SENATORS Armbruster, Gardner, Mallory, Spada, Harris, Hagan, Wilson, Dann, Zurz, Roberts
A BILL
To amend sections 109.572, 122.14, 307.12, 315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06, 4501.21, 4501.26, 4503.02, 4503.103, 4503.26, 4503.40, 4503.42, 4504.02, 4504.15, 4504.16, 4504.18, 4505.021, 4505.031, 4505.032, 4505.06, 4505.08, 4506.01, 4506.03, 4506.05, 4506.08, 4506.09, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16, 4506.17, 4506.20, 4506.23, 4506.25, 4507.02, 4508.06, 4509.27, 4511.21, 4513.34, 4519.58, 4749.02, 4749.03, 4749.06, 4749.10, 5501.11, 5513.04, 5525.01, 5525.10, 5525.15, 5525.25, 5531.09, 5531.10, 5537.16, 5537.17, 5543.02, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29; to enact sections 4503.85 and 4508.10; and to repeal sections 4501.12, 4501.35, 4506.02, and 4506.26 of the Revised Code to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2005, and ending June 30, 2007, and to provide authorization and conditions for the operation of those programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 109.572, 122.14, 307.12, 315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06, 4501.21, 4501.26, 4503.02, 4503.103, 4503.26, 4503.40, 4503.42, 4504.02, 4504.15, 4505.16, 4504.18, 4505.021, 4505.031, 4505.032, 4505.06, 4505.08, 4506.01, 4506.03, 4506.05, 4506.08, 4506.09, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16, 4506.17, 4506.20, 4506.23, 4506.25, 4507.02, 4508.06, 4509.27, 4511.21, 4513.34, 4519.58, 4749.02, 4749.03, 4749.06, 4749.10, 5501.11, 5513.04, 5525.01, 5525.10, 5525.15, 5525.25, 5531.09, 5531.10, 5537.16, 5537.17, 5543.02, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29 be amended and sections 4503.85 and 4508.10 of the Revised Code
be enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request
previously has been
convicted of or pleaded guilty to any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.
(8) On a request pursuant to section 2151.86 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(8)(a) of this section.
(9) When conducting a criminal records check on a request pursuant to section 5104.013 of the Revised Code for a person who is an owner, licensee, or administrator of a child day-care center or type A family day-care home or an authorized provider of a certified type B family day-care home, the superintendent, in addition to the determination made under division (A)(1) of this section, shall determine whether any information exists that indicates that the person has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(9)(a) of this section.
(10) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. The superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.
(11) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), (8), or (9), or (10) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), or (9), or (10) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (6) of this section.
(B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method.
(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), or (A)(9)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code.
(3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(5) "Older adult" means a person age sixty or older.
Sec. 122.14. There is hereby created in the state treasury the roadwork
development fund. The fund shall consist of the investment earnings of the security deposit fund created by section 4509.27 of the Revised Code and revenue transferred to it by the
director of budget and management from the highway operating fund created in
section 5735.291 of the Revised Code and. The fund shall be used by the department of
development in accordance with Section 5a of Article XII, Ohio Constitution,
to make road improvements associated with retaining or attracting business for
this state. All investment earnings of the fund shall be credited to the
fund.
Sec. 307.12. (A) Except as otherwise provided in
divisions
(D),
(E), and (G) of this section, when the board of
county
commissioners
finds, by resolution, that the county has
personal
property,
including motor vehicles acquired for the use
of county
officers
and departments, and road machinery, equipment,
tools, or
supplies, which is not needed for public use, is
obsolete, or is
unfit for the use for which it was acquired, and when
the fair
market value of the property to be sold
or donated under
this
division is, in
the opinion
of the board, in excess of two
thousand five hundred
dollars, the board
may do either of the
following:
(1) Sell
the property at public auction or by sealed
bid to
the highest
bidder. Notice of the time, place, and
manner
of the
sale shall
be published in a newspaper of general
circulation in
the county at least ten days prior to the
sale, and
a typewritten
or printed notice of the time, place, and
manner of
the sale shall
be posted at least ten days before the sale in the
offices of the
county auditor and the board of county
commissioners.
If a board conducts a sale of
property by sealed
bid, the
form of the bid shall be as prescribed by the board, and
each bid
shall contain the name of the person submitting it. Bids
received
shall be opened and tabulated at the time stated in
the
notice.
The property shall be sold to the highest bidder,
except
that the
board may reject all bids and hold another sale,
by
public auction
or sealed bid, in the manner prescribed by this
section.
(2) Donate any motor vehicle that does not exceed four
thousand five hundred
dollars in value to a nonprofit organization
exempt from federal income
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3) for the purpose of meeting
the transportation needs of
participants in the Ohio works first program
established under
Chapter 5107. of the Revised Code and participants in the
prevention, retention, and contingency program established under
Chapter 5108.
of the Revised Code.
(B) When the board of county commissioners finds, by
resolution, that the
county has personal property, including motor
vehicles acquired for the use of
county officers and departments,
and road machinery, equipment, tools, or
supplies, which is not
needed for public use, is obsolete, or is unfit
for the use for
which it was acquired, and when the fair market value of the
property to be sold
or donated under this division is, in the
opinion of the
board, two
thousand five hundred dollars or less,
the board may
do either of the following:
(1) Sell the property by
private sale, without advertisement
or public
notification;
(2) Donate the property to an eligible nonprofit
organization that is located in this state and is exempt from federal income taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating any property under this
division, the board shall adopt a resolution expressing its intent
to make unneeded, obsolete, or unfit-for-use county personal
property available to these organizations. The resolution shall
include guidelines and procedures the board considers necessary to implement a donation program under this division and
shall indicate whether the county will conduct the donation program or the board will contract with a
representative to conduct it. If a representative is known when
the resolution is adopted, the resolution shall provide contact
information such as the representative's name, address, and
telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization that is located in this state and is
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of the organization's primary purpose; a
description of the type or types of property the organization
needs; and the name, address, and telephone number of a person
designated by the organization's governing board to receive
donated property and to serve as its agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the county, notice of its
intent to donate unneeded, obsolete, or unfit-for-use county
personal property to eligible nonprofit organizations. The notice
shall include a summary of the information provided in the
resolution and shall be published at least twice. The second and
any subsequent notice shall be published not less than ten nor
more than twenty days after the previous notice. A similar notice
also shall be posted continually in a conspicuous place in the
offices of the county auditor and the board of county
commissioners, and, if the county maintains a web site on the
internet, the notice shall be posted continually at that web site.
The board or its representative shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in this section and in
the donation program's guidelines and procedures, to receive
donated property.
The board or its representatives also shall maintain a list
of all county personal property the board finds to be unneeded,
obsolete, or unfit for use and to be available for donation under
this division. The list shall be posted continually in a
conspicuous location in the offices of the county auditor and the
board of county commissioners, and, if the county maintains a web
site on the internet, the list shall be posted continually at that
web site. An item of property on the list shall be donated to the
eligible nonprofit organization that first declares to the board
or its representative its desire to obtain the item unless the
board previously has established, by resolution, a list of
eligible nonprofit organizations that shall be given priority with
respect to the item's donation. Priority may be given on the
basis that the purposes of a nonprofit organization have a direct
relationship to specific public purposes of programs provided or
administered by the board. A resolution giving priority to
certain nonprofit organizations with respect to the donation of an
item of property shall specify the reasons why the organizations
are given that priority.
(C) Members of the board of county commissioners shall consult with the Ohio ethics commission, and comply with the provisions of Chapters 102. and 2921. of the Revised Code, with respect to any sale or donation under division (A) or (B) of this section to a nonprofit organization of which a county commissioner, any member of the county commissioner's family, or any business associate of the county commissioner is a trustee, officer, board member, or employee.
(D) Notwithstanding
anything to the contrary in
division
(A), (B),
or
(E) of this section and
regardless of the
property's value, the
board
of county commissioners may sell or
donate
county
personal
property, including motor
vehicles,
to
the
federal
government, the state, or
any political
subdivision of
the
state
without advertisement or
public
notification.
(E)
Notwithstanding anything to the contrary in division
(A),
(B), or
(G) of this section and regardless of the
property's
value, the board of county commissioners may sell
personal
property, including motor vehicles acquired for the use
of county
officers and departments, and road machinery, equipment,
tools, or
supplies, which is not needed for public use, is
obsolete, or is
unfit for the use for which it was acquired, by
internet auction.
The board shall adopt, during each calendar
year, a resolution
expressing its intent to sell that property by
internet auction.
The resolution shall include a description of
how the auctions
will be conducted and shall specify the number of
days for bidding
on the property, which shall be no less than
fifteen days,
including
Saturdays, Sundays, and legal holidays.
The resolution
shall
indicate whether the county will conduct the
auction or the
board will contract with a representative to
conduct the auction
and shall establish the general terms and
conditions of sale. If
a representative is known when
the
resolution is adopted, the
resolution shall provide contact
information such as the
representative's name, address, and
telephone
number.
After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the
county, notice of
its
intent to sell unneeded, obsolete, or unfit-for-use county
personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A similar notice also shall be posted
continually throughout the calendar year in a conspicuous place in
the offices of the county auditor and the board of county
commissioners, and, if the county maintains a
web site on
the
internet, the notice shall be posted continually throughout
the
calendar year at that
web site.
When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative.
(F) When a county
officer or department head determines
that
county-owned personal
property under the jurisdiction
of the
officer or department head,
including motor vehicles, road
machinery, equipment, tools, or
supplies, is not of immediate
need, the county
officer or
department head may notify the board
of county
commissioners,
and
the board may lease
that
personal
property to any municipal
corporation, township, or other
political subdivision of the
state.
The
lease shall require
the
county to be reimbursed
under terms, conditions, and
fees
established by the board, or under
contracts
executed by the
board.
(G) If the board
of county commissioners finds,
by
resolution, that the county
has vehicles, equipment, or
machinery
which is not needed, or is
unfit for public use, and the
board
desires to sell
the
vehicles, equipment, or machinery
to the
person or firm from
which it proposes to purchase other
vehicles,
equipment, or
machinery, the board may offer to sell the
vehicles,
equipment,
or machinery to
that person or firm, and
to have
the
selling
price credited to the person or firm
against the purchase
price
of other vehicles, equipment, or
machinery.
(H) If the board
of county commissioners
advertises for
bids
for the sale of
new vehicles, equipment, or
machinery to the
county, it may
include in the same advertisement
a notice of the
willingness of
the board to accept bids for
the purchase of
county-owned
vehicles, equipment, or machinery
which is obsolete
or not needed
for public use, and to have the
amount of
those
bids subtracted
from the selling price of the
other vehicles,
equipment, or
machinery as a means of determining
the lowest
responsible
bidder.
(I) If a board of county commissioners determines that
county personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property.
(J) A county engineer, in the engineer's discretion, may dispose of scrap construction materials on such terms as the engineer determines reasonable, including disposal without recovery of costs, if the total value of the materials does not exceed twenty-five thousand dollars. The engineer shall maintain records of all dispositions made under this division, including identification of the origin of the materials, the final disposition, and copies of all receipts resulting from the dispositions.
As used in division (I) of this section, "scrap construction materials" means construction materials that result from a road or bridge improvement, remain after the improvement is completed, and are not reusable. Construction material that is metal and that results from a road or bridge improvement and remains after the improvement is completed is scrap construction material only if it cannot be used in any other road or bridge improvement or other project in its current state.
Sec. 315.08. The county engineer shall perform for the county all duties
authorized or declared by law to be done by a registered professional engineer
or registered surveyor, except those duties described in sections 307.37 and 307.38 and Chapters 343., 6103.,
and 6117. of the Revised Code. He The engineer shall prepare
all plans, specifications,
details, estimates of cost, and submit forms of contracts for the
construction, maintenance, and repair of all bridges, culverts, roads, drains,
ditches, roads on county fairgrounds, and other public improvements, except
buildings, constructed under the authority of any board within and for the
county. The engineer shall not be required to prepare plans, specifications,
details, estimates of costs, or forms of contracts for emergency repairs
authorized under section 315.13 of the Revised Code, unless he deems the
engineer determines them
necessary.
Sec. 315.14. The county engineer shall be responsible for
the inspection of all public improvements made under authority of
the board of county commissioners. The engineer shall keep
in
suitable
books a complete record of all estimates and summaries of
bids
received and contracts for the various improvements, together
with the record of all estimates made for payments on that
work.
The engineer shall make all surveys required by law, shall
perform all
necessary services to be performed by a registered
surveyor or
registered professional engineer in connection with
the
construction, repair, or opening of all county roads or
ditches
constructed under the authority of the board, and shall
perform
other duties as the board requires, provided that the
duties
described in sections 307.37 and 307.38 and Chapters 343., 6103., and 6117. of the Revised
Code
shall be performed only pursuant to an agreement between the
county engineer and the board; an. An agreement of that type may
provide
for the county engineer's performance of duties described
in one or more of
those sections or chapters, and may provide for the county
engineer's performance of all
duties imposed upon a county
sanitary engineer under Chapters 6103.
and 6117. of the Revised
Code or only the duties imposed
upon a county sanitary engineer
under Chapter 6117. of the
Revised Code in relation to drainage.
The board shall
determine the
compensation for performance of the
relevant duties described in sections 307.37 and 307.38 and
Chapters
343., 6103., and 6117. of
the Revised Code and shall pay the
county engineer from funds
available under the applicable section or
chapter or chapters or from
the
general fund of the county. The performance of the relevant
duties
described in sections 307.37 and 307.38 and Chapters 343., 6103., and 6117. of the Revised
Code
shall not constitute engaging in the private practice of
engineering or surveying.
