(3) A
certificate of title or memorandum certificate of
title does not
accompany
the application or, in the case of an
electronic certificate of title, is not presented in a manner
prescribed by the registrar's rules.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall indicate, by a stamp or
by other means the registrar
prescribes, on the
registration certificate issued upon the first
registration of a
motor vehicle by or on behalf of the owner the
odometer reading
of
the motor vehicle as shown in the odometer
statement included
in
or attached to the certificate of title.
Upon each subsequent
registration of the motor vehicle by or on
behalf of the same
owner, the official also shall so indicate the
odometer reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing October 1, 2003, the registrar and each deputy registrar shall collect an additional fee of eight dollars for each application for registration and registration renewal received. The additional fee is for the purpose of defraying the costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio by the state highway patrol. Each deputy registrar shall transmit the fees collected under division (C)(1) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the state highway patrol fund established in section 4501.061 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.101. (A) The registrar of motor vehicles shall
adopt rules to establish a system of motor vehicle registration
based upon the type of vehicle to be registered, the type of ownership of the vehicle, the class of license plate to be issued, and any other factor the registrar determines to be relevant. Except for commercial cars, buses, trailers, and semitrailers taxed under section 4503.042 of the Revised Code; except for rental vehicles owned by motor vehicle renting dealers; and except as otherwise provided by rule, motor vehicles owned by an individual shall be registered based upon the motor vehicle owner's date of birth. Beginning
with the 1989 2004 registration year, the registrar shall assign motor
vehicles to the registration periods established by rules adopted
under this section.
(B) The registrar shall adopt rules to permit motor
vehicle owners residing together at one address to select the
date of birth of any one of the owners as the date to register
any or all of the vehicles at that residence address, as shown in
the records of the bureau of motor vehicles.
(C) The registrar shall adopt rules to assign and reassign all commercial cars, buses, trailers, and semitrailers taxed under section 4503.042 of the Revised Code and all rental vehicles owned by motor vehicle renting dealers to a system of registration so that the registrations of approximately one-fourth of all such vehicles expire on the last day of every third month of a calendar year. To effect a reassignment from the registration period in effect on the effective date of this amendment to the new registration periods established by the rules adopted under this section as amended, the rules may require the motor vehicle to be registered for more or less than a twelve-month period at the time the motor vehicle's registration is subject to its initial renewal following the effective date of such rules. If necessary to effect an efficient transition, the rules may provide that the registration reassignments take place over two consecutive registration periods. The registration taxes to be charged shall be determined by the registrar on the basis of the annual tax otherwise due on the motor vehicle, prorated in accordance with the number of months for which the motor vehicle is registered, except that the fee established by division (E) of section 4503.042 or division (C)(1) of section 4503.10 of the Revised Code, as applicable, shall be collected in full for each renewal that occurs during the transition period and shall not be prorated.
(D) The registrar shall adopt rules to permit any person
who owns twenty two or more motor vehicles to select any single date
as the date request the registrar to permit the owner to separate the owner's fleet into up to four divisions for assignment to separate dates upon which to register the vehicles, provided that
the registrar may disapprove any selected date such request whenever he the
registrar has reason to believe that an uneven distribution of
registrations
throughout the calendar year has developed or is likely to
develop. If the registrar disapproves a date, the motor vehicle
owner shall select an alternate date for registration. Upon
agreement of the motor vehicle owner, the registrar may require
the motor vehicle owner to register the vehicles on a specific
date designated by the registrar.
(D)(E) Every owner or lessee of a motor vehicle and every chauffeur
holding a certificate of registration shall notify the registrar
in writing of any change of his residence the owner's or lessee's correct address
within ten days after the change occurs. The notification shall be
in writing on a
form provided by the registrar or by electronic means approved by the registrar and shall include the full name,
date of birth if applicable, license number, county of residence or place of business, social
security account number of an individual or federal tax identification number of a business, and new address of the person.
(F) As used in this section, "motor vehicle renting dealer" has the same meaning as in section 4549.65 of the Revised Code.
Sec. 4503.103. (A)(1)(a) The registrar of motor vehicles
may adopt
rules to permit any person or lessee, other than a
person receiving an apportioned license plate under the
international registration plan, who owns or leases ten
or
more
motor vehicles used principally in connection with any
established
business to file a written application for
registration for no
more than five succeeding registration
years. The
rules adopted
by the registrar may designate the classes of motor vehicles
that
are eligible for such registration. At the time of
application,
all annual taxes and fees shall be
paid for each year for which
the person is registering.
No
person applying for a multi-year
registration is entitled to a
refund of any taxes or fees paid.
(b) The registrar
may
shall adopt rules to permit any
person, other
than a person receiving an apportioned license plate
under the
international registration plan, who owns a motor
vehicle to file
an application for registration for the next two
succeeding
registration years.
At the time of application, the
person shall pay the annual taxes and fees for each registration
year, calculated in accordance with division (C) of section
4503.11 of the Revised Code. A person who is registering a
vehicle under division (A)(1)(b) of this section shall pay both of the following, for each year of registration:
(i) A
deputy registrar service fee as described in division (D) of
section 4503.10 of the Revised Code or a bureau of motor vehicles
service fee as described in division (G) of that section, as
applicable;
(ii) The additional fee established under division (C)(1) of section 4503.10 of the Revised Code.
(2) No person applying for a multi-year registration under
division (A)(1) of this section is entitled to a refund of any taxes or fees paid.
(3) The registrar shall not issue to any applicant who has
been
issued a final, nonappealable order under division (B) of
this
section a multi-year registration or renewal thereof under
this
division or rules adopted under it for any motor vehicle that
is
required to be inspected under section 3704.14 of the Revised
Code the district of registration of which, as determined under
section 4503.10 of the Revised Code, is or is located in the
county named in the order.
(B) Upon receipt from the director of environmental
protection of a notice issued under division (J) of section
3704.14 of the Revised Code indicating that an owner of a motor
vehicle that is required to be inspected under that section who
obtained a multi-year registration for the vehicle under division
(A) of this section or rules adopted under that division has not
obtained an inspection certificate for the vehicle in accordance
with that section in a year intervening between the years of
issuance and expiration of the multi-year registration in which
the owner is required to have the vehicle inspected and obtain an
inspection certificate for it under division (F)(1)(a) of that
section, the registrar in accordance with Chapter 119. of the
Revised Code shall issue an order to the owner impounding the
certificate of registration and identification license plates for
the vehicle. The order also shall prohibit the owner from
obtaining or renewing a multi-year registration for any vehicle
that is required to be inspected under that section, the district
of registration of which is or is located in the same county as
the county named in the order during the number of years after
expiration of the current multi-year registration that equals the
number of years for which the current multi-year registration was
issued.
An order issued under this division shall require the owner
to surrender to the registrar the certificate of registration and
license plates for the vehicle named in the order within five
days
after its issuance. If the owner fails to do so within that
time,
the registrar shall certify that fact to the county sheriff
or
local police officials who shall recover the certificate of
registration and license plates for the vehicle.
(C) Upon the occurrence of either of the following
circumstances, the registrar in accordance with Chapter 119. of
the Revised Code shall issue to the owner a modified order
rescinding the provisions of the order issued under division (B)
of this section impounding the certificate of registration and
license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection
of
a subsequent notice under division (J) of section 3704.14 of
the
Revised Code that the owner has obtained the inspection
certificate for the vehicle as required under division (F)(1)(a)
of that section;
(2) Presentation to the registrar by the owner of the
required inspection certificate for the vehicle.
(D) The owner of a motor vehicle for which the certificate
of registration and license plates have been impounded pursuant
to
an order issued under division (B) of this section, upon
issuance
of a modified order under division (C) of this section,
may apply
to the registrar for their return. A fee of two
dollars and fifty
cents shall be charged for the return of the
certificate of
registration and license plates for each vehicle
named in the
application.
Sec. 4503.105. In addition to the fees collected
under
sections 4503.10 and 4503.102 of the
Revised
Code, the registrar
of motor vehicles or deputy
registrar shall ask each person
applying for
or renewing a motor vehicle registration whether the
person
wishes to make a one-dollar voluntary contribution to
the
American red cross fund created in section
4501.42 of the
Revised
Code. Every application for
registration or renewal notice shall
include an option for
the owner of the motor vehicle to make a
one-dollar
voluntary contribution to the American red cross fund
created in that section.
All donations collected under this section during each
calendar quarter
shall be forwarded by the registrar to the
treasurer of
state, who
shall
deposit them into the American red
cross fund.
Sec. 4503.106. In addition to the fees collected under sections 4503.10 and 4503.102 of the Revised Code, the registrar of motor vehicles or a deputy registrar shall ask each person applying for or renewing a motor vehicle registration whether the person wishes to make a one-dollar voluntary contribution to the juvenile diabetes research trust fund created in section 4501.43 of the Revised Code. Every application for registration or renewal notice shall include an option for the owner of the motor vehicle to make a one-dollar voluntary contribution to the juvenile diabetes research trust fund created in that section.
The registrar shall forward all donations collected under this section during each calendar quarter to the treasurer of state, who shall deposit them into the juvenile diabetes research trust fund.
Sec. 4503.11. (A) Except as provided by sections
4503.103,
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised
Code, no
person who is the owner or chauffeur of a motor vehicle
operated
or driven upon the public roads or highways shall fail
to file
annually the application for registration or to pay the
tax
therefor.
(B) Except as provided by sections 4503.12 and 4503.16 of
the Revised Code, the taxes payable on all applications made
under
sections 4503.10 and 4503.102 of the Revised Code shall be
the sum
of the tax due under division (B)(1)(a) or (b) of this
section
plus the tax due under division (B)(2)(a) or (b) of this
section:
(1)(a) If the application is made before the second month of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
tax due is the full amount of the tax provided in section 4503.04
of the Revised Code;
(b) If the application is made during or after the second
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the
Revised
Code, and prior to the beginning of the next such
registration
period, the amount of the tax provided in section
4503.04 of the
Revised Code shall be reduced by one-twelfth of
the amount of such
tax, rounded upward to the nearest cent,
multiplied by the number
of full months that have elapsed in the
current registration
period. The resulting amount shall be
rounded upward to the next
highest dollar and shall be the amount
of tax due.
(2)(a) If the application is made before the sixth month
of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
amount of tax due is the full amount of local motor vehicle
license taxes levied under Chapter 4504. of the Revised Code;
(b) If the application is made during or after the sixth
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the
Revised
Code and prior to the beginning of the next such
registration
period, the amount of tax due is one-half of the
amount of local
motor vehicle license taxes levied under Chapter
4504. of the
Revised Code.
(C) The taxes payable on all applications made under
division (A)(1)(b) of section 4503.103 of the Revised Code shall
be the sum of the tax due under division (B)(1)(a) or (b) of this
section plus the tax due under division (B)(2)(a) or (b) of this
section for the first year plus the full amount of the tax
provided in section 4503.04 of the Revised Code and the full
amount of local motor vehicle license taxes levied under Chapter
4504. of the Revised Code for the second year.
Sec. 4503.173. (A) As used in this section:
(1) "Boat trailer" means any trailer designed and used for
the transportation of no more than one watercraft.
(2) "Watercraft" means any of the following when used or
capable of being used for transportation on the water:
(a) A boat operated by machinery either permanently or
temporarily affixed;
(b) A sailboat other than a sailboard;
(c) An inflatable, manually propelled boat having a hull
identification number assigned by and meeting the requirements of
the United States coast guard;
(3) "Disabled veteran" means a person who falls into any
of the following categories:
(a) Has been determined by the United States veterans
administration to be permanently and totally disabled, receives a
pension or compensation from the veterans administration, and
received an honorable discharge from the armed forces of the
United States;
(b) Because of a service-connected disability, has been or
is awarded funds for the purchase of a motor vehicle under the
"Disabled Veterans' and Servicemen's Automobile Assistance Act of
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;
(c) Has a service-connected disability rated at one
hundred per cent by the veterans' administration.
(4) "Prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the military forces of
the United States who was captured, separated, and incarcerated
by an enemy of the United States at any time, and any regularly
appointed, enrolled, or enlisted member of the military forces of
Great Britain, France, the Union of Soviet Socialist Republics,
Australia, Belgium, Brazil, Canada, China, Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland, South Africa, or
Yugoslavia who was a citizen of the United States at the time of
the appointment, enrollment, or enlistment, and was captured,
separated, and incarcerated by an enemy of this country during
World War II.
(B) Any owner of a boat trailer who is a disabled veteran,
congressional medal of honor awardee, or prisoner of war may
apply to the registrar of motor vehicles for the registration of
the boat trailer without the payment of any registration tax and
service fee as required by sections 4503.02, 4503.10, 4503.102,
and 4503.12 of the Revised Code and without the payment of any
applicable county, township, or municipal motor vehicle license
tax levied under Chapter 4504. of the Revised Code. The
application shall be accompanied by such evidence of disability
or by such documentary evidence in support of a congressional
medal of honor as the registrar requires by rule. The
application for a registration by any person who has been a
prisoner of war shall be accompanied by written evidence in the
form of a record of separation, a letter from one of the armed
forces of the United States or other country as listed in
division (A)(4) of this section, or other evidence as the
registrar may require by rule, that the person was a prisoner of
war and was honorably discharged or is presently residing in this
state on active duty with one of the branches of the armed forces
of the United States, or was a prisoner of war and was honorably
discharged or received an equivalent discharge or release from
one of the armed forces of a country listed in division (A)(4) of
this section.
(C) Annually by the fifteenth day of January, the
registrar of motor vehicles shall determine the amount of taxes
and fees exempted from payment under division (B) of this section
and certify the amount to the director of budget and management
for reimbursement. The director shall thereupon transfer the
amount certified from the general revenue fund to the auto
registration distribution fund and the state highway safety fund
in the same proportions as would be the case if the boat trailer
registrations were not exempted from the payment of taxes and
fees under division (B) of this section. Amounts transferred to
the auto registration distribution fund under this division shall
be distributed in the manner provided by section 4501.03 of the
Revised Code.
Sec. 4503.181. (A) As used in this section, "historical
motor vehicle" means any motor vehicle that is more than
twenty-five years old and that is owned solely as a collector's
item and for
participation
in club activities, exhibitions, tours,
parades, and similar
uses, but in no event is used for general
transportation.
(B) In lieu of the annual license tax levied in sections
4503.02 and 4503.04 of the Revised Code, a license fee of
ten
dollars is levied on the operation of an historical motor
vehicle.
(C) A person who owns an historical motor
vehicle and
applies for
a license
plates
plate
under this section shall
execute an affidavit that the vehicle
for which
plates are
the
plate is requested is owned and
operated
solely for
the purposes
enumerated in division (A) of this section, and also
setting forth
in the affidavit that the vehicle has been
inspected and found
safe to operate on the public roads and highways
in the state. A
person who owns an
historical motor vehicle and desires to display
a
model year license
plates
plate on the vehicle as permitted by
this
section shall execute at the time of registration an
affidavit
setting forth that the model year license
plates
plate
the
person
desires to
display on the person's historical motor
vehicle
are
is a
legible
and serviceable license
plates
plate that
originally
were
was
issued by this state. No registration issued
pursuant to this section need
specify the weight of the vehicle.
(D) A vehicle registered under this section may display
an
historical vehicle license
plates
plate issued by the registrar
of
motor vehicles or
a model year license
plates
plate
procured by
the
applicant.
Historical
The historical vehicle license
plates
plate shall not bear
a date, but
shall bear the inscription
"Historical Vehicle--Ohio" and
the registration number, which
shall be shown thereon.
Model
The
model year
license
plates
plate
shall be
a legible and serviceable
license
plates
plate
issued by
this state and inscribed with the date of the year
corresponding
to the model year when the vehicle was
manufactured.
Notwithstanding section 4503.21 of the Revised
Code, only one
Two
model year license
plate is required to
plates may be
displayed on
the rear of the historical motor vehicle at
all
times
any time,
one plate on the front and one plate on the rear of the
vehicle.
The registration certificate and the historical vehicle license
plates
plate issued by the registrar shall be kept in the
vehicle
at all times the vehicle is operated on the public
roads and
highways in this state.
Notwithstanding section 4503.21 of the Revised Code, the
owner of an historical motor vehicle that was manufactured for
military purposes and that is registered under this section may
display the assigned registration number of the vehicle by
painting the number on the front and rear of the vehicle. The
number shall be painted, in accordance with the size and style
specifications established for numerals and letters shown on
license plates in section 4503.22 of the Revised Code, in a color
that contrasts clearly with the color of the vehicle, and shall
be
legible and visible at all times. Upon application for
registration under this section and payment of the license fee
prescribed in division (B) of this section, the owner of such an
historical
motor vehicle shall be issued
an historical vehicle
license
plates
plate. The
registration certificate and
at least
one
such
the license plate shall be kept in the vehicle at all
times the
vehicle is operated on the public roads
and highways in
this state. If
ownership of such a vehicle is transferred, the
transferor shall surrender the historical vehicle license
plates
plate
or transfer
them
it to another historical motor vehicle the
transferor
owns, and remove or obliterate the registration numbers
painted on
the
vehicle.
(E) Historical vehicle and model year license plates are
valid without
renewal as long as the vehicle for which they were
issued or procured is in existence.
Historical
An historical
vehicle
plates are
plate is issued for the owner's use only for
such vehicle
unless later transferred to another historical motor
vehicle owned by that person. In order to effect such a
transfer,
the owner of the historical motor vehicle that
originally
displayed the historical vehicle
plates
plate shall
comply
with
division (C) of this
section. In the event of a transfer of
title, the transferor
shall surrender
the historical vehicle
license
plates
plate
or transfer
them
it to another historical
motor vehicle owned
by the transferor, but
a model
year
license
plates
plate may be retained by the transferor. The
registrar
may
revoke license plates issued under this
section, for cause shown
and after hearing, for failure of the
applicant to comply with
this section. Upon revocation,
an
historical vehicle license
plates
plate shall be surrendered;
a model year license
plates
plate may be retained, but no
longer
are
is
valid for display on
the vehicle.
(F) The owner of an historical motor vehicle bearing
an
historical vehicle license
plates
plate may replace
them
it with
a
model
year license
plates
plate by surrendering the historical
vehicle
license
plates
plate and motor vehicle certificate of
registration to
the registrar. The owner, at the time of
registration,
shall execute an affidavit setting forth that the
model year
plates are
plate is a
legible and serviceable license
plates
plate that originally
were
was issued
by this state. Such
an owner is required to pay the
license fee prescribed by division
(B) of this section, but
the
owner is not required to have the
historical motor vehicle reinspected
under division (C) of this
section.
A person who owns an historical motor vehicle
bearing
a model
year
license
plates
plate may replace
them
it with
an historical
vehicle license
plates
plate by surrendering the motor vehicle
certificate of
registration and applying for issuance of
an
historical vehicle
license
plates
plate. Such a person is
required to pay the
license fee prescribed by division (B) of this
section, but
the person is not required to have the historical
motor
vehicle reinspected under division (C) of this section.
Sec. 4503.182. (A) A purchaser of a motor
vehicle, upon
application and proof of purchase of the vehicle, may be
issued
a
temporary license placard or windshield sticker for the
motor
vehicle.
The purchaser of a vehicle applying for a temporary license
placard or windshield sticker under this section shall execute an
affidavit stating that the purchaser has not been
issued
previously
during the
current registration year a license plate
that could
legally be transferred to
the vehicle.
Placards or windshield stickers shall be issued only for
the
applicant's use of the vehicle to enable
the
applicant to legally
operate the motor vehicle while proper title,
license plates, and
a certificate of registration
are being obtained, and shall be
displayed on no
other motor vehicle.
Placards or windshield stickers issued under this section
are
valid for a period of thirty days from date of
issuance
and are
not transferable or renewable.
The fee for
the placards or windshield stickers is
two
dollars plus a
deputy registrar service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three dollars and
twenty-five
cents
commencing on January 1, 2003, and three dollars
and fifty
cents
commencing on January 1, 2004, for
each
placard
issued
by a
deputy registrar.
(B) The registrar of motor vehicles may issue to a
motorized
bicycle dealer or a licensed motor vehicle dealer
temporary
license placards to be issued to purchasers for use on
vehicles
sold by the
dealer, in accordance with
rules
prescribed
by the
registrar. The dealer shall notify the
registrar, within
forty-eight hours, of
the issuance
of a
placard by
electronic
means via computer
equipment purchased and
maintained by the
dealer or in any other
manner prescribed by the
registrar.
The fee for each
placard issued by the registrar to
a
licensed motor vehicle dealer is
two dollars if the dealer notifies the registrar of the issuance of the placards by electronic means via computer equipment. The fee for each placard issued by the registrar to a licensed motor vehicle dealer is two dollars plus a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, if the dealer notifies the registrar of the issuance of the placards in a manner other than by electronic means.
When a licensed motor vehicle dealer issues a placard to the purchaser of a vehicle, the dealer shall collect and retain a fee of two dollars plus a service fee of three dollars and twenty-five cents commencing on January 1, 2003, and three dollars and fifty cents commencing on January 1, 2004.
(C) The registrar of motor vehicles, at the
registrar's
discretion, may issue a temporary license placard. Such a
placard
may
be issued in the case of extreme hardship encountered by a
citizen from this state or another state who has attempted to
comply with all registration laws, but for extreme circumstances
is unable to properly register the citizen's vehicle.
(D) In addition to the fees charged under divisions (A) and (B) of this section, commencing on October 1, 2003, the registrar and each deputy registrar shall collect a fee of five dollars for each temporary license placard issued. The additional fee is for the purpose of defraying the costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio by the state highway patrol. Each deputy registrar shall transmit the fees collected under this division in the same manner as provided for transmission of fees collected under division (A) of this section. The registrar shall deposit all moneys received under this division into the state highway patrol fund established in section 4501.061 of the Revised Code.
(E) The registrar shall adopt
rules, in accordance with
division (B) of section 111.15 of the
Revised Code, to specify the
procedures for reporting the
information from applications for
temporary license placards
and windshield stickers and for
providing the information from these
applications to law
enforcement agencies.
(E)(F) Temporary license
placards issued under this section
shall bear a distinctive combination of
seven
letters, numerals,
or letters and numerals, and shall incorporate
a security feature
that, to the greatest degree possible, prevents tampering
with any
of the information that is entered upon a placard when it is
issued.
(F)(G) As used in this section, "motorized bicycle dealer"
means any person engaged in the business of selling at retail,
displaying, offering for sale, or dealing in motorized bicycles
who is not subject to section 4503.09 of the Revised Code.
Sec. 4503.19. Upon the filing of an application for
registration and the payment of the tax for
registration, the registrar
of motor vehicles or a deputy registrar shall determine whether the owner
previously has
been issued a license plates plate for the motor vehicle
described in the application. If no license plates plate previously have has
been
issued to the owner for that motor vehicle, the registrar or deputy registrar
shall assign to the motor vehicle a distinctive number and issue
and deliver to the owner in the manner
that the registrar may
select a certificate of registration, in the form
that the
registrar shall
prescribe, and, except as otherwise provided in this section, two a
license plates, duplicates of each other, plate and a validation
sticker, or a validation
sticker alone, to be attached to the number plates license plate as
provided in section
4503.191 of the Revised Code. The registrar or deputy registrar also shall
charge the owner any fees required under division (C) of section 4503.10 of
the Revised Code. Trailers, manufactured homes, mobile homes,
semitrailers, the manufacturer thereof, the
dealer, or in transit companies therein, shall be issued one
license plate only and one validation sticker, or a validation sticker
alone, and the The license plate and validation sticker shall
be displayed
only on the rear of such vehicles. A the vehicle except that a commercial tractor that
does not receive an apportioned license plate under the
international registration plan shall be issued two display the license
plates plate and one validation sticker, and the
validation sticker shall be displayed on the front of the
commercial tractor. An apportioned vehicle receiving an
apportioned
license plate under the international registration plan shall be
issued one license plate only and one validation sticker, or a validation
sticker alone; the license plate shall be displayed only on the front of
a semitractor and on the rear of all other vehicles. School
buses shall not be issued a license plates plate but shall bear
identifying numbers in the manner prescribed by section 4511.764
of the Revised Code. The certificate of registration and license plates plate and
validation stickers sticker, or validation stickers sticker
alone, shall be issued and delivered to the owner in person or by
mail. Chauffeured limousines shall be issued a license plates plate, a
validation sticker, and a livery sticker as provided in section
4503.24 of the Revised Code. In the event of the loss,
mutilation, or destruction of any certificate of registration, or
of any license plates plate or validation stickers sticker, or if
the owner
chooses to replace the license plates plate previously issued for a motor vehicle,
or if the registration certificate and license plates plate have been
impounded as
provided by division (F)(1) of section 4507.02 and division
(A)(4) of section 4507.16 of the Revised Code, the owner of
a motor
vehicle, or manufacturer or dealer, may obtain from the
registrar, or from a deputy registrar if authorized by the registrar, a
duplicate thereof or a new license plates plate bearing a different number, if the
registrar
considers it advisable, upon filing an application prescribed by the
registrar, and upon paying a fee of one dollar for such certificate of
registration, or a fee of two dollars for each set of two
license plates, or one dollar for each single
license plate or
validation sticker. In addition, each applicant for a replacement
certificate of
registration, license plate, or validation sticker shall pay the fees provided
in divisions (C) and (D) of section 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who
either issues a license plates plate and a validation sticker for use on
any vehicle other than a
commercial tractor, semitrailer, or apportioned vehicle, or who issues
a validation sticker alone for use on such a vehicle and the owner
has changed the owner's county of residence since the
owner last was issued county
identification stickers, also shall issue and deliver to the
owner either one or two a county identification stickers, as appropriate sticker,
which shall be attached to the
license plates plate in a manner
prescribed by the director of public safety. The county
identification stickers sticker shall identify prominently
by name or number
the county in which the owner of the vehicle resides at the time of
registration.
Sec. 4503.192. The display of a single current license plate
and
validation sticker on the rear of a motor vehicle sufficiently
indicates that
a vehicle is registered within this state. Any
reference in the
Revised Code to license plates, a set of license
plates,
registration plates, or validation stickers is deemed to
be a reference to the
single license plate and validation sticker
required by section 4503.19 of the
Revised Code.
Sec. 4503.21. No person who is the owner or operator of a
motor vehicle shall fail to display in plain view on the front
and rear of the motor vehicle the distinctive number and
registration mark, including any county identification sticker
and any validation sticker issued under sections 4503.19 and
4503.191 of the Revised Code, furnished by the director of public
safety, except that a manufacturer of motor vehicles or dealer
therein, the holder of an in transit permit, and the owner or
operator of a motorcycle, motorized bicycle, manufactured home,
mobile home, trailer, or semitrailer shall display on the rear
only. A motor vehicle that is issued two license plates shall
display the validation sticker only on the rear license plate, except that a
commercial tractor that does not receive an apportioned license plate
under the international registration plan shall
display the license plate and validation sticker on the front of the
commercial tractor. An
apportioned vehicle receiving an apportioned license plate under
the international registration plan shall display the license plate
only on the front of a commercial tractor and on the rear
of all other vehicles. All The license plates plate shall be securely
fastened so as not to swing, and. No person shall not be covered by cover the face of the license plate with any material that whatsoever, regardless of whether the material
obstructs their its visibility.
No person to whom a temporary license placard or windshield
sticker has been issued for the use of a motor vehicle under
section 4503.182 of the Revised Code, and no operator of
that motor vehicle, shall fail to display the
temporary license
placard in plain view from the rear of the vehicle either in the
rear window or on an external rear surface of the motor vehicle,
or fail to display the windshield sticker in plain view on
the rear window of the motor vehicle. No temporary license
placard or windshield sticker shall be covered by any material
that obstructs its visibility.
Sec. 4503.23. No motor vehicle designed to carry
passengers,
owned or leased by the state, or any of its
departments, bureaus,
commissions, or institutions supported in
whole or in part by
funds provided by the state, shall be
operated or driven by any
person unless it has displayed, in a
prominent position on
both
the
front and rear of the vehicle,
identification plates
a license
plate, which shall be the same size, shape, and
treated for
increased visibility in the same manner as those
issued by the
registrar of motor vehicles for private vehicles.
Such
identification plates
The license plate shall be attached to the
vehicle in
the same manner as provided by statute for the
illumination and
attachment of
a license
plates
plate on private
vehicles. The registrar
shall designate the colors of the license
tags which
plate that shall be
used on state-owned cars;
such
the
colors shall be other than those
used on privately owned motor
vehicles, and shall apply only to
license plates used on state
owned motor vehicles.
Said plates
The plate
shall bear a special
serial number, and the words "Ohio State
Car."
Sec. 4503.50. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, motor home, or other vehicle of a class
approved by the registrar of motor vehicles
may apply to
the registrar for the registration of the
vehicle and issuance of
future farmers of America license plates. The
application for
future farmers of America license plates may be combined
with a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application
and compliance with division
(B) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of
future farmers of America license
plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, future farmers of America
license plates shall be inscribed with
identifying words or markings
representing the future farmers of America and approved by the
registrar. Future farmers of America license
plates shall bear county identification stickers that identify the county of
registration by name or number.
(B) The future farmers of America license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license tax as prescribed under section
4503.04 of the Revised Code, a fee of
ten dollars for the purpose of compensating the bureau of
motor vehicles for additional services required in the issuing of
the future farmers of America license
plates, any applicable motor vehicle
tax levied under Chapter 4504. of the Revised
Code, and compliance with all other applicable laws
relating to the registration of motor vehicles. If the
application for
future farmers of America license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes referred to or established in this
division
and the additional fee prescribed under section 4503.40 or
4503.42 of the Revised Code.
(C) For each application for registration and
registration renewal the registrar receives under this section, the
registrar shall collect a contribution
of fifteen dollars.
The registrar shall transmit this contribution to the treasurer
of state for deposit in the
future farmers of America license plate contribution fund created in
section 4501.40 4501.21 of the Revised Code.
The registrar shall deposit the additional fee of
ten dollars specified in division (B) of this section
that the applicant for registration pays for the
purpose of compensating the bureau for the additional services
required in the issuing of the applicant's
future farmers of America license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4503.51. (A) The owner or lessee of any passenger car, noncommercial
motor
vehicle, recreational vehicle, or vehicle of a class approved by the registrar
of motor vehicles may voluntarily choose to submit
an application to the registrar for registration of such
motor vehicle and for
issuance of collegiate license plates. The request for a collegiate license
plate may be combined with a
request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code.
Upon receipt of the completed application for registration of a
vehicle in accordance with any rules adopted under this section
and upon compliance with division (B) of this section, the
registrar shall issue to the applicant appropriate
vehicle registration and a set of collegiate license plates with
a validation sticker, or a validation sticker alone when required
by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon,
collegiate license plates shall be inscribed with the name of a university or
college that
is participating with the registrar in the issuance of collegiate license
plates, or any other identifying marking or design selected by such a
university or college and approved by the registrar. Collegiate license
plates shall bear county identification stickers that identify the county of
registration by name or number.