Sec. 315.18. On the application of any person producing to
the county
engineer a certificate from the proper officer,
such
the engineer or
his
the engineer's deputy
shall
may survey all
lands
which
that have been sold for taxes, which lie within
his
the engineer's county. When a portion of any land or lot
has been
sold for taxes, and, after
such
the sale and before a survey
thereof
of the land or lot,
such
the land or lot is set off to another
county by the erection of a new county or change of county lines,
the engineer
of the county in which the sale was made
shall
may
make the survey, and the county
auditor of the same county shall
make the deed.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, veterans' home
police
officer appointed under section 5907.02 of the Revised Code,
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code, or a special police
officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, that has
scheduled operations, as defined in section 119.3 of Title 14 of
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended, shall
arrest and detain,
until a
warrant can be obtained, a
person found violating, within
the
limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
veterans' home operated under Chapter 5907. of the Revised Code,
port authority, or municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or elected, a law of this state,
an ordinance
of a municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall arrest and detain,
until a warrant can be obtained, a person
found violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arms's or assistant sergeant at
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised Code or
while providing security pursuant to division
(D)(1)(f)
of section 101.311 of the Revised Code, a
law of this
state, an ordinance of a municipal corporation, or a resolution of
a township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
veterans' home operated under Chapter 5907. of the Revised Code,
port authority, or
municipal airport or other municipal air navigation facility, in
which the peace
officer is appointed, employed, or
elected or
within the limits of the territorial jurisdiction of the peace
officer, a peace officer described in division
(A) of this section
may arrest and detain until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace officer has
reasonable grounds to believe that the offense
of domestic
violence or the offense of violating a protection
order has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this section which family or
household member is the primary
physical aggressor in a situation
in which family or household
members have committed the offense
of domestic violence or the
offense of violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to section 2933.43 of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section
2933.43 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a) to (g) of
this section, a peace officer described in
division
(A) of this section arrests and detains a person
pursuant
to division (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of this
section, a peace officer described in division
(A) of
this section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1), (2), or (3), (4), or (5) of section 4506.15 or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, peace officer
of the department of
natural
resources, individual designated to
perform law
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of
the Revised Code, the house
sergeant at arms if the
house sergeant
at arms has arrest authority pursuant
to division
(E)(1) of
section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this
section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project,
regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to section 4510.036 of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013 of the Revised Code, a forest officer designated
pursuant
to section 1503.29 of the Revised Code, a preserve officer designated
pursuant to
section 1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to section
1541.10 of the Revised Code, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
Sec. 4501.04. All moneys paid into the auto registration
distribution fund under section 4501.03 of the Revised Code,
except moneys received under sections section 4504.09 of the
Revised Code and moneys received under section 4503.02 of the
Revised Code in accordance with section 4501.13 of the Revised
Code, and except moneys paid for costs of audits under section
4501.03 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, that 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 distributed as
follows:
(A) Thirty-four per cent of all such moneys are for the
use of the municipal corporation or county which constitutes the
district of registration. The portion of such money due to the
municipal corporation shall be paid into its treasury forthwith
upon receipt by the county auditor, and 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 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 or incurred pursuant to section 5531.09 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.
The county portion of such funds shall be retained in the
county treasury and shall be used for the planning, maintenance,
repair, construction, and repaving of public streets, and
maintaining and repairing bridges and viaducts; the payment of
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 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 for no other purpose.
(B) Five per cent of all such moneys, together with
interest earned by the treasurer of state as provided in section
4501.03 of the Revised Code, shall constitute a fund for the use
of the several counties for the purposes specified in division
(C) of this section. The moneys shall be divided equally among
all the counties in the state and shall be paid out by the
registrar of motor vehicles in equal proportions to the county
auditor of each county within the state.
(C) Forty-seven per cent of all such moneys shall be for
the use of the county in which the owner resides or in which the
place is located at which the established business or branch
business in connection with which the motor vehicle registered is
used, for the planning, construction, reconstruction,
improvement, maintenance, and repair of roads and highways;
maintaining and repairing bridges and viaducts; and the payment
of principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code
or incurred pursuant to section 5531.09 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.
(D) Nine per cent of all such moneys shall be for the use
of the several counties for the purposes specified in division
(C) of this section and shall be distributed to the several
counties in the ratio which the total number of miles of county
roads under the jurisdiction of each board of county
commissioners in each county bears to the total number of miles
of county roads in the state, as determined by the director of
transportation. Before such distribution is made each board of
county commissioners shall certify in writing to the director the
actual number of miles under its statutory jurisdiction which are
used by and maintained for the public.
(E) Five per cent of all such moneys shall be for the use
of the several townships and shall be distributed to the several
townships in the ratio which the total number of miles of
township roads under the jurisdiction of each board of township
trustees in each township bears to the total number of miles of
township roads in the state, as determined by the director of
transportation. Before such distribution is made each board of
township trustees shall certify in writing to the director the
actual number of miles under its statutory jurisdiction which are
used by and maintained for the public.
Sec. 4501.06. The taxes, fees, and fines levied, charged,
or referred to in division (C)(1) of section 4503.10, division (D) of section 4503.182, division (A) of section 4508.06, and sections 4505.11, 4505.111,
4506.08, 4506.09, 4507.23, 4508.05, 4923.12, and
5502.12 of the Revised Code, unless otherwise designated by law,
shall be deposited in the state treasury to the credit of the
state highway safety fund, which is hereby created, and shall,
after receipt of certifications from the commissioners of the
sinking fund certifying, as required by sections 5528.15 and
5528.35 of the Revised Code, that 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, be used for the purpose of enforcing and paying
the expenses of administering the law relative to the
registration and operation of motor vehicles on the public roads
or highways. Amounts credited to
the fund may also be used to pay the expenses
of administering and enforcing the laws under which such fees
were collected. All investment earnings of the state highway
safety fund shall be credited to the fund.
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 4503.491, 4503.50, 4503.501, 4503.502, 4503.51, 4503.522, 4503.545, 4503.55, 4503.551, 4503.552, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.74, and 4503.75, and 4503.85 of the Revised Code.
(B) The registrar shall disburse pay the contributions the registrar collects in the fund as follows:
(1) The registrar shall pay the contributions received pursuant to section 4503.491 of the Revised Code to the breast cancer fund of Ohio, which shall use that money only to pay for programs that provide assistance and education to Ohio breast cancer patients and that improve access for such patients to quality health care and clinical trials and shall not use any of the money for abortion information, counseling, services, or other abortion-related activities.
(2) 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.
(3) The registrar shall pay the contributions the registrar receives pursuant to section 4503.501 of the Revised Code to the 4-H youth development program of the Ohio state university extension program, which shall use those contributions to pay the expenses it incurs in conducting its educational activities.
(4) The registrar shall pay the contributions received pursuant to section 4503.502 of the Revised Code to the Ohio cattlemen's foundation, which shall use those contributions for scholarships and other educational activities.
(5) 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.
(6) The registrar shall pay the contributions the registrar receives pursuant to section 4503.522 of the Revised Code to the "friends of Perry's victory and international peace memorial, incorporated," a nonprofit corporation organized under the laws of this state, to assist that organization in paying the expenses it incurs in sponsoring or holding charitable, educational, and cultural events at the monument.
(7) 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.
(8) The registrar shall pay the contributions that are paid to the registrar pursuant to section 4503.545 of the Revised Code to the national rifle association
foundation, which shall use the money to pay the costs of the
educational activities and programs the foundation holds or
sponsors in this state.
(9) In accordance with section 955.202 of the Revised Code, the registrar shall pay to the pets program funding board created by that section the contributions the registrar receives pursuant to section 4503.551 of the Revised Code and any other money from any other source, including donations, gifts, and grants, that is designated by the source to be paid to the pets program funding board. The board shall use the moneys it receives under this section only to support programs for the sterilization of dogs and cats and for educational programs concerning the proper veterinary care of those animals.
(10) The registrar shall pay the contributions the registrar receives pursuant to section 4503.552 of the Revised Code to the rock and roll hall of fame and museum, incorporated.
(11) 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)(11) of this section.
(12) The registrar shall pay the contributions the registrar receives pursuant to section 4503.562 of the Revised Code to the Mahoning river consortium, which shall use the money to pay the expenses it incurs in restoring and maintaining the Mahoning river watershed.
(13)(a) The registrar shall pay to a sports commission created pursuant to section 4503.591 of the Revised Code each contribution the registrar receives under that section 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 pursuant to division (E) of that section, irrespective of the county of residence of an applicant.
(b) The registrar shall pay to a community charity 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 that is participating in the license plate program pursuant to division (G) of that section.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) The registrar shall pay the contributions the registrar receives pursuant to section 4503.72 of the Revised Code to the organization known on March 31, 2003, 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.
(20) 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.
(21) The registrar shall pay the contributions the registrar receives pursuant to section 4503.74 of the Revised Code to the Columbus zoological park
association, which shall disburse the moneys to Ohio's major
metropolitan zoos, as defined in section 4503.74 of the Revised
Code, in accordance with a written agreement entered into by the
major metropolitan zoos.
(22) The registrar shall pay the contributions the registrar receives pursuant to section 4503.75 of the Revised Code to the rotary foundation, located on March 31, 2003, 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.
(23) The registrar shall pay the contributions the registrar receives pursuant to section 4503.85 of the Revised Code to the Ohio sea grant college program to be used for Lake Erie area research projects.
(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 (22)(23) 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. 4501.26. The unidentified motor vehicle public safety receipts fund is hereby created
in the state treasury. The fund shall consist of money received by the bureau
of motor vehicles department of public safety that is provisional in nature or for which proper
identification or disposition cannot immediately be determined. Refunds and
other disbursements from the fund shall be made once proper identification and
disposition is determined. All investment earnings of the fund shall be
credited to the fund.
Sec. 4503.02. An annual license tax is hereby levied upon
the operation of motor vehicles on the public roads or highways,
for the purpose of enforcing and paying the expense of
administering the law relative to the registration and operation
of such vehicles; planning, constructing, maintaining, and
repairing public roads, highways, and streets; maintaining and
repairing bridges and viaducts; paying the counties' proportion
of the cost and expenses of cooperating with the department of
transportation in the planning, improvement, and construction of
state highways; paying the counties' portion of the compensation,
damages, cost, and expenses of planning, constructing,
reconstructing, improving, maintaining, and repairing roads;
paying the principal, interest, and charges on county bonds and
other obligations issued pursuant to Chapter 133. of the Revised
Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; for the purpose of providing motorcycle safety
and education instruction; enabling municipal corporations to plan, construct,
reconstruct, repave, widen, maintain, repair, clear, and clean public
highways, roads, and streets; paying the principal, interest, and other
charges on municipal bonds and other obligations issued pursuant to Chapter 133. of the Revised Code
or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; 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 supplement
revenue already available for such purposes; to pay the interest, principal,
and charges on bonds and other obligations issued pursuant to Section 2i of
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the
Revised Code. Such tax shall be at the rates specified in sections 4503.04
and 4503.042 of the Revised Code. Under section 4503.04 of the Revised Code,
the tax shall be paid to and collected by the registrar of motor vehicles
or deputy registrar at the time of making application for
registration. Under section 4503.042 of the Revised Code, the
tax shall be paid to and collected by the registrar at the time
and manner set forth by him the registrar by rule.
Sec. 4503.103. (A)(1)(a)(i) 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 one
or
more
motor vehicles 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.
(ii) The registrar shall adopt rules to permit any person or lessee who owns or leases two or more trailers or semitrailers that are subject to the tax rates prescribed in section 4503.042 of the Revised Code for such trailers or semitrailers to file a written application for registration for not more than five succeeding registration years. At the time of application, all annual taxes and fees shall be paid for each year for which the person is registering.
(b)(i) Except as provided in division (A)(1)(b)(ii) of this section, the registrar
shall adopt rules to permit any
person 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 for each year of registration the additional fee established under division (C)(1) of section 4503.10 of the Revised Code. The person shall also pay one and one-half times the amount of the deputy registrar service fee specified in division (D) of section 4503.10 of the Revised Code or the bureau of motor vehicles service fee specified in division (G) of that section, as applicable.
(ii) Division (A)(1)(b)(i) of this section does not apply to a person receiving an apportioned license plate under the international registration plan, or the owner of a commercial car used solely in intrastate commerce, or the owner of a bus as defined in section 4513.50 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. 4503.26. As used in this section, "registration
information" means information in license plate applications on
file with the bureau of motor vehicles.
The director of public safety may advertise for and accept
sealed bids for the preparation of lists containing registration
information in such form as the director authorizes. Where
the expenditure
is more than five hundred dollars, the director shall give notice
to bidders as provided in section 5513.01 of the Revised Code as
for purchases by the department of transportation. The notice
shall include the latest date, as determined by the director, on
which bids will be accepted and the date, also determined by the
director, on which bids will be opened by the director at the
central office of the department of public safety. The
contract to prepare the list shall be awarded to the lowest
responsive and responsible bidder, in accordance with section
9.312 of the Revised Code, provided there is compliance with the
specifications. Such contract shall not extend beyond
twenty-four consecutive registration periods as provided in
section 4503.101 of the Revised Code. The successful bidder
shall furnish without charge a complete list to the bureau of
motor vehicles, and shall also furnish without charge to the
county sheriffs or chiefs of police in cities, at such times and
in such manner as the director determines necessary, lists of
registration information for the county in which they are
situated. The registrar shall provide to the successful bidder
all necessary information for the preparation of such lists.
The registrar may, upon application of any person and
payment of the proper fee, search the records of the bureau and
make reports thereof, and make photographic copies of the bureau
records and attestations thereof.
Fees therefor are as follows:
(A) For searches of the records and written reports
thereof, one dollar and fifty cents two dollars for each name, number, or
fact searched or reported on.;
(B) For photographic copies of records and attestations
thereof, under the signature and seal of the registrar, two
dollars a copy. Such copy is prima-facie evidence of the facts
therein stated, in any court.
The registrar shall receive these fees and deposit them into the
state treasury to the credit of the
state bureau of motor vehicles
safety fund established in section 4501.25 of the Revised Code.
Sec. 4503.40. The registrar of motor vehicles shall be
allowed a fee, not to exceed ten dollars, for each application
received by the registrar for special state reserved license
plate numbers
and the issuing of such licenses, and validation stickers, in the
several series as the registrar may designate. The fee shall
be in addition
to the license tax established by this chapter and, where
applicable, Chapter 4504. of the Revised Code. Seven dollars and
fifty cents of the fee shall be for the purpose of compensating
the bureau of motor vehicles for additional services required in
the issuing of such licenses, and the remaining two dollars and
fifty cents shall be transmitted deposited by the registrar to the
treasurer of state for deposit in the highway operating into the state treasury to the credit of the state highway safety fund created
by section 5735.291 4501.06 of the Revised Code. The types of motor
vehicles for which special state reserved license plates may be
issued in accordance with this section shall include at least
motorcycles, buses, passenger cars, and noncommercial motor
vehicles.
Sec. 4503.42. The registrar of motor vehicles shall be
allowed a fee of not to exceed thirty-five dollars, which shall
be in addition to the regular license fee for tags as prescribed
under section 4503.04 of the Revised Code and any tax levied
under section 4504.02 or 4504.06 of the Revised Code, for each
application received by the registrar for special reserved
license plate numbers containing more than three letters or numerals, and the
issuing of such licenses and validation stickers in the several series as
the registrar may designate. Five dollars of the fee shall
be for the purpose of compensating the bureau of motor vehicles for additional
services required in the issuing of such licenses and validation stickers, and
the remaining thirty dollars shall be transmitted deposited by the registrar to the
treasurer of state for deposit in the highway operating into the state treasury to the credit of the state highway safety fund created by
section 5735.291 4501.06 of the Revised Code.
This section does not apply to the issuance of reserved
license plates as authorized by sections 4503.14, 4503.15, and
4503.40 of the Revised Code. The types of motor vehicles for
which license plate numbers containing more than three letters or
numerals may be issued
in accordance with this section shall include at least
buses, passenger cars, and noncommercial motor vehicles.
Sec. 4503.85. (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
"Fish Lake Erie" license plates. The application
for "Fish Lake Erie"
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, a
set of "Fish Lake Erie" license plates,
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
on the
license plates, "Fish Lake Erie" license
plates
shall be
inscribed with identifying words or markings designed by the Ohio sea grant college program and
approved by
the
registrar. "Fish Lake Erie" license plates shall
bear
county identification stickers that identify the county of
registration by name or number.
(B) "Fish Lake Erie" license plates and a
validation
sticker or, when applicable, a validation sticker alone
shall be
issued upon receipt of an application for registration of
a motor
vehicle submitted under this section and a contribution as
provided in division (C) of this section, 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, and
an
additional fee of ten dollars, and
compliance with all other applicable laws
relating to the
registration of motor vehicles. If the application for "Fish Lake Erie" 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
or
validation sticker alone shall be issued upon payment
of the fees
and taxes
referred to or established in this division
plus the
additional fee prescribed in section 4503.40 or 4503.42
of the
Revised Code.
(C) For each application for registration and registration
renewal that the registrar receives under this section, the
registrar
shall collect a contribution of fifteen dollars. The
registrar
shall deposit this contribution into the state treasury to the credit of the license
plate contribution
fund
created in section 4501.21 of the Revised Code.
The additional fee of ten dollars described in division (B)
of
this section shall be for the purpose of compensating the
bureau of motor
vehicles for additional services required in
issuing
license plates under this section. The registrar shall
deposit that fee 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. 4504.02. For the purpose of paying the costs of
enforcing and administering the tax provided for in this section;
and for planning, constructing, improving, maintaining, and
repairing public roads, highways, and streets; maintaining and
repairing bridges and viaducts; paying the county's portion of
the
costs and expenses of cooperating with the department of
transportation in the planning, improvement, and construction of
state highways; paying the county's portion of the compensation,
damages, cost, and expenses of planning, constructing,
reconstructing, improving, maintaining, and repairing roads;
paying any costs apportioned to the county under section 4907.47
of the Revised Code; paying debt service charges on notes or
bonds
of the county issued for such purposes; paying all or part
of the
costs and expenses of municipal corporations in planning,
constructing, reconstructing, improving, maintaining, and
repairing highways, roads, and streets designated as necessary or
conducive to the orderly and efficient flow of traffic within and
through the county pursuant to section 4504.03 of the Revised
Code; purchasing, erecting, and maintaining street and traffic
signs and markers; purchasing, erecting, and maintaining traffic
lights and signals; and to supplement revenue already available
for such purposes, any county by resolution adopted by its board
of county commissioners may levy an annual license tax, in
addition to the tax levied by sections 4503.02, 4503.07, and
4503.18 of the Revised Code, upon the operation of motor vehicles
on the public roads or highways. Such tax shall be at the rate
of
five dollars per motor vehicle on all motor vehicles the
district
of registration of which, as defined in section 4503.10
of the
Revised Code, is located in the county levying the tax and
shall
be in addition to the taxes at the rates specified in
sections
4503.04 and 4503.16 of the Revised Code, subject to
reductions in
the manner provided in section 4503.11 of the
Revised Code and the
exemptions provided in sections 4503.16,
4503.17, 4503.171,
4503.173, 4503.41,
and 4503.43, and 4503.46 of
the Revised Code.
Prior to the adoption of any resolution levying a county
motor vehicle license tax under this section, the board of county commissioners
shall
conduct two public hearings thereon, the second hearing to
be not
less than three nor more than ten days after the first.
Notice of
the date, time, and place of such hearings shall be
given by
publication in a newspaper of general circulation in the
county
once a week on the same day of the week for two
consecutive weeks,
the second publication being not less than ten
nor more than
thirty days prior to the first hearing.
No resolution levying a county motor vehicle license tax under this section
shall become effective sooner than thirty days following its
adoption, and such resolution is subject to a referendum as
provided in sections 305.31 to 305.41 of the Revised Code, unless
such resolution is adopted as an emergency measure necessary for
the immediate preservation of the public peace, health, or
safety,
in which case it shall go into immediate effect. Such
emergency
measure must receive an affirmative vote of all of the
members of
the board of
county commissioners, and shall state the
reasons for such
necessity. A resolution may direct the board of
elections to
submit the question of levying the tax to the
electors of the
county at the next primary or general election in
the county
occurring not less than seventy-five days after such
resolution is
certified to the board; no such resolution shall go
into effect
unless approved by a majority of those voting upon
it.
Sec. 4504.15. For the purpose of paying the costs of
enforcing and administering the tax provided for in this section;
for the various purposes stated in section 4504.02 of the Revised
Code; and to supplement revenue already available for those
purposes, any county may, by resolution adopted by its board of
county commissioners, levy an annual license tax, that shall be
in addition to the tax levied by sections 4503.02, 4503.07, and
4503.18 of the Revised Code, upon the operation of motor vehicles
upon the public roads and highways. The tax shall be at the rate
of five dollars per motor vehicle on all motor vehicles the
district of registration of which, as defined in section 4503.10
of the Revised Code, is located in the county levying the tax but
is not located within any municipal corporation levying the tax
authorized by section 4504.17 of the Revised Code, and shall be
in addition to the taxes at the rates specified in sections
4503.04 and 4503.16 of the Revised Code, subject to reductions in
the manner provided in section 4503.11 of the Revised Code and
the exemptions provided in sections 4503.16, 4503.17, 4503.171,
4503.41, and 4503.43 of the Revised Code.
Prior to the adoption of any resolution levying a county
motor vehicle license tax under this section, the board of county
commissioners shall conduct two public hearings thereon, the
second hearing to be not less than three nor more than ten days
after the first. Notice of the date, time, and place of such
hearings shall be given by publication in a newspaper of general
circulation in the county once a week for two consecutive weeks,
the second publication being not less than ten nor more than
thirty days prior to the first hearing.
No resolution levying a county motor vehicle license tax
under this section shall become effective sooner than thirty days
following its adoption, and such resolution is subject to a
referendum as provided in sections 305.31 to 305.41 of the
Revised Code, unless the resolution is adopted as an emergency
measure necessary for the immediate preservation of the public
peace, health, or safety, in which case it shall go into
immediate effect. The emergency measure must receive an
affirmative vote of all of the members of the board of county
commissioners, and shall state the reasons for the necessity. A
resolution may direct the board of elections to submit the
question of levying the tax to the electors of the county at the
next primary or general election occurring not less than
seventy-five days after the resolution is certified to the board;
no such resolution shall go into effect unless approved by a
majority of those voting upon it. A county is not required to
enact the tax authorized by section 4504.02 of the Revised Code
in order to levy the tax authorized by this section, but no
county may have in effect the tax authorized by this section if
it repeals the tax authorized by section 4504.02 of the Revised
Code after April 1, 1987.
Sec. 4504.16. For the purpose of paying the costs of
enforcing and administering the tax provided for in this section;
for the various purposes stated in section 4504.02 of the Revised
Code; and to supplement revenue already available for those
purposes, any county that currently levies the tax authorized by
section 4504.15 of the Revised Code may, by resolution adopted by
its board of county commissioners, levy an annual license tax,
that shall be in addition to the tax levied by that section and
by
sections 4503.02, 4503.07, and 4503.18 of the Revised Code,
upon
the operation of motor vehicles upon the public roads and
highways. The tax shall be at the rate of five
dolars
dollars per motor
vehicle on all motor vehicles the district of registration of
which, as defined in section 4503.10 of the Revised Code, is
located in the county levying the tax but is not located within
any municipal corporation levying the tax authorized by section
4504.171 of the Revised Code, and shall be in addition to the
taxes at the rates specified in sections 4503.04 and 4503.16 of
the Revised Code, subject to reductions in the manner provided in
section 4503.11 of the Revised Code and the exemptions provided
in
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of
the
Revised Code.
Prior to the adoption of any resolution levying a county
motor vehicle license tax under this section, the board of county
commissioners shall conduct two public hearings thereon, the
second hearing to be not less than three nor more than ten days
after the first. Notice of the date, time, and place of such
hearings shall be given by publication in a newspaper of general
circulation in the county once a week for two consecutive weeks,
the second publication being not less than ten nor more than
thirty days prior to the first hearing.
No resolution levying a county motor vehicle license tax
under this section shall become effective sooner than thirty days
following its adoption, and such resolution is subject to a
referendum as provided in sections 305.31 to 305.41 of the
Revised
Code, unless the resolution is adopted as an emergency
measure
necessary for the immediate preservation of the public
peace,
health, or safety, in which case it shall go into
immediate
effect. The emergency measure must receive an
affirmative vote of
all of the members of the board of county
commissioners, and shall
state the reasons for the necessity. A
resolution may direct the
board of elections to submit the
question of levying the tax to
the electors of the county at the
next primary or general election
occurring not less than
seventy-five days after the resolution is
certified to the board;
no such resolution shall go into effect
unless approved by a
majority of those voting upon it.
Nothing in this section or in section 4504.15 of the
Revised
Code shall be interpreted as preventing a county from
levying the
county motor vehicle license taxes authorized by such
sections in
a single resolution.
Sec. 4504.18. For the purpose of paying the costs and
expenses of enforcing and administering the tax provided for in
this section; for the construction, reconstruction, improvement,
maintenance, and repair of township roads, bridges, and culverts;
for purchasing, erecting, and maintaining traffic signs, markers,
lights, and signals; for purchasing road machinery and equipment,
and planning, constructing, and maintaining suitable buildings to
house such equipment; for paying any costs apportioned to the
township under section 4907.47 of the Revised Code; and to
supplement revenue already available for such purposes, the board
of township trustees may levy an annual license tax, in addition
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of
the Revised Code, upon the operation of motor vehicles on the
public roads and highways in the unincorporated territory of the
township. The tax shall be at the rate of five dollars per motor
vehicle on all motor vehicles the owners of which reside in the
unincorporated area of the township and shall be in addition to
the taxes at the rates specified in sections 4503.04 and 4503.16
of the Revised Code, subject to reductions in the manner provided
in section 4503.11 of the Revised Code and the exemptions
provided in sections 4503.16, 4503.17, 4503.171, 4503.41, and
4503.43 of the Revised Code.
Prior to the adoption of any resolution levying a township
motor vehicle license tax under this section, the board of
township trustees shall conduct two public hearings thereon, the
second hearing to be not less than three nor more than ten days
after the first. Notice of the date, time, and place of such
hearings shall be given by publication in a newspaper of general
circulation in the township once a week on the same day of the
week for two consecutive weeks, the second publication being not
less than ten nor more than thirty days prior to the first
hearing.
No resolution levying a township motor vehicle license tax
under this section shall become effective sooner than thirty days
following its adoption, and such resolution is subject to a
referendum in the same manner, except as to the form of the
petition, as provided in division (H) of section 519.12 of the
Revised Code for a proposed amendment to a township zoning
resolution. In addition, a petition under this section shall be
governed by the rules specified in section 3501.38 of the Revised
Code. No resolution levying a tax under this section for which a
referendum vote has been requested shall go into effect unless
approved by a majority of those voting upon it.
A township license tax levied under this section shall
continue in effect until repealed.
Sec. 4505.021. The owner of a motor vehicle shall apply for
a
certificate of title for the vehicle when required by this
chapter, but, except as otherwise specifically required in this
chapter, the
owner may elect whether or not to have the clerk of
the court of
common pleas to whom the certificate of title
application is
submitted issue a physical certificate of title
for
the motor
vehicle, as provided in section 4505.08 of the
Revised
Code. In the case of a title application that is submitted electronically to the clerk, the clerk shall issue an electronic certificate of title unless the applicant requests the issuance of a physical certificate of title.