(B) The collegiate license plates and validation sticker
shall be issued upon receipt of a contribution as provided in division (C) of
this section and payment of the regular license fees as
prescribed under section 4503.04 of the Revised Code, any
applicable motor vehicle tax levied under Chapter 4504. of the
Revised Code, a fee not to exceed ten dollars for the purpose of compensating
the bureau of motor vehicles for additional services required in the issuing
of collegiate license plates, and
compliance with all other applicable laws
relating to the registration of motor vehicles, including
presentation of any inspection certificate required to be
obtained for the motor vehicle under section 3704.14 of the
Revised Code. If the application for a collegiate license plate
is combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code, the license
plate and validation sticker shall be issued upon payment of the
contribution, fees, and taxes referred to in this division, the additional fee
prescribed
under section 4503.40 or 4503.42 of the Revised Code, and
compliance with all other laws relating to the registration of
motor vehicles, including presentation of any inspection
certificate required to be obtained for the motor vehicle under
section 3704.14 of the Revised Code.
(C) The registrar shall collect a contribution of twenty-five dollars for
each
application for
registration and registration renewal notice under this section.
The registrar shall transmit this contribution
to the treasurer of state for deposit into the collegiate license plate contribution
fund created by section 4501.20 4501.21 of the Revised Code. The additional fee not
to exceed ten dollars that the applicant for registration voluntarily pays for
the purpose of compensating the bureau for the additional services required in
the issuing of the applicant's collegiate license plates shall be transmitted
into the state treasury to the credit of the state bureau of motor vehicles
fund created in section 4501.25 of the Revised Code.
(D) The registrar, in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary for the efficient
administration of the collegiate license plate program.
(E) As used in this section, "university or college" means
a state university or college or a private university or college
located in this state that possesses a certificate of
authorization issued by the Ohio board of regents pursuant to
Chapter 1713. of the Revised Code. "University or college" also
includes community colleges created pursuant to Chapter 3354. of
the Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, and state community colleges
created pursuant to Chapter 3358. of the Revised Code.
Sec. 4503.55. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other vehicle of a class
approved by the registrar of motor vehicles may apply to
the registrar for the registration of the
vehicle and issuance of pro football hall of fame license plates.
The application for pro football hall of fame license plates may
be combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application and compliance with division
(B) of this section, the registrar shall issue to the applicant
the appropriate vehicle registration and a set of pro football
hall of fame license plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon, pro football hall of fame license plates shall be
inscribed with identifying words or markings designed by the pro
football hall of fame and approved by the registrar. Pro
football hall of fame plates shall bear county identification
stickers that identify the county of registration by name or number.
(B) The pro football hall of fame license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon payment of
the regular license fees as prescribed under section 4503.04 of
the Revised Code, a fee not to exceed ten dollars for the purpose
of compensating the bureau of motor vehicles for additional
services required in the issuing of the pro football hall of fame
license plates, any applicable motor vehicle tax levied under
Chapter 4504. of the Revised Code, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for pro football hall of fame license plates
is combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code, the license
plate and validation sticker shall be issued upon payment of the
contribution, fees, and taxes contained in this division and the
additional fee prescribed under section 4503.40 or 4503.42 of the
Revised Code.
(C) For each application for registration and registration
renewal under this section, the registrar shall
collect a contribution of fifteen dollars. The registrar shall
transmit this contribution to the treasurer of state for deposit
in the pro football hall of fame license plate contribution fund created in
section 4501.22 4501.21 of the Revised Code.
The registrar shall deposit the additional fee not to
exceed ten dollars specified in division (B) of this section that
the applicant for registration voluntarily pays for the purpose
of compensating the bureau for the additional services required
in the issuing of the applicant's pro football hall of fame
license plates in the state bureau of motor
vehicles fund created in section 4501.25 of the Revised Code.
Sec. 4503.561. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other vehicle of a class
approved by the registrar of motor vehicles
may apply to
the registrar for the registration of the
vehicle and issuance of
ducks unlimited license plates. The
application for
ducks unlimited license plates may be combined
with a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application
and compliance with division
(B) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of
ducks unlimited license
plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, ducks unlimited
license plates shall be inscribed with
identifying words or markings
representing ducks unlimited, inc., and approved by the
registrar. Ducks unlimited license
plates shall bear county identification stickers that identify the county of
registration by name or number.
(B) The ducks unlimited
license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license tax as prescribed under section
4503.04 of the Revised Code, a fee of
ten dollars for the purpose of compensating the bureau of
motor vehicles for additional services required in the issuing of
the ducks unlimited license
plates, any applicable motor vehicle
tax levied under Chapter 4504. of the Revised
Code, and compliance with all other applicable laws
relating to the registration of motor vehicles. If the
application for
ducks unlimited license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes referred to or established in this
division
and the additional fee prescribed under section 4503.40 or
4503.42 of the Revised Code.
(C) For each application for registration and
registration renewal the registrar receives under this section, the
registrar shall collect a contribution
of fifteen dollars.
The registrar shall transmit this contribution to the treasurer
of state for deposit in the
ducks unlimited license plate contribution fund created in
section 4501.33 4501.21 of the Revised Code.
The registrar shall deposit the additional fee of
ten dollars specified in division (B) of this section
that the applicant for registration pays for the
purpose of compensating the bureau for the additional services
required in the issuing of the applicant's
ducks unlimited license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4503.591. (A) If
a professional sports team located in this state desires to have
its logo appear on license plates issued by this state, it shall
enter into a contract with the sports commission to
permit such display, as permitted in divisions (D), (E), and (F) of this section 4501.32 of the
Revised
Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar
of motor vehicles may apply to the registrar for the registration of the
vehicle
and issuance of license plates bearing the logo of a
professional sports team that has entered into such a contract.
The application shall designate the sports team whose logo the
owner or lessee desires to appear on the license plates.
Failure to designate a participating professional sports team
shall result in rejection by the registrar of the registration
application. An application made under this section may be
combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the
Revised
Code. Upon receipt of the
completed application and compliance by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
professional sports team the owner designated in the application
and a validation sticker, or a validation sticker alone when
required by section 4503.191 of the
Revised
Code.
In addition to the letters and numbers ordinarily
inscribed thereon, professional sports team license plates shall
bear the logo of a participating professional sports team, and
shall display county identification stickers that identify the
county of registration by name or number.
(B) The
professional sports team license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of professional
sports team license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for a professional sports team license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of professional
sports team license plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles.
(C) For each
application for registration and registration renewal notice the
registrar receives under this section, the registrar shall
collect a contribution of twenty-five dollars. The registrar shall
transmit this contribution to the treasurer of state for deposit
into the state treasury for distribution as described in license plate contribution fund created by section
4501.32 4501.21 of the Revised
Code.
The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of professional sports team
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code.
(D) If a
professional sports team located in this state
desires to have
its logo appear on license plates issued by this
state, it shall
inform
the largest convention and visitors' bureau
of the county in which
the professional sports team
is located of
that desire. That convention and visitors' bureau
shall create a
sports
commission to operate in that county to receive the
contributions
that are paid by applicants who choose to be issued
license
plates bearing the logo of that professional sports team
for
display on their motor vehicles. The
sports commission shall
negotiate with the professional sports team to permit the
display
of the team's logo on license plates issued by this state, enter
into the contract with the team to permit such display, and pay to
the team
any licensing or rights fee that must be paid in
connection with the issuance
of the license plates. Upon
execution of the contract, the sports commission
shall provide a
copy of it to the registrar of motor vehicles, along with any
other documentation the registrar may require. Upon receipt of
the contract
and any required additional documentation, and when
the numerical requirement
contained in division (A) of section
4503.78
of the Revised
Code has been met relative to that
particular
professional sports team, the registrar shall take the
measures necessary to
issue license plates bearing the logo of
that team.
(E) A sports
commission shall expend the money it receives pursuant to section 4501.21 of the Revised Code
to attract amateur regional, national, and
international sporting events
to the municipal corporation,
county, or township in which it is
located, and it may sponsor
such events. Prior to attracting or
sponsoring such events, the
sports commission shall perform an
economic analysis to determine
whether the proposed event will
have a positive economic effect on
the greater area in which the
event will be held. A sports
commission shall not expend any
money it receives under that
section to attract or sponsor an amateur
regional, national, or
international sporting event if its
economic analysis does not
result in a finding that the proposed
event will have a positive
economic effect on the greater area
in which the event will be
held.
A sports commission that receives money pursuant to that
section, in
addition to any other duties imposed on it by law and
notwithstanding the
scope
of those duties, also shall encourage
the economic development of this state
through the promotion of
tourism within all areas of this state. A sports
commission that
receives ten thousand dollars or more during any calendar year shall submit a written report to the
director of
development, on or before the first day of
October of
the next succeeding year, detailing
its efforts and expenditures
in the promotion of tourism during the calendar
year in which it
received the ten thousand dollars or more.
As used in this division, "promotion of tourism" means the
encouragement
through advertising, educational and informational
means, and public
relations,
both within the state and outside of
it, of travel by persons away from their
homes for pleasure,
personal reasons, or other purposes, except to work, to
this state
or to the region in which the sports commission is located.
(F) For purposes of this section:
(1) The "largest" convention and visitors'
bureau of a
county is the bureau that receives the largest
amount of money
generated in that county from excise taxes
levied on lodging
transactions under sections 351.021,
5739.08,
and
5739.09 of the
Revised
Code.
(2) "Sports commission" means a
nonprofit corporation
organized under the laws of
this state that is entitled to tax
exempt status under section
501(c)(3) of the
"Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501, as amended, and
whose function is to attract, promote, or
sponsor sports and
athletic events within a municipal
corporation, county, or
township.
Such a commission shall consist of twenty-one members. Seven
members shall
be appointed by the mayor of the largest city to be
served by the commission.
Seven members shall be appointed by the
board of county commissioners of the
county to be served by the
commission. Seven members shall be appointed by
the largest
convention and
visitors' bureau in the
area to be served
by the
commission. A sports commission may
provide all services
related
to attracting, promoting, or
sponsoring such events,
including,
but not limited to, the
booking of athletes and teams,
scheduling,
and hiring or
contracting for staff, ushers, managers,
and other
persons whose
functions are directly related to the
sports and
athletic events
the commission attracts, promotes, or
sponsors.
Sec. 4503.67. (A) If
the national organization of the boy scouts of America desires to
have
its logo appear on license plates issued by this state, a representative of
the Dan Beard council shall
enter into a contract with the registrar of motor vehicles as provided in
division (D) of this section 4501.41 of the Revised Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar
may apply to the registrar for the registration of the vehicle
and issuance of license plates bearing the logo of the boy scouts of
America if the council representative
has entered into such a contract. An application made under this section may
be
combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the
Revised
Code. Upon receipt of the
completed application and compliance by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
boy scouts of America
and a validation sticker, or a validation sticker alone when
required by section 4503.191 of the
Revised
Code.
In addition to the letters and numbers ordinarily
inscribed thereon, the plates shall
display county identification stickers that identify the
county of registration by name or number.
(B) The
boy scouts logo license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of boy scouts
license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for a boy scouts license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of the
plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles.
(C) For each
application for registration and registration renewal notice the
registrar receives under this section, the registrar shall
collect a contribution of fifteen dollars. The registrar shall
transmit this contribution to the treasurer of state for deposit
into the state treasury for distribution as described in license plate contribution fund created by section
4501.41 4501.21 of the Revised
Code.
The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of boy scouts
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code.
(D) If the national organization of the boy scouts of
America desires to have
its logo appear on license plates issued by this state, a representative of
the Dan Beard council shall
contract with the registrar
to permit the
display of the logo on license plates issued by this state. Upon
execution of the contract, the council
shall provide a copy of it to the registrar, along with any
other documentation the registrar may require. Upon receiving the contract
and any required additional documentation, and when the numerical requirement
contained in division (A) of section 4503.78
of the Revised
Code has been met relative to the boy scouts of
America, the registrar shall take the measures necessary to
issue license plates bearing the logo of the boy scouts of
America.
Sec. 4503.68. (A) If
the national organization of the girl scouts of the United
States of America desires to
have
its logo appear on license plates issued by this state, a representative of
the Great River council shall
enter into a contract with the registrar of motor vehicles as provided in
division (D) of this section 4501.61 of the Revised Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar
may apply to the registrar for the registration of the vehicle
and issuance of license plates bearing the logo of the girl scouts of
United States of America if the council
representative
has entered into such a contract. An application made under this section may
be
combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the
Revised
Code. Upon receipt of the
completed application and compliance by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
girl scouts of the United States of America
and a validation sticker, or a validation sticker alone when
required by section 4503.191 of the
Revised
Code.
In addition to the letters and numbers ordinarily
inscribed thereon, the plates shall
display county identification stickers that identify the
county of registration by name or number.
(B) The
girl scouts logo license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of girl scouts
license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for a girl scouts license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of the
plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles.
(C) For each
application for registration and registration renewal notice the
registrar receives under this section, the registrar shall
collect a contribution of fifteen dollars. The registrar shall
transmit this contribution to the treasurer of state for deposit
into the state treasury for distribution as described in license plate contribution fund created by section
4501.61 4501.21 of the Revised
Code.
The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of girl scouts
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code.
(D) If the national organization of the girl scouts of
the United States of America desires to have
its logo appear on license plates issued by this state, a representative from
the Great River council shall
contract with the registrar
to permit the
display of the logo on license plates issued by this state. Upon
execution of the contract, the council
shall provide a copy of it to the registrar, along with any
other documentation the registrar may require. Upon receiving the contract
and any required additional documentation, and when the numerical requirement
contained in division (A) of section 4503.78
of the Revised
Code has been met relative to the girl scouts of
the United States of
America, the registrar shall take the measures necessary to
issue license plates bearing the logo of the girl scouts of
the United States of America.
Sec. 4503.69. (A) If
the national organization of the eagle scouts desires to
have
its logo appear on license plates issued by this state, a representative of
the Dan Beard council shall
enter into a contract with the registrar of motor vehicles as provided in
division (D) of this section 4501.71 of the Revised Code. The owner or lessee of
any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar
may apply to the registrar for the registration of the vehicle
and issuance of license plates bearing the logo of the eagle scouts
if the council representative
has entered into such a contract on behalf of the eagle scouts. An
application made under this section may
be
combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the
Revised
Code. Upon receipt of the
completed application and compliance by the applicant with
divisions (B) and
(C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of license plates bearing the logo of the
eagle scouts
and a validation sticker, or a validation sticker alone when
required by section 4503.191 of the
Revised
Code.
In addition to the letters and numbers ordinarily
inscribed thereon, the plates shall
display county identification stickers that identify the
county of registration by name or number.
(B) The
eagle scouts logo license plates and validation
sticker, or validation sticker alone, as the case may be, shall
be issued upon payment of the regular license tax as prescribed
under section 4503.04 of the
Revised
Code, any applicable motor
vehicle license tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of eagle scouts
license plates, and compliance with all other
applicable laws relating to the registration of motor vehicles.
If the application for an eagle scouts license
plate is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the
Revised
Code, the license plates and
validation sticker, or validation sticker alone, shall be issued
upon payment of the regular license tax as prescribed under
section 4503.04 of the Revised
Code, any applicable motor
vehicle tax levied under
Chapter 4504. of the
Revised
Code, a fee of ten dollars for
the purpose of compensating the bureau of motor vehicles for
additional services required in the issuing of the
plates, the additional fee prescribed under
section 4503.40 or 4503.42 of the
Revised
Code, and compliance with all
other applicable laws relating to the registration of motor
vehicles.
(C) For each
application for registration and registration renewal notice the
registrar receives under this section, the registrar shall
collect a contribution of fifteen dollars. The registrar shall
transmit this contribution to the treasurer of state for deposit
into the state treasury for distribution as described in license plate contribution fund created by section
4501.71 4501.21 of the Revised
Code.
The registrar shall transmit the additional fee of ten
dollars paid to compensate the bureau for the additional
services required in the issuing of eagle scouts
license plates to the treasurer of state for deposit into the
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the
Revised
Code.
(D) If the national organization of the eagle scouts
desires to have
its logo appear on license plates issued by this state, a representative from
the Dan Beard council shall
contract with the registrar
to permit the
display of the logo on license plates issued by this state. Upon
execution of the contract, the council
shall provide a copy of it to the registrar, along with any
other documentation the registrar may require. Upon receiving the contract
and any required additional documentation, and when the numerical requirement
contained in division (A) of section 4503.78
of the Revised
Code has been met relative to the eagle scouts,
the registrar shall take the measures necessary to
issue license plates bearing the logo of the eagle scouts.
Sec. 4503.71. (A) The owner or lessee of any passenger car,
noncommercial
motor vehicle, recreational vehicle, or other vehicle of a class approved by
the registrar of motor vehicles who also is a member in good standing of
the fraternal order of police may apply to the registrar for
the registration of the vehicle and issuance of fraternal order of police
license plates. The application for fraternal order of police license plates
may be combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed
application, presentation by the applicant of the required evidence that the
applicant is a member in good standing of the fraternal order of police, and
compliance by the applicant with this section, the registrar shall issue to
the applicant the appropriate vehicle registration and a set of fraternal
order of police license plates with a validation sticker or a validation
sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon,
fraternal order of police license plates shall be inscribed with identifying
words and a symbol or logo designed by the fraternal order of police of
Ohio, incorporated, and approved by the
registrar. Fraternal order of police license plates shall bear county
identification stickers that identify the county of registration by name or
number.
Fraternal order of police license plates and validation stickers shall be
issued upon payment of the regular license fee required by section 4503.04 of
the Revised Code, payment of any local motor vehicle
license tax levied under Chapter 4504. of the Revised Code,
payment of a fee of ten dollars, and compliance
with all other
applicable laws relating to the registration of motor vehicles. If the
application for fraternal order of police license plates is combined with a
request for a special reserved license plate under section 4503.40 or 4503.42
of the Revised Code, the license plates and validation
sticker shall be issued upon payment of the fees and taxes contained in this
section and the additional fee prescribed under section 4503.40 or 4503.42 of
the Revised Code. The fee of ten dollars shall
be for the purpose of compensating the bureau of motor vehicles for additional
services required in the issuing of fraternal order of police license plates,
and shall be transmitted by the registrar to the treasurer of state for
deposit
into the state treasury to the credit of the state bureau of motor vehicles
fund created by section 4501.25 of the Revised Code.
(B) For each application for registration and registration
renewal the registrar receives under this section, the registrar shall collect
an additional fee of two dollars. The registrar shall transmit this
additional fee to the treasurer of state for deposit in the fraternal order of
police license plate contribution fund created in section 4501.311 4501.21 of the Revised Code.
Sec. 4503.711. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles
who is a member in good standing of the fraternal order of
police associates of Ohio, inc., may apply to the registrar for
the registration of the vehicle and issuance of fraternal order
of police associate license plates. The application for
fraternal order of police associate license plates may be
combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application, presentation by the
applicant of the required evidence that the applicant is a
member in good standing of the fraternal order of police
associates of Ohio, inc., and compliance with division (B)
of
this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of fraternal order of
police associate license plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of
the Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon, fraternal order of police associate license plates
shall be inscribed with identifying words or markings designed
by the fraternal order of police of Ohio, inc., and
approved by the registrar. Fraternal order of police associate
plates shall bear county identification stickers that identify
the county of registration by name and number.
(B) The registrar shall issue a set of fraternal order of police
associate license plates with a validation sticker or a validation sticker
alone upon receipt of a
contribution as provided in division (C) of this section and
upon payment of the regular license fees prescribed under
section 4503.04 of the Revised Code, an additional fee of
ten dollars for the purpose of compensating the bureau of motor
vehicles for additional services required in the issuing of the
fraternal order of police associate license plates, any
applicable motor vehicle tax levied under Chapter 4504. of the
Revised Code, and compliance with all other applicable laws
relating to the registration of motor vehicles. If the
application for fraternal order of police associate license
plates is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code,
the
license plate and validation sticker shall be issued upon
payment of the contribution, fees, and taxes contained in this
division and the additional fee prescribed under section 4503.40
or 4503.42 of the Revised Code.
(C) For each application for registration and registration
renewal the registrar receives under this section, the registrar shall collect
a contribution of fifteen dollars. The registrar shall transmit
this contribution to the treasurer of state for deposit in the
fraternal order of police associate license plate contribution fund created
in section 4501.251 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten dollars specified in
division (B) of this section to the treasurer of state for deposit
into the state treasury to the credit of the state bureau of motor vehicles
fund created by section 4501.25 of the Revised Code.
Sec. 4503.72. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other vehicle of a class
approved by the registrar of motor vehicles may apply to
the registrar for the registration of the
vehicle and issuance of Ohio court-appointed special
advocate/guardian ad litem license plates. The
application for Ohio court-appointed special advocate/guardian ad
litem license plates may be combined
with a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application and compliance with division
(B) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of
Ohio court-appointed special advocate/guardian ad litem license
plates with a validation sticker or a validation sticker alone when required
by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon, Ohio court-appointed special advocate/guardian ad litem
license plates shall be inscribed with
identifying words or markings designed by the board of directors of the
Ohio CASA/GAL association and approved by the
registrar. Ohio court-appointed special advocate/guardian ad litem license
plates shall bear county identification stickers that identify the county of
registration by name or number.
(B) The Ohio court-appointed special advocate/guardian
ad litem license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license tax as prescribed under section
4503.04 of the Revised Code, a fee of
ten dollars for the purpose of compensating the bureau of
motor vehicles for additional services required in the issuing of
the Ohio court-appointed special advocate/guardian ad litem license
plates, any applicable motor vehicle
tax levied under Chapter 4504. of the Revised
Code, and compliance with all other applicable laws
relating to the registration of motor vehicles. If the
application for Ohio court-appointed special advocate/guardian ad
litem license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes contained in this division
and the additional fee prescribed under section 4503.40 or
4503.42 of the Revised Code.
(C) For each application for registration and
registration renewal the registrar receives under this section, the
registrar shall collect a contribution in an amount not to exceed
forty dollars as determined by the board of directors of the Ohio
CASA/GAL association. The registrar shall transmit this contribution
to the treasurer of state for deposit in the Ohio court-appointed special
advocate/guardian ad litem license plate contribution fund created in section 4501.28 4501.21 of
the Revised Code.
The registrar shall deposit the additional fee of
ten dollars specified in division (B) of this section
that the applicant for registration voluntarily pays for the
purpose of compensating the bureau for the additional services
required in the issuing of the applicant's Ohio court-appointed
special advocate/guardian ad litem license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4503.73. (A) The owner or lessee of any passenger
car,
noncommercial motor vehicle, motor home, or other vehicle of
a
class
approved by the registrar of motor vehicles may
apply to
the
registrar for the registration of the vehicle and
issuance of
"the
leader in flight" license plates. The
application for
"the
leader
in flight" license plates may be
combined with a request
for a
special reserved license plate under
section 4503.40 or
4503.42 of
the Revised Code. Upon
receipt of the completed
application and
compliance with division (B)
of this section, the
registrar shall
issue to the applicant the appropriate
vehicle
registration and a
set
of
"the leader in flight" license plates
with a validation
sticker or a
validation sticker alone
when
required by section
4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon,
"the leader in flight" license plates shall be inscribed
with the words
"the leader in flight" and illustrations of a space
shuttle in a vertical position and the Wright
"B" airplane.
"The
leader in flight" license plates shall bear county identification
stickers that identify the county of registration by name or
number.
(B)
"The leader in flight" license plates and validation
sticker
shall be issued upon
receipt of a contribution as provided
in division
(C) of this section and
payment of the regular license
tax as prescribed
under section 4503.04 of the Revised Code, a fee
of ten
dollars for the purpose of compensating the bureau of motor
vehicles for
additional services required in the issuing of
"the
leader in flight" license plates, any applicable motor vehicle tax
levied
under Chapter 4504. of the Revised Code, and
compliance
with all other applicable laws relating to the registration of
motor vehicles.
If the application for
"the leader in flight"
license plates is combined with
a request for a special reserved
license plate under section
4503.40 or 4503.42 of the Revised
Code, the license plate
and validation sticker shall be issued
upon payment of the fees and taxes
referred to or established in
this division and the additional
fee prescribed under section
4503.40 or 4503.42 of the Revised
Code.
(C)
For each application for registration and registration
renewal received under this section, the registrar shall collect a
contribution of fifteen dollars. The registrar shall transmit
this
contribution to the treasurer of state for deposit in the
leader in flight
license plate contribution fund created in section 4501.39 4501.21 of
the Revised Code.
The registrar shall deposit the additional fee of ten dollars
specified in division (B) of this section that the applicant for
registration voluntarily pays for the purpose of compensating the
bureau for
the additional
services required in the issuing of the
applicant's
"the leader in
flight" license plates in the state
bureau of motor vehicles fund
created in section 4501.25 of the
Revised Code.
Sec. 4503.75. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other vehicle of a class
approved by the registrar of motor vehicles who also is a member of the rotary
international may apply to the registrar for the registration of the vehicle
and issuance of rotary international license plates. The application for
rotary international license plates may be combined with a request for a
special reserved license plate under section 4503.40 or 4503.42 of the Revised
Code. Upon
receipt of the completed application, proof of membership in rotary
international as required by the registrar, and compliance with division
(B) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of
rotary international license
plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon, rotary international license plates shall be inscribed with
identifying words or markings representing the international rotary and
approved by the registrar. Rotary international license plates shall bear
county identification stickers that identify the county of registration by
name or number.
(B) The rotary international license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license tax as prescribed under section
4503.04 of the Revised Code, a fee of
ten dollars for the purpose of compensating the bureau of
motor vehicles for additional services required in the issuing of
the rotary international license
plates, any applicable motor vehicle
tax levied under Chapter 4504. of the Revised
Code, and compliance with all other applicable laws
relating to the registration of motor vehicles. If the
application for
rotary international license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes contained in this division
and the additional fee prescribed under section 4503.40 or
4503.42 of the Revised Code.
(C) For each application for registration and
registration renewal the registrar receives under this section, the
registrar shall collect a contribution of fifteen dollars. The registrar
shall transmit this contribution to the treasurer of state for deposit in the
rotary international license plate contribution fund created in section 4501.29 4501.21 of the
Revised Code.
The registrar shall deposit the additional fee of
ten dollars specified in division (B) of this section
that the applicant for registration voluntarily pays for the
purpose of compensating the bureau for the additional services
required in the issuing of the applicant's
rotary international license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4503.86. (A) As used in this section, "motor vehicle renting dealer" has the same meaning as in section 4549.65 of the Revised Code.
(B) On and after July 1, 2003, for the purpose of offsetting contract related costs incurred by the state as a result of amendments to the motor vehicle inspection and maintenance program, a tax of fifty cents per day is levied on each transaction by which a motor vehicle is rented from a motor vehicle renting dealer. The tax shall be paid by the person renting the vehicle and applies to each day or portion of a day for which the vehicle is rented.
(C) The motor vehicle renting dealer shall collect the tax levied under this section from the person renting the motor vehicle. The dealer shall remit all taxes collected to the treasurer of state pursuant to procedures prescribed by the tax commissioner under division (D) of this section.
(D) The tax commissioner shall prescribe forms and procedures governing the payment, collection, and remission of the tax levied under this section.
(E) No person shall fail to comply with the procedures prescribed by the tax commissioner under division (D) of this section.
(F) Whoever violates division (E) of this section shall be fined not less that one hundred nor more than one thousand dollars.
Sec. 4505.09. (A)(1) The clerk of
a court of common pleas
shall charge a fee of five dollars for each certificate of title
that is not applied for within thirty days after the assignment
or
delivery of the motor vehicle described
in it. The
fees
shall be retained by the clerk.
(2) In addition to those fees any fee charged under division (A)(1) of this section, the clerk shall charge a fee of
five dollars for each certificate of title, duplicate
certificate
of title, memorandum certificate of title,
authorization to
print
a non-negotiable
evidence of ownership described in division (G)
of section 4505.08 of
the Revised Code, non-negotiable evidence
of ownership printed by the clerk under division (H) of that
section, and
notation of any lien
on a certificate of title.
The
clerk shall
retain two dollars
and
twenty-five cents of the
fee
charged for
each certificate of
title, four dollars and
seventy-five cents of
the fee charged for
each duplicate
certificate of
title, all of the fees charged for
each
memorandum certificate, authorization to print a
non-negotiable
evidence of ownership, or non-negotiable evidence of ownership
printed by the clerk,
and four dollars and
twenty-five cents of
the fee charged for
each notation of a lien.
The remaining two dollars and seventy-five cents charged
for
the certificate of title, the remaining twenty-five cents
charged
for the duplicate certificate of title, and the
remaining
seventy-five cents charged for the notation of any lien
on a
certificate of title shall be paid to the registrar of motor
vehicles by monthly returns, which shall be forwarded to the
registrar not later than the fifth day of the month next
succeeding that in which the certificate is issued or that in
which the registrar is notified of a lien or cancellation
of a
lien.
(3) In addition to the fees charged under divisions (A)(1) and (2) of this section, commencing on October 1, 2003, the clerk shall charge a fee of eight dollars for each certificate of title, duplicate certificate of title, and notation of any lien on a certificate of title. The additional fee is for the purpose of defraying the costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio by the state highway patrol. The clerk shall pay these fees to the registrar by monthly returns, which shall be forwarded to the registrar not later than the fifth day of the month next succeeding that in which the title is issued or that in which the registrar is notified of a lien or cancellation of a lien. The registrar shall deposit all moneys received under division (A)(3) of this section into the state highway patrol fund established in section 4501.061 of the Revised Code. The fee established under division (A)(3) of this section does not apply to a motor vehicle dealer licensed under Chapter 4517. of the Revised Code who is obtaining a certificate of title, duplicate certificate of title, or notation of any lien on a certificate of title in the name of the dealer for purposes of selling or reselling the motor vehicle.
(B)(1) The Of the amounts received under division (A)(2) of this section, the registrar shall pay twenty-five cents of the
amount received for each certificate of title and all of the
amounts received for each notation of any lien and each duplicate
certificate of title into the state bureau of motor vehicles
fund
established in section 4501.25 of the Revised Code.
(2) Fifty cents of the amount received under division (A)(2) of this section for each
certificate
of title shall be paid by the registrar as follows:
(a) Four cents shall be paid into the state treasury to
the
credit of the motor vehicle dealers board fund, which is
hereby
created. All investment earnings of the fund shall be credited to
the
fund. The moneys in the motor vehicle dealers board fund
shall be used by the
motor vehicle dealers board created under
section 4517.30 of the Revised Code,
together
with other moneys
appropriated to it, in the exercise of
its powers and
the
performance of its duties under Chapter 4517. of the Revised Code,
except
that the director of budget and management may transfer
excess money from the
motor vehicle dealers board fund to the
bureau of motor vehicles fund if the
registrar determines that
the
amount of money in the motor vehicle dealers
board fund,
together
with other moneys appropriated to the
board, exceeds
the
amount
required for the exercise of its powers and the
performance of its
duties under Chapter 4517. of the Revised Code
and requests the
director to
make the transfer.
(b) Twenty-one cents shall be paid into the general
revenue
fund.
(c) Twenty-five cents shall be paid into the state
treasury
to the credit of the motor vehicle sales audit fund,
which is
hereby created. The moneys in the fund shall be used by
the tax
commissioner together with other funds available
to the
commissioner to conduct a continuing investigation of
sales and
use tax returns
filed for motor vehicles in order to determine if
sales and use
tax liability has been satisfied. The commissioner
shall refer
cases of apparent violations of section 2921.13 of
the
Revised
Code made in connection with the titling or sale of
a
motor
vehicle and cases of any other apparent violations of
the
sales
or use tax law to the appropriate county prosecutor
whenever
the
commissioner considers it advisable.
(3) Two dollars of the amount received by the registrar under division (A)(2) of this section for
each certificate
of title shall be paid into the state treasury
to
the credit of the automated
title processing fund, which is
hereby
created and which shall consist of
moneys collected under
division
(B)(3) of this section and under
sections 1548.10 and
4519.59 of
the Revised Code. All
investment
earnings of the
fund shall be
credited to the fund. The moneys in the fund shall
be used as
follows:
(a) Except for moneys collected under section 1548.10 of the
Revised Code
and as provided in division (B)(3)(c) of this
section,
moneys collected under division (B)(3) of this
section
shall be used to
implement and maintain an automated title
processing system for
the issuance of motor vehicle, off-highway
motorcycle, and
all-purpose vehicle certificates of title in the
offices of the clerks of the courts of common pleas.
(b) Moneys collected under section 1548.10 of the Revised
Code shall be used
to issue marine certificates of title in the
offices of the clerks of the
courts of common pleas as provided
in
Chapter 1548. of the Revised
Code.
(c)
Moneys collected under division (B)(3) of this
section
shall be used in accordance with
section 4505.25 of the
Revised
Code to implement Sub. S.B. 59 of the 124th general
assembly.
(C)(1) The automated title processing board is hereby
created consisting of the registrar or the registrar's
representative, a
person selected by the registrar, the president
of the Ohio
clerks of court association or the president's
representative, and two clerks
of courts of common pleas
appointed
by the governor. The
director of budget and
management or the
director's
designee, the chief of
the
division of watercraft in
the department of natural resources
or
the chief's designee, and
the tax commissioner or
the
commissioner's designee shall
be
nonvoting members of the board.
(2) The automated title processing board shall determine
each of the following:
(a) The automated title processing equipment and
certificates of title requirements for each county;
(b) The payment of expenses that may be incurred by the
counties in implementing an automated title processing system;
(c) The repayment to the counties for existing title
processing equipment.
(3) The registrar shall purchase, lease, or otherwise
acquire any automated title processing equipment and certificates
of title that the board determines are necessary from moneys in
the automated title processing fund established by division
(B)(3)
of this section. Each county issuing more than one
hundred
thousand certificates of title annually, with the
approval of the
registrar and in accordance with the registrar's
requirements, may
purchase and maintain an automated title
processing
system for the
issuance of motor vehicle titles,
certificates of
title for
off-highway motorcycles and
all-purpose vehicles, and
certificates
of title for
watercraft
and outboard motors with the cost of
the
system paid for from
the automated processing title fund.
(D) All counties shall conform to the requirements of the
registrar regarding the operation of their automated title
processing system for motor vehicle titles, certificates of title
for off-highway motorcycles and all-purpose vehicles, and
certificates of title for
watercraft and outboard motors.
Sec. 4506.08. (A) Each application for a commercial
driver's license temporary instruction permit shall be
accompanied
by a fee of ten dollars; except as provided in
division (B) of
this section, each application for a commercial
driver's license,
restricted commercial driver's license, or
renewal of such a
license shall be accompanied by a fee of twenty-five
dollars; and
each application for a duplicate commercial driver's
license shall
be accompanied by a fee of ten dollars. In addition, the
registrar of motor vehicles or deputy registrar may collect and
retain
an additional fee of no more than
two dollars and
seventy-five cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004, for
each
application for a commercial driver's license temporary
instruction permit,
commercial driver's license, renewal of a
commercial driver's license, or
duplicate commercial
driver's
license received by the registrar or deputy. No
fee shall be
charged for the annual
issuance of a waiver for farm-related
service industries pursuant
to section 4506.24 of the Revised
Code.
Each deputy registrar shall transmit the fees collected to
the registrar at the time and in the manner
prescribed by the
registrar by rule. The registrar shall pay the
fees into the
state highway safety fund established in section
4501.06 of the
Revised Code.
(B) In addition to the fees imposed under division (A) of this section, the registrar of motor vehicles or deputy registrar shall collect a fee of ten dollars commencing on October 1, 2003, for each application for a commercial driver's license temporary instruction permit, commercial driver's license, renewal of a commercial driver's license, or duplicate commercial driver's license received by the registrar or deputy. The additional fee is for the purpose of defraying the costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio by the state highway patrol. Each deputy registrar shall transmit the fees collected under division (B) of this section in the time and manner prescribed by the registrar. The registrar shall deposit all moneys received under division (B) of this section into the state highway patrol fund established in section 4501.061 of the Revised Code.
(C) Information regarding the driving record of any person
holding a commercial driver's license issued by this state shall
be furnished by the registrar, upon request and payment of a fee
of three dollars, to the employer or prospective employer of such
a person and to any insurer.
Sec. 4507.23. (A) Except as provided in division (H)(I)
of
this section, each application for a temporary
instruction permit
and examination shall be accompanied by a fee
of four dollars.
(B) Except as provided in division
(H)(I) of this section, each
application for a driver's license made
by a person who previously
held such a license and whose license has
expired not more than
two years prior to the date of application,
and who is required
under this chapter to give an actual
demonstration of the person's
ability to drive, shall be
accompanied by a
fee of three dollars
in addition to any other fees.
(C) Except as provided in divisions (E) and (H)(I) of this
section, each application for a driver's license, or motorcycle
operator's
endorsement, or renewal of a driver's license shall be
accompanied by a fee of six dollars. Except as provided in
division (H)(I) of this section, each application for a
duplicate
driver's license shall be accompanied by a fee of two
dollars and
fifty cents. The duplicate driver's licenses issued
under this
section shall be distributed by the deputy registrar
in accordance
with rules adopted by the registrar of motor
vehicles.
(D) Except as provided in division (H)(I) of this
section, each
application for a motorized bicycle license or
duplicate thereof
shall be accompanied by a fee of two dollars and
fifty cents.
(E) Except as provided in division (H)(I) of this
section, each
application for a driver's license or renewal of
a driver's
license that will be issued to a person who is less
than
twenty-one years of age shall be accompanied by whichever of
the
following fees is applicable:
(1) If the person is sixteen years of age or older, but
less
than seventeen years of age, a fee of seven dollars and
twenty-five cents;
(2) If the person is seventeen years of age or older, but
less than eighteen years of age, a fee of six dollars;
(3) If the person is eighteen years of age or older, but
less than nineteen years of age, a fee of four dollars and
seventy-five cents;
(4) If the person is nineteen years of age or older, but
less than twenty years of age, a fee of three dollars and fifty
cents;
(5) If the person is twenty years of age or older, but
less
than twenty-one years of age, a fee of two dollars and
twenty-five
cents.
(F) Neither the registrar nor any deputy registrar shall
charge a fee in excess of one dollar and fifty cents for
laminating a driver's license, motorized bicycle license, or
temporary instruction permit identification cards as
required by
sections 4507.13 and
4511.521 of the Revised Code. A
deputy
registrar laminating a
driver's license, motorized
bicycle
license, or temporary
instruction permit identification cards
shall retain the entire amount of the fee
charged
for lamination,
less the actual cost to the registrar of
the
laminating materials
used for that lamination, as specified in
the contract executed by
the bureau for the laminating materials
and laminating equipment.
The deputy registrar shall forward the
amount of the cost of the
laminating materials to the registrar
for deposit as provided in
this section.
(G) Except as provided in division (I) of this section, commencing on October 1, 2003, each transaction described in divisions (A), (B), (C), (D), and (E) of this section shall be accompanied by an additional fee of ten dollars. The additional fee is for the purpose of defraying the costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio by the state highway patrol.
(H) At the time and in the manner provided by section
4503.10 of the Revised Code, the deputy registrar shall transmit
the fees collected under divisions (A), (B), (C), (D), and (E),
and those portions of the fees specified in and collected under
division (F), and the additional fee under division (G) of this section to the registrar. The registrar
shall pay two dollars and fifty cents of each fee collected under
divisions
(A), (B), (C), (D), and (E)(1) to (4) of this
section,
and the entire fee collected under division (E)(5)
of this
section, into the state highway safety fund
established in section
4501.06 of the Revised Code, and such fees shall be
used for the
sole purpose of supporting driver licensing activities. The registrar also shall pay the entire fee collected under division (G) of this section into the state highway patrol fund created in section 4501.061 of the Revised Code. The
remaining fees collected by the registrar under this section shall
be paid
into the state bureau of motor vehicles fund established
in section 4501.25 of
the Revised Code.
(H)(I) A disabled veteran who has a
service-connected
disability rated at one hundred per cent by
the veterans'
administration may apply to the registrar or a
deputy registrar
for the issuance to that veteran, without the
payment of any fee
prescribed in this section, of any of the
following items:
(1) A temporary instruction permit and examination;
(2) A new, renewal, or duplicate driver's or
commercial
driver's license;
(3) A motorcycle operator's endorsement;
(4) A motorized bicycle license or duplicate thereof;
(5) Lamination of a driver's license, motorized bicycle
license, or temporary instruction permit identification card as
provided in division (F) of this section, if the
circumstances
specified in division (H)(I)(5) of this section are
met.
If the driver's license, motorized bicycle license, or
temporary instruction permit identification card of a
disabled
veteran described in division (H)(I) of this
section is
laminated by
a deputy registrar who is acting as a deputy
registrar
pursuant to
a contract with the registrar that is in
effect on
October 14,
1997,
the
disabled veteran
shall be required to pay the
deputy
registrar
the lamination fee
provided in division
(F) of this
section. If
the driver's license, motorized bicycle license, or
temporary instruction permit
identification card of such a
disabled veteran is laminated by a
deputy registrar who is acting
as a deputy registrar pursuant to a
contract
with the registrar
that is executed after
October 14, 1997,
the disabled veteran is
not required to pay the
deputy registrar the
lamination fee
provided in division (F) of
this
section.
A disabled veteran whose driver's license, motorized
bicycle
license, or temporary instruction permit identification
card is
laminated by the registrar is not required to
pay the
registrar
any lamination
fee.
An application made under division (H)(I) of this section shall
be
accompanied by such documentary evidence of disability as the
registrar may require by rule.
Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to 4511.78, inclusive, section 4511.99, and
sections 4513.01 to 4513.37, inclusive, of the Revised Code do not apply to
persons, teams, motor vehicles, and other equipment while actually engaged in
work upon the surface of a highway within an area designated by traffic
control
devices, but apply to such persons and vehicles when traveling to or from such
work.
(B) The drivers driver of snow plows, traffic line strippers, road sweepers,
mowing
machines, tar distributing vehicles, and other vehicles utilized
in snow and
ice removal or road surface a highway maintenance vehicle owned by this state or any political subdivision of this state, while the driver is engaged in work
the performance of official duties upon a street or highway,
provided such vehicles are the highway maintenance vehicle is equipped with flashing lights and such
other
markings as are required by law, and such lights are in operation
when the
vehicles driver and vehicle are so engaged, shall be exempt from criminal prosecution
for
violations of sections 4511.22, 4511.25, 4511.26, 4511.27,
4511.28, 4511.30,
4511.31, 4511.33, 4511.35, and 4511.66, 4513.02, and 5577.01 to 5577.09 of the Revised Code. Such
exemption
shall not apply to such drivers when their vehicles are not so
engaged. This
(C)(1) This
section shall does not exempt a driver of such equipment a highway maintenance vehicle from civil
liability
arising from the a violation of sections section 4511.22, 4511.25, 4511.26,
4511.27, 4511.28,
4511.30, 4511.31, 4511.33, 4511.35, and 4511.66, or 4513.02 or sections 5577.01 to 5577.09 of the Revised
Code.
(2) This section does not exempt the driver of a vehicle that is engaged in the transport of highway maintenance equipment from criminal liability for a violation of sections 5577.01 to 5577.09 of the Revised Code.
(D) As used in this section, "highway maintenance vehicle" means a vehicle used in snow and ice removal or road surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities.
Sec. 4511.19. (A) No person shall operate any vehicle,
streetcar, or trackless trolley within this state, if any of the
following apply:
(1) The person is under the influence of alcohol, a drug
of
abuse, or alcohol and a drug of abuse;.
(2) The person has a concentration of ten-hundredths eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight of alcohol in the person's
blood;.
(3) The person has a concentration of ten-hundredths eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath;.
(4) The person has a concentration of fourteen-hundredths
eleven-hundredths of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine;.
(5) The person has a concentration of
seventeen-hundredths
of one per cent or more by weight of alcohol
in the person's
blood;.
(6) The person has a concentration of
seventeen-hundredths
of one gram or more by weight of alcohol per
two hundred ten
liters of the person's breath;.
(7) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if
any of the following apply:
(1) The person has a concentration of at least
two-hundredths of one per cent but less than ten-hundredths eight-hundredths of
one
per cent by weight of alcohol in the person's blood;.
(2) The person has a concentration of at least
two-hundredths of one gram but less than ten-hundredths eight-hundredths of one
gram by weight of alcohol per two hundred ten liters of the
person's breath;.
(3) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
fourteen-hundredths eleven-hundredths of
one gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1) and a
violation
of division (B)(1), (2), or (3) of this section, but
the person
may not be convicted of more than one violation of these
divisions.
(D)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section, of a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, or of a municipal ordinance relating to operating a
vehicle
with a prohibited concentration of alcohol in the blood,
breath,
or urine, the court may admit evidence on the
concentration of
alcohol, drugs of abuse, or alcohol and drugs of
abuse in the
defendant's blood, breath, urine, or other bodily
substance at the
time of the alleged violation as shown by
chemical analysis of the
defendant's blood, urine, breath, or
other bodily substance
withdrawn within two hours of the time of
the alleged violation.
When a person submits to a blood test at the request of a
police officer under section 4511.191 of the Revised Code, only a
physician, a registered nurse, or a qualified technician or
chemist shall withdraw blood for the purpose of determining its
alcohol, drug, or alcohol and drug content. This limitation does
not apply to the taking of breath or urine specimens. A
physician, a registered nurse, or a qualified technician or
chemist may refuse to withdraw blood for the purpose of
determining the alcohol, drug, or alcohol and drug content of the
blood, if in the opinion of the physician, nurse,
technician, or
chemist the physical welfare of the person would
be endangered by
the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with
methods approved by the director of health by an individual
possessing a valid permit issued by the director of health
pursuant to section 3701.143 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section, of a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, or of a municipal ordinance substantially equivalent to
division (A) of this section relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, if there was at the time the bodily substance was
withdrawn
a concentration of less than ten-hundredths eight-hundredths of one per
cent by
weight of alcohol in the defendant's blood, less than
ten-hundredths eight-hundredths of one gram by weight of alcohol per two hundred
ten liters of the defendant's breath, or less than
fourteen-hundredths eleven-hundredths of one
gram by weight of alcohol per one
hundred milliliters of the
defendant's
urine, such that fact may be
considered with other competent evidence
in determining the guilt
or innocence of the defendant. This
division does not limit or
affect a criminal prosecution or
juvenile court proceeding for a
violation of division (B) of this
section or of a municipal
ordinance substantially equivalent to
division (B) of this section
relating to operating a vehicle with
a prohibited concentration of
alcohol in the blood, breath, or
urine.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney or agent immediately upon the completion
of the chemical test analysis.
The person tested may have a physician, a registered nurse,
or a qualified technician or chemist of the person's own
choosing
administer a chemical test or tests in addition to any
administered at the request of a police officer, and shall be so
advised. The failure or inability to obtain an additional
chemical test by a person shall not preclude the admission of
evidence relating to the chemical test or tests taken at the
request of a police officer.
(4) Any physician, registered nurse, or qualified
technician
or chemist who withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability, and from civil
liability that is
based upon a claim of assault and battery or
based upon any other
claim that is not in the nature of a claim
of malpractice, for any
act performed in withdrawing blood from
the person.
Sec. 4511.191. (A) Any person who operates a vehicle upon
a
highway or any public or private property used by the public
for
vehicular travel or parking within this state shall be deemed
to
have given consent to a chemical test or tests of the
person's
blood,
breath, or urine for the purpose of determining the
alcohol,
drug, or alcohol and drug content of the person's blood,
breath, or urine
if arrested for operating a vehicle while under
the influence of
alcohol, a drug of abuse, or alcohol and a drug
of abuse or for
operating a vehicle with a prohibited
concentration of alcohol in
the blood, breath, or urine. The
chemical test or tests shall be
administered at the request of a
police officer having reasonable
grounds to believe the person to
have been operating a vehicle
upon a highway or any public or
private property used by the
public for vehicular travel or
parking in this state while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse or with a prohibited
concentration of alcohol in the
blood, breath, or urine. The law
enforcement agency by which the
officer is employed shall
designate which of the tests shall be
administered.
(B) Any person who is dead or unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal,
shall be deemed not to have withdrawn consent as provided
by
division (A) of this section and the test or tests may be
administered, subject to sections 313.12 to 313.16 of the Revised
Code.
(C)(1) Any person under arrest for operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine shall be
advised at a police station, or at a hospital, first-aid station,
or clinic to which the person has been taken for first-aid or
medical treatment, of both of the following:
(a) The consequences, as specified in division (E) of this
section, of the person's refusal to submit upon request to a
chemical test
designated by the law enforcement agency as provided
in division
(A) of this section;
(b) The consequences, as specified in division (F) of this
section, of the person's submission to the designated
chemical
test if the person is found to have a prohibited
concentration of
alcohol in the
blood, breath, or urine.
(2)(a) The advice given pursuant to division (C)(1) of
this
section shall be in a written form containing the
information
described in division (C)(2)(b) of this section and
shall be read
to the person. The form shall contain a statement
that the form
was shown to the person under arrest and read to
the person in the
presence of the arresting officer and
either another
police
officer, a civilian police employee, or an employee of a
hospital,
first-aid station, or clinic, if any, to which the
person has been
taken for first-aid or medical treatment. The
witnesses shall
certify to this fact by signing the form.
(b) The form required by division (C)(2)(a) of this
section
shall read as follows:
"You now are under arrest for operating a vehicle while
under
the influence of alcohol, a drug of abuse, or both alcohol
and a
drug of abuse and will be requested by a police officer to
submit
to a chemical test to determine the concentration of
alcohol,
drugs of abuse, or alcohol and drugs of abuse in your
blood,
breath, or urine.
If you refuse to submit to the requested test or if you
submit to the requested test and are found to have a prohibited
concentration of alcohol in your blood, breath, or urine, your
driver's or commercial driver's license or permit or nonresident
operating privilege immediately will be suspended for the period
of time specified by law by the officer, on behalf of the
registrar of motor vehicles. You may appeal this suspension at
your initial appearance before the court that hears the charges
against you resulting from the arrest, and your initial
appearance
will be conducted no later than five days after the
arrest. This
suspension is independent of the penalties for the
offense, and
you may be subject to other penalties upon
conviction."
(D)(1) If a person under arrest as described in division
(C)(1) of this section is not asked by a police officer to submit
to a chemical test designated as provided in division (A) of this
section, the arresting officer shall seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person and immediately forward the seized license or permit
to
the court in which the arrested person is to appear on the
charge
for which the person was arrested. If the arrested person does
not have the person's driver's or commercial driver's license or
permit on the person's self or in the person's vehicle, the
arresting
officer shall order the arrested person to surrender it
to
the law enforcement agency that employs
the officer within
twenty-four hours after the arrest, and, upon
the surrender, the
officer's employing agency immediately shall
forward the license
or permit to the court in which the
arrested person is to appear
on the charge for which the person was arrested. Upon
receipt of
the
license or permit, the court shall retain it pending the
initial
appearance of the arrested person and any action taken
under
section 4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of
this section is asked by a police officer to submit to a chemical
test designated as provided in division (A) of this section and
is
advised of the consequences of the person's refusal or submission
as
provided in division (C) of this section and if the person
either refuses to submit to the designated chemical test or the
person
submits to the designated chemical test and the test
results
indicate that the person's blood contained a concentration
of ten-hundredths eight-hundredths of one per cent or more by weight of alcohol,
the person's breath contained a concentration of ten-hundredths eight-hundredths of
one gram or
more by weight of alcohol per two hundred ten liters
of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths eleven-hundredths of one gram or more by weight
of alcohol per
one hundred milliliters of the person's urine at
the time of
the alleged
offense, the arresting officer shall do
all of the following:
(a) On behalf of the registrar, serve a notice of
suspension
upon the person that advises the person that,
independent of any
penalties or sanctions imposed upon the
person pursuant to any
other section of the Revised Code or any other
municipal
ordinance, the person's driver's or commercial
driver's license
or
permit or nonresident operating privilege is suspended, that
the
suspension takes effect immediately, that the suspension will
last
at least until the person's initial appearance on the
charge that
will be held within five days after the date of the person's
arrest or the
issuance of a citation to the person, and that
the
person may appeal the
suspension at the initial appearance; seize
the Ohio or
out-of-state driver's or commercial driver's license
or permit of
the person; and immediately forward the seized
license or permit
to the registrar. If the arrested person does
not have the person's driver's
or commercial driver's license or
permit on the person's self or in
the
person's vehicle, the
arresting officer shall order
the person to surrender it to the
law enforcement agency that employs
the officer within twenty-four
hours after the service of the notice
of suspension, and, upon the
surrender, the officer's employing
agency immediately shall
forward the license or permit to the
registrar.
(b) Verify the current residence of the person and, if it
differs from that on the person's driver's or commercial driver's
license or permit, notify the registrar of the change;
(c) In addition to forwarding the arrested person's
driver's
or commercial driver's license or permit to the
registrar, send to
the registrar, within forty-eight hours after
the arrest of the
person, a sworn report that includes all of the
following
statements:
(i) That the officer had reasonable grounds to believe
that,
at the time of the arrest, the arrested person was
operating a
vehicle upon a highway or public or private property
used by the
public for vehicular travel or parking within this
state while
under the influence of alcohol, a drug of abuse, or
alcohol and a
drug of abuse or with a prohibited concentration of
alcohol in the
blood, breath, or urine;
(ii) That the person was arrested and charged with
operating
a vehicle while under the influence of alcohol, a drug
of abuse,
or alcohol and a drug of abuse or with operating a
vehicle with a
prohibited concentration of alcohol in the blood,
breath, or
urine;
(iii) That the officer asked the person to take the
designated chemical test, advised the person of the consequences
of submitting to the chemical test or refusing to take the
chemical test, and gave the person the form described in division
(C)(2) of this section;
(iv) That the person refused to submit to the chemical
test
or that the person submitted to the chemical test and the
test
results indicate that the person's blood contained a
concentration
of
ten-hundredths eight-hundredths of one per cent or more by weight of alcohol,
the
person's breath contained a concentration of ten-hundredths eight-hundredths of
one gram or
more by weight of alcohol per two hundred ten liters
of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths eleven-hundredths of one gram or more by weight
of alcohol per
one hundred milliliters of the person's urine at
the time of
the alleged
offense;
(v) That the officer served a notice of suspension upon
the
person as described in division (D)(1)(a) of this section.
(2) The sworn report of an arresting officer completed
under
division (D)(1)(c) of this section shall be given by the
officer
to the arrested person at the time of the arrest or sent
to the
person by regular first class mail by the registrar as
soon
thereafter as possible, but no later than fourteen days
after
receipt of the report. An arresting officer may give an
unsworn
report to the arrested person at the time of the arrest
provided
the report is complete when given to the arrested person
and
subsequently is sworn to by the arresting officer. As soon
as
possible, but no later than forty-eight hours after the arrest
of
the person, the arresting officer shall send a copy of the
sworn
report to the court in which the arrested person is to
appear on
the charge for which the person was arrested.
(3) The sworn report of an arresting officer completed and
sent to the registrar and the court under divisions (D)(1)(c) and
(D)(2) of this section is prima-facie proof of the information
and
statements that it contains and shall be admitted and
considered
as prima-facie proof of the information and statements
that it
contains in any appeal under division (H) of this section
relative
to any suspension of a person's driver's or commercial
driver's
license or permit or nonresident operating privilege
that results
from the arrest covered by the report.
(E)(1) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person who refused to take the designated chemical test, the
registrar shall enter into the registrar's records the fact
that
the person's
driver's or commercial driver's license or permit or
nonresident
operating privilege was suspended by the arresting
officer under
division (D)(1)(a) of this section and the period of
the
suspension, as determined under divisions (E)(1)(a) to (d) of
this section. The suspension shall be subject to appeal as
provided in this section and shall be for whichever of the
following periods applies:
(a) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had not refused a previous request to consent to a chemical
test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension shall be one year. If
the person is a
resident without a license or permit to operate a
vehicle within
this state, the registrar shall deny to the person
the issuance
of a driver's or commercial driver's license or
permit for a
period of one year after the date of the alleged
violation.
(b) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a chemical
test of
the person's blood, breath, or urine to determine its
alcohol content, the
period of suspension or denial shall be two
years.
(c) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a chemical
test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension or denial shall be three
years.
(d) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to consent to a
chemical test of the person's blood, breath, or urine to
determine
its
alcohol content, the period of suspension or denial shall be
five
years.
(2) The suspension or denial imposed under division (E)(1)
of this section shall continue for the entire one-year, two-year,
three-year, or five-year period, subject to appeal as provided in
this section and subject to termination as provided in division
(K) of this section.
(F) Upon receipt of the sworn report of an arresting
officer
completed and sent to the registrar and a court pursuant
to
divisions (D)(1)(c) and (D)(2) of this section in regard to a
person whose test results indicate that the person's blood
contained a
concentration of ten-hundredths eight-hundredths of one per cent or
more by weight
of alcohol, the person's breath contained a
concentration of
ten-hundredths eight-hundredths of one gram or more by weight of
alcohol per two
hundred ten liters of the person's breath, or
the
person's urine contained a
concentration of fourteen-hundredths eleven-hundredths of
one gram or more by
weight of alcohol per one hundred milliliters
of the
person's urine at the time of the alleged offense, the
registrar shall
enter into the registrar's records the fact that
the person's driver's or
commercial
driver's license or permit or
nonresident operating privilege was
suspended by the arresting
officer under division (D)(1)(a) of
this section and the period of
the suspension, as determined
under divisions (F)(1) to (4) of
this section. The suspension
shall be subject to appeal as
provided in this section and shall
be for whichever of the
following periods that applies:
(1) Except when division (F)(2), (3), or (4) of this section
applies and specifies a different period of suspension or denial,
the period
of the suspension or denial shall be ninety days.
(2) The period of suspension or denial shall be one year if
the person has been convicted, within six years of
the date the
test
was conducted, of a violation of
one of the following:
(a) Division (A) or (B) of section 4511.19 of the Revised
Code;
(b) A municipal ordinance relating to operating a vehicle
while under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse;
(c) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine;
(d) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section;
(e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a
municipal ordinance that
is substantially similar to either of those
divisions;
(f) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section, in a
case in which
the jury or judge found that at the time of the
commission of the
offense the offender was under the influence of
alcohol, a drug
of abuse, or alcohol and a drug of abuse;
(g) A statute of the United States or
of any other state or
a municipal ordinance of a municipal corporation located
in any
other state that is substantially similar to division (A) or (B)
of
section 4511.19 of the Revised Code.
(3) If the person has been convicted, within six years of
the date the test was conducted, of two violations of a statute
or
ordinance described in division (F)(2) of this section,
the period
of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of
the date the test was conducted, of more than two violations of a
statute or ordinance described in division (F)(2) of this
section,
the period of the suspension or denial shall be three
years.
(G)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (D)(1)(a) of this section for the period of time
described in division (E) or (F) of this section is effective
immediately from the time at which the arresting officer serves
the notice of suspension upon the arrested person. Any
subsequent
finding that the person is not guilty of the charge
that resulted
in the person being requested to take, or in
the person taking,
the chemical test or tests under division (A) of this section
affects the suspension only as described in division (H)(2) of
this section.
(2) If a person is arrested for operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and
regardless of whether the person's driver's or commercial
driver's
license or permit or nonresident operating privilege is
or is not
suspended under division (E) or (F) of this section,
the person's
initial appearance on the charge resulting from the
arrest shall
be held within five days of the person's arrest or
the issuance of
the citation to the person, subject to any
continuance
granted by
the court pursuant to division (H)(1) of this section
regarding
the issues specified in that division.
(H)(1) If a person is arrested for operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if
the
person's driver's or commercial driver's license or permit or
nonresident operating privilege is suspended under division (E)
or
(F) of this section, the person may appeal the suspension at
the
person's initial appearance on the charge
resulting from
the
arrest in the court in which the person will appear on
that
charge. If the person appeals the suspension at the
person's
initial appearance, the appeal does
not stay the operation of the
suspension. Subject to division
(H)(2) of this section, no court
has jurisdiction to grant a stay
of a suspension imposed under
division (E) or (F) of this
section, and any order issued by any
court that purports to grant
a stay of any suspension imposed
under either of those divisions
shall not be given administrative
effect.
If the person appeals the suspension at the person's initial
appearance, either the person or the registrar may request a
continuance
of the appeal. Either the person or the registrar
shall make the
request for a continuance of the appeal at the same
time as the
making of the appeal. If either the person or the
registrar
requests a continuance of the appeal, the court may
grant the
continuance. The court also may continue the appeal on
its own
motion. The granting of a continuance applies only to the
conduct of the appeal of the suspension and does not extend the
time within which the initial appearance must be conducted, and
the court shall proceed with all other aspects of the initial
appearance in accordance with its normal procedures. Neither the
request for nor the granting of a continuance stays the operation
of the suspension that is the subject of the appeal.
If the person appeals the suspension at the person's initial
appearance, the scope of the appeal is limited to determining
whether one or more of the following conditions have not been
met:
(a) Whether the law enforcement officer had reasonable
ground to believe the arrested person was operating a vehicle
upon
a highway or public or private property used by the public
for
vehicular travel or parking within this state while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine and whether the arrested person was in fact
placed under arrest;
(b) Whether the law enforcement officer requested the
arrested person to submit to the chemical test designated
pursuant
to division (A) of this section;
(c) Whether the arresting officer informed the arrested
person of the consequences of refusing to be tested or of
submitting to the test;
(d) Whichever of the following is applicable:
(i) Whether the arrested person refused to submit to the
chemical test requested by the officer;
(ii) Whether the chemical test results indicate that the
arrested person's blood contained a concentration of
ten-hundredths eight-hundredths of one
per cent
or more by weight of alcohol, the
person's breath contained
a
concentration of ten-hundredths eight-hundredths of one
gram or more by weight of
alcohol per two hundred ten liters of
the person's breath,
or the person's urine contained a
concentration of
fourteen-hundredths eleven-hundredths of one gram or
more by weight
of alcohol per one hundred milliliters of the
person's urine at
the time of the alleged offense.
(2) If the person appeals the suspension at the initial
appearance, the judge or referee of the court or the mayor of the
mayor's court shall determine whether one or more of the
conditions specified in divisions (H)(1)(a) to (d) of this
section
have not been met. The person who appeals the suspension
has the
burden of proving, by a preponderance of the evidence,
that one or
more of the specified conditions has not been met.