Except as otherwise specifically provided in this chapter,
any provision of
this chapter relating to the cancellation,
issuance, or surrender of a
certificate of title, including, but
not limited to, provisions
that contain a phrase such as
"when a
certificate of title is
issued,"
"the clerk shall issue a
certificate of title," or
"the
person shall obtain a certificate
of title to the motor vehicle,"
or another phrase of similar
import, shall include those
circumstances when a clerk enters
certificate of title information
into the automated title
processing system, but does not take any
further action relating
to a physical certificate of title for the
motor vehicle.
Sec. 4505.031. (A) No minor under eighteen years of age
shall sell or otherwise dispose of a motor vehicle or purchase or
otherwise acquire a motor vehicle unless the application for a
certificate of title is accompanied by a form prescribed by the
registrar of motor vehicles and signed in the presence of a clerk or deputy clerk of a court of common pleas or any notary public by one of the minor's
parents, his the minor's guardian, or other person having
custody of the
minor authorizing the sale, disposition, purchase, or acquisition
of the motor vehicle. At
(B) At the time the application for certificate of title
is submitted, the adult who signed signs the form authorizing the sale,
disposition, purchase, or acquisition of the motor vehicle by the
minor shall be present and, the adult shall provide identification
establishing that he the adult is the individual whose
signature appears on
the form. The registrar shall prescribe, by rule, the types of
identification that are acceptable for the purposes of this
section. If the adult who signed the form does not provide
identification as required by this section, the application shall
be refused.
(C)(B) No right, title, claim to or interest in a motor
vehicle shall be acquired by or from a minor unless the
application for a certificate of title is accompanied by the form
required by this section.
(D)(C) No clerk of a court of common pleas shall be held
liable in any civil action that arises under the law of this
state for injury or loss to persons or property caused when a
person has obtained a certificate of title in violation of this
section, unless the clerk failed to use reasonable diligence in
ascertaining the age of the minor or the identity of the adult
who signed the form authorizing the sale, disposition, purchase,
or acquisition of the motor vehicle by the minor.
Sec. 4505.032. (A)(1) If a person who is not an electronic
motor
vehicle dealer owns a motor vehicle for which a physical
certificate of title
has not been issued by a clerk of a court of
common pleas and the person sells the motor vehicle to a motor vehicle dealer licensed under Chapter 4517. of the Revised Code, the person is not required to
obtain a physical certificate of title to the motor vehicle in
order to transfer ownership to the dealer. The person shall
present the dealer, in a manner approved by the registrar of motor
vehicles,
with sufficient proof of the person's identity
and
complete and sign a form prescribed by the registrar
attesting to
the person's identity and assigning the
motor vehicle to the
dealer. Except as otherwise provided in this section, the motor vehicle dealer shall present the assignment form to any clerk of a court of common pleas together with an application for a certificate of title and payment of the fees prescribed by section 4505.09 of the Revised Code.
In a case in which a person who is the owner of a motor vehicle for which a physical an electronic certificate of title has not been issued assigns and either the buyer or seller of the motor vehicle to is an electronic motor vehicle dealer, the electronic motor vehicle dealer
instead may inform a
clerk of a court of common pleas via electronic means of
the sale
of
the motor vehicle and assignment of ownership of the vehicle
to
the dealer. The clerk shall enter the information relating to
the
assignment, including, but not limited to, the odometer
disclosure
statement
required by section 4505.06 of the Revised
Code, into
the automated title processing system,
and
ownership
of the
vehicle passes to the dealer applicant when the clerk
enters this
information into the
system. The dealer is not required to
obtain
a physical certificate of
title to the vehicle in the dealer's
name.
(2) A clerk shall charge and collect from a dealer a fee of
five
dollars for
each motor vehicle assigned to assignment sent by the dealer to the clerk under
division (A)(1) of this section. The fee shall
be distributed in
accordance with section
4505.09 of the Revised Code.
(B) If a person who is not an electronic motor vehicle
dealer
owns a motor vehicle for which a physical certificate of
title has
not been issued by a clerk of a court of common pleas
and the person sells the
motor vehicle to a person who is not a motor vehicle dealer licensed under Chapter 4517. of the Revised Code, the
person shall obtain a
physical certificate of title to the motor
vehicle in order to
transfer ownership of the vehicle to
that person.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the clerk of the court of common pleas
of
that county. Any
payments required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds.
(2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system.
(3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate of title also shall be accompanied by that
certificate
of title duly assigned, unless otherwise provided in
this chapter.
If a certificate of title previously has not been
issued for the
motor vehicle in this state, the application,
unless otherwise
provided in this chapter, shall be accompanied
by a manufacturer's
or importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2131.12 of
the Revised Code.
If the applicant requests a
designation of
the
motor vehicle in beneficiary form so that upon
the death of
the
owner of the motor vehicle, ownership of the
motor vehicle
will
pass to a designated transfer-on-death
beneficiary or
beneficiaries, the applicant may do so as provided
in section
2131.13 of the Revised Code. A person who establishes
ownership
of a motor vehicle that is transferable on death in
accordance
with section 2131.13 of the Revised Code may terminate
that type
of ownership or change the designation of the
transfer-on-death
beneficiary or beneficiaries by applying for a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
registrar, after consultation
with the attorney general, shall
adopt rules that govern the
location at which, and the manner in
which, are stored the actual
application and all other documents
relating to the sale of a
motor vehicle when an electronic motor
vehicle dealer files the
application for a certificate of title
electronically on behalf of
the purchaser.
The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and that the application is in the
proper form,
the
clerk,
within
five business days after the
application is
filed and except as provided in section 4505.021 of the Revised Code, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal,
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin.
(4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement.
In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty days after the assignment or
delivery of the
motor
vehicle. If an application for a
certificate of title is
not
filed within
the period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made.
(6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code.
(B) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code.
For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a poundage
fee of one and one one-hundredth
per cent,
and the clerk
shall
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax.
(C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or 4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or beneficiaries
pursuant
to section
2131.13 of the Revised Code, in
connection
with the
creation
of a
security interest or for a vehicle with a gross vehicle weight rating of more than sixteen thousand pounds.
(D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of
title unless the tax imposed by or pursuant to Chapter
5741.
of
the Revised Code
based on the purchaser's county of residence
has
been paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the tax. Upon payment of the tax in
accordance with
division
(E) of this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not retain a poundage fee from payments of taxes by
persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales.
(E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller check issued by any
insured financial institution payable
to the clerk and submitted with an
application
for a certificate
of title under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal check, credit
card, electronic transfer or wire
transfer,
debit card, or any other accepted
form of payment made
payable to
the clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
the
information to the
commissioner
that the
commissioner
requires.
The clerk shall deduct
the amount of taxes due but not
paid from
the clerk's periodic
remittance of tax payments, in
accordance
with
procedures agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13 of the
Revised Code.
Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
and the penalty
shall
be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by
the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division.
(F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state
for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23) of section 5739.02 of the Revised Code,
and
upon
presentation of a copy of the affidavit provided by
that
section,
and a copy of the exemption certificate provided
by
section
5739.03 of the Revised Code.
The clerk shall forward all payments of taxes, less
poundage
fees, to the treasurer of state in a manner to be
prescribed
by
the
tax commissioner and shall furnish
information
to
the
commissioner as the commissioner requires.
(G) An application, as prescribed by the registrar
and
agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable by six months' imprisonment or
a fine of up to
one thousand dollars, or both. All transfers are
audited by the
department of taxation. The seller and buyer must
provide any
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt issued by
the tax commissioner showing payment
of the tax. For sales of
manufactured homes or mobile homes
occurring on or after January 1,
2000, the applicant shall pay to
the clerk an additional fee of five dollars
for each certificate
of title issued by the clerk for a
manufactured or mobile home
pursuant to division (H) of section 4505.11 of the Revised Code
and for each certificate of title issued upon transfer of
ownership of
the home. The clerk shall credit the fee to the
county
certificate of title administration fund, and the fee shall
be used to
pay
the expenses of archiving
those certificates
pursuant to
division
(A) of section 4505.08
and division (H)(3)
of section
4505.11 of
the Revised Code. The tax commissioner
shall
administer any tax
on a manufactured or mobile home
pursuant to
Chapters 5739. and
5741. of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4505.08. (A)
When the clerk of
a
court of
common
pleas
issues a physical certificate of title, the clerk
shall
issue
the certificate of title
on a form
and in a manner prescribed by the registrar of motor vehicles.
The
clerk shall file a copy of the physical evidence for the creation of the certificate of title
in a
manner prescribed by the registrar. A clerk may retain digital images of documents used as evidence for issuance of a certificate of title. Certified printouts of documents retained as digital images shall have the same evidentiary value as the original physical documents. The record of the issuance of the certificate of title shall be maintained in the automated title processing system. The
clerk shall sign
and
affix the clerk's seal
to the
original
certificate of
title
and,
if
there are no liens
on the
motor
vehicle, shall deliver
the
certificate to the
applicant or
the
selling dealer. If
there are
one or more
liens
on
the motor
vehicle, the
certificate of
title shall be
delivered to
the
holder
of the
first lien or the
selling dealer,
who shall deliver
the
certificate of title to the
holder of the
first lien.
The registrar
shall prescribe a uniform
method of numbering
certificates of title, and such numbering
shall be in such manner
that the county of issuance is indicated.
The clerk shall assign
numbers to certificates of title in the
manner prescribed by the
registrar. The clerk shall file all
certificates of title
according to
rules to be
prescribed by
the registrar, and
the clerk shall maintain in the
clerk's
office indexes for
the certificates of title.
The clerk need not retain on file any current
certificates
of
title, current duplicate certificates of title,
current
memorandum
certificates of title, or current salvage
certificates of title,
or supporting evidence
of them
covering
any motor vehicle
or
manufactured or mobile
home for a period longer
than seven
years
after the date of its
filing; thereafter, the
documents
and
supporting evidence may
be destroyed. The clerk
need not
retain
on file any
inactive
records, including
certificates of
title,
duplicate
certificates
of title,
or
memorandum
certificates of
title, or
supporting
evidence
of them,
including the
electronic record
described in
division (A) of
section 4505.06 of the Revised Code,
covering
any motor vehicle
or
manufactured or mobile home for a
period
longer than five
years
after
the date of its filing;
thereafter, the
documents
and
supporting evidence may be
destroyed.
The automated title processing system shall contain all
active
records and an index of the active records, a record and
index of
all inactive titles for ten years, and a record and index
of all
inactive titles for manufactured and mobile homes for
thirty
years. If the clerk provides a written copy of any
information
contained in the database, the copy shall be
considered the
original for purposes of the clerk certifying the
record of the
information for use in any legal proceeding.
(B)(1) If the clerk issues a certificate of title for a
motor vehicle that was last previously registered in another
state, the clerk
shall record verbatim, where practicable, in the
space
on the title described in division (B)(19) of section
4505.07 of
the Revised Code, the words that appear as a notation
to the
vehicle on the title issued by the previous state. These
notations may include, but are not limited to, words to the
effect
that the vehicle was considered or was categorized by the
state in
which it was last previously registered to be a law
enforcement
vehicle
or a taxicab or was once in a flood.
(2) If the clerk, while issuing a certificate of title for
a
motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that a title to the vehicle previously was
issued
by this state and that the previous title contained
notations
that appeared in the space described in division
(B)(19)
or
(20) of section 4505.07 of the Revised Code, the
clerk shall
enter
the notations that appeared on the previous
certificate of
title
issued by this state on the new certificate
of title in the
space
described in division (B)(19) or (20) of
section 4505.07 of
the Revised Code, irrespective of whether the
notations appear on
the
certificate of title issued by the state
in which the vehicle
was
last previously registered.
(3) If the clerk, while issuing a certificate of title for
a
motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that the vehicle was previously issued a title
by this state and that the previous title bore the notation
"REBUILT SALVAGE" as required by division (E) of section 4505.11
of the Revised Code, or the previous title to the vehicle issued
by this state was a salvage certificate of title, the clerk shall
cause the certificate of title the clerk issues to bear the
notation
"REBUILT SALVAGE" in the location prescribed by the
registrar
pursuant to that division.
(C) When the clerk issues a certificate of title for a motor
vehicle that was last previously registered in this state and was
a law
enforcement vehicle
or a taxicab or was once in a flood,
the clerk shall record
that information in the space on the title
described in division
(B)(20) of section 4505.07 of the Revised
Code. The registrar, by rule, may
prescribe any additional uses
of or happenings to a motor vehicle that the
registrar has reason
to believe should be noted on the certificate of title as
provided
in this division.
(D) The clerk shall use reasonable care in recording or
entering onto titles the clerk issues any notation and
information
the clerk is required by divisions (B)
and (C) of
this section to
record or enter and
in causing the titles the
clerk issues to bear
any notation
required by those divisions,
but the clerk is not
liable for any of the clerk's errors or
omissions or those of
the
clerk's deputies, or the automated
title
processing system, in the
performance of the duties
imposed on
the clerk by this section.
(E) The clerk may issue a duplicate title, when duly
applied
for, of any title that has been destroyed as herein
provided.
(F)
The Except as provided in section 4505.021 of the Revised Code, the clerk shall issue a physical certificate of title to
an
applicant unless the applicant specifically requests the clerk
not to issue a
physical certificate of title and instead to issue
an electronic certificate
of title.
The fact that a physical
certificate of title is
not issued for a motor vehicle does not
affect ownership of the
vehicle. In that case, when the clerk
completes the process of
entering certificate of title
application
information into the
automated title processing
system, the effect
of the completion of
the process is the same
as if the clerk
actually issued a physical
certificate of title
for the motor
vehicle.
(G) An electronic motor vehicle dealer who applies for a
certificate of title on behalf of a customer who purchases a motor
vehicle
from the dealer may print a non-negotiable evidence of
ownership for the customer if the customer so requests. The
authorization to print the non-negotiable evidence of ownership
shall come from the clerk with whom the dealer makes application
for the certificate of title for the customer, but the printing by
the dealer does not create an agency relationship of any kind
between the dealer and the clerk.