If during the
appeal at the initial appearance the judge or
referee of the court
or the mayor of the mayor's court determines
that all of those
conditions have been met, the judge, referee,
or mayor shall
uphold the suspension, shall continue the
suspension, and shall
notify the registrar of the decision on a form
approved by the
registrar. Except as otherwise provided in division
(H)(2) of
this section, if the suspension is upheld or if the person does
not
appeal the suspension at the person's initial appearance
under
division (H)(1) of this section, the suspension shall continue
until the
complaint alleging the violation for which the person
was arrested and in
relation to which the suspension was imposed
is adjudicated on
the merits by the judge or referee of the trial
court or by the
mayor of the mayor's court. If the suspension was
imposed under
division (E) of this section and it is continued
under this
division, any subsequent finding that the person is not
guilty of
the charge that resulted in the person being requested
to take the
chemical test or tests under division (A) of this
section does
not terminate or otherwise affect the suspension. If
the
suspension was imposed under division (F) of this section and
it
is continued under this division, the suspension shall
terminate
if, for any reason, the person subsequently is found not
guilty
of the charge that resulted in the person taking the
chemical test or
tests under division (A) of this section.
If, during the appeal at the initial appearance, the judge
or
referee of the trial court or the mayor of the mayor's court
determines that one or more of the conditions specified in
divisions (H)(1)(a) to (d) of this section have not been met, the
judge, referee, or mayor shall terminate the suspension, subject
to the imposition of a new suspension under division (B) of
section 4511.196 of the Revised Code; shall notify the registrar
of the decision on a form approved by the registrar; and, except
as
provided in division (B) of
section 4511.196 of the Revised
Code, shall order the registrar
to return the driver's or
commercial driver's license or permit
to the person or to take
such measures as may be necessary, if
the license or permit was
destroyed under section 4507.55 of the
Revised Code, to permit the
person to obtain a replacement
driver's or commercial driver's
license or permit from the
registrar or a deputy registrar in
accordance with that section. The court
also shall issue to the
person a court order, valid for
not more than ten days from the
date of issuance, granting the
person operating privileges for
that period of time.
If the person appeals the suspension at the initial
appearance, the registrar shall be represented by the prosecuting
attorney of the county in which the arrest occurred if the
initial
appearance is conducted in a juvenile court or county
court,
except that if the arrest occurred within a city or
village within
the jurisdiction of the county court in which the
appeal is
conducted, the city director of law or village
solicitor of that
city or village shall represent the registrar.
If the appeal is
conducted in a municipal court, the registrar
shall be represented
as provided in section 1901.34 of the
Revised Code. If the appeal
is conducted in a mayor's court, the
registrar shall be
represented by the city director of law,
village solicitor, or
other chief legal officer of the municipal
corporation that
operates that mayor's court.
(I)(1)(a) A person is not entitled to request, and a court
shall not grant to the person, occupational driving privileges
under division
(I)(1) of this section if
a person's driver's or
commercial driver's
license or permit or nonresident operating
privilege has been
suspended pursuant to division (E) of this
section, and the
person, within the preceding seven years, has
refused three
previous requests to consent to a chemical test of
the
person's blood, breath, or urine to determine its alcohol
content or has
been convicted of or pleaded guilty to three or
more violations of
one or more of the following:
(i) Division (A) or (B) of section 4511.19 of the Revised
Code;
(ii) A
municipal ordinance relating to operating a vehicle
while under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse;
(iii) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine;
(iv) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of that section;
(v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a
municipal ordinance that
is substantially similar to either of those
divisions;
(vi) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the
Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section, in a
case in which
the jury or judge found that the person was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse;
(vii) A statute
of the United States or of any other state
or a municipal ordinance of a
municipal corporation located in any
other state that is substantially similar
to division (A) or (B)
of section 4511.19 of the Revised Code.
(b) Any other person who is not described in division
(I)(1)(a) of this section and whose driver's or
commercial
driver's
license or nonresident operating privilege has been
suspended
pursuant to division (E) of this section may file a
petition
requesting occupational driving privileges in the common
pleas court,
municipal court, county court, mayor's court, or, if
the person is a minor,
juvenile court
with jurisdiction over the
related criminal or delinquency case.
The petition may be filed
at any time subsequent to the date on
which the notice of
suspension is served upon
the arrested person. The person shall
pay the costs of the
proceeding, notify the registrar of the
filing of the petition,
and send the registrar a copy of the
petition.
In the proceedings, the registrar shall be represented by
the
prosecuting attorney of the county in which the arrest
occurred if
the petition is filed in the juvenile court, county
court, or
common pleas court, except that, if the arrest occurred within a
city or
village within the jurisdiction of the county court in
which the
petition is filed, the city director of law or village
solicitor
of that city or village shall represent the registrar.
If the
petition is filed in the municipal court, the registrar
shall be
represented as provided in section 1901.34 of the Revised
Code. If the
petition is filed in a mayor's court, the registrar
shall be represented by
the city director of law, village
solicitor, or other chief legal officer
of the municipal
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that
suspension would seriously affect the person's ability to
continue
in the person's employment, may grant the person
occupational
driving privileges during the period of suspension imposed
pursuant to division (E) of this section, subject to the
limitations contained in this division and division (I)(2) of
this
section. The court may grant the occupational driving
privileges,
subject to the limitations contained in this division
and division
(I)(2) of this section, regardless of whether the
person appeals
the suspension at the person's initial
appearance under
division
(H)(1) of this section or appeals the decision of the
court made
pursuant to the appeal conducted at the initial
appearance, and,
if the person has appealed the suspension or
decision, regardless
of whether the matter at issue has been
heard or decided by the
court. The court shall not grant
occupational driving privileges
for employment as
a driver of commercial motor vehicles to any
person who is
disqualified from operating a commercial motor
vehicle under
section 3123.611 or 4506.16 of the Revised Code or
whose commercial driver's license or commercial driver's temporary
instruction
permit has been suspended under section 3123.58 of the
Revised Code.
(2)(a) In granting occupational driving privileges under
division (I)(1) of this section, the court may impose any
condition it considers reasonable and necessary to limit the use
of a vehicle by the person. The court shall deliver to the
person
a permit card, in a form to be prescribed by the court,
setting
forth the time, place, and other conditions limiting the
defendant's use of a vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in the person's possession at all times during which
the
person is operating a vehicle.
A person granted occupational driving privileges who
operates
a vehicle for other than occupational purposes, in
violation of
any condition imposed by the court, or without
having the permit
in the person's possession, is guilty of a
violation of
section
4507.02 of the Revised Code.
(b) The court may not grant a person occupational driving
privileges under division (I)(1) of this section when prohibited
by a limitation contained in that division or during any of the
following periods of time:
(i) The first thirty days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had not refused a
previous request to
consent to a chemical test of the person's
blood, breath, or
urine to
determine its alcohol content;
(ii) The first ninety days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had refused one previous
request to
consent to a chemical test of the person's blood,
breath, or
urine to
determine its alcohol content;
(iii) The first year of suspension imposed upon a person
who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for which
refusal the
suspension was imposed, had refused two previous
requests to
consent to a chemical test of the person's blood,
breath, or
urine to
determine its alcohol content;
(iv) The first three years of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had refused three or
more previous
requests to consent to a chemical test of the
person's
blood, breath, or
urine to determine its alcohol content.
(3) The court shall give information in writing of any
action taken under this section to the registrar.
(4) If a person's driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to division (F) of this section, and the person, within
the preceding seven years, has been convicted of or pleaded
guilty
to three or more violations of division (A) or (B) of
section
4511.19 of the Revised Code, a municipal ordinance
relating to
operating a vehicle while under the influence of
alcohol, a drug
of abuse, or alcohol and a drug of abuse, a
municipal ordinance
relating to operating a vehicle with a
prohibited concentration of
alcohol in the blood, breath, or
urine, section 2903.04 of the
Revised Code in a case in which the
person was subject to the
sanctions described in division (D) of
that section, or section
2903.06, 2903.07, or 2903.08 or former section 2903.07 of the
Revised Code or a municipal
ordinance that is substantially
similar to former section 2903.07 of the
Revised Code in a case in which
the jury or judge found that the
person was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute
of the United States or
of any other state or a municipal ordinance of a
municipal
corporation located
in any other state that is substantially
similar to division (A) or
(B) of section 4511.19 of the Revised
Code, the
person is not entitled to request, and the court shall
not grant
to the person, occupational driving privileges under
this
division. Any other person whose driver's or commercial
driver's
license or nonresident operating privilege has been
suspended
pursuant to division (F) of this section may file in the
court
specified in division (I)(1)(b) of this section a petition
requesting occupational driving privileges in accordance with
section 4507.16 of the Revised Code. The petition may be filed
at
any time subsequent to the date on which the arresting officer
serves the notice of suspension upon the arrested person. Upon
the making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code.
The court may grant the occupational driving privileges, subject
to the limitations contained in section 4507.16 of the Revised
Code, regardless of whether the person appeals the suspension at
the person's initial appearance under division (H)(1) of
this
section or
appeals the decision of the court made pursuant to the
appeal
conducted at the initial appearance, and, if the person has
appealed the suspension or decision, regardless of whether the
matter at issue has been heard or decided by the court.
(J) When it finally has been determined under the
procedures
of this section that a nonresident's privilege to
operate a
vehicle within this state has been suspended, the
registrar shall
give information in writing of the action taken
to the motor
vehicle administrator of the state of the person's
residence and
of any state in which the person has a license.
(K) A suspension of the driver's or commercial driver's
license or permit of a resident, a suspension of the operating
privilege of a nonresident, or a denial of a driver's or
commercial driver's license or permit pursuant to
division (E) or
(F) of this section shall be
terminated by the
registrar upon
receipt of notice of the person's entering a plea
of guilty to, or
of the person's conviction of, operating a vehicle
while
under the
influence of alcohol, a drug of abuse, or alcohol and a
drug of
abuse or with a prohibited concentration of alcohol in
the blood,
breath, or urine, if the offense for which the plea is
entered or
that resulted in the conviction arose from the same incident
that
led to the suspension or denial.
The registrar shall credit against any judicial suspension
of
a person's driver's or commercial driver's license or permit
or
nonresident operating privilege imposed pursuant to division
(B)
or (E) of section 4507.16 of the Revised Code any time during
which the person serves a related suspension imposed pursuant to
division (E) or (F) of this section.
(L) At the end of a suspension period under this section,
section 4511.196, or division (B) of section 4507.16 of the
Revised Code and upon the request of the person whose driver's or
commercial driver's license or permit was suspended and who is
not
otherwise subject to suspension, revocation, or
disqualification,
the registrar shall return the driver's or
commercial driver's
license or permit to the person upon the
person's compliance with
all of the
conditions specified in divisions (L)(1) and (2)
of
this section:
(1) A showing by the person that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that the person is able to respond in damages in an
amount at
least equal to the minimum amounts specified in section
4509.51
of the Revised Code.
(2) Subject to the limitation contained in division
(L)(3)
of this section, payment by the person of a license
reinstatement
fee
of four hundred twenty-five dollars to the
bureau of motor
vehicles,
which fee shall be deposited in the state treasury and
credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(L)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds, the county juvenile
indigent drivers alcohol treatment funds,
and the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations pursuant
to
division (N) of this section, and shall be used only to pay
the
cost of an alcohol and drug addiction treatment program
attended
by an offender or juvenile traffic offender who is
ordered to
attend an alcohol and drug addiction treatment program
by a
county, juvenile, or municipal court judge and who is
determined
by the county, juvenile, or municipal court judge not
to have the
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with
that
division. Moneys in the fund that are not
distributed to a
county indigent drivers alcohol treatment fund,
a county juvenile
indigent drivers alcohol treatment fund, or a
municipal indigent
drivers alcohol treatment fund under division
(N) of this section
because the director of alcohol and drug addiction
services does
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was
arrested may
be transferred by the director of budget and
management to the
statewide treatment and prevention
fund created
by section
4301.30 of the Revised Code, upon certification of the
amount by the director
of alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under division (E) or (F) of this
section,
section 4511.196, or
division (B) of section 4507.16 of the
Revised Code, or any combination of the
suspensions described in
division (L)(3) of this section, and if the
suspensions arise from
a single incident or a single set of facts and
circumstances, the
person is liable for payment of, and shall be required to
pay to
the bureau, only one reinstatement fee of four hundred five
dollars. The reinstatement fee shall be distributed by the bureau
in
accordance with division (L)(2) of this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under division (L)(2)(e)(4) of this
section shall be used by the agency to pay for not more than
fifty
per cent of the amount of the salaries of law enforcement
officers
who conduct drug abuse resistance education programs in
public
schools. The attorney general shall not use more than six
per
cent of the amounts the attorney general's office
receives under
division
(L)(2)(e) of this section to pay the costs it incurs in
administering the grant program established by division (L)(2)(e)(4)
of this section and in providing training and materials relating
to drug abuse resistance education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(M) Suspension of a commercial driver's license under
division (E) or (F) of this section shall be concurrent with any
period of disqualification under section 3123.611 or
4506.16 of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for life from
holding a
commercial driver's license under section 4506.16 of the
Revised
Code shall be issued a driver's license under Chapter
4507. of
the Revised Code during the period for which the
commercial
driver's license was suspended under division (E) or
(F) of this
section, and no person whose commercial driver's
license is
suspended under division (E) or (F) of this section
shall be
issued a driver's license under that chapter during the
period of
the suspension.
(N)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division (N)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or division
(B)(2) of section 4507.02
of the Revised Code, and that are
required under division (A)(1),
(2), (5), or (6) of section 4511.99 or
division (B)(5) of section
4507.99 of the Revised Code to be
deposited into a county indigent
drivers alcohol treatment fund
or municipal indigent drivers
alcohol treatment fund shall be
deposited into the appropriate
fund in accordance with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division (L) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
division
(B) of section 4507.16 of the Revised Code, that portion
of the
fee shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(N)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol, drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions (N)(1) to (3)
of this section, the
court may declare a surplus in the fund. If
the court declares a surplus in
the fund, the court may expend the
amount of the surplus in the fund for
alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply:
(a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(b) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
Sec. 4511.197. (A) If a person is arrested for operating a
vehicle, streetcar, or trackless trolley in violation of division
(A) or (B) of section
4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the Revised Code
and if the person's driver's or
commercial
driver's license or permit or nonresident
operating
privilege is
suspended under section 4511.191 of the Revised Code,
the person
may
appeal the suspension at the person's initial
appearance on
the charge
resulting from the arrest or
within the
period ending
thirty days after the person's initial
appearance on
that charge,
in the court in which the person
will appear on that
charge. If
the person appeals the suspension,
the appeal itself
does not stay
the operation of the suspension. If the
person
appeals the
suspension, either the person or the registrar of
motor
vehicles
may request a
continuance of the appeal, and the
court may grant
the continuance. The court
also may continue the
appeal on its
own motion. Neither the request for, nor
the
granting of, a
continuance stays the suspension that is the
subject of the
appeal, unless the court specifically grants a
stay.
(B) A person shall file an appeal under division (A) of
this
section
in the municipal court, county court, juvenile court,
mayor's court, or
court of common pleas that has jurisdiction over
the charge
in relation to which the person was arrested.
(C) If a person appeals a suspension under division (A)
of
this
section, the scope of the appeal is limited to determining
whether one or
more of the following conditions have not been met:
(1) Whether the arresting law enforcement officer had
reasonable
ground to believe the arrested person was operating a
vehicle, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or was in physical control of a vehicle,
streetcar,
or trackless trolley in violation of section 4511.194
of the
Revised Code and whether
the arrested person was in
fact
placed
under arrest;
(2) Whether the law enforcement officer requested the
arrested
person to submit to the chemical test or tests designated
pursuant to
division (A) of section 4511.191 of the Revised Code;
(3) Whether the arresting officer informed the arrested
person of
the consequences of refusing to be tested or of
submitting to the test or
tests;
(4) Whichever of the following is applicable:
(a) Whether the arrested person refused to submit to the
chemical
test or tests requested by the officer;
(b) Whether the arrest was for a violation of division
(A)
or (B) of section 4511.19 of the Revised Code or a municipal
OVI
ordinance and, if it was, whether the chemical test results
indicate that the
arrested
person's whole blood contained a
concentration of ten-hundredths
eight-hundredths of one per
cent or more by weight
of
alcohol, the person's blood
serum or plasma contained a
concentration
of twelve-hundredths ninety-six-thousandths of
one per cent or more by
weight of
alcohol, the person's breath
contained a concentration
of ten-hundredths
eight-hundredths of one gram or more by
weight of alcohol per two
hundred ten liters of
the person's
breath, or the person's urine
contained a
concentration of
fourteen-hundredths eleven-hundredths of one gram or
more by weight
of alcohol per
one hundred milliliters of the
person's urine at
the time of the
alleged offense.
(D) A person who appeals a suspension under division (A)
of
this
section has the burden of proving, by a preponderance of the
evidence,
that one or more of the conditions specified in division
(C) of this section has not been met. If, during the
appeal, the
judge or magistrate of the court or the mayor of the mayor's court
determines
that all of those conditions have been met, the judge,
magistrate, or mayor
shall uphold the
suspension, continue the
suspension, and notify the registrar of
motor vehicles of the
decision on a form approved by the
registrar.
Except as otherwise provided in this section, if a suspension
imposed under section 4511.191 of the Revised Code is
upheld on
appeal or if the subject person does not appeal the suspension
under division (A) of this section, the suspension shall
continue
until the complaint alleging the violation for which the person
was
arrested and in
relation to which the suspension was imposed
is adjudicated on the merits
or terminated pursuant to law. If
the suspension was
imposed under division (B)(1) of section
4511.191 of the Revised Code and it is
continued under this
section, any subsequent finding that the person is not
guilty of
the charge that resulted in the
person being requested to take the
chemical test or tests under division
(A) of section 4511.191 of
the Revised Code does
not
terminate or otherwise affect the
suspension. If the suspension was
imposed under division (C) of
section 4511.191 of the Revised Code in relation to an
alleged
misdemeanor violation of division (A) or (B) of
section 4511.19 of
the Revised Code or of a municipal OVI ordinance and it is
continued
under this
section, the suspension shall terminate if,
for any reason,
the person subsequently is found not guilty of the
charge that resulted
in the person taking the chemical test or
tests.
If, during the appeal, the judge or magistrate of the trial
court
or the mayor of the mayor's court determines that one or
more of the
conditions specified in division (C) of this section
have not been
met, the judge, magistrate, or mayor shall terminate
the suspension, subject
to the imposition of a new suspension
under
division (B) of section 4511.196 of the Revised
Code; shall
notify
the registrar of motor vehicles of the decision on a form
approved by the
registrar; and, except as provided in division (B)
of
section 4511.196 of the Revised Code, shall order the
registrar
to
return the driver's or commercial driver's license or permit to
the person or
to take any other measures that may be necessary, if
the
license or permit was destroyed under section 4510.53 of the
Revised Code, to permit the
person to obtain a replacement
driver's or commercial driver's license or
permit from the
registrar
or a deputy registrar in accordance with that section.
The court
also shall issue to the person a court order, valid for
not more than ten days
from the date of issuance, granting the
person operating privileges for that
period.
(E) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.191 of the Revised Code may file a
petition
requesting limited driving privileges in the common pleas
court,
municipal court, county court, mayor's court, or juvenile
court with jurisdiction over the related criminal or delinquency
case.
The petition may be filed at any time subsequent to the
date on which
the arresting law enforcement officer serves the
notice of suspension
upon the arrested person but no later than
thirty days after the
arrested person's initial appearance or
arraignment. Upon the
making of the request, limited driving
privileges may be granted
under sections 4510.021 and 4510.13 of
the Revised Code, regardless of whether
the person appeals the
suspension under this section or appeals the
decision of the court
on the appeal, and, if the person has
so appealed the suspension
or decision, regardless of whether the matter
has been heard or
decided by the court. The person shall pay the costs
of the
proceeding, notify the registrar of the filing of the
petition,
and send the registrar a copy of the petition.
The court may not grant the person limited driving privileges
when
prohibited by section 4510.13 or 4511.191 of the Revised
Code.
(F) Any person whose driver's or commercial driver's license
or
permit has been suspended under section 4511.19 of the Revised
Code or under section 4510.07 of the Revised Code for a conviction
of a municipal
OVI offense and who desires to retain the license
or permit during
the pendency of an appeal, at the time sentence
is pronounced, shall notify
the court of record
or mayor's court
that suspended the license or permit of the person's
intention to
appeal. If the person so notifies the court, the
court, mayor, or
clerk of the court shall retain the license or permit until
the
appeal is perfected, and, if execution of sentence is stayed,
the
license or permit shall be returned to the person to be held by
the
person during the pendency of the appeal. If the appeal is
not
perfected or is dismissed or terminated in an affirmance of
the conviction,
then the license or permit shall be taken up by
the court, mayor, or clerk, at
the time
of putting the sentence
into execution, and the court shall
proceed in the same manner as
if no appeal was taken.
(G) Except as otherwise provided in this division, if a
person
whose driver's or commercial driver's license or permit or
nonresident
operating privilege was suspended under section
4511.191
of the Revised Code appeals the suspension under division
(A) of
this section, the prosecuting attorney of the county in
which the
arrest occurred shall represent the registrar of motor
vehicles in the appeal.
If the arrest occurred within a municipal
corporation within the
jurisdiction of the court in which the
appeal is conducted, the
city director of law, village solicitor,
or other chief legal
officer of that municipal corporation shall
represent the
registrar. If the appeal is conducted in a
municipal court, the
registrar shall be represented as provided in
section 1901.34 of
the Revised Code. If the appeal is conducted
in a mayor's
court,
the city director of law, village solicitor,
or other chief legal
officer of the municipal corporation that
operates that
mayor's court shall represent the registrar.
(H) The court shall give information in writing of any
action
taken under this section to the registrar of motor
vehicles.
(I) When it finally has been determined under the procedures
of
this section that a nonresident's privilege to operate a
vehicle within this
state has been suspended, the registrar of
motor vehicles shall
give information in writing of the action
taken to the motor
vehicle administrator of the state of the
nonresident's residence
and of any state in which the nonresident
has a license.
Sec. 4513.111. (A)(1) Every multi-wheel agricultural
tractor
whose model year was 2001 or earlier,
when being operated
or
traveling on a street or highway at the times specified in
section
4513.03 of the Revised Code, at a minimum shall be
equipped
with and display
reflectors and illuminated amber lamps
so that the extreme left and right projections of the tractor are
indicated by flashing lamps displaying amber light, visible to the
front and
the rear, by amber reflectors, all visible
to the front,
and by
red reflectors, all visible to the
rear.
(2) The lamps displaying amber light need not flash
simultaneously and
need not flash in conjunction with any
directional signals of the tractor.
(3) The lamps and reflectors required by division (A)(1) of
this
section and their placement shall meet standards and
specifications contained in rules adopted by the director of
public safety in accordance with Chapter 119. of the Revised
Code.
The rules governing the amber lamps, amber reflectors, and red
reflectors and their placement shall
correlate with and, as far as
possible,
conform with
paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2
respectively of the American
society of agricultural engineers
standard ANSI/ASAE
S279.10 OCT98, lighting and marking of
agricultural
equipment on highways.
(B) Every unit of farm machinery
whose model year was 2002
or later,
when being operated
or traveling on a street or highway
at the times specified in
section 4513.03 of the Revised Code,
shall be equipped with
and display markings and illuminated lamps
that meet or exceed the lighting,
illumination, and marking
standards and specifications that are
applicable to that type of
farm machinery
for the unit's model year specified in the
American
society of agricultural engineers standard
ANSI/ASAE S279.10
OCT98 S279.11 APR01, lighting
and marking of agricultural equipment on highways, or any subsequent revisions of that standard.
(C) The lights and reflectors required by division (A)
of
this section are in
addition to the slow-moving vehicle emblem and
lights required or
permitted by section 4513.11 or 4513.17 of the
Revised Code
to be displayed on farm machinery being operated or
traveling on a street
or highway.
(D) No person shall operate any unit of farm machinery
on a
street
or highway or cause any unit of farm machinery to travel on
a street or
highway in violation of division (A) or (B)
of this
section.
Sec. 4513.52. (A) The department of public safety, with the
advice of the public utilities commission, shall adopt and enforce rules relating to the inspection of
buses to determine whether a bus is safe and lawful, including whether its equipment is in proper
adjustment or repair.
(B) The rules shall determine the safety features, items of
equipment, and other safety-related conditions subject to inspection. The rules may authorize the
state highway patrol to operate safety inspection sites, or to
enter in or upon the property of any bus operator to conduct the
safety inspections, or both. The rules also shall establish a
fee, not to exceed one two hundred dollars, for each bus inspected.
(C) The state highway patrol shall conduct the bus safety
inspections at least on an annual basis. An inspection conducted under this section is valid for
twelve months unless, prior to that time, the bus fails a subsequent inspection or ownership of the
bus is transferred.
(D) The state highway patrol shall collect a fee for each bus
inspected.
(E) Upon determining that a bus is in safe operating condition,
that its equipment is in proper adjustment and repair, and that it is otherwise lawful, the inspecting
officer shall do both of the following:
(1) Affix an official safety inspection decal to the outside
surface of each side of the bus;
(2) Issue the owner or operator of the bus a safety inspection
report, to be presented to the registrar or a deputy registrar upon
application for registration of the bus.
Sec. 4513.53. (A) The superintendent of the state highway
patrol, with approval of the director of public safety, may
appoint and maintain necessary staff to
carry out the inspection of buses.
(B) The superintendent of the state highway patrol shall adopt a
distinctive annual safety inspection decal bearing the date of inspection.
The state highway patrol
may remove any decal from a bus that fails any inspection.
(C) Fees collected by the state highway patrol shall be paid into
the state treasury to the credit of the general revenue fund. Annually by the first day of June, the director of public safety shall determine the amount of fees collected under section 4513.52 of the Revised Code and shall certify the amount to the director of budget and management for reimbursement. The director of budget and management then may transfer cash up to the amount certified from the general revenue fund to the state highway safety fund.
Sec. 4549.10. No person shall operate or cause to be
operated upon a public
road or highway a motor vehicle of a
manufacturer or dealer unless such
vehicle
carries and displays
two placards a placard, except as provided in section 4503.21 of
the
Revised
Code issued by the director of public safety, bearing the
registration
number of its manufacturer or dealer.
Sec. 5501.20. (A) As used in this section:
(1) "Career professional service" means that part of the
competitive classified service that consists of employees of the
department of transportation who, regardless of job
classification, meet both
of the following qualifications:
(a) They are supervisors, professional employees who are not
in a
collective bargaining unit, confidential
employees, or
management level employees, all as defined in section
4117.01 of
the Revised Code.
(b) They exercise
authority that is not merely routine or
clerical in nature and
report only to a higher level unclassified
employee or employee
in the career professional service.
(2) "Demoted" means that an employee is placed in a position
where the
employee's wage rate equals, or is not more than twenty
per cent less than,
the employee's wage rate immediately prior to
demotion or where the employee's
job responsibilities are reduced,
or both.
(3) "Employee in the career professional service with
restoration rights" means an
employee in the career professional
service who has been in the
classified civil service for at least
two years and who has a cumulative total
of at least ten years of
continuous service with the department of
transportation.
(B) Not later than the
first day of July of each
odd-numbered year, the director of transportation shall adopt a
rule in accordance with section 111.15 of the Revised Code
that
establishes a business plan for the department of transportation
that states
the department's mission, business objectives, and
strategies
and that establishes a procedure by which employees in
the
career professional service will be held accountable for
their
performance. The director shall adopt a rule that establishes a
business plan for the department only once in each two
years.
Within sixty days after the effective date
of a rule that
establishes a business plan for the department, the director
shall
adopt a rule in accordance with
section 111.15 of the Revised Code
that identifies specific
positions within the department of
transportation that are
included in the career professional
service. The director may amend the rule
that identifies the
specific positions included in the career professional
service
whenever the
director determines necessary.
Any rule adopted
under this division is
subject to review and invalidation by the
joint
committee on agency rule
review as provided in division (D)
of section
111.15 of the Revised Code. The director shall provide
a
copy of
any rule adopted under this division to the director of
budget and
management.
Except as otherwise provided in this section, an
employee in
the career professional service is subject
to the provisions of
Chapter 124. of the Revised
Code that
govern employees in the
classified civil service.
(C) After an employee is appointed to a
position in the
career professional service, the employee's direct supervisor
shall provide the
employee appointed to that position with a
written performance action plan
that describes the department's
expectations for that employee in fulfilling
the mission, business
objectives, and strategies stated in the department's
business
plan. No sooner than four months after being appointed to a
position in
the career professional service, an employee appointed
to that position shall
receive a written performance
review based
on the employee's fulfillment of the mission,
business objectives,
and strategies stated in the department's
business plan. After
the initial performance review, the employee shall
receive a
written performance review at least once each year or as often as
the director considers necessary. The department shall give an
employee
whose
performance is unsatisfactory an opportunity to
improve
performance for a period of at least six months, by means
of a
written corrective action plan, before the department takes
any
disciplinary action under this section or section 124.34 of
the
Revised Code. The department shall base its performance
review forms on its business plan.
(D) An employee in the career professional
service may be
suspended, demoted, or removed because of
performance that hinders
or restricts the fulfillment of the
department's business plan or
for disciplinary reasons under section 124.34 or
124.57 of the
Revised Code. An employee in the career
professional service may
appeal only the employee's removal to the state personnel board
of
review.
An employee in the
career professional service may appeal
a demotion or a
suspension of more than three days pursuant to
rules the
director adopts in accordance with section 111.15 of the
Revised
Code.
(E) An employee in the career professional
service with
restoration rights
has restoration rights if demoted because of
performance that hinders or
restricts fulfillment of the mission,
business objectives, or strategies
stated in the department's
business plan, but not
if involuntarily demoted or removed for any
of the reasons described in
section 124.34 or for a violation of
section
124.57 of the Revised
Code.
The director shall demote an employee
who has restoration rights of that nature to a
position in the
classified service that in the director's judgment is similar
in
nature to the position the employee held
immediately prior to
being appointed to the position in the career
professional
service. The director shall assign to an employee who is
demoted
to a position in the classified service as provided in this
division
a wage rate that equals, or that is not more than twenty
per cent less than,
the wage rate assigned to the employee in the
career professional service
immediately prior to the employee's
demotion.
(F) This section establishes a
pilot program for employees
in the
career professional service of the department of
transportation. At the end of each fiscal biennium that this
program is in
effect, the
director of transportation shall prepare
a report describing and
evaluating the operation of the program
and forward a copy of
the report to the governor, director of
administrative services, speaker
of the house of representatives,
and president of the senate.
(G) No person shall be appointed to a position in the career
professional service of the
Department
of
Transportation after
June
30, 2003, including for the purpose of filling a vacancy
within the career
professional service that occurs for any reason.