(H)
The owner of
a motor vehicle
may
apply at any time to a clerk of a court of common pleas for a
non-negotiable evidence of ownership for the motor vehicle.
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of
alcohol in a person's blood, breath, or urine. When expressed as
a percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of
whole blood, blood serum, or
blood plasma;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B) "School bus" has the same meaning as in section
4511.01
of the Revised Code.
(C) "Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to
drive a commercial motor vehicle.
(D)(C) "Commercial driver license information system" means
the
information system established pursuant to the requirements
of the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171,
49 U.S.C.A. App. 2701.
(E)(D) Except when used in section 4506.25 of the Revised
Code,
"commercial
motor vehicle" means any motor vehicle
designed or
used to transport persons or property that meets any
of the
following qualifications:
(1) Any combination of vehicles with a combined gross
vehicle weight rating of twenty-six thousand one pounds or more,
provided the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight rating
of
twenty-six thousand one pounds or more, or any such vehicle
towing
a vehicle having a gross vehicle weight rating that is not
in
excess of ten thousand pounds;
(3) Any single vehicle or combination of vehicles that is
not a class A or class B vehicle, but that either is designed to
transport sixteen or more passengers including the driver, or is
placarded for hazardous materials;
(4) Any school bus with a gross
vehicle weight rating of
less than twenty-six thousand one pounds
that is designed to
transport fewer than sixteen passengers
including the driver;
(5) Is transporting hazardous materials for which
placarding
is required by regulations adopted under the
"Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801 under subpart F of 49 C.F.R. part 172, as
amended;
(6) Any single vehicle or combination of vehicles that is
designed to be
operated and to travel on a public street or
highway and is considered by the
federal highway motor carrier safety administration to
be a commercial motor vehicle, including,
but not limited to, a
motorized crane, a vehicle whose function is to pump
cement, a rig
for drilling wells, and a portable crane.
(F)(E) "Controlled substance" means all of the following:
(1) Any substance classified as a controlled substance
under
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A.
802(6), as amended;
(2) Any substance included in schedules I through V of 21
C.F.R. part 1308, as amended;
(G)(F) "Conviction" means an unvacated adjudication of guilt
or
a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or
an authorized
administrative tribunal, an unvacated forfeiture
of bail or
collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court,
the payment of a fine or court cost, or violation of a condition
of release without bail, regardless of whether or not the penalty
is rebated, suspended, or probated.
(H)(G) "Disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a person's privileges to operate a commercial motor vehicle;
(2) Any withdrawal of the privilege a person's privileges
to
drive operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;
(3) A determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391.
(I)(H) "Drive" means to drive, operate, or be in physical
control of a motor vehicle.
(J)(I) "Driver" means any person who drives, operates, or is
in
physical control of a commercial motor vehicle or is required
to
have a commercial driver's license.
(K)(J) "Driver's license" means a license issued by the
bureau
of motor vehicles that authorizes an individual to drive.
(L)(K) "Drug of abuse" means any controlled substance,
dangerous drug as defined in section 4729.01 of the Revised Code,
or over-the-counter medication that, when taken in quantities
exceeding the recommended dosage, can result in impairment of
judgment or reflexes.
(L) "Eligible unit of local government" means a village, township, or county that has a population of not more than three thousand persons according to the most recent federal census.
(M) "Employer" means any person, including the federal
government, any state, and a political subdivision of any state,
that owns or leases a commercial motor vehicle or assigns a
person
to drive such a motor vehicle.
(N) "Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person
to operate a specified type of commercial motor vehicle.
(O) "Farm truck" means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this division and is not used in the operations of a motor transportation company or private motor carrier.
(P) "Fatality" means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of death.
(O)(Q) "Felony" means any offense under federal or state law
that is punishable by death or specifically classified as a
felony
under the law of this state, regardless of the penalty
that may be
imposed.
(P)(R) "Foreign jurisdiction" means any jurisdiction other
than
a state.
(Q)(S) "Gross vehicle weight rating" means the value
specified
by the manufacturer as the maximum loaded weight of a
single or a
combination vehicle. The gross vehicle weight rating
of a
combination vehicle is the gross vehicle weight rating of
the
power unit plus the gross vehicle weight rating of each towed
unit.
(R)(T) "Hazardous materials" means materials identified any material that has been designated as
such hazardous
under regulations adopted under the "Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as
amended.
(S)(U) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(V) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(T) Except when used in sections 4506.25 and 4506.26 of the
Revised Code, "out-of-service means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(W) "Out-of-service order" means a temporary prohibition
against driving a declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor vehicle issued under this
chapter or a similar law of another state or of a foreign
jurisdiction.
(U), or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
(X) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(Y) "Portable tank" means a liquid or gaseous packaging designed primarily to be loaded onto or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means.
(Z) "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of section 4511.01 of the Revised Code.
(AA) "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in section 4501.01 of the Revised Code and is used exclusively for purposes other than engaging in business for profit.
(BB) "Residence" means any person's residence determined in
accordance with standards
prescribed in rules adopted by the
registrar.
(V) "Temporary residence" means residence on a temporary
basis as
determined by the registrar in accordance with standards
prescribed in rules
adopted by the registrar.
(W)(CC) "School bus" has the same meaning as in section 4511.01 of the Revised Code.
(DD) "Serious traffic violation" means a conviction arising
from the operation a single charge of operating a commercial motor vehicle in violation of any provision of section 4506.03 of the Revised Code or a conviction arising from the operation of any motor vehicle that involves
any
of the following:
(1) A single charge of any speed that is in excess of the
posted speed limit by an amount specified by the United States
secretary of transportation and that the director of public
safety
designates as such by rule fifteen miles per hour or more;
(2) Violation of section 4511.20, or 4511.201, or 4511.202 of
the Revised Code or any similar ordinance or resolution, or of
any
similar law of another state or political subdivision of
another
state;
(3) Violation of a law of this state or an ordinance or
resolution relating to traffic control, other than a parking
violation, or of any similar law of another state or political
subdivision of another state, that results in a fatal accident;
(4) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported;
(5) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license being in the person's possession;
(6) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance or county or township resolution substantially similar to either of those sections, or any substantially similar law of another state or political subdivision of another state;
(7) Violation of any other law of this state or an
ordinance
or resolution relating to traffic control, other than a
parking
violation, that is determined to be a serious traffic
violation by
the United States secretary of transportation and
the director
designates as such by rule.
(X)(EE) "State" means a state of the United States and
includes
the District of Columbia.
(Y)(FF) "Tank vehicle" means any commercial motor vehicle that
is designed to transport any liquid and has a maximum capacity
greater than one hundred nineteen gallons or is designed to
transport gaseous materials and has a water capacity greater than
one thousand pounds within
a tank that is either permanently or
temporarily attached to the
vehicle or its chassis. "Tank
vehicle" does not include any of the following:
(1) Any portable tank
having a rated capacity of less than
one thousand gallons;
(2) Tanks used exclusively as a fuel tank for the motor
vehicle to which
it is attached;
(3) An empty storage container tank that is not designed for transportation and that is readily distinguishable from a transportation tank;
(4) Ready-mix concrete mixers.
(Z)(GG) "Tester" means a person or entity acting pursuant to a valid agreement entered into pursuant to division (B) of section 4506.09 of the Revised Code.
(HH) "United States" means the fifty states and the
District
of Columbia.
(AA)(II) "Vehicle" has the same meaning as in section 4511.01
of
the Revised Code.
(BB) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(CC) "Portable tank" means a liquid or gaseous packaging
designed
primarily to be loaded on or temporarily attached to a
vehicle and
equipped with skids, mountings, or accessories to
facilitate
handling of the tank by mechanical means.
Sec. 4506.03. (A) On and after April 1, 1992 Except as provided in divisions (B) and (C) of this section, the
following
shall apply:
(1) No person shall drive a commercial motor vehicle on a
highway in this state unless
the person holds, and has in the person's possession, a valid
commercial
driver's
license with proper endorsements for the motor
vehicle
being
driven, issued by the registrar of motor vehicles, a
valid
examiner's commercial driving permit issued under section
4506.13
of the Revised Code, a valid restricted commercial
driver's
license and waiver for farm-related service industries
issued
under section 4506.24 of the Revised Code, or a valid
commercial
driver's license temporary instruction permit issued by
the
registrar and is accompanied by an authorized state driver's
license examiner or tester or a person who has been issued and
has
in
the person's immediate possession a current, valid
commercial
driver's license with proper endorsements for the motor
vehicle
being driven.
(2) No person shall be issued a commercial driver's
license
until
the person surrenders to the registrar of motor
vehicles
all valid licenses issued to
the person by another
jurisdiction
recognized by this state. All surrendered licenses
shall be
returned by the The registrar shall report the surrender of a license to the issuing authority, together with information that a license is now issued in this state. The registrar shall destroy any such license that is not returned to the issuing authority.
(3) No person who has been a resident of this state for
thirty days or longer shall drive a commercial motor vehicle
under
the authority of a commercial driver's license issued by
another
jurisdiction.
(B) As used in this section and in section 4506.09 of the
Revised Code, "tester" means a person or entity acting pursuant
to
a valid agreement entered into under division (B) of section
4506.09 of the Revised Code Nothing in division (A) of this section applies to any qualified
person when engaged in the operation of any of the following:
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an
eligible unit of
local government, if the person is employed by
the eligible unit of local
government and is operating the
commercial motor vehicle for the purpose of
removing snow or ice
from a roadway by plowing, sanding, or salting, but only
if either
the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle
for these
purposes is unable to operate the vehicle, or the
employing eligible unit of
local government determines that a snow
or ice emergency exists that requires
additional assistance;
(6) A vehicle
operated for military purposes by any member
or uniformed employee of the armed forces
of the United States or their
reserve components, including the
Ohio national guard. This exception
does not apply to United
States reserve technicians.
(7) A commercial motor vehicle that is operated
for
nonbusiness purposes. "Operated for nonbusiness purposes"
means
that the commercial motor vehicle is not used in commerce
as
"commerce" is defined in 49 C.F.R.
383.5, as amended, and is not
regulated by the public utilities
commission pursuant to Chapter
4919., 4921., or 4923. of the
Revised Code.
(8)
A motor vehicle that is designed primarily for the
transportation of
goods and not persons, while that motor vehicle
is being used for the
occasional transportation of
personal
property by
individuals not
for compensation and not in the
furtherance of a
commercial
enterprise.
(C) Nothing contained in division (B)(5) of this section
shall be
construed as
preempting or superseding any law, rule, or
regulation of this state
concerning the safe operation of
commercial motor vehicles.
(C)(D)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.05.
(A) Notwithstanding any other provision of
law, a
person may drive a commercial motor vehicle on a highway in
this
state if all of the following conditions are met:
(1)
The person has a valid commercial driver's
license or
commercial
driver's license temporary instruction
permit issued by
any state or jurisdiction
in accordance with the minimum
standards adopted by the
federal
highway motor carrier safety administration under the
"Commercial Motor Vehicle
Safety
Act of 1986," 100 Stat. 3207-171,
49 U.S.C.A.
App. for
issuance of commercial drivers' licenses;
(2)
The person's commercial driver's
license or
permit is
not
suspended,
revoked,
or canceled;
(3)
The person is not disqualified from
driving a
commercial
motor
vehicle;
(4)
The person is not subject to an
out-of-service
order.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.08. (A)(1) 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. Each application for a commercial
driver's license,
restricted commercial driver's license, or
renewal of such a
license, or waiver for farm-related service industries shall be accompanied by a fee of twenty-five
dollars; and
each, except that an application for a commercial driver's license or restricted commercial driver's license received pursuant to division (A)(3) of section 4506.14 of the Revised Code shall be accompanied by a fee of eighteen dollars and seventy-five cents if the license will expire on the licensee's birthday three years after the date of issuance, a fee of twelve dollars and fifty cents if the license will expire on the licensee's birthday two years after the date of issuance, and a fee of six dollars and twenty-five cents if the license will expire on the licensee's birthday one year after the date of issuance. Each application for a duplicate commercial driver's
license shall
be accompanied by a fee of ten dollars. In
(2) 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.
(B) Each deputy registrar shall transmit the fees collected under division (A)(1) of this section 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)(C) 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 twelve dollars commencing on October 1, 2003, for each application for a commercial driver's license temporary instruction permit, commercial driver's license, or duplicate commercial driver's license and for each application for renewal of a commercial driver's license with an expiration date on or after that date received by the registrar or deputy registrar. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under division (B)(C) of this section in the time and manner prescribed by the registrar. The registrar shall deposit all moneys received under division (B)(C) of this section into the state highway safety fund established in section 4501.06 of the Revised Code.
(C)(D) 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 two dollars, to the employer or prospective employer of such
a person and to any insurer.
Sec. 4506.09. (A) The registrar of motor vehicles,
subject
to approval by the director of public safety, shall adopt
rules
conforming with applicable standards adopted by the federal
motor carrier safety administration as regulations under Pub. L. No. 103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to 31317. The rules shall establish requirements for the
qualification and testing of persons applying for a commercial
driver's license, which shall be in addition to other
requirements
established by this chapter. Except as provided in
division (B)
of this section, the highway patrol or any other employee of
the
department of public safety the registrar authorizes shall
supervise
and conduct the testing of persons applying for a
commercial
driver's license.