Sec. 5501.34. (A) In the event that If circumstances alter the
highway requirements after the director of transportation has
acquired property so that
the real property, or part thereof, of the real property is
no longer required for highway
purposes, the director, in the name
of the state, may
sell all the right, title, and interest of the
state in any of the real
property. After
determining that
a
parcel of real property is no longer required
for highway
purposes, the director shall have the parcel appraised by
a
department prequalified appraiser.
(B) Except as otherwise provided in this section, the
director
shall advertise the sale of real property that is no
longer required for
highway purposes in
a newspaper of general
circulation in
the county in which the real property is situated
for at
least two
consecutive weeks prior to the date set for the
sale. The
real property may be sold at public auction to the
highest
bidder
for not less than two-thirds of its appraised
value,
but the director may reject all bids that are less than the
full appraised
value of the real property. However, if no sale has
been
effected after an
effort to sell under this
division, the
director may set aside the
appraisal, order a
new appraisal,
and, except as otherwise provided in
this
section, readvertise the
property for sale.
(C) If real property no longer required for
highway
purposes is
appraised or reappraised as
having a current fair
market value of twenty thousand
dollars
or
less, the director may
sell the real property to the sole
abutting owner
through a
private sale at a price not less than the appraised
value. If
there is more than one abutting owner, the director
may invite all
of the abutting owners to submit sealed bids and
may sell the
real
property to the highest bidder at not
less than its
appraised
value.
(D) If real property no longer required for
highway
purposes is appraised or reappraised as having a fair
market value
of two thousand dollars or less, and no sale has been
effected
after an effort to sell to the abutting owner or owners, the
director may advertise the sale of such the real
property in
accordance with division (B) of this section. The
director may
sell the land at public auction to
the highest bidder without
regard to its appraised value, but the director
may reject all
bids that are less than the full appraised value of the real
property.
(E) The department shall pay all expenses incurred in the
sale of
a parcel of real property out of the proceeds of the sale
and shall deposit
the balance of the proceeds in the
highway fund
used to acquire that parcel of real property.
(F) Upon a determination that real property previously
acquired
within a highway improvement project corridor no longer
is needed for highway
purposes, the director may offer the
unneeded property to another landowner located within that
project's corridor as full or partial consideration for other real
property to be acquired from the landowner. If the landowner
accepts the offer, the director shall convey the unneeded property
directly to the landowner at the full fair market value determined
by the department by appraisal. The director shall credit the
value of the
unneeded property against the acquisition price of
the property
being acquired by the department, and the landowner
shall pay the
department the difference if the value of the
unneeded property
exceeds the acquisition price of the property
being acquired.
(G) Conveyances of real property under this
section shall
be by a deed executed by the
governor, shall bear bearing the great seal of
the state of Ohio, and shall be
in the form as prescribed by the
attorney general. Section The requirements of section
5301.13 of the Revised Code, relating
to the sale for conveyances of public
lands, shall that are contrary to the requirements of this section do not apply to conveyances made
pursuant to under this
section. The director shall keep a record of all
such
conveyances of real property made under this section. This section applies to all real property
acquired by the
department, regardless of how or from whom the
property was acquired.
Sec. 5501.45. (A) The director of transportation may convey
or
transfer the fee simple estate or any lesser estate or interest
in, or permit the use of, for such a period as the director
shall
determine, any lands owned by the state and acquired or used for
the
state highway system or for highways or in connection with
highways or
as incidental to the acquisition of land for highways,
provided
that the director determines, after consulting with the
director of
natural resources,
that the property or interest
conveyed or made subject to a
permit to use is not needed by the
state for highway or
recreation purposes. Such The conveyance,
transfer, or permit to use
may be to the grantee or permittee or
to the grantee or permittee
and the grantee's or its successors
and assigns and shall be
of such
portion of such lands as the
director shall determine, which
shall be described in the deed,
transfer, or other instrument or
conveyance and in any permit to
use, and may include or be
limited to areas or space on, above, or
below the surface, and
also may include the grant of easements or
other interests in any such
lands for use by the grantee for
buildings or structures or for
other uses and purposes, and for
the support of buildings or
structures constructed or to be
constructed on or in the lands or
areas or space conveyed or made
subject to a permit to use.
(B) Whenever, pursuant to this section, separate units of
property are created in any lands, each unit shall for all
purposes constitute real property and, shall be deemed real estate
within the meaning of all provisions of the Revised Code, and
shall be
deemed to be a separate parcel for all purposes of
taxation and
assessment of real property, and no. No other unit or
other part of
such the lands shall be charged with the payment of
such the taxes and
assessments.
(C) With respect to any portion of the state highway system
not
owned in fee simple by the state, the director may permit the
use
of any portion thereof in perpetuity or for such a period of
time
as the director shall specify, including areas or space on,
above, or
beneath the surface, together with rights for the
support of
buildings or structures constructed or to be
constructed thereon
or therein, provided that the director
determines that the
portion made subject to a right to use is not
needed by the state for highway
purposes.
(D) The director shall require, as either a condition
precedent
or a condition subsequent to any conveyance, transfer,
or grant
or permit to use, that the plans and specifications for
all such
buildings or structures and the contemplated use thereof,
be
approved by the director as not interfering with the use of
the
state
highway system and not unduly endangering the public. The
director may
require such indemnity agreements in favor of the
director and the public as shall be lawful and as shall be deemed
necessary by
the director. The director shall not unreasonably
withhold
approval of such plans, specifications, and contemplated
use.
(E)(1) All such conveyances, transfers, grants, or permits
to use
that are made under this section to state institutions, agencies, commissions, or
instrumentalities, to political subdivisions, or to taxing districts of
the state, and to institutions receiving financial assistance from
the state, or to the federal government shall be upon such the consideration as shall be
determined
by the director determines to be fair and reasonable, without
competitive
bidding, and sections 5301.13 and 5515.01 of the
Revised Code,
relating to the sale or use of public lands shall
not apply to
conveyances, grants, transfers, or permits to use
made pursuant to
this division. An A conveyance, transfer, or grant shall be by deed or, if a statutory dedication of public roads is included, by plat; shall be executed by the director; and shall be in the form prescribed by the attorney general.
(2) An institution receiving
financial assistance
from the state shall provide the director with acceptable
documentary evidence of the state loan, grant, or other state
financial
assistance.
(2)(3) Any provision of section 5301.13 of the Revised Code that is contrary to a provision of this division does not apply to a conveyance, transfer, or grant made under this section.
(4) The director shall keep a record of all conveyances, transfers, grants, or permits to use made under this section.
(5) As used in this division, "institution receiving
financial
assistance from the state" includes any public or
private organization,
especially one of a charitable, civic, or
educational character, in receipt of
a state loan, grant, or other
type of state financial assistance.
(F) Except as provided in division (E) of this section,
all
conveyances, transfers, grants, or
permits to use that are made to private
persons, firms,
or
corporations shall be
conducted in
accordance
with the procedure set forth in section
5501.311 or 5501.34 of
the
Revised Code, as applicable.
(G) In any case where the director has acquired or acquires,
for the state highway system, easements in or permits to use
areas
or space on, above, or below the surface, the director
may
extinguish them in whole or in part or subordinate them to uses by
others,
provided that the director determines that the easements
or permit
to use so extinguished
or subordinated are not needed by
the state for highway purposes. The
director shall make any
extinguishments to the current underlying fee owner of
record at
no cost.
(H) No conveyance, transfer, easement, lease, permit, or
other
instrument executed pursuant to the authorization given by
this
section shall prejudice any right, title, or interest in any
lands affected thereby which at the date thereof existed in any
person, firm, or corporation, other than the state and other than
members of the general public having no specific rights in said those
lands, unless the right, title, or interest was expressly
subject
to the right of the state to make such the conveyance or
transfer,
grant such the right, or execute such the instrument, and
unless the state
by such that instrument expressly exercises such that
right, nor shall any
public utility be required to move or
relocate any of its
facilities that may be located in or on the
areas described in any
such the conveyance, transfer, easement,
lease, permit, or other
instrument.
Sec. 5502.02. All expenditures for the operation administration and maintenance of enforcement of motor vehicle and traffic laws by the
department of public safety shall be paid out of moneys derived from fees,
excises, or license taxes relating to registration, operation, or use of
vehicles on public highways or to fuels used for propelling such vehicles as provided in Section 5a of Article XII, Ohio Constitution.
Sec. 5502.39. There is hereby created in the state treasury the emergency management agency service and reimbursement fund. The fund shall consist of money collected under sections 5502.21 to 5502.38 of the Revised Code. All money in the fund shall be used to pay the costs of administering programs of the emergency management agency.
Sec. 5517.011. (A)(1) Notwithstanding section 5517.01 of
the
Revised Code, the
director of transportation may establish a
pilot program to expedite the sale
and construction of no more
than six special projects by combining the design
and construction
elements of a highway or bridge project into a single
contract. The director shall prepare and distribute a scope of work document upon which the bidders shall base their bids.
Except in regard to those requirements relating to providing
plans,
the director shall award contracts under this section in
accordance with
section 5525.01 Chapter 5525. of the Revised Code.
(2) On or before December 31,
2002, the
director shall
prepare and submit to the general assembly a
report evaluating the
experience of the department of transportation with each
project
under this division and contract under division (B) of
this
section, including whether the department realized any cost or
time
savings. Regarding those projects and contracts, the report
shall include
a discussion of the number and cost of change
orders, the quality of work
performed, the number of bids
received, the impact on minority and
female contract
participation, and other issues the director
considers
appropriate. The director also may make recommendations
regarding
the continuation of the
program, including the need for any
changes.
(3) After completion of the sixth
project, no projects shall
be commenced
under
this division unless the general assembly
either
approves additional projects
to further study the
effectiveness of the procedures or makes the program
permanent.
(B) In addition to the six projects under division (A)
of
this section,
during the period beginning July 1, 1999, and ending
June 30,
2001,
and also during the period beginning July 1, 2001,
and ending June 30, 2003, the director may expand the pilot
program to more contracts
combining the design and construction
elements of highway or
bridge projects.
For each biennium,
the
total dollar value of contracts made under
this division section shall
not
exceed two hundred fifty million dollars. The
director may
seek
either bids or technical proposals for contracts under this
division.
(1) When the director determines to award a
single contract
for a design-build project under this division through the
receipt
of bids, except for those requirements relating to providing
plans, the director shall award contracts in accordance with
Chapter 5525. of the
Revised
Code. When the director
determines
to award a single contract for a design-build project
under this
division through the receipt of technical proposals, the director
shall
advertise and select the design-build team using a
value-based
selection process combining technical qualifications
and
competitive bidding elements.
(2) If the director elects to utilize the competitive
bid
option for design-build projects,
the director shall prepare and
distribute a scope of work
document upon which the bidders shall
base their bids.
(3)(a) If the director elects to utilize a
value-based
selection process for design-build projects through
the receipt of
technical proposals, the director shall restrict
usage of this
method
to no more than
eighty-five million dollars
and no
more
than
two projects,
whose per-project estimate
must exceed
twenty
million
dollars. The director shall
prepare conceptual documents
for review by
interested parties,
accept letters of interest, and
select the
three most qualified
design-build teams to submit a
technical
proposal.
The criteria for selecting the three finalists shall
include
the qualifications and experience of the design-build
team,
including the proposed personnel to be utilized
and general
proposed project approach. The
schedule of activities
and
financial resources of the
design-build team also shall be
factors
in the selection
process.
In addition, the director shall
take
into consideration the
design-build team's affirmative action
policies and record with regard to
employees and subcontracts.
(b) After the director selects the three
finalists, the
finalists shall prepare both a technical proposal
and a price
proposal. The technical proposal shall state the
finalist's
qualifications and experience, including prior
performance by the
design-build team on similar projects, the
identity of the members
of each team, and a detailed project
approach and schedule. The
technical proposal also may include innovative
design and
construction techniques, aesthetics, environmental
protection, a
maintenance of traffic plan, and the type and
duration of warranty
coverage. The finalists shall submit the
price proposal
separately as requested by the director.
The director first shall review the submitted technical
proposals and ascribe a numerical score to each proposal. The
technical numerical scores shall be equated to a percentage
adjustment to be applied to the finalists' price proposals,
using
a predetermined schedule of adjustment made known to the
finalists
at the time of advertising. In no case shall the
technical
proposal rating exceed twenty-five per cent of the
value-based
technical and price selection criteria. The
director shall
reserve the right to consider a technical
proposal as being
nonresponsive, thereby eliminating that
finalist from further
consideration.
Upon completion of the rating of technical proposals,
the
director shall apply to the price proposals
the percentage
adjustments predetermined from the numerical
scores assigned to
the technical proposals. Unless all proposals are
rejected, the
director shall select the finalist with the lowest adjusted
price.
The adjusted price shall be used for selection only.
The contract
shall be based on the price proposal as
submitted.
The department shall compensate each responsive finalist not
selected
in an amount generally equal to
one-fourth of one per
cent of the unadjusted price proposal
amount submitted by the
selected finalist or by an amount
the director establishes at the
time of advertising.
The proposals of the two unsuccessful
finalists shall become the property of the director unless an
unsuccessful finalist elects to waive the compensation. The
director shall return the proposal of any unsuccessful finalist
who waives the compensation.
Sec. 5517.02. (A) Before undertaking the construction,
improvement, maintenance, or repair of a state highway, or a
bridge or culvert thereon, or the installation, maintenance, or
repair of a traffic control signal on a state highway, the
director of transportation shall make an estimate of the cost of
the work, which estimate shall include labor, material, freight,
fuel, use of equipment, and all other items of cost and expense using the force account project assessment form developed by the auditor of state under section 117.16 of the Revised Code.
In constructing, improving, maintaining, and repairing state
highways, and the bridges and culverts thereon, and in
installing, maintaining, and repairing traffic control signals on
state highways, the director, except as provided in division (B) of this section, shall proceed by contract let to the
lowest competent and responsible bidder, after advertisement as
provided in section 5525.01 of the Revised Code.
The above provision relating to the performance of work by
contract applies to all construction and reconstruction, except
in the case of a bridge or culvert, or the installation of a
traffic control signal, estimated to cost not more than twenty
thousand dollars. (B)(1) Where the work contemplated is the
construction of a bridge or culvert, or the installation of a
traffic control signal, estimated to cost not more than twenty fifty
thousand dollars, the director may proceed by employing labor,
purchasing materials, and furnishing equipment.
(2) The director may also proceed with maintenance or repair
work by employing labor, purchasing materials, and furnishing
equipment, provided the total estimated cost of the completed
operation, or series of connected operations, does not exceed ten twenty-five
thousand dollars per mile of highway, exclusive of structures and
traffic control signals, or twenty fifty thousand dollars for any
single structure or traffic control signal. The
(3) The director may
proceed by furnishing equipment, purchasing materials, and
employing labor in the erection of temporary bridges or the
making of temporary repairs to a highway or bridge rendered
necessary by flood, landslide, or other extraordinary emergency.
If the director determines that he is unable inability to
complete such
emergency work by force account, then he the director may
contract for any
part of the work, with or without advertising for bids, as he the
director considers for the best interest of the department of
transportation.
Sec. 5525.20. (A) Subject to division (B) of this
section, the director of transportation may include incentive and
disincentive provisions in contracts he the director executes
for projects or
portions or phases of projects that involve any of the following:
(1) A major bridge out of service;
(3) Excessive disruption to traffic;
(4) A significant impact on public safety;
(5) A link that completes a segment of a highway.
(B) No such provisions shall be included in any particular
contract without the prior consent of the municipal corporation,
or, if outside a municipal corporation and off the state highway
system, the prior consent of the board of county commissioners of
the county, in which the bridge, detour, disruption, impact, or
link will be located or occur.
(C) If the director decides to include incentive and
disincentive provisions in such contracts, he the director shall
make those
provisions part of the bid proposal issued by him the director
pursuant to
this chapter and shall also adopt rules, in accordance with
Chapter 119. of the Revised Code, governing the formulation and
use of those provisions. The rules shall be equivalent in scope,
content, and coverage to the regulations the federal highway
administrator issues concerning the use of such provisions in
state contracts.
As used in this section, "incentive and disincentive
provisions" means provisions under which the contractor would be
compensated a certain amount of money for each day specified
critical work is completed ahead of schedule or under which he the
contractor
would be assessed a deduction for each day the specified critical
work is completed behind schedule. The director also may elect to compensate the contractor in the form of a lump sum incentive for completing critical work ahead of schedule.
Sec. 5531.10. (A) As used in this chapter:
(1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, lease-purchase agreements, and other
agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations.
(2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations, and interest, and redemption premium, if any,
required to be paid by the state on obligations.
(3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the state infrastructure
bank revenue bond service fund created by division (R) of
this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(4) "Issuing authority" means the treasurer of state, or
the officer who by law performs the functions of the treasurer of state.
(5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.
(6) "Pledged receipts" means moneys accruing
to the state from the lease, lease-purchase, sale, or other
disposition, or use, of qualified projects,
and from the repayment, including
interest, of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of
obligations; income from the investment of the special funds;
any gifts, grants, donations, and pledges, and receipts
therefrom, available for the payment of bond service charges; and any amounts
in the state infrastructure bank pledged to the payment of such charges. If the amounts in the state infrastructure bank are insufficient for the payment of such charges, "pledged receipts" also means moneys that are apportioned by the United States secretary of transportation under United States Code, Title XXIII, as amended, or any successor legislation, or under any other federal law relating to aid for highways, and that are to be received as a grant by the state, to the extent the state is not prohibited by state or federal law from using such moneys and the moneys are pledged to the payment of such bond service charges.
(7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the state infrastructure bank revenue bond service fund
created by division (R) of this section to the extent
provided in the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto.
(8) "State infrastructure project" means any public
transportation project undertaken by the state, including, but not limited to,
all components of any such project, as described in division (D) of
section 5131.09 of the Revised Code.
(B) The issuing authority, after giving written
notice to the director of budget and management and upon the certification
by the director of transportation to the issuing
authority of the amount of moneys or additional moneys needed either for
state infrastructure projects or to provide financial assistance for any
of the purposes for which the state
infrastructure bank may be used under section 5531.09 of the Revised Code,
or needed for capitalized
interest, funding reserves, and paying costs and expenses
incurred in connection with the issuance, carrying, securing,
paying, redeeming, or retirement of the obligations or any
obligations refunded thereby, including payment of costs and
expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest
swap or hedging agreements, and any other credit enhancement,
liquidity, remarketing, renewal, or refunding arrangements, all
of which are authorized by this section, shall issue obligations of the state
under this section in the
required amount. The proceeds of such obligations, except for the
portion to be deposited in special funds, including reserve
funds, as may be provided in the bond proceedings, shall as
provided in the bond proceedings be credited to the infrastructure bank
obligations fund of the state infrastructure
bank created by section 5531.09
of the Revised Code. The issuing authority may appoint trustees, paying
agents, transfer agents, and authenticating
agents, and may retain the services of financial
advisors, accounting experts, and attorneys, and retain or
contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs of such services are payable from funds of the
state infrastructure bank.
(C) The holders or owners of such obligations shall have
no right to have moneys raised by taxation by the state of
Ohio obligated or pledged, and moneys so raised shall not
be obligated or pledged,
for the payment of bond service charges. The right of such holders
and owners to the payment of bond service charges is limited to all
or that portion of the pledged receipts and those special funds
pledged thereto pursuant to the bond proceedings for such obligations
in accordance
with this section, and each such obligation shall bear on its
face a statement to that effect.
(D) Obligations shall be authorized by order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
twenty-five years from the date of issuance, the interest rate or
rates or the maximum interest rate, the date of the obligations
and the dates of payment of interest thereon, their denomination,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.98 to
9.983 of the Revised Code are applicable to obligations issued
under this section. The purpose of such
obligations may be stated in the bond proceedings in terms
describing the general purpose or purposes to be served. The
bond proceedings also shall provide, subject to the provisions of
any other applicable bond proceedings, for the pledge of all, or
such part as the issuing authority may
determine, of the pledged
receipts and the applicable special fund or funds to the payment
of bond service charges, which pledges may be made either prior
or subordinate to other expenses, claims, or payments, and may be
made to secure the obligations on a parity with obligations
theretofore or thereafter issued, if and to the extent provided
in the bond proceedings. The pledged receipts and special funds
so pledged and thereafter received by the state immediately
are subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledges is valid
and binding against all parties having claims of any kind against
the state or any governmental agency of the state, irrespective
of whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of the Revised
Code, without the necessity for separation or
delivery of funds or for the filing or recording of the bond
proceedings by which such pledge is created or any certificate,
statement, or other document with respect thereto; and the pledge
of such pledged receipts and special funds is effective and the
money therefrom and thereof may be applied to the purposes for
which pledged without necessity for any act of appropriation.
Every pledge, and every covenant and agreement made with respect
thereto, made in the bond proceedings may therein be extended to
the benefit of the owners and holders of obligations authorized
by this section, and to any trustee therefor, for the further
security of the payment of the bond service charges.
(E) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment, and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this section with
respect
to particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security
relating to financial assistance for qualified projects under section
5531.09 of the Revised Code.
(F) The obligations may have the great seal of the state
or a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on the date of such bonds or coupons such person was not the
issuing authority. In case the issuing authority whose signature
or a facsimile of whose signature appears on any such obligation
or coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile nevertheless is valid
and sufficient for all purposes as if the former issuing
authority had remained the issuing
authority until such delivery; and in case the seal to be affixed
to obligations has been changed after a facsimile of the seal has
been imprinted on such obligations, such facsimile seal shall
continue to be sufficient as to such obligations and obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations may be secured additionally by a trust agreement or
indenture between the issuing authority and a corporate trustee
which may be any trust company or bank having its principal place
of business within the state. Any such agreement or indenture
may contain the order authorizing the issuance of
the obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture, or other instrument comprising part of the bond
proceedings until the state has fully paid the bond service
charges on the obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on the rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the
issuing authority and the director of transportation required by the bond
proceedings or sections 5531.09 and 5531.10 of the
Revised Code; to enjoin unlawful activities; and in the
event of
default with respect to the payment of any bond service charges
on any obligations or in the performance of any covenant or
agreement on the part of the issuing authority or the director of
transportation in the bond
proceedings, to apply to a court having jurisdiction of the cause
to appoint a receiver to receive and administer the pledged
receipts and special funds, other than those in the custody of
the treasurer of state, which are pledged to the payment of the
bond service charges on such obligations or which are the subject
of the covenant or agreement, with full power to pay, and to
provide for payment of bond service charges on, such obligations,
and with such powers, subject to the direction of the court, as
are accorded receivers in general equity cases, excluding any
power to pledge additional revenues or receipts or other income
or moneys of the state or local
governmental entities, or agencies
thereof, to the payment of such principal and
interest and excluding the power to take possession of, mortgage,
or cause the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each state or local
governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any loan, loan
guarantee, lease, lease-purchase agreement, or
other agreement made under authority of section
5531.09 of the Revised Code, and in every agreement by
or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform such duty, specifically enjoined by the law resulting
from an office, trust, or station within the meaning of section
2731.01 of the Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their personal capacities on any obligations issued by the
issuing authority or any agreements of or with the issuing
authority.
(L) The issuing authority may authorize and issue
obligations for the refunding, including funding and retirement,
and advance refunding with or without payment or redemption prior
to maturity, of any obligations previously issued by the issuing
authority. Such obligations may be issued in amounts sufficient
for payment of the principal amount of the prior obligations, any
redemption premiums thereon, principal maturities of any such
obligations maturing prior to the redemption of the remaining
obligations on a parity therewith, interest accrued or to accrue
to the maturity dates or dates of redemption of such obligations,
and any expenses incurred or to be
incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of obligations
issued under this division to be applied to bond service charges
on the prior obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or
to the appropriate account in the bond service fund for such
obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise
provided in this section. The
last maturity of obligations authorized under this division shall not be later
than twenty-five years from the date of issuance of the original securities
issued for the original purpose.
(M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to the payment of the bonds anticipated, or from the proceeds of
such bonds or renewal notes, or both, as the issuing authority
provides in the order authorizing such notes. Such
notes may be additionally secured by covenants of the issuing
authority to the effect that the issuing authority and the state
will do such or all things necessary for the issuance of such
bonds or renewal notes in the appropriate amount, and apply the
proceeds thereof to the extent necessary, to make full payment of
the principal of and interest on such notes at the time or times
contemplated, as provided in such order. For such
purpose, the issuing authority may issue bonds or renewal notes
in such principal amount and upon such terms as may be necessary
to provide funds to pay when required the principal of and
interest on such notes, notwithstanding any limitations
prescribed by or for purposes of this section. Subject to this
division, all provisions for and references to obligations in
this section are applicable to notes authorized under this
division.
The issuing authority in the bond proceedings authorizing
the issuance of bond anticipation notes shall set forth for such
bonds an estimated interest rate and a schedule of principal
payments for such bonds and the annual maturity dates thereof.
(N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for life and domestic not for life, trustees or other officers
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this
state, the commissioners of the sinking fund of the state, the
administrator of workers' compensation in accordance with the investment
policy established by the workers' compensation oversight commission pursuant
to section 4121.12 of the Revised Code, the state teachers retirement
system, the public employees retirement system, the school
employees retirement system, and the Ohio police and
fire pension fund, notwithstanding any other
provisions
of the Revised Code or rules adopted pursuant thereto by any
agency of the state with respect to investments by
them, and are also acceptable as security for the deposit of
public moneys.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed
as to principal and interest by the United States,
obligations of this state or
any political subdivision of this state, and certificates of deposit of
any national bank located in this state and any bank, as defined
in section 1101.01 of the Revised Code, subject to inspection by
the superintendent of financial institutions. If the law
or the instrument
creating a trust pursuant to division (J) of this section
expressly permits investment in direct obligations of the United
States or an agency of the United States, unless
expressly prohibited by the
instrument, such moneys also may be invested in no-front-end-load
money market mutual funds consisting exclusively of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the fiduciary itself,
secured by obligations of the United States or an agency of
the United States;
and in collective
investment funds as defined in division (A) of section
1111.01 of the Revised Code and consisting exclusively
of any
such securities.
The income from such investments shall be credited to such funds
as the issuing authority determines, and such investments may be
sold at such times as the issuing authority determines or
authorizes.
(P) Provision may be made in the applicable bond
proceedings for the establishment of separate accounts in the
bond service fund and for the application of such accounts only
to the specified bond service charges on obligations pertinent to
such accounts and bond service fund and for other accounts
therein within the general purposes of such fund. Unless
otherwise provided in any applicable bond proceedings, moneys to
the credit of or in the several special funds established
pursuant to this section shall be disbursed on the order of the
treasurer of state, provided that no such order is required for
the payment from the bond service fund when due of bond service
charges on obligations.
(Q)(1) The issuing authority may pledge
all, or such portion
as the issuing authority determines, of the pledged receipts to
the payment of bond service charges on obligations issued under
this section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto.
(2) An action taken under division
(Q)(2) of this section does not limit the
generality of division (Q)(1) of this section, and is subject to
division (C) of this section and, if and to the extent otherwise
applicable, Section 13 of Article VIII,
Ohio Constitution. The bond proceedings may contain a
covenant that, in the event the pledged
receipts primarily pledged and required to be used for the payment of bond
service charges on obligations issued under this section, and for the
establishment and maintenance of any reserves, as provided in the bond
proceedings, are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall so notify the
governor, and shall determine to what extent, if any, the payment may be made
or moneys may be restored to the reserves from lawfully available moneys
previously appropriated for that purpose to the department of transportation.
The covenant also may
provide that if the payments are not made or the moneys are not immediately
and
fully restored to the reserves from such moneys, the director shall
promptly submit to the governor and to the director of budget and management a
written request for either or both of the following:
(a) That the next biennial budget submitted by the governor to
the general assembly include an amount to be appropriated from lawfully
available
moneys to the department for the purpose of and sufficient for the payment in
full of bond service charges previously due and for the full
replenishment of the reserves;
(b) That the general assembly be requested to increase
appropriations from lawfully available moneys for
the department in the current biennium sufficient for the purpose of and for
the payment in full of bond service charges previously due and to come due in
the biennium and for the full replenishment of the reserves.
The director of transportation shall include with such requests a
recommendation that the
payment of the bond service charges and the replenishment of the reserves be
made in the interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to obligate the state
to
pay the bond service charges on such bonds or notes or to deposit moneys
in a reserve established for such payments other than from moneys that may be
lawfully available and appropriated for that purpose during the then-current
biennium.
(R) There is hereby created the state infrastructure bank revenue
bond service fund, which shall be in the custody of the treasurer of
state but shall not be a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable bond proceedings, consistent with this section, to be
deposited, transferred, or credited to the bond service fund, and all
other moneys transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any
separate accounts therein, subject to applicable provisions of
the bond proceedings, but without necessity for any act of
appropriation. The state infrastructure
bank
revenue bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation.
(S) The obligations issued pursuant to this section, the transfer
thereof, and the income therefrom, including any profit made on the sale
thereof, shall at all times be free from taxation within this state.
Sec. 5543.19. (A) The county engineer may, when
authorized by the board of county commissioners and not required
by this section or other law to use competitive bidding, employ
such laborers and vehicles, use such county employees and
property, lease such implements and tools, and purchase such
materials as are necessary in the construction, reconstruction,
improvement, maintenance, or repair of roads by force account.
In determining whether he may undertake construction or
reconstruction, including widening and resurfacing, of roads may be
undertaken by force account, the county engineer shall first cause to be
made
an estimate of the cost of such work, which estimate shall
include labor, material, freight, fuel, hauling, use of machinery
and equipment, and all other items of cost using the force account project assessment form developed by the auditor of state under section 117.16 of the Revised Code. When the total
estimated cost of the work exceeds ten thirty thousand dollars per mile,
the county commissioners shall invite and receive competitive
bids for furnishing all the labor, materials, and equipment
necessary to complete the work in accordance with sections 307.86
to 307.92, inclusive, of the Revised Code.
(B) The county engineer may, when authorized by the board
of county commissioners and not required by this section or other
law to use competitive bidding, employ such laborers and
vehicles, use such county employees and property, lease such
implements and tools, and purchase such materials as are
necessary in the construction, reconstruction, improvement,
maintenance, or repair of bridges and culverts by force account.
In determining whether he may undertake such construction,
reconstruction, improvement, maintenance, or repair of bridges or
culverts may be undertaken by force account, the county engineer shall
first cause to be made an estimate of the cost of such work, which estimate
shall include labor, material, freight, fuel, hauling, use of
machinery and equipment, and all other items of cost using the force account project assessment form. When the
total estimated cost of the work exceeds forty one hundred thousand dollars,
the board of county commissioners shall invite and receive
competitive bids for furnishing all the labor, materials, and
equipment necessary to complete the work, in accordance with
sections 307.86 to 307.92, inclusive, of the Revised Code. The
county engineer shall obtain the approval required by section
5543.02 of the Revised Code.
(C) "Force account," as used in this section means that
the county engineer will act as contractor, using labor employed
by him the engineer using material and equipment either owned by
the county or leased or purchased in compliance with sections 307.86 to
307.92, inclusive, of the Revised Code and excludes subcontracting any
part of such work unless done pursuant to sections 307.86 to
307.92, inclusive, of the Revised Code.