(B) The director may adopt rules, in accordance with
Chapter
119. of the Revised Code and applicable requirements of
the
federal motor carrier safety administration, authorizing the skills test
specified in this section to be administered by any person, by an
agency of this or another state, or by an agency, department, or
instrumentality of local government. Each party authorized under this division to administer the skills test may charge a maximum divisible
fee
of eighty-five dollars for each skills test given as part of a commercial driver's license examination. The fee shall consist of not more than twenty dollars for the pre-trip inspection portion of the test, not more than twenty dollars for the off-road maneuvering portion of the test, and not more than forty-five dollars for the on-road portion of the test. Each such party may require an appointment fee in the same manner provided in division (E)(2) of this section, except that the maximum amount such a party may require as an appointment fee is eighty-five dollars. The skills
test
administered by another party under this division shall be the same as otherwise would be administered by this
state. The other party shall enter into an agreement with
the
director that, without limitation, does all of the
following:
(1) Allows the director or the director's representative
and
the
federal motor carrier safety administration or its representative to
conduct
random examinations, inspections, and audits of the other
party
without prior notice;
(2) Requires the director or the director's representative
to conduct
on-site inspections of the other party at least
annually;
(3) Requires that all examiners of the other party meet
the
same qualification and training standards as examiners of the
department of public safety, to the extent necessary to conduct
skills tests in the manner required by 49 C.F.R. 383.110 through
383.135;
(4) Requires either that state employees take, at least
annually and as though the employees were test applicants, the
tests actually administered by the other party, that the director
test a sample of drivers who were examined by the other party to
compare the test results, or that state employees accompany a
test
applicant during an actual test;
(5) Reserves to this state the right to take prompt and
appropriate remedial action against testers of the other party if
the other party fails to comply with standards of this state or
federal standards for the testing program or with any other terms
of the contract.
(C) The director shall enter into an agreement with the
department of education authorizing the skills test specified in
this section to be administered by the department at any location
operated by the department for purposes of training and testing
school bus drivers, provided that the agreement between the
director and the department complies with the requirements of
division (B) of this section. Skills tests administered by the
department shall be limited to persons applying for a commercial
driver's license with a school bus endorsement.
(D) The director shall adopt rules, in accordance with
Chapter 119. of the Revised Code, authorizing waiver of the
skills
test specified in this section for any applicant for a
commercial
driver's license who meets all of the following
requirements:
(1) Certifies that, during the two-year period immediately
preceding application for a commercial driver's license, all
of
the following apply:
(a) The applicant has not had more than one license;.
(b) The applicant has not had any license suspended,
revoked, or
canceled;.
(c) The applicant has not had any convictions for any type
of motor
vehicle for the offenses for which disqualification is
prescribed
in section 4506.16 of the Revised Code;.
(d) The applicant has not had any violation of a state or
local law
relating to motor vehicle traffic control other than a
parking
violation arising in connection with any traffic accident
and has
no record of an accident in which the applicant was at
fault.
(e) The applicant has previously taken and passed a skills test given by a state with a classified licensing and testing system in which the test was behind-the-wheel in a representative vehicle for the applicant's commercial driver's license classification.
(2) Certifies and also provides evidence that the applicant
is
regularly employed in a job requiring operation
of a commercial
motor vehicle and that one of the following applies:
(a) The applicant has previously taken and passed a skills
test given
by a state with a classified licensing and testing
system in
which the test was behind-the-wheel in a representative
vehicle
for the applicant's commercial driver's license
classification;.
(b) The applicant has regularly operated, for at least two
years
immediately preceding application for a commercial driver's
license, a vehicle representative of the commercial motor vehicle
the applicant operates or expects to operate.
(E)(1) The department of public safety may charge and
collect
a divisible fee of fifty dollars for each skills test
given as
part of a commercial driver's license examination. The
fee shall
consist of ten dollars for the pre-trip inspection
portion of the
test, ten dollars for the off-road maneuvering
portion of the
test, and thirty dollars for the on-road portion of
the test.
(2) The director may require an applicant for a commercial
driver's license
who schedules an appointment with the highway
patrol or other authorized
employee of the department of public
safety to take all portions of
the skills test, to pay an
appointment fee of fifty dollars at the time of
scheduling the
appointment. If the applicant appears
at the time and location
specified for the appointment and takes all portions of the skills
test during
that appointment, the appointment fee shall serve as
the skills test fee. If
the applicant schedules an appointment to
take
all
portions of the skills test and fails to appear at the
time and location
specified for the appointment, no portion of the
appointment fee shall be
refunded. If the applicant schedules an
appointment
to
take all portions of the skills test and appears at
the time and location
specified for the appointment, but declines
or is unable to take all portions
of the skills test, no portion of the
appointment fee shall serve as the skills test fee be refunded.
If
the
applicant cancels a scheduled appointment forty-eight hours or
more prior
to the time of the appointment time, the applicant
shall not forfeit
the
appointment fee.
An applicant for a commercial driver's license who schedules
an appointment
to take one or more, but not all, portions of
the
skills test shall not be required to pay any an appointment fee equal to the costs of each test scheduled, as prescribed in division (E)(1) of this section, when
scheduling
such an appointment. If the applicant appears at the time and location specified for the appointment and takes all the portions of the skills test during that appointment that the applicant was scheduled to take, the appointment fee shall serve as the skills test fee. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and fails to appear at the time and location specified for the appointment, no portion of the appointment fee shall be refunded. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and appears at the time and location specified for the appointment, but declines or is unable to take all portions of the skills test that the applicant was scheduled to take, no portion of the appointment fee shall be refunded. If the applicant cancels a scheduled appointment forty-eight hours or more prior to the time of the appointment time, the applicant shall not forfeit the appointment fee.
(3) The department of public safety shall deposit all fees it collects under division (E) of this section
in the state highway safety fund.
(F) As used in this section,
"skills test" means a test of
an applicant's ability to drive the type of commercial motor
vehicle for which the applicant seeks a commercial driver's
license by
having the applicant drive such a motor vehicle while
under the
supervision of an authorized state driver's license
examiner or
tester.
Sec. 4506.10. (A) No person who holds a valid commercial
driver's license shall drive a commercial motor vehicle unless
the person
is physically qualified to do so. Each person who
drives or
expects to drive a commercial motor vehicle in
interstate or
foreign commerce or is otherwise subject to 49
C.F.R. 391, et
seq., as amended, shall certify to the registrar of
motor
vehicles at the time of application for a commercial
driver's
license that
the person is in compliance with these
standards. Any
person who is not subject to 49 C.F.R. 391, et
seq., as amended,
also shall certify at the time of application
that
the person
is not
subject to these standards.
(B) A person is qualified to drive a class B commercial
motor vehicle with a school bus endorsement if the person holds a valid commercial driver's license along with the proper endorsements, and if
the person
has
been
certified as medically qualified in accordance with rules
adopted
by the department of education.
(C)(1) Except as provided in division (C)(2) of this
section, any medical examination required by this section shall
be
performed only by
one of the following:
(a) A person licensed under Chapter 4731. of the
Revised
Code to practice medicine or surgery or osteopathic
medicine and
surgery in this state, or licensed under any similar
law of
another state;
(b) A
physician assistant
who is
authorized by the
supervising physician to perform such a medical
examination;
(c) A
certified nurse practitioner, a
clinical nurse
specialist, or a
certified nurse-midwife;
(d) A doctor of chiropractic.
(2) Any
part of
an examination
required by this
section
that pertains to visual acuity, field of vision, and the
ability
to recognize colors may be performed by a person licensed
under
Chapter 4725. of the Revised Code to practice optometry in
this
state, or licensed under any similar law of another state.
(3) Any written documentation of a physical examination
conducted pursuant to this section shall be completed by the
individual who performed the examination.
(D) Whenever good cause appears, the registrar, upon
issuing
a commercial driver's license under this chapter, may
impose
restrictions suitable to the licensee's driving ability
with
respect to the type of motor vehicle or special mechanical
control
devices required on a motor vehicle
that the licensee
may
operate, or such other restrictions applicable to the
licensee as
the registrar determines to be necessary.
The registrar may either issue a special restricted license
or may set forth
upon the usual license
form
the
restrictions
imposed.
The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of
the license, may
impose a class
D license suspension of the license for
the period of time
specified in division (B)(4) of section 4510.02
of the Revised
Code.
The registrar, upon receiving satisfactory evidence that an
applicant or holder of a commercial driver's license has violated
division (A)(4) of section 4506.04 of the Revised Code and
knowingly given false information in any application or
certification required by section 4506.07 of the Revised Code,
shall cancel the commercial driver's license of the person or any
pending application from the person for a commercial driver's
license or class D driver's license for a period of at least
sixty
days, during which time no application for a commercial
driver's
license or class D driver's license shall be received
from the
person.
(E) Whoever violates this section is guilty of a misdemeanor
of the first degree.
Sec. 4506.11. (A) Every commercial driver's license shall
be marked "commercial driver's license" or "CDL" and shall be of
such material and so designed as to prevent its reproduction or
alteration without ready detection, and, to this end, shall be
laminated with a transparent plastic material. The commercial
driver's
license for licensees under twenty-one years of age shall
have characteristics
prescribed by the registrar of motor vehicles
distinguishing it from that
issued to a licensee who is twenty-one
years of age or older. Every
commercial
driver's license shall
display all of the following
information:
(1) The name and residence address of the licensee;
(2) A color photograph of the licensee showing the licensee's uncovered face;
(3) A physical description of the licensee, including sex,
height, weight, and color of eyes and hair;
(4) The licensee's date of birth;
(5) The licensee's social security number
if the person has
requested that the number be displayed in accordance with section
4501.31 of the Revised Code or if federal law requires the social
security number to be displayed and any number
or other identifier
the director of public safety considers
appropriate and
establishes by rules adopted under Chapter 119.
of the Revised
Code and in compliance with federal law;
(6) The licensee's signature;
(7) The classes of commercial motor vehicles the licensee
is
authorized to drive and any endorsements or restrictions
relating
to the licensee's driving of those vehicles;
(8) The name of this state;
(9) The dates of issuance and of expiration of the
license;
(10) If the licensee has certified willingness to make an
anatomical donation under section 2108.04 of the Revised Code,
any
symbol chosen by the registrar of motor vehicles to indicate
that
the licensee has certified that willingness;
(11) If the licensee has
executed a durable power of
attorney for health care or a
declaration governing the use or
continuation, or the withholding
or withdrawal, of life-sustaining
treatment and has specified
that the licensee wishes the license
to
indicate that the licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee
has executed either type of instrument;
(12) Any other information the registrar considers
advisable
and requires by rule.
(B) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section.
(C) Neither the registrar nor any deputy registrar shall
issue a commercial driver's license to anyone under twenty-one
years of age
that does not have the characteristics prescribed by
the registrar
distinguishing it from the commercial driver's
license issued to persons who
are twenty-one years of age or
older.
(D)
Whoever violates division (C) of this section is
guilty
of a minor misdemeanor.
Sec. 4506.12. (A) Commercial drivers' licenses shall be
issued in the following classes and shall include any
endorsements
and restrictions that are applicable. Subject to
any such
endorsements and restrictions, the holder of a valid
commercial
driver's license may drive all commercial motor
vehicles in the
class for which that license is issued and all
lesser classes of
vehicles, except that
the holder shall not
operate a
motorcycle
unless
the holder is licensed to do so under Chapter 4507. of
the
Revised
Code.
(B) The classes of commercial drivers' licenses and the
commercial motor vehicles that they authorize the operation of
are
as follows:
(1) Class A--any combination of vehicles with a combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, if the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds.
(2) Class B--any single vehicle with a gross vehicle
weight
rating of twenty-six thousand one pounds or more or any
such
vehicle towing a vehicle having a gross vehicle weight
rating that
is not in excess of ten thousand pounds.
(3) Class C--any single vehicle, or combination of
vehicles,
that is not a class A or class B vehicle, but that
either is
designed to transport sixteen or more passengers,
including the
driver, or is placarded for transporting hazardous materials and in an amount requiring placarding, or
any school bus
with a gross vehicle weight rating of less than
twenty-six
thousand one pounds that is designed to transport
fewer than
sixteen passengers including the driver.
(C) The following endorsements and restrictions apply to
commercial drivers' licenses:
(1) H--authorizes the driver to drive a vehicle
transporting
hazardous materials in an amount requiring placarding;
(2) K--restricts the driver to only intrastate operation;
(3) L--restricts the driver to vehicles not equipped with
air brakes;
(4) T--authorizes the driver to drive a vehicle configured with double and or triple
trailers that create more than one articulation point for the combination;
(5) P--authorizes the driver to drive vehicles carrying designed to transport sixteen or more
passengers, including the driver;
(6) P1--authorizes the driver to drive class A vehicles
with designed for
fewer than fifteen sixteen passengers, including the driver, and all lesser classes of
vehicles
without restriction as to the number designed passenger capacity of passengers the vehicle;
(7) P2--authorizes the driver to drive class A or B
vehicles
with designed for fewer than fifteen sixteen passengers, including the driver, and all lesser
classes of
vehicles without restriction as to the number designed passenger capacity of
passengers the vehicle;
(8) P3--restricts the driver to driving class B school
buses;
(9) P4--Restricts the driver to driving class C school
buses
designed to transport fewer than sixteen passengers
including the
driver.
(10)(9) N--authorizes the driver to drive tank vehicles;
(11)(10) S--authorizes the driver to drive school buses transporting children;
(12)(11) X--authorizes the driver to drive tank vehicles
transporting hazardous materials in a quantity requiring placarding;
(13)(12) W--restricts the driver to the operation of
commercial
motor vehicles in accordance with a waiver for
farm-related
service industries issued under section 4506.24 of
the Revised
Code.
(D) In addition to any endorsement that otherwise may apply, a person who is engaged in the towing of a disabled or wrecked motor vehicle shall hold a commercial driver's license bearing any endorsement required to drive the towed vehicle except the driver is not required to have either of the following:
(1) A passenger endorsement to tow an unoccupied passenger vehicle;
(2) Any endorsement required for the wrecked or disabled vehicle when the driver initially removes a vehicle from the site of the emergency where the vehicle became wrecked or disabled to the nearest appropriate repair, disposal, or storage facility, as applicable.
(E) No person shall drive any commercial motor vehicle for
which an endorsement is required under this section unless the
proper endorsement appears on the person's commercial driver's
license.
(F)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.14. (A) Commercial driver's licenses shall
expire
as follows:
(1) Except as provided in division (A)(3) or (4) of this section,
each such license issued to replace an operator's or chauffeur's
license shall expire on the original expiration date of the
operator's or chauffeur's license and, upon renewal, shall expire
on the licensee's birthday in the fourth year after the date of
issuance.
(2) Except as provided in division (A)(3) or (4) of this section,
each such license issued as an original license to a person whose
residence
is in this state shall expire on
the licensee's birthday
in the fourth year after the date of issuance,
and each such
license issued to a
person whose temporary residence is in this
state shall expire
in accordance with rules adopted by the
registrar of motor
vehicles. A license issued to a person with a
temporary
residence in this state is nonrenewable, but may be
replaced
with a new license within ninety days prior to its
expiration
upon the applicant's compliance with all applicable
requirements.
(3) The registrar or a deputy registrar may issue a license that expires on a date earlier than the licensee's birthday in the fourth year after the date of issuance if the licensee has undergone a security threat assessment required by federal law to obtain a hazardous materials endorsement and the assessment will expire before that date.
(4) Each such license issued to replace the operator's or
chauffeur's license of a person who is less than twenty-one years
of age, and each such license issued as an original license to a
person who is less than twenty-one years of age, shall expire on
the licensee's twenty-first birthday.
(B) No commercial driver's license shall be issued for
a
period longer than four years and ninety one hundred eighty days. Except as provided
in
section
4507.12 of the Revised Code, the registrar may
waive
the examination of any person applying for the renewal of a
commercial driver's license issued under this chapter, provided
that the applicant presents either an unexpired commercial
driver's license or a commercial driver's license that has
expired
not more than six months prior to the date of application.
(C) Subject to the requirements of this chapter and except
as provided in
division (A)(2) of this section in regard to a
person whose temporary
residence is in this state, every
commercial driver's license shall be
renewable ninety one hundred eighty days before
its expiration upon payment
of the fees required by section
4506.08 of the Revised Code. Each person
applying for renewal or transfer of
a commercial driver's license shall complete the
application form
prescribed by section 4506.07 of the Revised Code and shall
provide all certifications required. If the person wishes to
retain an
endorsement authorizing the person to
transport
hazardous materials, the person shall take and
successfully
complete the written test for the endorsement and shall submit to any background check required by federal law.
(D) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the
person's address
within ten days following that change. The
notification shall be
in writing on a form provided by the
registrar and shall include
the full name, date of birth, license
number, county of residence,
social security number, and new
address of the person.
(E)
Whoever violates division (D) of this section is
guilty
of a minor misdemeanor.
Sec. 4506.15.
(A) No person shall do any of the following:
(1) Drive a commercial motor vehicle while having a
measurable or
detectable amount of alcohol or of a controlled
substance in
the
person's blood,
breath,
or urine;
(2) Drive a commercial motor vehicle while having an
alcohol
concentration
of four-hundredths of one per cent or more by whole blood or breath;
(3) Drive a commercial motor vehicle while having an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol concentration of fifty-six-thousandths of one per cent or more by urine;
(3)(5) Drive a commercial motor vehicle while under the
influence of a
controlled substance;
(4) Knowingly leave the scene of an accident involving a
commercial motor
vehicle driven by the person;
(5)(6) Use a commercial motor vehicle in the commission of a
felony;
(6)(7) Refuse to submit to a test under section 4506.17 of
the
Revised Code;
(7) Violate an out-of-service order issued under this
chapter;
(8) Violate any prohibition described in divisions
(A)(2) to
(7) of this
section while transporting hazardous
materials;
(9)(8) Operate a commercial motor vehicle while the person's commercial driving privileges are revoked, suspended, canceled, or disqualified;
(9) Cause a fatality though the negligent operation of a commercial motor vehicle, including, but not limited to, the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter;
(10) Use a commercial motor vehicle in the commission of a
felony involving the manufacture, distribution, or dispensing of a
controlled substance as defined in section 3719.01 of the Revised
Code or the possession with intent to manufacture, distribute, or dispense a controlled substance;
(10)(11) Drive a commercial motor vehicle in violation of any
provision of sections 4511.61 to 4511.63 of the Revised Code or
any federal or local law or ordinance pertaining to
railroad-highway grade crossings;
(12) Violate any prohibition described in divisions (A)(2) to (11) of this section while transporting hazardous materials.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.16. (A) Any person who is
found to have been convicted of a violation of an
out-of-service order shall be disqualified by the registrar of
motor vehicles as follows:
(1) If the person has not been convicted previously of a
violation of an out-of-service order, the period of
disqualification is ninety days.
(2) If, during any ten-year period, the driver is
convicted of a second violation of an out-of-service order in an
incident separate from the incident that resulted in the first
violation, the period of disqualification is one
year.
(3) If, during any ten-year period, the driver is
convicted of a third or subsequent violation of an
out-of-service order in an incident separate from the incidents
that resulted in the previous violations during that ten-year
period, the period of disqualification is three
years.
(B)(1) A driver is
disqualified for one hundred eighty days
if the driver is convicted of a first violation
of an out-of-service order while transporting hazardous
materials required to be placarded under the
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.
1801, as amended, or while operating a motor vehicle designed to
transport sixteen or more passengers, including the
driver.
(2) A driver is disqualified for a period of
three years if, during any
ten-year period, the driver is convicted of a second or
subsequent violation, in an incident separate from the incident
that resulted in a previous violation during that ten-year
period, of an out-of-service order while transporting hazardous
materials required to be placarded under that act, or while
operating a motor vehicle designed to transport sixteen or more
passengers, including the driver.
(C) Whoever violates division (A)(1) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, immediately shall be placed
out-of-service for twenty-four hours, in addition to any
disqualification required by this section and any other penalty
imposed by the Revised Code.
(B)(D) The registrar of motor vehicles shall disqualify any
person holder of a commercial driver's license, or any operator of a commercial motor vehicle for which a commercial driver's license is required, from operating a commercial motor vehicle as follows:
(1)
Upon a
first
conviction for a violation of
any provision of divisions
(A)(2) to
(7)(9) of section 4506.15 of the Revised Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the Revised Code, or a
similar
law of
another state or a foreign jurisdiction, one year and upon;
(2) Upon a second conviction for a violation of any provision of divisions (A)(2) to (9) of section 4506.15 of the Revised Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the Revised Code, or a similar law of another state or a foreign jurisdiction, or any combination of such violations arising from
two or more separate
incidents, the person shall be disqualified
for life or for any
other period of time as determined by the
United States secretary
of transportation and designated by the
director of public safety
by rule;
(2)(3) Upon a first conviction for a violation of division
(A)(8)(12) of section 4506.15 of the Revised Code or a similar law of
another state or a foreign jurisdiction, three years;
(3)(4) Upon conviction of a violation of division
(A)(9)(10) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, the person shall
be disqualified
for life;
(4) Upon a first conviction for a violation of division (A)(10)
of section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, occurring in a three-year period,
the person shall be disqualified for not less than sixty days,
upon a second conviction occurring in the three-year period, the
person shall be disqualified for not less than one hundred twenty
days, and upon a subsequent conviction occurring within a
three-year period, the person shall be disqualified for not less
than one year;
(5) Upon conviction of two serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for sixty
days if the conviction results in the suspension, cancellation, or revocation of the holder's commercial driver's license or noncommercial motor vehicle driving privileges;
(6) Upon conviction of three serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for one
hundred twenty days if the conviction results in the suspension, cancellation, or revocation of the holder's commercial driver's license or noncommercial motor vehicle driving privileges.
(7) Upon a first conviction involving the operation of a commercial motor vehicle in violation of any provisions of sections 4511.61 to 4511.63 of the Revised Code or a similar law of another state or foreign jurisdiction, not less than sixty days;
(8) Upon a second conviction involving the operation of a commercial motor vehicle in violation of any provisions of sections 4511.61 to 4511.63 of the Revised Code or a similar law of another state or foreign jurisdiction within three years of the first such conviction, not less than one hundred twenty days;
(9) Upon a third or subsequent conviction involving the operation of a commercial motor vehicle in violation of any provisions of sections 4511.61 to 4511.63 of the Revised Code or a similar law of another state or foreign jurisdiction within three years of the first such conviction, not less than one year;
(10) Upon receiving notification from the federal motor carrier safety administration, the registrar shall disqualify any commercial motor vehicle driver whose driving is determined to constitute an imminent hazard as defined under federal motor carrier safety regulation 49 C.F.R. 383.52.
(C)(E) For the purposes of this section, conviction of a
violation for which disqualification is required may be evidenced
by any of the following:
(1) A judgment entry of a court of competent jurisdiction in
this or any
other state;
(2) An administrative order of a state agency of this or any
other state having
statutory jurisdiction over commercial drivers;
(3) A computer record obtained from or through the
commercial driver's license information system;
(4) A computer record obtained from or through a state
agency of this or any other state
having statutory jurisdiction
over commercial drivers or
the records of commercial drivers.
(D)(F) For purposes of this section, conviction of disqualifying offenses committed in a noncommercial motor vehicle are included if either of the following applies:
(1) The offense occurred after the person obtained the person's commercial driver's license.
(2) The offense occurs on or after September 30, 2005.
(G) If a person commits a serious traffic violation by operating a commercial motor vehicle without having a commercial driver's license in the person's possession as described in division (DD)(7) of section 4506.01 of the Revised Code and the person then submits proof to either the enforcement agency that issued the citation for the violation or to the court with jurisdiction over the case before the date of the person's initial appearance that shows that the person held a valid commercial driver's license at the time of the violation, the violation shall not be deemed to be a serious traffic violation.
(H) Any record described in division (C) of this section
shall be deemed to be self-authenticating when it is received by
the bureau of motor vehicles.
(E)(I) When disqualifying a driver, the registrar shall cause
the records of the bureau to be updated to reflect that action
within ten days after it occurs.
(F)(J) The registrar immediately shall notify a driver who is
finally convicted of any offense described in section 4506.15 of
the Revised Code or division (B)(3), (4), (5), or (6) of this section
and thereby is subject to disqualification, of the offense or
offenses involved, of the length of time for which
disqualification is to be imposed, and that the driver may
request
a hearing within thirty days of the mailing of the notice
to show
cause why the driver should not be disqualified from
operating a
commercial motor vehicle. If a request for such a hearing is not
made within thirty days of the mailing of the notice, the order
of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable
notice,
shall conduct a hearing to determine whether the
disqualification
order is supported by reliable evidence. The
registrar shall
adopt rules to implement this division.
(G)(K) Any person who is disqualified from operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended. A person
whose
commercial driver's license is suspended
shall
not apply to the
registrar for or receive a driver's license
under
Chapter 4507. of
the Revised Code during the period of
suspension.
(H)(L) The disqualifications imposed under this section are in
addition to any other penalty imposed by the Revised Code.
Sec. 4506.17. (A) Any person who drives holds a commercial driver's license or operates a commercial
motor
vehicle requiring a commercial driver's license within this state shall be deemed to have given
consent to
a test or tests of the person's
whole blood,
blood serum or
plasma, breath, or
urine for the
purpose of determining the
person's alcohol concentration or
the
presence
of any controlled
substance.
(B) A test or tests as provided in division (A) of this
section may be administered at the direction of a peace officer
having reasonable ground to stop or detain the person and, after
investigating the circumstances surrounding the operation of the
commercial motor vehicle, also having reasonable ground to
believe
the person was driving the commercial vehicle
while having a
measurable or detectable amount of alcohol or of a
controlled
substance in the person's
whole blood,
blood serum or plasma,
breath, or urine.
Any such test
shall be
given within two hours
of the time of the alleged
violation.
(C) A person requested to submit to a test under division
(A) of this section shall be advised by the peace officer
requesting the test that a refusal to submit to the test will
result in the person immediately being placed out-of-service for
a
period of twenty-four hours and being disqualified from
operating
a commercial motor vehicle for a period of not less
than one year,
and that the person is required to surrender the
person's
commercial driver's license to the peace officer.
(D) If a person refuses to submit to a test after being
warned as provided in division (C) of this section or submits to
a
test that discloses the presence of a controlled substance or,
an
alcohol concentration of four-hundredths of one per cent or
more by whole blood or breath, an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma, or an alcohol concentration of fifty-six-thousandths of one per cent or more by urine,
the person immediately
shall surrender the person's commercial
driver's
license to the
peace officer.
The peace officer shall
forward the license, together with a
sworn report, to the
registrar of motor vehicles certifying that
the test was requested
pursuant to division (A) of this section
and that the person
either refused to submit to testing or
submitted to a test that
disclosed the presence of a controlled
substance or an a prohibited alcohol
concentration of four-hundredths of one
per cent or more. The
form and contents of the report required
by this section shall be
established by the registrar by rule,
but shall contain the advice
to be read to the driver and a
statement to be signed by the
driver acknowledging that
the driver has been read
the advice and
that the form was shown to the driver.
(E) Upon receipt of a sworn report from a peace officer as
provided in division (D) of this section, the registrar shall
disqualify the person named in the report from driving a
commercial motor vehicle for the period
described below:
(1) Upon a first incident, one year;
(2) Upon an incident of refusal or of a prohibited
concentration of
alcohol after one or more previous incidents of
either refusal or of a
prohibited concentration of alcohol, the
person shall be disqualified for life
or such lesser period as
prescribed by rule by the registrar.