The term "competitive bids" as used in this section
requires competition for the whole contract and in regard to its
component parts, including labor and materials. Neither plans
nor specifications shall be drawn to favor any manufacturer or
bidder unless required by the public interest.
Sec. 5543.22. Notwithstanding sections 153.65 to 153.71 of the Revised Code, a county engineer may combine the design and construction elements of a bridge, highway, or safety project into a single contract, but only if the cost of the project as bid does not exceed one million five hundred thousand dollars.
When required to use competitive bidding, the county engineer shall award a design-build contract in accordance with sections 307.86 to 307.92 of the Revised Code. In lieu of the requirement for plans, the county engineer shall prepare and distribute a scope of work document upon which bidders shall base their bids.
A county engineer may request the director of transportation to review and comment on the scope of work document or the construction plans for conformance with state and federal requirements. If so requested, the director shall review and comment on the document or plans.
Sec. 5575.01. In the maintenance and repair of roads the
board of township trustees may proceed either by contract or
force account, provided the board has first caused the county engineer to complete the force account assessment form developed by the auditor of state under section 117.16 of the Revised Code. Except as otherwise provided in sections 505.08
and 505.101 of the Revised Code, when the board proceeds by
contract the contract shall, if the amount involved exceeds fifteen forty-five thousand
dollars, be let by the board to the lowest responsible
bidder after advertisement for bids once, not later than two
weeks prior to the date fixed for the letting of such contract,
in a newspaper published in the county and of general circulation
within the township, but if there is no such paper published in
the county, then in one having general circulation in the
township. If the amount involved is fifteen forty-five thousand dollars or less
the a contract may be let without competitive bidding or the work may be done by force account. Such
contract shall be performed under the supervision of a member of
the board or the township road superintendent.
Before undertaking the construction or reconstruction of a
township road, the board shall cause to be made by the county
engineer an estimate of the cost of such work, which estimate
shall include labor, material, freight, fuel, hauling, use of
machinery and equipment, and all other items of cost. If the
board finds it in the best interest of the public, it may, in
lieu of constructing the road by contract, proceed to construct
the road by force account. Except as otherwise provided under
sections 505.08 and 505.101 of the Revised Code, where the total
estimate cost of the work exceeds five fifteen thousand dollars per mile,
the board shall invite and receive competitive bids for
furnishing all the labor, materials, and equipment and doing the
work, as provided in section 5575.02 of the Revised Code, and
shall consider and reject them before ordering the work done by
force account. When such bids are received, considered, and
rejected, and the work done by force account, such work shall be
performed in compliance with the plans and specifications upon
which the bids were based.
All force account work shall be done under the direction of
a member of the board or the superintendent.
Sec. 5735.27. (A) There is hereby created in the state
treasury the gasoline excise tax fund, which shall be distributed
in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(a)
and (C)(2)(a) of section 5735.23 of the Revised Code shall be
distributed among municipal corporations. The amount paid to
each municipal corporation shall be that proportion of the amount
to be so distributed that the number of motor vehicles registered
within such municipal corporation bears to the total number of
motor vehicles registered within all the municipal corporations
of this state during the preceding motor vehicle registration
year. When a new village is incorporated, the registrar of motor
vehicles shall determine from the applications on file in the
bureau of motor vehicles the number of motor vehicles located
within the territory comprising the village during the entire
registration year in which such municipal corporation was
incorporated. The registrar shall forthwith certify the number
of motor vehicles so determined to the tax commissioner for use
in distributing motor vehicle fuel tax funds to such village
until such village is qualified to participate in the
distribution of such funds pursuant to this division. The number
of such motor vehicle registrations shall be determined by the
official records of the bureau of motor vehicles. The amount
received by each municipal corporation shall be used to plan,
construct, reconstruct, repave, widen, maintain, repair, clear,
and clean public highways, roads, and streets; to maintain and
repair bridges and viaducts; to purchase, erect, and maintain
street and traffic signs and markers; to pay the costs
apportioned to the municipal corporation under section 4907.47 of
the Revised Code; to purchase, erect, and maintain traffic lights
and signals; to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code for the purpose of acquiring or constructing roads,
highways, bridges, or viaducts or acquiring or making other
highway improvements for which the municipal corporation may
issue bonds; and to supplement revenue already available for such
purposes.
(2) The amount credited pursuant to division (B) of
section 5735.26 of the Revised Code shall be distributed among
the municipal corporations within the state, in the proportion
which the number of motor vehicles registered within each
municipal corporation bears to the total number of motor vehicles
registered within all the municipal corporations of the state
during the preceding calendar year, as shown by the official
records of the bureau of motor vehicles, and shall be expended by
each municipal corporation to plan, construct, reconstruct,
repave, widen, maintain, repair, clear, and clean public
highways, roads and streets; to maintain and repair bridges and
viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay costs apportioned to the municipal
corporation under section 4907.47 of the Revised Code; to pay the
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code for the
purpose of acquiring or constructing roads, highways, bridges, or
viaducts or acquiring or making other highway improvements for
which the municipal corporation may issue bonds; and to
supplement revenue already available for such purposes.
(3) The amount credited pursuant to divisions (B)(2)(b)
and (C)(2)(c) of section 5735.23 of the Revised Code shall be
paid in equal proportions to the county treasurer of each county
within the state and shall be used only for the purposes of
planning, maintaining, and repairing the county system of public
roads and highways within such county; the planning,
construction, and repair of walks or paths along county roads in
congested areas; the planning, construction, purchase, lease,
and maintenance of
suitable buildings for the housing and repair of county road
machinery, housing of supplies, and housing of personnel associated
with the machinery and supplies; the
payment of costs apportioned to the county under section 4907.47
of the Revised Code; the payment of principal, interest, and
charges on bonds and other obligations issued pursuant to Chapter
133. of the Revised Code for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts or acquiring
or making other highway improvements for which the board of
county commissioners may issue bonds under that chapter; and the
purchase, installation, and maintenance of traffic signal lights.
(4) The amount credited pursuant to division (C) of
section 5735.26 of the Revised Code shall be paid in equal
proportions to the county treasurer of each county for the
purposes of planning, maintaining, constructing, widening, and
reconstructing the county system of public roads and highways;
paying principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code
for the purpose of acquiring or constructing roads, highways,
bridges, or viaducts or acquiring or making other highway
improvements for which the board of county commissioners may
issue bonds under such chapter; and paying costs apportioned to
the county under section 4907.47 of the Revised Code.
(5)(a) The amount credited pursuant to division (D) of
section 5735.26 and division (C)(2)(b) of section 5735.23 of the
Revised Code shall be divided in equal proportions among the
townships within the state and.
(b) As used in division (A)(5)(b) of this section, the "formula amount" for any township is the amount that would be allocated to that township if fifty per cent of the amount credited to townships pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of lane miles within the boundaries of the respective townships and the other fifty per cent of the amount credited pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of motor vehicles registered within the respective townships.
The amount credited to townships pursuant to section 5735.291 of the Revised Code shall be allocated among townships as follows:
(i) In the year beginning August 15, 2003, each township shall receive the greater of $14,718 or seventy per cent of the formula amount for that township.
(ii) In the year beginning August 15, 2004, each township shall receive the greater of $29,436 or seventy per cent of the formula amount for that township.
(iii) In the year beginning August 15, 2005 each township shall receive the greater of $44,155 or seventy per cent of the formula amount for that township.
(c) All amounts credited pursuant to divisions (a) and (b) of this section shall be paid to the county
treasurer of each county for the total amount payable to the
townships within each of the counties. The county treasurer
shall pay to each township within the county its equal
proportional share of the funds, which shall be expended by each
township for the sole purpose of planning, constructing,
maintaining, widening, and reconstructing the public roads and
highways within such township, and paying costs apportioned to
the township under section 4907.47 of the Revised Code.
No part of the funds shall be used for any purpose except
to pay in whole or part the contract price of any such work done
by contract, or to pay the cost of labor in planning,
constructing, widening, and reconstructing such roads and
highways, and the cost of materials forming a part of the
improvement; provided, that such funds may be used for the
purchase of road machinery and equipment and for the planning,
construction, and maintenance of suitable buildings for housing
road machinery and equipment, and that all such improvement of
roads shall be under supervision and direction of the county
engineer as provided in section 5575.07 of the Revised Code. No
obligation against such funds shall be incurred unless plans and
specifications for such improvement, approved by the county
engineer, are on file in the office of the township clerk, and
all contracts for material and for work done by contract shall be
approved by the county engineer before being signed by the board
of township trustees. The board of township trustees of any
township may pass a resolution permitting the board of county
commissioners to expend such township's share of the funds, or
any portion thereof, for the improvement of such roads within the
township as may be designated in the resolution.
All investment earnings of the fund shall be credited to
the fund.
(B) Amounts credited to the highway operating fund
pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23
and division (A) of section 5735.26 of the Revised Code shall be
expended in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(c)
and (C)(2)(d) of section 5735.23 of the Revised Code shall be
apportioned to and expended by the department of transportation
for the purposes of planning, maintaining, repairing, and keeping
in passable condition for travel the roads and highways of the
state required by law to be maintained by the department; paying
the costs apportioned to the state under section 4907.47 of the
Revised Code; paying that portion of the construction cost of a
highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; and paying the costs of the
department of public safety in administering and enforcing the
state law relating to the registration and operation of motor
vehicles.
(2) The amount credited pursuant to division (A) of
section 5735.26 of the Revised Code shall be used for paying the
state's share of the cost of planning, constructing, widening,
maintaining, and reconstructing the state highways; paying that
portion of the construction cost of a highway project which a
county, township, or municipal corporation normally would be
required to pay, but which the director of transportation,
pursuant to division (B) of section 5531.08 of the Revised Code,
determines instead will be paid from moneys in the highway
operating fund; and also for supplying the state's share of the
cost of eliminating railway grade crossings upon such highways
and costs apportioned to the state under section 4907.47 of the
Revised Code. The director of transportation may expend portions
of such amount upon extensions of state highways within municipal
corporations or upon portions of state highways within municipal
corporations, as is provided by law.
Sec. 5735.29. To provide revenue for supplying the state's
share of the cost of constructing, widening, maintaining, and
reconstructing the state highways; to maintain and repair bridges
and viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay the expense of administering and
enforcing the state law relative to the registration and
operation of motor vehicles; to make road improvements associated with
retaining
or attracting business for this state, to pay that portion of the construction
cost of a highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; to provide revenue for the
purposes of sections 1547.71 to 1547.78 of the Revised Code; and
to supplement revenue already available for such purposes, to pay
the expenses of the department of taxation incident to the
administration of the motor fuel laws, to supplement
revenue already available for such purposes; and to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code; to enable the counties and townships of the state to properly plan, construct, widen, reconstruct, and maintain their public highways, roads, and streets; to enable counties to pay principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code for highway improvements; to enable municipal corporations to plan, construct, reconstruct, repave, widen, maintain, repair, clear, and clean public highways, roads, and streets; to enable municipal corporations to pay the principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code for highway improvements; and to pay the costs apportioned to the public under section 4907.47 of the Revised Code, a motor fuel
excise tax
is hereby imposed on all motor fuel dealers upon their receipt of
motor fuel within the state at the rate of two cents on each gallon
so received; provided, that effective July 1, 2003, the motor fuel excise tax imposed by this section shall be at the rate of four cents on each gallon so received; effective July 1, 2004, the motor fuel excise tax imposed by this section shall be at the rate of six cents on each gallon so received; and effective July 1, 2005, the motor fuel excise tax imposed by this section shall be at the rate of eight cents on each gallon so received. This tax is subject to the specific
exemptions set forth in this chapter of the
Revised Code. It shall be reported, computed, paid, collected,
administered, enforced, and refunded, and the failure properly
and correctly to report and pay the tax shall be penalized, in
exactly the same manner as is provided in this chapter.
Such sections relating to motor fuel excise taxes are
reenacted and incorporated as if specifically set forth in this
section. The tax levied by this section is in addition to any
other taxes imposed under this chapter.
Sec. 5735.291. (A) The treasurer of state shall place to the
credit of the tax refund fund created by section 5703.052 of the
Revised Code, out of receipts from the tax levied by section
5735.29 of the Revised Code, amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.142
and 5735.29 of the Revised Code. The refunds provided for by
sections 5735.142 and 5735.29 of the Revised Code shall be paid
from such fund. The treasurer of state shall transfer the amount
required by section 5735.051 of the Revised Code to the waterways
safety fund. The specified portion of the balance of taxes collected under section
5735.29 of the Revised Code after the credits to the tax refund
fund, and after the transfer to the waterways safety fund, shall be credited to the gasoline excise tax fund. Subject to division (B) of this section, forty-two and eighty-six hundredths per cent of the specified portion shall be distributed among the municipal corporations within the state in accordance with division (A)(2) of section 5735.27 of the Revised Code, thirty-seven and fourteen hundredths per cent of the specified portion shall be distributed among the counties within the state in accordance with division (A)(3) of section 5735.27 of the Revised Code, and twenty per cent of the specified portion shall be distributed among the townships within the state in accordance with division (A)(5) of section 5735.27 of the Revised Code. Subject to division (B) of this section, the remainder of the tax levied by section 5735.29 of the Revised Code
after receipt by the treasurer of state of certifications from
the commissioners of the sinking fund certifying, as required by
sections 5528.15 and 5528.35 of the Revised Code, there are
sufficient moneys to the credit of the highway improvement bond
retirement fund created by section 5528.12 of the Revised Code to
meet in full all payments of interest, principal, and charges for
the retirement of bonds and other obligations issued pursuant to
Section 2g of Article VIII, Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised Code due and payable during
the current calendar year, and that there are sufficient moneys
to the credit of the highway obligations bond retirement fund
created by section 5528.32 of the Revised Code to meet in full
all payments of interest, principal, and charges for the
retirement of highway obligations issued pursuant to Section 2i
of Article VIII, Ohio Constitution, and sections 5528.30 and
5528.31 of the Revised Code due and payable during the current
calendar year, shall be credited to the highway operating fund,
which is hereby created in the state treasury and shall be used
solely for the purposes enumerated in section 5735.29 of the
Revised Code. All investment earnings of the fund shall be
credited to the fund.
(B)(1)(a) Effective August 15, 2003, prior to the distribution from the gasoline excise tax fund to municipal corporations of the forty-two and eighty-six hundredths per cent of the specified portion as provided in division (A) of this section, four hundred sixty thousand dollars from that forty-two and eighty-six hundredths per cent shall be credited to townships and distributed pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(b) Effective August 15, 2003, prior to the distribution from the gasoline excise tax fund to counties of the thirty-seven and fourteen hundredths per cent of the specified portion as provided in division (A) of this section, four hundred sixty thousand dollars from that thirty-seven and fourteen hundredths per cent shall be credited to townships pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(c) Effective August 15, 2003, prior to crediting any revenue resulting from the tax levied by section 5735.29 of the Revised Code to the highway operating fund, the treasurer shall credit one million five hundred thousand dollars to townships for distribution pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(2)(a) Effective August 15, 2004, prior to the distribution from the gasoline excise tax fund to municipal corporations of the forty-two and eighty-six hundredths per cent of the specified portion as provided in division (A) of this section, nine hundred twenty thousand dollars from that forty-two and eighty-six hundredths per cent shall be credited to townships pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(b) Effective August 15, 2004, prior to the distribution from the gasoline excise tax fund to counties of the thirty-seven and fourteen hundredths per cent of the specified portion as provided in division (A) of this section, nine hundred twenty thousand dollars from that thirty-seven and fourteen hundredths per cent shall be credited to townships pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(c) Effective August 15, 2004, prior to crediting any revenue resulting from the tax levied by section 5735.29 of the Revised Code to the highway operating fund, the treasurer shall credit three million dollars to townships for distribution pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(3)(a) Effective August 15, 2005, prior to the distribution from the gasoline excise tax fund to municipal corporations of the forty-two and eighty-six hundredths per cent of the specified portion as provided in division (A) of this section, one million three hundred eighty thousand dollars from that forty-two and eighty-six hundredths per cent shall be credited to townships pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(b) Effective August 15, 2005, prior to the distribution from the gasoline excise tax fund to counties of the thirty-seven and fourteen hundredths per cent of the specified portion as provided in division (A) of this section, one million three hundred eighty thousand dollars from that thirty-seven and fourteen hundredths per cent shall be credited to townships in accordance with division (A)(5)(b) of section 5735.27 of the Revised Code.
(c) Effective August 15, 2005, prior to crediting any revenue resulting from the tax levied by section 5735.29 of the Revised Code to the highway operating fund, the treasurer shall credit four million five hundred thousand dollars to townships for distribution pursuant to division (A)(5)(b) of section 5735.27 of the Revised Code.
(C) As used in this section, "specified portion" means all of the following:
(1) Until August 15, 2003, none of the taxes collected under section 5735.29 of the Revised Code;
(2) Effective August 15, 2003, one-eighth of the balance of taxes collected under section 5735.29 of the Revised Code, after the credits to the tax refund fund and after the transfer to the waterways safety fund;
(3) Effective August 15, 2004, one-sixth of the balance of taxes described in division (B)(2) of this section;
(4) Effective August 15, 2005, three-sixteenths of the balance of taxes described in division (B)(2) of this section.
Section 2. That existing sections 723.52, 723.53, 1547.11, 3704.14, 3704.143, 4501.10, 4503.10, 4503.101, 4503.103, 4503.11, 4503.173, 4503.181, 4503.182, 4503.19, 4503.21, 4503.23, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 4505.09, 4506.08, 4507.23, 4511.04, 4511.19, 4511.191, 4511.197, 4513.111, 4513.52, 4513.53, 4549.10, 5501.20, 5501.34, 5501.45, 5502.02, 5517.011, 5517.02, 5525.20, 5531.10, 5543.19, 5575.01, 5735.27, 5735.29, and 5735.291, and sections 4501.20, 4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39, 4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised Code are hereby repealed.
Section 3. Section 4511.197 of the Revised Code, as amended by this act, shall take effect January 1, 2004.
Section 4. That the versions of sections 1547.11, 4503.10, 4503.11, 4503.182, 4503.19, 4503.21, 4511.19, 4513.111, and 4549.10 of the Revised Code that are scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 1547.11. (A) No person shall operate or be in physical
control of any vessel underway or shall manipulate any water
skis,
aquaplane, or similar device on the waters in this state if,
at
the time of the operation, control, or manipulation, any of
the
following
applies:
(1) The person is under the influence of alcohol, a drug
of
abuse, or
a combination of them.
(2) The person has a concentration of ten-hundredths eight-hundredths of
one
per cent or more by weight of alcohol
per unit volume in the
person's
whole blood.
(3)
The person has a concentration of twelve-hundredths ninety-six-thousandths of
one per cent or
more by weight per unit volume of alcohol in the
person's blood serum or
plasma.
(4) The person has a concentration of fourteen-hundredths
eleven-hundredths of
one gram or more by weight of alcohol per one hundred
milliliters
of the person's urine.
(5) The person has a concentration of ten-hundredths eight-hundredths of
one
gram or more by weight of alcohol per two hundred ten liters
of
the person's breath.
(B) No person under twenty-one years of age shall operate or
be in
physical control of any vessel underway or shall manipulate
any water skis,
aquaplane, or similar device on the waters in this
state if,
at
the time of the operation, control, or manipulation,
any of the
following applies:
(1) The person has a concentration of at least
two-hundredths of one per
cent, but less than ten-hundredths eight-hundredths of
one per cent by weight
per unit
volume of alcohol in the
person's
whole blood.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than twelve-hundredths
ninety-six-thousandths of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least twenty-eight
one-thousandths of one gram, but less than fourteen-hundredths eleven-hundredths of
one gram by
weight of alcohol per one hundred milliliters of the
person's
urine.
(4) The person has a concentration of at least
two-hundredths of one gram,
but less than ten-hundredths eight-hundredths of one
gram by weight of alcohol per two hundred
ten liters of the
person's breath.
(C) In any proceeding arising out of one incident, a person
may
be charged with a violation of division (A)(1) and a violation
of
division (B)(1), (2),
(3),
or
(4) of this
section, but the
person shall
not be convicted of more than one violation of those
divisions.
(D)(1) In any criminal prosecution
or juvenile court
proceeding for a violation of this
section or
for an equivalent
violation, the court may admit evidence on
the concentration of
alcohol,
drugs of abuse,
or a
combination of them in the
defendant's
or child's whole blood,
blood serum or plasma, urine,
or
breath at the time of the alleged violation as shown by
chemical
analysis of the
substance
withdrawn, or specimen taken
within
two hours of the
time of the alleged violation.
When a person submits to a blood test, only a physician,
a
registered nurse, or
a qualified technician,
chemist,
or
phlebotomist shall
withdraw blood for the purpose of determining
the alcohol, drug,
or alcohol and drug
content
of
the whole
blood,
blood serum, or blood plasma. This
limitation
does not
apply to
the taking
of breath or urine specimens. A
person
authorized to
withdraw blood
under this division may refuse
to
withdraw blood
under
this division
if, in
that person's
opinion, the
physical
welfare of the
defendant or
child would be
endangered by
withdrawing
blood.
The
whole blood,
blood serum or plasma, urine, or breath
shall be analyzed in accordance
with methods approved by the
director of health by an individual
possessing a valid permit
issued by the director
pursuant to section 3701.143 of the Revised
Code.
(2)
In a criminal prosecution or juvenile court
proceeding
for a violation of division (A) of this section or for
a
violation
of a prohibition that is substantially equivalent to
division
(A)
of this section, if there was at the time the
whole
blood,
blood
serum or plasma, urine, or breath was
taken a
concentration of
less than
the
applicable concentration
of alcohol specified
for a
violation of
division (A)(2), (3), (4),
or (5) of this
section,
that fact may
be considered with other
competent evidence
in
determining the
guilt or innocence of the
defendant
or in making
an
adjudication
for the child.
This division
does not limit or
affect a
criminal
prosecution or juvenile court
proceeding for a
violation of
division
(B) of this section or for
a violation of a
prohibition
that is
substantially equivalent to
that division.
(3) Upon the request of the person who was tested, the
results
of the
chemical test shall be made available to the person
or the
person's attorney
immediately upon
completion
of the test
analysis.
The person tested may have a physician,
a registered nurse,
or
a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer
a chemical test or tests in
addition to any administered at the
direction of a law enforcement
officer, and shall be so advised.
The failure or inability to
obtain an additional test by a person
shall not preclude the
admission of evidence relating to the test
or tests taken at the
direction of a law enforcement officer.
(E)(1)
Subject to division (E)(3) of this section, in
any
criminal prosecution or juvenile court proceeding for a violation
of this
section or for an equivalent violation, the court shall
admit as prima-facie
evidence a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division. The laboratory
report shall contain
all of the following:
(a) The signature, under oath, of any person who performed
the
analysis;
(b) Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or
test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d) An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this particular analysis, under rules of the department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of
the type described in division
(E)(1) of this section is not
admissible against the
defendant or
child to whom it pertains in any proceeding, other than a
preliminary
hearing or a grand jury proceeding, unless the
prosecutor has served a copy of the report on the
defendant's or
child's attorney or, if the defendant or child has no attorney,
on
the defendant or child.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount of any substance if, within seven days after
the defendant or child to whom the report pertains or the
defendant's
or child's attorney receives a copy of the report, the
defendant or child or
the defendant's or child's attorney demands
the testimony of the person who
signed the report. The judge in
the case may extend the seven-day
time limit in the interest of
justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified technician,
chemist,
or
phlebotomist who withdraws blood from a person
pursuant to this
section, and a hospital, first-aid station, or clinic at which
blood is withdrawn from a person pursuant to this section, is
immune from criminal
and
civil liability
based upon a claim of
assault and battery or
any
other
claim that is not
a claim of
malpractice, for
any
act performed in withdrawing blood from the
person.
The immunity
provided in this division is not available to
a person who
withdraws blood if the person engages in willful or
wanton
misconduct.
(G)
As used in this
section
and section 1547.111 of the
Revised Code:
(1)
"Equivalent violation" means a violation of a municipal
ordinance, law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of this
section.
(2)
"Operate" means that a
vessel is being used on the
waters
in this state when the vessel is not
securely affixed to a
dock or
to shore or to any permanent structure to which
the vessel
has the
right to affix or that a vessel is not anchored in a
designated
anchorage area or boat camping area that is established
by the
United States coast guard, this state, or a political
subdivision
and in which the vessel has the right to anchor.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information:
(1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number. The bureau of
motor vehicles shall retain in its records all social security
numbers provided under this section, but the bureau shall not
place social security numbers on motor vehicle certificates of
registration.
(B) Each time an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a physical
certificate of title or memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk instead has issued an electronic
certificate of title for the applicant's motor vehicle, that
certificate may be presented for inspection at the time of first
registration in a manner prescribed by rules adopted by the
registrar. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code.
(3) A
certificate of title or memorandum certificate of
title does not
accompany
the application or, in the case of an
electronic certificate of title, is not presented in a manner
prescribed by the registrar's rules.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall indicate, by a stamp or
by other means the registrar
prescribes, on the
registration certificate issued upon the first
registration of a
motor vehicle by or on behalf of the owner the
odometer reading
of
the motor vehicle as shown in the odometer
statement included
in
or attached to the certificate of title.
Upon each subsequent
registration of the motor vehicle by or on
behalf of the same
owner, the official also shall so indicate the
odometer reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing October 1, 2003, the registrar and each deputy registrar shall collect an additional fee of eight dollars for each application for registration and registration renewal received. The additional fee is for the purpose of defraying the costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio by the state highway patrol. Each deputy registrar shall transmit the fees collected under division (C)(1) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the state highway patrol fund established in section 4501.061 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.11. (A) Except as provided by sections
4503.103,
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised
Code, no
person who is the owner or chauffeur of a motor vehicle
operated
or driven upon the public roads or highways shall fail
to file
annually the application for registration or to pay the
tax
therefor.
(B) Except as provided by sections 4503.12 and 4503.16 of
the Revised Code, the taxes payable on all applications made
under
sections 4503.10 and 4503.102 of the Revised Code shall be
the sum
of the tax due under division (B)(1)(a) or (b) of this
section
plus the tax due under division (B)(2)(a) or (b) of this
section:
(1)(a) If the application is made before the second month of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
tax due is the full amount of the tax provided in section 4503.04
of the Revised Code;
(b) If the application is made during or after the second
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the
Revised
Code, and prior to the beginning of the next such
registration
period, the amount of the tax provided in section
4503.04 of the
Revised Code shall be reduced by one-twelfth of
the amount of such
tax, rounded upward to the nearest cent,
multiplied by the number
of full months that have elapsed in the
current registration
period. The resulting amount shall be
rounded upward to the next
highest dollar and shall be the amount
of tax due.
(2)(a) If the application is made before the sixth month
of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
amount of tax due is the full amount of local motor vehicle
license taxes levied under Chapter 4504. of the Revised Code;
(b) If the application is made during or after the sixth
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the
Revised
Code and prior to the beginning of the next such
registration
period, the amount of tax due is one-half of the
amount of local
motor vehicle license taxes levied under Chapter
4504. of the
Revised Code.
(C)
The taxes payable on all applications made under
division (A)(1)(b) of section 4503.103 of the Revised Code shall
be the sum of the tax due under division (B)(1)(a) or (b) of this
section plus the tax due under division (B)(2)(a) or (b) of this
section for the first year plus the full amount of the tax
provided in section 4503.04 of the Revised Code and the full
amount of local motor vehicle license taxes levied under Chapter
4504. of the Revised Code for the second year.
(D) Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4503.182. (A) A purchaser of a motor
vehicle, upon
application and proof of purchase of the vehicle, may be
issued
a
temporary license placard or windshield sticker for the
motor
vehicle.
The purchaser of a vehicle applying for a temporary license
placard or windshield sticker under this section shall execute an
affidavit stating that the purchaser has not been
issued
previously
during the
current registration year a license plate
that could
legally be transferred to
the vehicle.
Placards or windshield stickers shall be issued only for
the
applicant's use of the vehicle to enable
the
applicant to legally
operate the motor vehicle while proper title,
license plates, and
a certificate of registration
are being obtained, and shall be
displayed on no
other motor vehicle.
Placards or windshield stickers issued under this section
are
valid for a period of thirty days from date of
issuance
and are
not transferable or renewable.
The fee for
the placards or windshield stickers is
two
dollars plus a
deputy registrar service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three dollars and
twenty-five
cents
commencing on January 1, 2003, and three dollars
and fifty
cents
commencing on January 1, 2004, for
each
placard
issued
by a
deputy registrar.
(B) The registrar of motor vehicles may issue to a
motorized
bicycle dealer or a licensed motor vehicle dealer
temporary
license placards to be issued to purchasers for use on
vehicles
sold by the
dealer, in accordance with
rules
prescribed
by the
registrar. The dealer shall notify the
registrar, within
forty-eight hours, of
the issuance
of a
placard by
electronic
means via computer
equipment purchased and
maintained by the
dealer or in any other
manner prescribed by the
registrar.
The fee for each
placard issued by the registrar to
a
licensed motor vehicle dealer is
two dollars if the dealer notifies the registrar of the issuance of the placards by electronic means via computer equipment. The fee for each placard issued by the registrar to a licensed motor vehicle dealer is two dollars plus a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, if the dealer notifies the registrar of the issuance of the placards in a manner other than by electronic means.
When a licensed motor vehicle dealer issues a placard to the purchaser of a vehicle, the dealer shall collect and retain a fee of two dollars plus a service fee of three dollars and twenty-five cents commencing on January 1, 2003, and three dollars and fifty cents commencing on January 1, 2004.
(C) The registrar of motor vehicles, at the
registrar's
discretion, may issue a temporary license placard. Such a
placard
may
be issued in the case of extreme hardship encountered by a
citizen from this state or another state who has attempted to
comply with all registration laws, but for extreme circumstances
is unable to properly register the citizen's vehicle.
(D) In addition to the fees charged under divisions (A) and (B) of this section, commencing on October 1, 2003, the registrar and each deputy registrar shall collect a fee of five dollars for each temporary license placard issued. The additional fee is for the purpose of defraying the costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio by the state highway patrol. Each deputy registrar shall transmit the fees collected under this division in the same manner as provided for transmission of fees collected under division (A) of this section. The registrar shall deposit all moneys received under this division into the state highway patrol fund established in section 4501.061 of the Revised Code.
(E) The registrar shall adopt
rules, in accordance with
division (B) of section 111.15 of the
Revised Code, to specify the
procedures for reporting the
information from applications for
temporary license placards
and windshield stickers and for
providing the information from these
applications to law
enforcement agencies.
(E)(F) Temporary license
placards issued under this section
shall bear a distinctive combination of
seven
letters, numerals,
or letters and numerals, and shall incorporate
a security feature
that, to the greatest degree possible, prevents tampering
with any
of the information that is entered upon a placard when it is
issued.
(F)(G)
Whoever violates division (A) of this section is guilty
of a misdemeanor of the fourth degree. Whoever violates division
(B) of this section is guilty of a misdemeanor of the first
degree.
(G)(H) As used in this section, "motorized bicycle dealer"
means
any person engaged in the business of selling at retail,
displaying, offering for sale, or dealing in motorized bicycles
who is not subject to section 4503.09 of the Revised Code.
Sec. 4503.19.
(A) Upon the filing of an application for
registration and the payment of the tax for
registration, the
registrar
of motor vehicles or a deputy registrar shall determine
whether the owner
previously has
been issued a license plates plate for
the motor vehicle
described in the application. If no license
plates plate previously have
has been
issued to the owner for that motor
vehicle, the registrar or deputy registrar
shall assign to the
motor vehicle a distinctive number and issue
and deliver to the
owner in the manner
that the registrar may
select a certificate of
registration, in the form
that the
registrar shall
prescribe, and,
except as otherwise provided in this section, two
a license plates,
duplicates of each other, plate and a validation
sticker, or a
validation
sticker alone, to be attached to the number plates license plate as
provided in section
4503.191 of the Revised Code. The registrar
or deputy registrar also shall
charge the owner any fees required
under division (C) of section 4503.10 of
the Revised Code.
Trailers, manufactured homes, mobile homes,
semitrailers, the
manufacturer thereof, the
dealer, or in transit companies therein,
shall be issued one
license plate only and one validation sticker,
or a validation sticker
alone, and the The license plate and
validation sticker shall
be displayed
only on the rear of such
vehicles. A the vehicle, except that a commercial tractor that
does not receive an
apportioned license plate under the
international registration
plan shall be issued two display the license
plates plate and one validation
sticker, and the
validation sticker shall be displayed on the
front of the
commercial tractor. An apportioned vehicle receiving
an
apportioned
license plate under the international registration
plan shall be
issued one license plate only and one validation
sticker, or a validation
sticker alone; the license plate shall be
displayed only on the front of
a semitractor and on the rear of
all other vehicles. School
buses shall not be issued a license
plates plate but shall bear
identifying numbers in the manner prescribed
by section 4511.764
of the Revised Code. The certificate of
registration and license plates plate and
validation stickers sticker, or
validation stickers
sticker alone, shall be issued and delivered to the
owner in person or by
mail. Chauffeured limousines shall be
issued a license plates plate, a
validation sticker, and a livery sticker
as provided in section
4503.24 of the Revised Code. In the event
of the loss,
mutilation, or destruction of any certificate of
registration, or
of any license plates plate or validation stickers sticker, or
if
the owner
chooses to replace the license plates plate previously issued
for a motor vehicle,
or if the registration certificate and
license plates plate have been
impounded as
provided by division
(B)(1)
of section 4507.02 and
section
4507.16 of the Revised Code, the
owner of
a motor
vehicle, or
manufacturer or dealer, may obtain
from the
registrar, or from a
deputy registrar if authorized by
the registrar, a
duplicate
thereof or a new license plates plate bearing a
different number, if the
registrar
considers it advisable, upon
filing an application
prescribed by the
registrar, and upon paying
a fee of one dollar
for such certificate of
registration, or a fee of
two dollars for
each set of two
license plates, or one dollar for
each single
license plate or
validation sticker. In addition,
each applicant
for a replacement
certificate of
registration,
license plate, or
validation sticker shall pay the fees provided
in divisions (C)
and (D) of section 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who
either issues a license plates plate and a validation sticker for use on
any vehicle other than a
commercial tractor, semitrailer, or
apportioned vehicle, or who issues
a validation sticker alone for
use on such a vehicle and the owner
has changed the owner's county
of residence since the
owner last was issued county
identification
stickers, also shall issue and deliver to the
owner either one or
two a county identification stickers, as appropriate sticker,
which shall be
attached to the
license plates plate in a manner
prescribed by the
director of public safety. The county
identification stickers
sticker shall identify prominently
by name or number
the county in which
the owner of the vehicle resides at the time of
registration.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.21.
(A) No person who is the owner or operator of
a
motor vehicle shall fail to display in plain view on the front
and rear of the motor vehicle the distinctive number and
registration mark, including any county identification sticker
and
any validation sticker issued under sections 4503.19 and
4503.191
of the Revised Code, furnished by the director of public
safety,
except that a manufacturer of motor vehicles or dealer
therein,
the holder of an in transit permit, and the owner or
operator of a
motorcycle, motorized bicycle, manufactured home,
mobile home,
trailer, or semitrailer shall display on the rear
only. A motor
vehicle that is issued two license plates shall
display the
validation sticker only on the rear license plate, except that a
commercial tractor that does not receive an apportioned license
plate
under the international registration plan shall
display the
license plate and validation sticker on the front of the
commercial tractor. An
apportioned vehicle receiving an apportioned license plate under
the international registration plan shall display the license
plate
only on the front of a commercial tractor and on the rear
of
all other vehicles. All The license plates plate shall be securely
fastened
so as not to swing, and. No person shall not be covered by cover the face of the license plate with any material that whatsoever, regardless of whether the material
obstructs their its visibility.
No person to whom a temporary license placard or windshield
sticker has been issued for the use of a motor vehicle under
section 4503.182 of the Revised Code, and no operator of
that
motor vehicle, shall fail to display the
temporary license
placard
in plain view from the rear of the vehicle either in the
rear
window or on an external rear surface of the motor vehicle,
or
fail to display the windshield sticker in plain view on
the rear
window of the motor vehicle. No temporary license
placard or
windshield sticker shall be covered by any material
that obstructs
its visibility.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4511.19. (A) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(1) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them;.
(2) The person has a concentration of ten-hundredths eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood;.
(3)
The person has a concentration of twelve-hundredths ninety-six-thousandths of
one per
cent or more but less than two hundred four-thousandths of
one per cent
by weight per unit volume of alcohol in the person's
blood serum or
plasma;.
(4) The person has a concentration of ten-hundredths eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath;.
(5) The person has a concentration of fourteen-hundredths
eleven-hundredths of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine;.
(6) The person has a concentration of
seventeen-hundredths
of one per cent or more by weight
per unit
volume
of alcohol in
the person's
whole blood;.
(7)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma;.
(8) The person has a concentration of
seventeen-hundredths
of one gram or more by weight of alcohol per
two hundred ten
liters of the person's breath;.
(9) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if,
at the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths of one per cent but less than ten-hundredths eight-hundredths of
one
per cent by weight
per unit volume of alcohol in the person's
whole blood;.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than twelve-hundredths
ninety-six-thousandths of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma;.
(3) The person has a concentration of at least
two-hundredths of one gram but less than ten-hundredths eight-hundredths of one
gram by weight of alcohol per two hundred ten liters of the
person's breath;.
(4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
fourteen-hundredths eleven-hundredths of
one gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1) and a
violation
of division (B)(1), (2), or (3) of this section, but
the person
may not be convicted of more than one violation of these
divisions.
(D)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section
or for an equivalent
offense, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse, or
a combination of them in the
defendant's
whole blood,
blood serum or plasma, breath, urine, or
other bodily
substance at the time of the alleged violation as
shown by
chemical analysis of the
substance withdrawn within two
hours of
the time of
the alleged violation.
When a person submits to a blood test at the request of a
law enforcement officer under section 4511.191 of the
Revised
Code, only a
physician, a registered nurse, or a qualified
technician,
chemist,
or phlebotomist shall withdraw blood for
the
purpose of
determining
the
alcohol, drug, or alcohol and
drug
content
of the whole blood, blood serum,
or blood plasma.
This
limitation does
not apply to the taking of breath or urine
specimens. A
person authorized to withdraw blood under
this
division may
refuse to withdraw blood
under this division, if in
that person's
opinion, the physical welfare of
the person would
be
endangered by the withdrawing of blood.
The bodily substance
withdrawn shall be analyzed in
accordance with
methods approved by the director of health by an
individual
possessing a valid permit issued by the director
pursuant to section 3701.143 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense, if there was at the time the
bodily substance
was
withdrawn a concentration of less than
the
applicable
concentration of alcohol specified in
divisions (A)(2),
(3), (4),
and (5) of this section, that fact
may be considered
with other
competent evidence
in determining the guilt or
innocence of the
defendant. This
division does not limit or
affect a criminal
prosecution or
juvenile court proceeding for a
violation of
division (B) of this
section or
for an equivalent offense that
is
substantially
equivalent to
that
division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis.
The person tested may have a physician, a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
form to be read to the person
to be tested, as required
under
section 4511.192 of the Revised
Code, shall state that the person
may have an
independent test
performed at the person's expense.
The failure or
inability to
obtain an additional
chemical test by
a person shall not preclude
the admission of
evidence relating to
the chemical test or tests
taken at the
request of a
law
enforcement officer.
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(2), (3), (4), (5), (6), (7), (8), or (9)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability and
civil
liability
based upon a
claim of assault and battery or
any other
claim that is not
a
claim
of malpractice, for any
act performed in withdrawing blood
from
the person.
The immunity
provided in this division is not
available to a
person who
withdraws blood if the person engages in
willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1) to
(9) of this section is
guilty of
operating a vehicle under the
influence of alcohol, a drug of abuse, or a
combination of them.
The court shall sentence the offender under
Chapter 2929. of the
Revised Code, except as otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender on probation and requires the offender
to
attend, for three consecutive days, a
drivers' intervention
program certified under section 3793.10 of the Revised Code.
The
court also may suspend the execution of any part of the
three-day
jail term under this division if it places the offender on
probation for part of the three days, requires the offender to
attend for the suspended part of the term a drivers' intervention
program so certified, and sentences the offender to a jail term
equal to the remainder of the three consecutive days that the
offender does not spend attending the program. The court may
require the offender, as a condition of probation and in addition
to the required attendance at a drivers' intervention program, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services that the operators of the drivers'
intervention program determine that the offender should attend and
to report periodically to the court on the offender's progress in
the programs. The court also may impose on the offender any other
conditions of probation that it considers necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9) of this section, except as
otherwise provided in
this division, a mandatory jail term of at
least three consecutive
days and a requirement that the offender
attend, for three
consecutive days, a drivers' intervention
program that is
certified pursuant to section 3793.10 of the
Revised Code. As
used in this division, three consecutive days
means seventy-two consecutive
hours. If the court determines that
the offender is not
conducive to treatment in a drivers'
intervention program, if the
offender refuses to attend a drivers'
intervention program, or if the jail at
which the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, as a condition of
probation,
to attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant to
Chapter 3793. of the Revised Code by the director of
alcohol and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any other conditions of probation on the offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than two hundred
fifty
and not more than one
thousand dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
electronically
monitored
house arrest. The court may
impose a
jail term in addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months.
In addition to the jail term or the term of electronically
monitored house arrest and jail term, the court may require the
offender
to attend a drivers' intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain treatment through
an alcohol and drug
addiction program
authorized by section 3793.02 of the Revised
Code.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9) of this section, except as
otherwise provided in
this division, a mandatory jail term of
twenty consecutive days. The court
shall impose the twenty-day
mandatory jail term under
this division unless, subject to
division (G)(3) of this section,
it instead imposes a sentence
under that division
consisting of both a jail term and a term of
electronically
monitored
house arrest. The court may impose a
jail term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months.
In addition to the jail term or the term of electronically
monitored house arrest and jail term, the court may require the
offender
to attend a driver's intervention program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, the
program shall notify the court, and, subject to
division (I) of
this section, the court shall order the offender
to obtain
treatment through an alcohol and drug addiction program
authorized
by section 3793.02 of the Revised Code.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
hundred fifty and not more than one thousand five hundred dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
electronically
monitored house arrest. The
court may impose a
jail term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the terms of imprisonment
set
forth in Chapter
2929. of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, a mandatory
jail term of
sixty
consecutive days. The court shall impose the
sixty-day mandatory jail
term under this division unless, subject
to division (G)(3)
of this section, it instead imposes a sentence
under that division
consisting of both a jail term
and a term of
electronically
monitored house arrest. The court may impose a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the terms of imprisonment set forth in Chapter
2929. of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred fifty and
not more than two thousand five hundred dollars;
(iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
more violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a felony of the fourth degree.
The court shall
sentence the offender to all of the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, in the
discretion of
the court, either a mandatory term of local
incarceration of sixty consecutive
days in accordance with
division (G)(1) of section 2929.13 of the Revised Code or a
mandatory prison term of sixty consecutive days of imprisonment in
accordance
with division (G)(2) of that section. If the
court
imposes a mandatory term of local incarceration, it may impose a
jail
term in addition to the sixty-day mandatory term, the
cumulative total of the mandatory
term and the jail term for the
offense
shall not exceed one year, and no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term, notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty months, the
prison terms shall be imposed as described
in division (G)(2) of
section 2929.13 of the Revised Code, and no
term of local
incarceration, community residential sanction, or
nonresidential sanction is
authorized for the offense.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section. If the court
imposes a mandatory
term of local incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the mandatory term
and the jail term
for
the offense shall not exceed one year, and no prison term is
authorized for the offense. If the court imposes a mandatory
prison term, notwithstanding division (A)(4) of section 2929.14 of
the Revised Code,
it also may sentence the offender to a definite
prison term that shall be not
less than six months and not more
than thirty months, the prison terms shall
be imposed as described
in division (G)(2) of section 2929.13 of the Revised Code,
and no
term of local incarceration, community residential sanction, or
nonresidential sanction is authorized for the offense.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of electronically monitored house
arrest. The term shall not
commence until after the
offender has
served the mandatory term of local incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1), (2), (3), (4), or (5) of this section, a
mandatory
prison term of sixty consecutive days in
accordance with
division (G)(2) of section 2929.13 of the Revised Code. The court
may impose a prison term in
addition to the sixty-day mandatory
prison term. The cumulative
total of
the mandatory prison term
and the additional prison term for the offense shall
not exceed
five years. No term of local incarceration, community residential
sanction, or nonresidential
sanction is authorized for the
offense.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code. The
court may
impose a prison term in addition to the one hundred
twenty-day mandatory
prison term. The cumulative total of the
mandatory prison term and
the additional prison term for the
offense shall not exceed five
years. No term of local
incarceration, community residential
sanction, or nonresidential
sanction is authorized for the
offense.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and if,
within sixty days of
sentencing of the offender,
the court issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of electronically monitored
house arrest, as defined in section 2929.23
of the Revised Code.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of
electronically
monitored house arrest. The cumulative total of
the five consecutive days in
jail and the period of electronically
monitored house arrest shall
not exceed six months. The five
consecutive days in jail do not
have to be served prior to or
consecutively to the period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of electronically
monitored
house arrest. The
cumulative total of the ten consecutive days in
jail and the
period of electronically monitored house arrest shall
not exceed
six months. The ten consecutive days in jail do not
have to be
served prior to or consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of electronically
monitored house arrest. The
cumulative total of the fifteen
consecutive days in jail and the
period of electronically
monitored house arrest shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of electronically monitored house arrest.
The
cumulative total of the thirty consecutive days in jail and
the
period of electronically monitored house arrest shall not
exceed
one year. The thirty consecutive days in jail do not have
to be
served prior to or consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
only
if the court imposes as one of the conditions of the
privileges that the
offender must display on the vehicle that is
driven subject to the privileges
restricted license plates that
are issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1),
(2), (3), (4), or
(5) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not sentenced to a
term of incarceration, the
fifty dollars shall
be paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of electronic
house
arrest equipment
needed for persons who violate this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N) of section 4511.191 of
the Revised Code.
(d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section.
(e)
The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense, the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offense offenses, the
offender is guilty of a
misdemeanor of the third degree. In addition to any
other
sanction imposed
for the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
All terms defined in sections 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same term as defined in section 4501.01 or 4511.01 of the
Revised Code, the term as
defined in section 4510.01 of the
Revised Code applies to this section.
(L)(1)
The Ohio Traffic Rules in effect
on
the effective date
of
this amendment
January 1, 2004, as adopted by the supreme court under authority
of
section 2937.46 of the Revised Code, do not apply to felony
violations of this section. Subject to division (L)(2) of this
section, the Rules of Criminal Procedure apply to felony
violations of this section.
(2) If, on or after
the effective date of
this
amendment
January 1, 2004,
the supreme court modifies the Ohio Traffic
Rules
to provide
procedures to govern felony violations of this
section,
the
modified rules shall apply to felony violations
of this
section.
Sec. 4513.111. (A)(1) Every multi-wheel agricultural
tractor
whose model year was 2001 or earlier,
when being operated
or
traveling on a street or highway at the times specified in
section
4513.03 of the Revised Code, at a minimum shall be
equipped
with and display
reflectors and illuminated amber lamps
so that the extreme left and right projections of the tractor are
indicated by flashing lamps displaying amber light, visible to the
front and
the rear, by amber reflectors, all visible
to the front,
and by
red reflectors, all visible to the
rear.
(2) The lamps displaying amber light need not flash
simultaneously and
need not flash in conjunction with any
directional signals of the tractor.
(3) The lamps and reflectors required by division (A)(1) of
this
section and their placement shall meet standards and
specifications contained in rules adopted by the director of
public safety in accordance with Chapter 119. of the Revised
Code.
The rules governing the amber lamps, amber reflectors, and red
reflectors and their placement shall
correlate with and, as far as
possible,
conform with
paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2
respectively of the American
society of agricultural engineers
standard ANSI/ASAE
S279.10 OCT98, lighting and marking of
agricultural
equipment on highways.
(B) Every unit of farm machinery
whose model year was 2002
or later,
when being operated
or traveling on a street or highway
at the times specified in
section 4513.03 of the Revised Code,
shall be equipped with
and display markings and illuminated lamps
that meet or exceed the lighting,
illumination, and marking
standards and specifications that are
applicable to that type of
farm machinery
for the unit's model year specified in the
American
society of agricultural engineers standard
ANSI/ASAE S279.10
OCT98 S279.11 APR01, lighting
and marking of agricultural equipment on highways, or any subsequent revisions of that standard.
(C) The lights and reflectors required by division (A)
of
this section are in
addition to the slow-moving vehicle emblem and
lights required or
permitted by section 4513.11 or 4513.17 of the
Revised Code
to be displayed on farm machinery being operated or
traveling on a street
or highway.
(D) No person shall operate any unit of farm machinery
on a
street
or highway or cause any unit of farm machinery to travel on
a street or
highway in violation of division (A) or (B)
of this
section.
(E) Whoever violates this section shall be punished as
provided in section 4513.99 of the Revised Code.
Sec. 4549.10.
(A) No person shall operate or cause to be
operated
upon a public
road or highway a motor vehicle of a
manufacturer or dealer unless
the
vehicle
carries and
displays
two placards a placard, except as provided in section 4503.21 of
the
Revised
Code, issued by the director of public safety
that
bear bears the
registration
number of its manufacturer or dealer.
(B)
Whoever violates division (A) of this
section is guilty
of
illegal operation of a manufacturer's or dealer's motor
vehicle, a minor
misdemeanor on a first offense and a misdemeanor
of the fourth degree on each
subsequent
offense.
Section 5. That the existing versions of sections 1547.11, 4503.10, 4503.11, 4503.182, 4503.19, 4503.21, 4511.19, 4513.111, and 4549.10 of the Revised Code that are scheduled to take effect January 1, 2004, are hereby repealed.
Section 6. Sections 4 and 5 of this act take effect January 1, 2004.
Section 7. The amendment of section 4511.191 of the Revised Code by this act does not supersede the earlier amendment with delayed effective date of that section by Am. Sub. S.B. 123 of the 124th General Assembly.
Section 8. Upon the approval of the Legislative Service Commission, the staff of the Legislative Service Commission, beginning in January, 2006, shall conduct a study of force account limits established by this act for the Department of Transportation, counties, townships, and municipal corporations.
The study shall consider the number of force account projects completed by the Department of Transportation and the political subdivisions and shall assess the use of taxpayer funds for those projects. The study shall discuss any measurable effects on economic development that may relate to specific force account projects. The study also shall address findings of the Auditor of State under section 117.16 of the Revised Code, including whether the Department of Transportation or political subdivisions were found to have violated the force account limits and whether any political subdivisions were subject to reduced force account limits as a result of the audits.
If approved by the Commission, the staff shall submit a report on the study to the General Assembly not later than January 1, 2007.
Section 9. From July 1, 2003, through June 30, 2005, three or fewer steel coils are deemed to be a nondivisible load for purposes of special permits issued under section 4513.34 of the Revised Code, provided that the maximum overall gross vehicle weight of the vehicle and load shall not exceed ninety-two thousand pounds.
Section 10. Except as otherwise provided, all appropriation
items in this act are hereby appropriated out of any
moneys in
the state treasury to the credit of the designated
fund, which are
not otherwise appropriated. For all
appropriations made in this
act, the amounts in the first
column are for fiscal year 2004 and
the amounts in the second
column are for fiscal year 2005.
Section 11. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2004 |
|
|
FY 2005 |
Transportation Planning and ResearchHighway Operating Fund Group
002 |
771-411 |
|
Planning and Research - State |
|
$ |
14,548,950 |
|
$ |
15,070,100 |
002 |
771-412 |
|
Planning and Research - Federal |
|
$ |
35,193,300 |
|
$ |
35,644,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
49,742,250 |
|
$ |
50,715,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Transportation Planning |
|
|
|
|
|
|
and Research |
|
$ |
49,742,250 |
|
$ |
50,715,000 |
Highway ConstructionHighway Operating Fund Group
002 |
772-421 |
|
Highway Construction - State |
|
$ |
486,222,430 |
|
$ |
446,847,300 |
002 |
772-422 |
|
Highway Construction - Federal |
|
$ |
762,964,700 |
|
$ |
766,001,700 |
002 |
772-424 |
|
Highway Construction - Other |
|
$ |
70,000,000 |
|
$ |
51,000,000 |
212 |
770-005 |
|
Infrastructure Debt Service - Federal |
|
$ |
72,064,200 |
|
$ |
78,696,100 |
212 |
772-423 |
|
Infrastructure Lease Payments - Federal |
|
$ |
12,537,800 |
|
$ |
12,537,300 |
212 |
772-426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
2,740,000 |
|
$ |
2,620,000 |
212 |
772-427 |
|
Highway Infrastructure Bank - State |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,417,529,130 |
|
$ |
1,368,702,400 |
Highway Capital Improvement Fund Group
042 |
772-723 |
|
Highway Construction - Bonds |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
Infrastructure Bank Obligations Fund Group |
|
|
|
|
|
|
045 |
772-428 |
|
Highway Infrastructure Bank - Bonds |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Construction |
|
$ |
1,679,029,130 |
|
$ |
1,631,702,400 |
Highway MaintenanceHighway Operating Fund Group
002 |
773-431 |
|
Highway Maintenance - State |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Maintenance |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
Public TransportationHighway Operating Fund Group
002 |
775-452 |
|
Public Transportation - Federal |
|
$ |
27,000,000 |
|
$ |
27,000,000 |
002 |
775-454 |
|
Public Transportation - Other |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
002 |
775-459 |
|
Elderly and Disabled Special Equipment - Federal |
|
$ |
4,230,000 |
|
$ |
4,230,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
32,730,000 |
|
$ |
32,730,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Public Transportation |
|
$ |
32,730,000 |
|
$ |
32,730,000 |
Rail TransportationHighway Operating Fund Group
002 |
776-462 |
|
Grade Crossings - Federal |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
State Special Revenue Fund Group
4A3 |
776-665 |
|
Railroad Crossing Safety Devices |
|
$ |
1,000,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
1,000,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
16,000,000 |
|
$ |
15,000,000 |
AviationHighway Operating Fund Group
002 |
777-472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
002 |
777-475 |
|
Aviation Administration |
|
$ |
4,064,700 |
|
$ |
4,139,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
4,469,700 |
|
$ |
4,544,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
4,469,700 |
|
$ |
4,544,000 |
AdministrationState Special Revenue Fund Group
4T5 |
770-609 |
|
Administration Memorial Fund |
|
$ |
5,000 |
|
$ |
5,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,000 |
|
$ |
5,000 |
Highway Operating Fund Group
002 |
779-491 |
|
Administration - State |
|
$ |
116,449,900 |
|
$ |
121,986,500 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
116,449,900 |
|
$ |
121,986,500 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
116,454,900 |
|
$ |
121,991,500 |
Debt ServiceHighway Operating Fund Group
002 |
770-003 |
|
Administration - State - Debt Service
|
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL Department of Transportation
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
2,044,328,680 |
|
$ |
2,020,156,400 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,005,000 |
|
$ |
5,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,305,333,680 |
|
$ |
2,280,161,400 |
Section 11.01. ISSUANCE OF BONDS
The Treasurer of State, upon the request of the Director of
Transportation, is authorized to issue and sell, in accordance
with
Section 2m of Article VIII, Ohio Constitution, and Chapter
151. and particularly sections 151.01 and 151.06 of the Revised
Code, obligations, including bonds and
notes, of the State of Ohio
in the aggregate amount of $420,000,000
in addition to the
original issuance of obligations
heretofore
authorized by prior
acts of the General Assembly.
The obligations shall be dated, issued, and sold from time to
time in such
amounts as may be necessary to provide sufficient
moneys to the credit of the
Highway Capital Improvement Fund (Fund
042) created by section
5528.53 of the
Revised Code to pay costs
charged to the fund when due as estimated by the
Director of
Transportation, provided, however, that such obligations shall be
issued and sold at such time or times so that not more than
$220,000,000
original principal amount of obligations, plus the
principal amount of
obligations that in prior fiscal years could
have been, but were not, issued
within the $220,000,000 limit, may
be issued in any fiscal year, and not more
than $1,200,000,000
original principal amount of such obligations are outstanding at
any one time.
Section 11.02. MAINTENANCE INTERSTATE HIGHWAYS
The Director of Transportation may remove snow and ice and
maintain, repair, improve, or provide lighting upon interstate
highways that are located within the boundaries of municipal
corporations, adequate to meet the requirements of federal
law.
When agreed in writing by the Director of Transportation and the
legislative
authority of a municipal corporation and
notwithstanding
sections 125.01 and 125.11 of the Revised Code,
the Department of
Transportation may reimburse the municipal
corporation for all or
any part of the costs, as provided by such
agreement, incurred by
the municipal corporation in maintaining,
repairing, lighting, and
removing snow and ice from the interstate
system.
Section 11.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING
AND
RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, AVIATION,
AND
ADMINISTRATION
The Director of Budget and Management may approve requests
from
the Department of Transportation for transfer of Fund 002
appropriations for highway planning and research (appropriation
items
771-411 and 771-412), highway construction (appropriation
items 772-421,
772-422, and 772-424), highway maintenance
(appropriation item 773-431), rail grade crossings (appropriation item 776-462), aviation (appropriation item
777-475), and administration (appropriation item 779-491).
Transfers of appropriations
may be made upon the
written request
of the Director of Transportation and with the
approval of the
Director of Budget and Management. Such
transfers shall be
reported to the Controlling Board at the next
regularly scheduled
meeting of the board.
This transfer authority is intended to provide for emergency
situations and flexibility to meet unforeseen conditions that
could arise during the budget period. It also is intended to
allow the
department to optimize the use of available resources
and adjust
to circumstances affecting the obligation and
expenditure of
federal funds.
TRANSFER OF APPROPRIATIONS - FEDERAL HIGHWAY AND FEDERAL
TRANSIT
The Director of Budget and Management may approve requests
from the Department of Transportation for the transfer of
appropriations between appropriation items 772-422, Highway
Construction - Federal, and 775-452, Public Transportation -
Federal, based upon transit capital projects meeting Federal
Highway Administration and Federal Transit Administration funding
guidelines. Transfers between these appropriation items may be
made upon the written request of the Director of Transportation
and with the approval of the Director of Budget and Management.
Such transfers shall be reported to the Controlling Board at its
next regularly scheduled meeting.
TRANSFER OF APPROPRIATIONS - STATE INFRASTRUCTURE BANK
The Director of Budget and Management may approve requests
from the Department
of Transportation for transfer of
appropriations and
cash of the
Infrastructure Bank funds created
in section 5531.09 of the Revised Code,
including transfers
between fiscal years 2004 and 2005. Such transfers shall
be
reported to the Controlling Board at its next regularly scheduled
meeting. However, the director may not make transfers out of debt
service and lease payment appropriation items unless the director
determines
that the appropriated amounts exceed the actual and
projected debt, rental, or
lease payments.
Should the appropriation and any reappropriations from prior years in appropriation item 770-005 and appropriation item 772-423 exceed the actual and projected debt, rental, or lease payments for fiscal year 2004 or 2005, then prior to June 30, 2005, the balance may be transferred to appropriation item 772-422. Such transfer may be made upon the written request of the Director of Transportation and with the approval of the Director of Budget and Management. Transfers shall be reported to the Controlling Board at its next regularly scheduled meeting.
The Director of Budget and Management may approve requests
from the Department
of Transportation for transfer of
appropriations and
cash from the Highway Operating Fund (Fund 002)
to the Infrastructure Bank funds
created in section 5531.09 of the
Revised Code.
The Director of Budget and Management may
transfer
from the Infrastructure Bank funds to the
Highway Operating Fund
up to the amounts originally
transferred to the Infrastructure
Bank funds under this
section. Such transfers shall be
reported
to the Controlling Board at its next regularly scheduled meeting. However, the director may not make transfers
between modes and
transfers
between different funding
sources.
INCREASE APPROPRIATION AUTHORITY - STATE FUNDS
In the event that receipts or unexpended balances credited to
the Highway Operating Fund exceed the estimates upon which the
appropriations have been made in
this act, upon the request of
the
Director of
Transportation, the Controlling Board may
increase
appropriation
authority in the manner
prescribed in
section 131.35
of the
Revised Code.
INCREASE APPROPRIATION AUTHORITY - FEDERAL AND LOCAL FUNDS
In the event that receipts or unexpended balances credited to
the Highway Operating Fund or apportionments or allocations made
available from the federal and local government exceed the
estimates
upon which the appropriations have been made in
this act, upon the request of
the
Director of Transportation, the
Controlling Board may increase
appropriation authority in the
manner prescribed in section 131.35
of the Revised Code.
All appropriations of the Highway Operating Fund (Fund 002),
the Highway
Capital Improvement Fund (Fund 042), and the
Infrastructure
Bank funds created in section 5531.09 of the
Revised Code remaining
unencumbered on June 30, 2003, are hereby reappropriated for the same purpose in
fiscal year 2004.
All appropriations of the Highway Operating Fund (Fund 002) and
the Highway
Capital Improvement Fund (Fund 042), and the
Infrastructure
Bank funds created in section 5531.09 of the
Revised Code
remaining unencumbered on
June 30, 2004, are hereby
reappropriated for the same purpose in fiscal
year 2005.
Any balances of prior years' appropriations to the Highway Operating Fund (Fund 002), the Highway Capital Improvement Fund (Fund 042), and the Infrastructure Bank funds created in section 5531.09 of the Revised Code that are unencumbered on June 30, 2003, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2004 upon the request of the Director of Transportation and with the approval of the Director of Budget and Management. Such reappropriations shall be reported to the Controlling Board.
Any balances of prior years' appropriations to the Highway Operating Fund (Fund 002), the Highway Capital Improvement Fund (Fund 042), and the Infrastructure Bank funds created in section 5531.09 of the Revised Code that are unencumbered on June 30, 2004, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2005 upon the request of the Director of Transportation and with the approval of the Director of Budget and Management. Such reappropriations shall be reported to the Controlling Board.
Section 11.04. PUBLIC ACCESS ROADS FOR STATE FACILITIES
Of the foregoing appropriation item 772-421, Highway
Construction
- State, $3,145,500 is to be used each fiscal year
during the
2003-2005 biennium by the Department of Transportation
for the
construction, reconstruction, or maintenance of public
access
roads, including support features, to and within state
facilities owned
or operated by the Department of Natural
Resources, as requested by
the Director of Natural Resources.
Notwithstanding section 5511.06 of the Revised Code, of the
foregoing appropriation item 772-421, Highway Construction -
State, $2,228,000 in each fiscal year of the 2003-2005 biennium
shall be used by the Department of Transportation for the
construction,
reconstruction, or maintenance of park drives or
park roads
within the boundaries of metropolitan parks.
Included in the foregoing appropriation item 772-421, Highway
Construction - State, the department may perform
related
road work
on behalf of the Ohio Expositions Commission at the
state
fairgrounds, including reconstruction or maintenance of
public
access roads, including support features, to and within the
facilities as requested by the commission and approved by the
Director of Transportation.
LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made to the Department of Transportation,
Highway Operating Fund, not otherwise restricted by law, is
available
to liquidate unforeseen liabilities arising from
contractual
agreements of prior years when the prior year
encumbrance is
insufficient.
RUMBLE STRIPS AT RAILROAD CROSSINGS
Of the foregoing appropriation item 776-665, Railroad Crossing Safety Devices, $1,000,000 in fiscal year 2004 shall be used by the Department of Transportation to fund competitive grants to political subdivisions for the cost of putting rumble strips at active railroad crossings without gates or lights. The maximum amount of a competitive grant is $50,000 for any single crossing. Each political subdivision with jurisdiction over a crossing may apply to the Department for a competitive grant for the costs of putting rumble strips at crossings. Those political subdivisions awarded grants shall install the rumble strips by December 1, 2004.
If rumble strips are not appropriate for a crossing, the Department may allow the political subdivision which is awarded the grant to use the funding for a safety device or technology more appropriate for the crossing.
The Department shall notify each political subdivision with jurisdiction over a crossing of the requirements of this section that funding is available for rumble strips at crossings and for other rail crossing safety improvements. The Department also shall notify associations representing political subdivisions of the availability of the funding.
The Department shall spend no more than five per cent of the appropriation item on Department administrative expenses.
The Department shall issue a report on or before June 30, 2005, describing the activities carried out by the Department to comply with the provisions of this section. The report shall include the number of crossings at which rumble strip installation was completed, the cost of each installation to date, the number of active crossings without gates or lights that still do not have rumble strips, and a geographic breakdown of where the crossings are that have and have not yet received rumble strips.
All appropriations in Fund 4A3, appropriation item 776-665, Railroad Crossing Safety Devices, remaining unencumbered on June 30, 2004, are hereby reappropriated for the same purpose in fiscal year 2005. The Department shall report all such appropriations to the Controlling Board.
Section 11.05. RENTAL PAYMENTS - OBA
The foregoing appropriation item 770-003, Administration -
State
- Debt Service, shall be used to pay rent to the Ohio
Building
Authority for various
capital facilities to be
constructed, reconstructed, or
rehabilitated
for the use of the
Department of Transportation, including the
department's plant and
facilities at its central office, field
districts, and county and
outpost locations. The rental payments
shall be made from
revenues received from the motor vehicle fuel
tax. The amounts of
any bonds and notes to finance such capital
facilities shall be at
the request of the Director of
Transportation. Notwithstanding
section 152.24 of the Revised
Code, the Ohio Building Authority
may, with approval of the
Office of Budget and Management, lease
capital facilities to the
Department of Transportation.
The Director of Transportation shall hold title to any land
purchased and any resulting structures that are attributable to
appropriation item 770-003. Notwithstanding section 152.18 of the
Revised
Code, the Director of Transportation shall administer any
purchase of
land and any contract for construction,
reconstruction, and
rehabilitation of facilities as a result of
this appropriation.
Should the appropriation and any reappropriations from prior
years in appropriation item 770-003 exceed the rental payments for
fiscal year
2004 or 2005, then prior to June 30, 2005, the balance
may be
transferred to appropriation item 772-421, 773-431, or
779-491.
Such transfer
may be made upon the written request of
the Director of Transportation and with
the approval of the
Director of Budget and Management. Transfers
shall be reported to
the Controlling Board at its next regularly
scheduled meeting.
Section 11.06. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS
The Director of Transportation may use revenues from the
state
motor
vehicle fuel tax to match approved federal grants
awarded to the
Department of
Transportation, regional transit
authorities, or eligible public
transportation
systems, for public
transportation highway purposes, or to
support local or
state
funded projects for public transportation highway purposes.
Public
transportation highway purposes include: the construction
or
repair of high-occupancy vehicle traffic lanes, the acquisition
or
construction of
park-and-ride facilities, the acquisition or
construction of
public
transportation vehicle loops, the
construction or repair of
bridges used by
public transportation
vehicles or that are the responsibility of
a regional
transit
authority or other public transportation system, or other
similar
construction that is designated as an eligible public
transportation highway
purpose. Motor vehicle fuel tax revenues
may not be used for operating
assistance or for the purchase of
vehicles, equipment, or maintenance
facilities.
Section 12. PAVEMENT-SELECTION PROCESS ANALYSIS
The Ohio Department of Transportation shall contract with a neutral third-party entity to conduct an analysis of the Department's pavement-selection process including but not limited to life cycle cost analysis; user delay; constructability and environment factors. The entity shall be an individual or an academic, research, or professional association with an expertise in pavement-selection processes. The entity shall have no financial interest in any pavement-selection decisions and shall not be a research center for concrete or asphalt pavement. The analysis shall compare and contrast the Department's pavement-selection process with those of other states and with model selection processes as described by the American Association of State Highway and Transportation Officials and the Federal Highway Administration.
The Department shall convene an advisory panel of interested parties to assist it in the selection of the neutral third-party entity and to prepare the scope of the study. The entity shall allow a comment period before issuing its final report. The report shall be concluded by October 31, 2003.
The Department shall make the changes to its pavement-selection process based on the recommendations included in the neutral third-party entity's report.
Section 13. DHS DEPARTMENT OF PUBLIC SAFETY
Highway Safety Information and EducationState Highway Safety Fund Group
036 |
761-321 |
|
Operating Expense - Information and Education |
|
$ |
2,900,702 |
|
$ |
3,030,054 |
036 |
761-402 |
|
Traffic Safety Match |
|
$ |
277,137 |
|
$ |
277,137 |
831 |
761-610 |
|
Information and Education - Federal |
|
$ |
468,982 |
|
$ |
468,982 |
83N |
761-611 |
|
Elementary School Seat Belt Program |
|
$ |
447,895 |
|
$ |
447,895 |
832 |
761-612 |
|
Traffic Safety-Federal |
|
$ |
16,577,565 |
|
$ |
16,577,565 |
844 |
761-613 |
|
Seat Belt Education Program |
|
$ |
463,760 |
|
$ |
482,095 |
846 |
761-625 |
|
Motorcycle Safety Education |
|
$ |
1,780,507 |
|
$ |
1,827,868 |
847 |
761-622 |
|
Film Production Reimbursement |
|
$ |
22,000 |
|
$ |
22,000 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
22,938,548 |
|
$ |
23,133,596 |
Agency Fund Group |
|
|
|
|
|
|
5J9 |
761-678 |
|
Federal Salvage/GSA |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL AGY Agency |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Safety Information |
|
|
|
|
|
|
and Education |
|
$ |
23,038,548 |
|
$ |
23,233,596 |
FEDERAL HIGHWAY SAFETY PROGRAM MATCH
The foregoing appropriation item 761-402, Traffic Safety
Match,
shall be used to provide the nonfederal portion of the
federal
Highway Safety Program. Upon request by the Director of
Public
Safety and approval by the Director of Budget and
Management,
appropriation item 761-402 shall be used to transfer
cash from
the Highway Safety Fund to the Traffic Safety
- Federal
Fund
(Fund 832) at the beginning of each fiscal year on
an
intrastate
transfer voucher.
Section 13.01. BUREAU OF MOTOR VEHICLES
State Special Revenue Fund Group
539 |
762-614 |
|
Motor Vehicle Dealers Board |
|
$ |
239,902 |
|
$ |
239,902 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
239,902 |
|
$ |
239,902 |
State Highway Safety Fund Group
4W4 |
762-321 |
|
Operating Expense-BMV |
|
$ |
73,385,912 |
|
$ |
70,152,893 |
4W4 |
762-410 |
|
Registrations Supplement |
|
$ |
34,588,363 |
|
$ |
32,480,610 |
5V1 |
762-682 |
|
License Plate Contributions |
|
$ |
2,388,568 |
|
$ |
2,388,568 |
83R |
762-639 |
|
Local Immobilization Reimbursement |
|
$ |
850,000 |
|
$ |
850,000 |
835 |
762-616 |
|
Financial Responsibility Compliance |
|
$ |
6,303,125 |
|
$ |
6,551,535 |
849 |
762-627 |
|
Automated Title Processing Board |
|
$ |
16,800,620 |
|
$ |
26,076,349 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
134,316,588 |
|
$ |
138,499,955 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Bureau of Motor Vehicles |
|
$ |
134,556,490 |
|
$ |
138,739,857 |
MOTOR VEHICLE REGISTRATION
The Registrar of Motor Vehicles may deposit
revenues to meet
the cash needs of the State Bureau of
Motor Vehicles Fund (Fund
4W4) established in section 4501.25 of
the Revised Code, obtained
pursuant to sections 4503.02 and
4504.02 of the Revised Code, less
all other available cash. Revenue deposited pursuant to this
section shall support, in part,
appropriations for operating
expenses and defray the cost of
manufacturing and distributing
license plates and license plate
stickers and enforcing the law
relative to the operation and
registration of motor vehicles.
Notwithstanding
section 4501.03 of the Revised Code, the revenues
shall be
paid into the State Bureau of Motor Vehicles Fund before
any
revenues obtained
pursuant to sections 4503.02 and 4504.02 of
the Revised Code are
paid into any other fund. The deposit of
revenues to meet the aforementioned
cash needs shall be in
approximate equal amounts on a monthly basis
or as otherwise
determined by the Director of Budget and Management
pursuant to a
plan submitted by the Registrar of Motor Vehicles.
The Registrar of Motor Vehicles may
transfer cash
from the
State Bureau of Motor Vehicles Fund (Fund 4W4) to the
State
Highway
Safety Fund (Fund 036) to meet its obligations for capital
projects CIR-047, Department of Public Safety Office Building,
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop.
TRANSFER OF FUNDS TO FUND 5V1
On July 1, 2003, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balances in the Collegiate, Football Hall of Fame, Ohio Casa/GAL, Rotary International, Pro Sports Teams, Boy Scouts, Girl Scouts, Eagle Scouts, FOP, FOP Associates, Ducks Unlimited, FFA, and Leader in Flight Funds to the License Plate Contribution Fund (Fund 5V1). The spending authority to honor encumberances established in the prior fiscal year is hereby appropriated.
Section 13.02. ENFORCEMENT
State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
1,775,667 |
|
$ |
1,779,664 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
208,447,118 |
|
$ |
217,516,933 |
036 |
764-605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
2,544,319 |
|
$ |
2,603,697 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Automated Data System |
|
$ |
6,425,009 |
|
$ |
7,111,198 |
83G |
764-633 |
|
OMVI Fines |
|
$ |
820,927 |
|
$ |
820,927 |
831 |
764-610 |
|
Patrol - Federal |
|
$ |
2,371,659 |
|
$ |
2,407,585 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
4,635,684 |
|
$ |
4,738,515 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
9,648,265 |
|
$ |
9,653,030 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
222,108 |
|
$ |
222,108 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,462,774 |
|
$ |
1,496,283 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
8,653,390 |
|
$ |
8,145,192 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
788,375 |
|
$ |
788,375 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,274,101 |
|
$ |
1,274,101 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
249,692,290 |
|
$ |
259,180,502 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
232,154 |
|
$ |
237,210 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
232,154 |
|
$ |
237,210 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
249,924,444 |
|
$ |
259,417,712 |
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division
(B)
of section 131.35 of the Revised Code, except for the General
Revenue
Fund, the Controlling Board may, upon the request of
either the
Director of Budget and Management, or the Department of
Public
Safety
with the approval of the Director of Budget and
Management,
increase
appropriations for any fund, as necessary for
the Department of
Public Safety, to assist in paying the costs of
increases in
employee
compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code.
Section 13.03. EMERGENCY MEDICAL SERVICES
State Highway Safety Fund Group
83M |
765-624 |
|
Operating Expenses - EMS |
|
$ |
2,519,883 |
|
$ |
2,587,627 |
83P |
765-637 |
|
EMS Grants |
|
$ |
5,836,744 |
|
$ |
5,836,744 |
831 |
765-610 |
|
EMS/Federal |
|
$ |
582,007 |
|
$ |
582,007 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
8,938,634 |
|
$ |
9,006,378 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Medical Services |
|
$ |
8,938,634 |
|
$ |
9,006,378 |
Section 13.04. INVESTIGATIVE UNIT
State Highway Safety Fund Group
831 |
767-610 |
|
Liquor Enforcement - Federal |
|
$ |
514,184 |
|
$ |
514,184 |
831 |
769-610 |
|
Food Stamp Trafficking Enforcement - Federal |
|
$ |
817,177 |
|
$ |
817,177 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
1,331,361 |
|
$ |
1,331,361 |
Liquor Control Fund Group
043 |
767-321 |
|
Liquor Enforcement - Operations |
|
$ |
9,644,288 |
|
$ |
9,825,597 |
TOTAL LCF Liquor Control Fund |
|
|
|
|
|
|
Group |
|
$ |
9,644,288 |
|
$ |
9,825,597 |
State Special Revenue Fund Group
622 |
767-615 |
|
Investigative Contraband and Forfeiture |
|
$ |
404,111 |
|
$ |
404,111 |
850 |
767-628 |
|
Investigative Unit Salvage |
|
$ |
120,000 |
|
$ |
120,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
524,111 |
|
$ |
524,111 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Special Enforcement |
|
$ |
11,499,760 |
|
$ |
11,681,069 |
LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS
EQUIPMENT
The Director of Public Safety, using intrastate transfer
vouchers, shall make cash transfers to the State Highway Safety
Fund (Fund 036) from other funds to reimburse the State Highway
Safety Fund for the share of lease rental payments to the Ohio
Building Authority that are associated with appropriation item
CAP-076, Investigative Unit MARCS Equipment.
Section 13.05. EMERGENCY MANAGEMENT
Federal Special Revenue Fund Group
3N5 |
763-644 |
|
U.S. DOE Agreement |
|
$ |
266,000 |
|
$ |
275,000 |
329 |
763-645 |
|
Individual/Family Grant - Fed |
|
$ |
303,504 |
|
$ |
303,504 |
337 |
763-609 |
|
Federal Disaster Relief |
|
$ |
5,000,000 |
|
$ |
3,000,000 |
339 |
763-647 |
|
Emergency Management Assistance and Training |
|
$ |
129,622,000 |
|
$ |
129,622,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
135,191,504 |
|
$ |
133,200,504 |
General Services Fund Group
4V3 |
763-662 |
|
EMA Service and Reimbursement |
|
$ |
696,446 |
|
$ |
696,446 |
533 |
763-601 |
|
State Disaster Relief |
|
$ |
7,500,000 |
|
$ |
7,500,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,196,446 |
|
$ |
8,196,446 |
State Special Revenue Fund Group
657 |
763-652 |
|
Utility Radiological Safety |
|
$ |
1,200,000 |
|
$ |
1,260,000 |
681 |
763-653 |
|
SARA Title III HAZMAT Planning |
|
$ |
264,510 |
|
$ |
271,510 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,464,510 |
|
$ |
1,531,510 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Management |
|
$ |
144,852,460 |
|
$ |
142,928,460 |
EMERGENCY MANAGEMENT ASSISTANCE AND TRAINING
Of the foregoing appropriation item 763-647, Emergency Management Assistance and Training, a minimum of 85 per cent of the federal grant moneys received shall be distributed to local governments for the purposes of acquiring homeland security equipment, training for essential first responders, and enhancing local government capabilities to plan, coordinate, and exercise emergency operation plans regarding weapons of mass destruction and other antiterrorism events. The remainder of the moneys shall be used by the Emergency Management Agency. If federal grant guidelines for the moneys received by this appropriation item require the amount of moneys to be used by the Emergency Management Agency or other state agencies for the purposes of homeland security to be higher than 15 per cent, or if federal grant guidelines prohibit use of the moneys for the aforementioned purposes, the Emergency Management Agency may alter the aforementioned local government portion of the moneys, with approval of the Controlling Board.
Prior to the release of moneys from appropriation item 763-647, Emergency Management Assistance and Training, the Controlling Board shall approve the use and distribution of the moneys.
SARA TITLE III HAZMAT PLANNING
The SARA Title III HAZMAT Planning Fund (Fund 681) shall
receive grant funds
from the Emergency Response Commission to
implement the Emergency Management
Agency's responsibilities under
Chapter 3750. of the Revised Code.
The foregoing appropriation item 763-601, State Disaster
Relief, may accept transfers of cash and appropriations from
Controlling Board appropriation items to reimburse eligible local
governments and private nonprofit organizations for costs related
to disasters that have been declared by local governments or the
Governor. The Ohio Emergency Management Agency shall publish and
make available an application packet outlining eligible items and
application procedures for entities requesting state disaster
relief.
Individuals may be eligible for reimbursement of costs
related to disasters that have been declared by the Governor and
the Small Business Administration. The funding in appropriation
item 763-601, State Disaster Relief, shall be used in accordance
with the principles of the federal Individual and Family Grant
Program, which provides grants to households that have been
affected by a disaster to replace basic living items. The Ohio
Emergency Management Agency shall publish and make available an
application procedure for individuals requesting assistance under
the state Individual Assistance Program.
EMA SERVICE AND REIMBURSEMENT FUND
On July 1, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balances in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement Fund (Fund 4V3), created in section 5502.39 of the Revised Code. Upon the completion of the transfer, notwithstanding any other provision of law to the contrary, the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are abolished. The director shall cancel any existing encumbrances against appropriation items 763-654, EMA Utility Payment, and 763-655, Salvage and Exchange-EMA, and reestablish them against appropriation item 763-662, EMA Service and Reimbursement. The amounts of the reestablished encumbrances are hereby appropriated.
Section 13.06. ADMINISTRATION
State Highway Safety Fund Group
036 |
766-321 |
|
Operating Expense - Administration |
|
$ |
4,346,226 |
|
$ |
4,461,836 |
830 |
761-603 |
|
Salvage and Exchange - Administration |
|
$ |
22,070 |
|
$ |
22,070 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
4,368,296 |
|
$ |
4,483,906 |
General Services Fund Group
4S3 |
766-661 |
|
Hilltop Utility Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
4,868,296 |
|
$ |
4,983,906 |
Section 13.07. DEBT SERVICE
State Highway Safety Fund Group
036 |
761-401 |
|
Lease Rental Payments |
|
$ |
11,676,700 |
|
$ |
13,663,200 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
11,676,700 |
|
$ |
13,663,200 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
11,676,700 |
|
$ |
13,663,200 |
OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS
The foregoing appropriation item 761-401, Lease Rental
Payments,
shall be used for payments to the Ohio Building
Authority for the
period July 1, 2003, to June 30, 2005, pursuant
to the primary
leases and agreements for buildings made under
Chapter 152.
of the Revised Code that are pledged for bond service
charges on
related obligations issued pursuant to Chapter 152. of
the
Revised Code. Notwithstanding section 152.24 of the Revised
Code, the Ohio Building Authority may, with approval of the
Director of Budget and Management, lease capital facilities to the
Department of Public Safety.
The Director of Public Safety shall determine, per an
agreement with the
Director of Transportation, the share of each
debt service payment made out of
appropriation item 761-401, Lease
Rental Payments, that relates to the
Department of
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the amounts
of this
share. The Director of Budget and Management shall
transfer such shares from
the Highway Operating Fund (Fund 002) to
the Highway Safety Fund (Fund 036).
Section 13.08. REVENUE DISTRIBUTION
Holding Account Redistribution Fund Group
R24 |
762-619 |
|
Unidentified Motor Vehicle Receipts |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
R27 |
764-608 |
|
Patrol Fee Refunds |
|
$ |
35,000 |
|
$ |
35,000 |
R52 |
762-623 |
|
Security Deposits |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Revenue Distribution |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL Department of Public Safety
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
433,262,417 |
|
$ |
449,298,898 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,228,523 |
|
$ |
2,295,523 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
9,644,288 |
|
$ |
9,825,597 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,928,600 |
|
$ |
8,933,656 |
TOTAL FED Federal Revenue Special |
|
|
|
|
|
|
Fund Group |
|
$ |
135,191,504 |
|
$ |
133,200,504 |
TOTAL AGY Agency Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
591,490,332 |
|
$ |
605,789,178 |
Section 13.09. CASH BALANCE FUND REVIEW
Not later than the first day of April in each fiscal year of
the biennium, the
Director of Budget and
Management shall review
the cash balances for each fund, except
the
State Highway Safety
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4) in the State Highway Safety
Fund Group, and shall
recommend to the Controlling Board an amount to be
transferred
to
the credit of the State Highway Safety Fund, or the Bureau of
Motor Vehicles Fund, as appropriate.
SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND
The Director of Budget and Management, pursuant to a plan submitted by the Department of Public Safety or as otherwise determined by the Director, shall set a cash transfer schedule totaling $140,137,500 in fiscal year 2004 and $94,359,250 in fiscal year 2005 from the Highway Operating Fund, established in section 5735.291 of the Revised Code, to the State Highway Safety Fund, established in section 4501.06 of the Revised Code. The director shall transfer the cash at such times as is determined by the transfer schedule.
MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND
The Director of Budget and Management shall transfer cash in equal monthly increments totaling $46,712,500 in fiscal year 2004 and $94,359,250 in fiscal year 2005 from the Highway Operating Fund, established in section 5735.291 of the Revised Code, to the Gasoline Excise Tax Fund established in division (A) of section 5735.27 of the Revised Code. The monthly amounts transferred pursuant to this section shall be distributed as follows: forty-two and eighty-six hundredths (42.86) per cent shall be distributed among the municipal corporations within the state in accordance with division (A)(2) of section 5735.27 of the Revised Code; thirty-seven and fourteen hundredths (37.14) per cent shall be distributed among the counties within the state in accordance with division (A)(3) of section 5735.27 of the Revised Code; and twenty (20) per cent shall be distributed among the townships within the state in accordance with division (A)(5) of section 5735.27 of the Revised Code.
Section 14. DEV DEPARTMENT OF DEVELOPMENT
State Special Revenue Fund Group
4W0 |
195-629 |
|
Roadwork Development |
|
$ |
12,699,900 |
|
$ |
12,699,900 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,699,900 |
|
$ |
12,699,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,699,900 |
|
$ |
12,699,900 |
ROADWORK DEVELOPMENT FUND
The Roadwork Development Fund shall be used for road
improvements associated
with economic development opportunities
that will retain or attract businesses
for Ohio.
"Road
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site.
The Department of Transportation, under the direction of the
Department of
Development, shall provide these funds in accordance
with all guidelines and
requirements established for Department of
Development appropriation item
195-412, Business
Development,
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 5a
of Article
XII, Ohio Constitution.
Should the Department of
Development require the
assistance of the Department of
Transportation to bring a project to
completion, the Department of
Transportation shall use the authority under
Title LV of the
Revised Code to provide such assistance and enter into
contracts
on behalf of the Department of Development. In addition, these
funds may be used in conjunction with appropriation item 195-412,
Business
Development, or any
other state funds appropriated for
infrastructure improvements.
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Development or as otherwise
determined by the Director of Budget and Management, shall set a
cash transfer schedule
to meet the cash needs of the Department of
Development's Roadwork Development Fund (Fund 4W0), less any other
available cash. The director
shall transfer to the Roadwork
Development Fund from the Highway Operating Fund (Fund 002),
established in section 5735.291 of the Revised Code, such amounts
at such times as determined by the transfer schedule.
TRANSPORTATION IMPROVEMENT DISTRICTS
Of the foregoing appropriation item 195-629, Roadwork Development, $250,000 in each fiscal year of the biennium shall be paid by the Director of Development to each of the transportation improvement districts of Butler, Hamilton, Medina, and Stark counties, as provided for in section 5540.151 of the Revised Code. The transportation improvement districts may use the payments for any purpose authorized under Chapter 5540. of the Revised Code, including administrative activities and the purchase of property and rights for the construction, maintenance, or operation of a project. These payments shall not be subject to the restrictions of appropriation item 195-629, Roadwork Development.
Section 15. PWC PUBLIC WORKS COMMISSION
Local Transportation Improvements Fund Group
052 |
150-402 |
|
LTIP - Operating |
|
$ |
291,946 |
|
$ |
298,441 |
052 |
150-701 |
|
Local Transportation Improvement Program |
|
$ |
67,500,000 |
|
$ |
67,500,000 |
TOTAL 052 Local Transportation |
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
67,791,946 |
|
$ |
67,798,441 |
Local Infrastructure Improvements Fund Group
038 |
150-321 |
|
SCIP - Operating Expenses |
|
$ |
884,239 |
|
$ |
906,324 |
TOTAL LIF Local Infrastructure
|
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
884,239 |
|
$ |
906,324 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
68,676,185 |
|
$ |
68,704,765 |
DISTRICT ADMINISTRATION COSTS
The Director of the Public Works Commission is authorized to
create a
District Administration Costs Program from interest earnings of the Capital Improvements
Fund and Local
Transportation Improvement Program Fund proceeds. This program shall be used to provide for administration
costs of the nineteen
public works districts for the direct costs of district
administration. Districts choosing to participate in this program
shall only expend Capital Improvements Fund moneys for Capital Improvements Fund costs and
Local
Transportation Improvement Program Fund moneys for Local Transportation Improvement
Program Fund costs. The account shall not exceed $760,000 per fiscal year. Each public works district may be eligible for up to
$40,000 per fiscal year from its district allocation as provided in sections
164.08 and 164.14 of the Revised Code.
The director, by rule, shall define allowable and
nonallowable
costs for the purpose of the District Administration
Costs
Program. Nonallowable costs include indirect costs,
elected
official salaries and benefits, and project-specific costs. No
district public works committee may participate in the District
Administration Costs Program without the approval of those costs
by the district public works committee pursuant to section 164.04
of
the Revised Code.
All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 052) in Sub. H.B. 73 of the
124th
General Assembly remaining unencumbered as of June 30, 2003,
are
reappropriated for use during the period July 1, 2003, through
June 30, 2004, for the same purpose.
Notwithstanding division (B) of section 127.14 of the Revised
Code, all capital appropriations and reappropriations from the
Local
Transportation Improvement Program Fund (Fund 052) in this
act
remaining unencumbered as of June 30, 2004, are reappropriated
for use during the period July 1, 2004, through June 30, 2005, for
the same purpose, subject to the availability of
revenue as
determined by the Director of the Public Works
Commission.
Section 16. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS
Law contained in the main operating appropriations act of the
125th General Assembly that is generally applicable to the
appropriations made in the main operating appropriations act also
is generally applicable to the appropriations made in this act.
Section 17. LEASE PAYMENTS TO OBA AND TREASURER
Certain appropriations are in this act for the purpose of
lease
payments to the Ohio
Building Authority or to the Treasurer
of State pursuant to leases and agreements relating to bonds or
notes issued by the Ohio Building Authority or
the Treasurer of
State
pursuant to the Ohio Constitution and acts of the
General
Assembly. If it is determined that additional
appropriations are
necessary for this purpose, such amounts are
hereby appropriated.
Section 18. In accordance with the Department of Transportation's existing schedule for reconstruction of Interstate Route 71, the Department shall add a third lane of travel in both the northbound and southbound lanes of Interstate Route 71, from one mile south of State Route 18 to the interchange with State Route 303.
Section 19. Notwithstanding section 5511.01 of the Revised Code, the Director of Transportation shall designate the road known as Rockside/Snow Road within Cuyahoga County as a state highway. The Director also may designate any additional connecting roads necessary to incorporate Rockside/Snow Road as part of the state highway system.
Section 20. Except as otherwise specifically provided in this
act, the codified sections of law amended or enacted in this act,
and the items of law of which the codified sections of law amended
or enacted in this act are composed, are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, the codified
sections of law amended or enacted by this act, and the items of
law of which the codified sections of law as amended or enacted by
this act are composed, take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such codified section of
law as amended or enacted by this act, or against any item of law
of which any such codified section of law as amended or enacted by
this act is composed, the codified section of law as amended or
enacted, or item of law, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 21. Sections 4501.21, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75, 4503.86, 5502.39, 5531.10, 5735.27, 5735.29, and 5735.291 of the Revised Code, as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such sections as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, go into immediate effect when this act becomes law.
Section 22. The repeal by this act of sections 4501.20, 4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39, 4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised Code is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such repeals go into immediate effect when this act becomes law.
Section 23. If the amendment or enactment in this act of a
codified section of law is subject to the referendum, the
corresponding indications in the amending, enacting, or existing
repeal clauses commanding the amendment or enactment also are
subject to the referendum, along with the amendment or enactment.
If the amendment, enactment, or repeal by this act of a
codified or uncodified section of law is not subject to the
referendum, the corresponding indications in the amending, enacting, or
repeal clauses commanding the amendment, enactment, or repeal also are not subject to the referendum, the same as the amendment, enactment,
or repeal.
Section 24. The items in the uncodified sections of law
contained in this act that appropriate money for the current
expenses of state government, earmark this class of
appropriations, or depend for their implementation upon an
appropriation for the current expenses of state government are not
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1d and section 1.471 of the Revised Code,
these items go into immediate effect when this act becomes law.
The items in the uncodified sections of law contained in this
act that appropriate money other than for the current expenses of
state government, earmark this class of appropriations, or do not
depend for their implementation upon an appropriation for the
current expenses of state government are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, these items take
effect on the ninety-first day after this act is filed with the
Secretary of State. If, however, a referendum petition is filed
against such an item, the item, unless rejected at the referendum,
takes effect at the earliest time permitted by law.
This section is not subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code, this section goes into immediate effect when
this act becomes law.
Section 25. Section 4503.10 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 94, S.B. 31, and Sub. S.B. 59, all of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 26. The version of section 4503.10 of the Revised Code that is scheduled to take effect January 1, 2004, is presented in
this act as a composite of the section as amended by both Sub. S.B. 59 and Am. Sub. S.B. 123 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 27. Section 4503.51 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 28. Section 4503.55 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 29. If any item of law that constitutes the whole or
part of a codified or uncodified section of law contained in this
act, or if any application of any item of law that constitutes the
whole or part of a codified or uncodified section of law contained
in this act, is held invalid, the invalidity does not affect other
items of law or applications of items of law that can be given
effect without the invalid item of law or application. To this
end, the items of law of which the codified and uncodified
sections contained in this act are composed, and their
applications, are independent and severable.