(F) A
test
of a person's whole blood or a person's
blood
serum or plasma given under this section shall comply
with
the
applicable provisions of division (D) of section
4511.19 of
the
Revised Code and any physician, registered nurse,
or qualified
technician, chemist,
or
phlebotomist who withdraws
whole blood
or
blood serum or plasma from a
person under this section, and any
hospital, first-aid station,
clinic,
or other facility at which
whole blood
or blood serum or plasma 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 of malpractice,
for any act
performed
in withdrawing
whole blood
or blood serum or plasma from
the person.
(G) When a person submits to a test under this section,
the
results of the test, at the person's request, shall be
made
available
to the person, the person's attorney, or
the
person's
agent, immediately upon completion
of the chemical test analysis.
The person also may have an
additional test administered by a
physician, a registered nurse,
or a qualified technician,
chemist,
or
phlebotomist of the person's own
choosing as
provided
in
division (D) of section 4511.19 of the Revised
Code for tests
administered under that section, and the failure
to obtain such a
test has the same effect as in that division.
(H) No person shall refuse to immediately surrender the
person's
commercial driver's license to a peace officer when
required to
do so by this section.
(I) A peace officer issuing an out-of-service order or
receiving a commercial driver's license surrendered under this
section may remove or arrange for the removal of any commercial
motor vehicle affected by the issuance of that order or the
surrender of that license.
(J)(1) Except for civil actions arising out of the
operation
of a motor vehicle and civil actions in which the state
is a
plaintiff, no peace officer of any law enforcement agency
within
this state is liable in compensatory damages in any civil
action
that arises under the Revised Code or common law of this
state for
an injury, death, or loss to person or property caused
in the
performance of official duties under this section and
rules
adopted under this section, unless the officer's actions were
manifestly outside the scope of the officer's employment or
official
responsibilities, or unless the officer acted with
malicious
purpose, in bad faith, or in a wanton or reckless
manner.
(2) Except for civil actions that arise out of the
operation
of a motor vehicle and civil actions in which the state
is a
plaintiff, no peace officer of any law enforcement agency
within
this state is liable in punitive or exemplary damages in
any civil
action that arises under the Revised Code or common law
of this
state for any injury, death, or loss to person or
property caused
in the performance of official duties under
this
section of the
Revised Code and rules adopted under this section,
unless the
officer's actions were manifestly outside the scope of
the
officer's employment or official responsibilities, or
unless the
officer acted with malicious purpose, in bad faith, or in a
wanton
or reckless manner.
(K) When disqualifying a driver, the registrar shall
cause
the records of the bureau of motor vehicles to be updated to
reflect the
disqualification within ten days after it occurs.
(L) The registrar immediately shall
notify a driver who is
subject to disqualification of the disqualification, of
the length
of the disqualification, and that the driver may request a hearing
within thirty days of the mailing of the notice to show cause why
the driver
should not be disqualified from operating a commercial
motor vehicle. If a
request for such a hearing is not made within
thirty days of the mailing of
the
notice, the order of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable notice,
shall
conduct a hearing to determine whether the disqualification
order is supported
by reliable evidence. The registrar shall
adopt rules to implement this
division.
(M) Any person who is disqualified from
operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a
commercial motor vehicle, provided the person's commercial
driver's license is
not otherwise suspended. A person
whose
commercial driver's
license
is suspended
shall
not apply to the
registrar for or receive
a
driver's license under
Chapter 4507. of
the
Revised Code
during the period of suspension.
(N)
Whoever violates division (H) of this section is
guilty
of a misdemeanor of the first degree.
Sec. 4506.20. (A) Each employer shall require every
applicant for
employment as a driver of a commercial motor vehicle
to provide the applicant's employment history for the ten years preceding the date the employment application is submitted to the prospective employer. The following
information
specified in section 4506.20 of the
Revised Code shall be submitted:
(1) A list of the names and addresses of the applicant's previous employers for which the applicant was the operator of a commercial motor vehicle;
(2) The dates the applicant was employed by these employers;
(3) The reason for leaving each of these employers.
(B) No employer shall knowingly permit or authorize any
driver employed
by
the employer to drive a commercial motor
vehicle during any
period in which any of the
following apply:
(1) The driver's commercial driver's license is suspended,
revoked, or
canceled by any state or a foreign jurisdiction;
(2) The driver has lost
the privilege to drive, or
currently is
disqualified from driving, a commercial motor vehicle
in any state or foreign
jurisdiction;
(3) The driver, the commercial motor vehicle the driver is driving, or the motor carrier operation is subject to an out-of-service order in any
state or
foreign jurisdiction;
(4) The driver has more than one driver's license.
(C)
No employer shall knowingly permit or authorize a
driver to operate a commercial motor vehicle in violation of
section 4506.15 of the Revised Code.
(D)(1) Whoever violates division (A) or (B) of this section is guilty of a misdemeanor
of
the
first degree.
(2) Whoever violates division (C) of this section may be assessed a fine not to exceed ten thousand
dollars.
Sec. 4506.23. Within the jurisdictional limits of his the
appointing authority, any peace officer shall stop and detain any
person found violating section 4506.15 of the Revised Code,
without obtaining a warrant. When there is reasonable ground to
believe that a violation of section 4506.15 of the Revised Code
has been committed and a test or tests of the person's whole blood, blood plasma or blood serum,
breath, or urine is necessary, the peace officer shall take the
person to an appropriate place for testing. If a person refuses
to submit to a test after being warned as provided in division
(C) of section 4506.17 of the Revised Code or submits to a test
that discloses the presence of a controlled substance or an
alcohol concentration of four-hundredths of one per cent or more by whole blood or breath, an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma, or an alcohol concentration of fifty-six-thousandths of one per cent or more by urine,
the peace officer shall require that the person immediately
surrender his the person's commercial driver's license to the
peace officer.
As used in this section, "jurisdictional limits" means the
limits within which a peace officer may arrest and detain a
person without a warrant under section 2935.03 of the Revised
Code, except that the superintendent and the troopers of the
state highway patrol may stop and detain, without warrant, any
person who, in the presence of the superintendent or any trooper,
is engaged in the violation of this chapter.
Sec. 4506.25. (A) As used in this section:
(1), "Commercial commercial motor vehicle" means any
self-propelled or towed vehicle used on public highways in
intrastate or interstate commerce to transport passengers or
property that meets any of the following specifications:
(a)(1) The vehicle has a gross vehicle weight rating
or gross combination weight rating of ten thousand one
pounds or more.
(b)(2) The vehicle is designed to transport sixteen
or more passengers, including the driver.
(c)(3) The vehicle is used in the transportation of
hazardous materials in a quantity requiring placarding under the
regulations issued by the United States secretary of transportation under the
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.
1801, as amended.
(2) "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, local,
Canadian, or Mexican jurisdiction declaring
that a driver, commercial motor vehicle, or commercial motor
carrier operation is out of service pursuant to 49 C.F.R.
386.72, 392.5, 395.13, or 396.9, as amended, laws equivalent
to those provisions, or the North
American uniform out-of-service
criteria.
(B) The registrar of
motor vehicles shall disqualify any person from operating a
commercial motor vehicle who receives a notice of a conviction
for violation of an out-of-service order issued under rules of
the public utilities commission adopted pursuant to section
4919.79, 4921.04, or 4923.20 of the
Revised Code, or a conviction for a
violation of the same or similar laws of another state or
jurisdiction applicable to vehicles in regulated
commerce.
Sec. 4507.02. (A)(1) No person shall permit the operation of
a motor
vehicle
upon
any public or private property used by the
public
for
purposes of
vehicular travel or parking knowing the
operator
does
not have a
valid driver's license issued to the
operator by
the
registrar of
motor vehicles under this chapter or
a valid
commercial driver's
license issued under Chapter 4506. of
the
Revised Code.
Whoever
violates this division is guilty of a
misdemeanor of the first
degree.
(2) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until the person surrenders to
the
registrar
all valid licenses issued to the person by another
jurisdiction
recognized by this state. All surrendered licenses
shall be
returned by the The registrar shall report the surrender of a license to the issuing authority,
together with
information that a license is now issued in this
state. The registrar shall destroy any such license that is not returned to the issuing authority. No
person shall be permitted to have more than one valid
license at
any time.
(B)(1) If a person is convicted of a violation of
section
4510.11, 4510.14,
4510.16, or
4510.21 of
the Revised Code or if
division (F) of section 4507.164
of the
Revised Code
applies, the
trial judge of any court,
in
addition to
or independent of, any
other penalties provided by
law
or
ordinance, shall impound the
identification license plates
of
any
motor vehicle registered in
the name of the person. The
court
shall send the impounded
license plates to the registrar,
who may
retain the license plates
until the driver's or
commercial
driver's license of the owner has
been reinstated or
destroy them
pursuant to section 4503.232 of
the Revised Code.
If the license plates of a person convicted of a violation
of
any provision of those
sections have been impounded
in accordance
with the provisions of
this division, the court
shall notify the
registrar of that
action. The notice shall
contain the name and
address of the
driver, the serial number of
the driver's driver's
or commercial
driver's license, the
serial numbers
of the license
plates of the
motor vehicle, and the length of
time for which the
license plates
have been impounded. The
registrar shall record
the data in the
notice as part of the
driver's permanent record.
(2) Any motor vehicle owner who has had the license plates
of a motor vehicle impounded pursuant to division
(B)(1) of
this
section may apply to the registrar, or to a deputy registrar,
for
restricted license plates
that shall conform to the
requirements of
section 4503.231 of the Revised Code. The
registrar or deputy
registrar forthwith shall notify the court of
the application
and,
upon approval of the court, shall issue
restricted license
plates to
the applicant. Until the driver's or
commercial
driver's license
of the owner is reinstated, any new
license
plates issued to the
owner also shall conform to the
requirements of
section 4503.231
of the Revised Code.
The registrar or deputy
registrar shall charge the owner of a
vehicle the
fees provided in section 4503.19 of the Revised Code
for restricted
license plates that are issued in accordance
with this
division, except upon renewal as specified in section
4503.10 of
the Revised Code, when the regular fee as provided in
section
4503.04 of the Revised Code shall be charged. The registrar or
deputy registrar shall charge the owner of a
vehicle the fees
provided in section 4503.19 of the Revised Code whenever restricted
license
plates are exchanged, by reason of the
reinstatement of
the driver's or commercial driver's license of
the owner, for
those ordinarily issued.
(3) If an owner wishes to sell a motor vehicle during the
time the restricted license plates provided under division
(B)(2)
of
this section are in use, the owner may apply to the court
that
impounded
the license plates of the motor vehicle for permission
to
transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record.
If, during the time the restricted license plates provided
under
division
(B)(2) of this section are in use, the title
to a
motor
vehicle is transferred by the foreclosure of a chattel
mortgage, a
sale upon execution, the cancellation of a
conditional
sales
contract, or by order of a court, the court
shall notify the
registrar of the action and the registrar shall
enter notice of
the transfer of the title to the motor vehicle in
the vehicle
registration record.
(C) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to
the
taxation of motor vehicles or the time within which the taxes
on
motor vehicles shall be paid.
Sec. 4508.06. (A) The director of public safety may refuse to
issue, or may
suspend or revoke, a license or may impose a fine of not more than ten thousand dollars per occurrence in any case
in
which
the director
finds the applicant or licensee has violated
any of
the provisions of
this chapter, or
any of the regulations rules
adopted
by the director, or has failed to pay a fine imposed under this division.
No person whose license has been
suspended or
revoked
under this section shall
fail to return the license to
the director.
(B) The director shall deposit all fines collected under division (A) of this section into the state treasury to the credit of the state highway safety fund created by section 4501.06 of the Revised Code.
(C) Whoever violates fails to return a license that has been suspended or revoked under division (A) of this section is guilty
of failing to return a suspended or revoked license, a minor
misdemeanor or, on a second or subsequent offense within two years
after the first offense, a misdemeanor of the fourth degree.
Sec. 4508.10. (A) A driver training school shall issue a certificate of completion to each person who successfully completes a course of instruction necessary to obtain or maintain a driver's license. The department of public safety shall provide each driver training school with the certificate of completion forms.
(B) The fee for each driver's license certificate of completion provided by the department to a driver training school is four dollars. The director of public safety shall deposit the fees collected under this section into the state treasury to the credit of the state highway safety fund created in section 4501.16 of the Revised Code.
(C) As used in this section, "driver's license" has the same meaning as in section 4507.01 of the Revised Code.
Sec. 4509.27. There is hereby created in the state treasury
the security deposit fund. All security deposits that the
registrar of motor vehicles requires to be paid under section
4509.12 of the Revised Code and that the registrar receives shall
be deposited into the fund. Moneys in the fund shall be applied
only to the payment of a judgment for damages arising out of an
accident as provided in section 4509.28 of the Revised Code and to
the return of security deposits as provided in sections 4509.25
and 4509.29 of the Revised Code. All investment earnings on the
cash balance in of the fund shall be credited to the roadwork development fund created by section 122.14 of the Revised Code.
Sec. 4511.21. (A) No person shall operate a motor
vehicle,
trackless trolley, or streetcar at a speed greater or
less than is
reasonable or proper, having due regard to the
traffic, surface,
and width of the street or highway and any
other conditions, and
no person shall drive any motor vehicle,
trackless trolley, or
streetcar in and upon any street or highway
at a greater speed
than will permit the person to bring it
to a stop within the
assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower
limit declared pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(8) and (9) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in
which
the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone.
(c) As used in this section, "school zone" means that
portion of a street or highway passing a school fronting upon the
street or highway that is encompassed by projecting the school
property lines to the fronting street or highway, and also
includes that portion of a state highway. Upon request from
local
authorities for streets and highways under their
jurisdiction and
that portion of a state highway under the
jurisdiction of the
director of transportation, the director may
extend the
traditional school zone boundaries. The distances in
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed
three hundred feet per approach per direction and are
bounded by
whichever of the following distances or combinations
thereof the
director approves as most appropriate:
(i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of
the
pavement for a principal school pupil crosswalk plus a
distance of
three hundred feet on each approach direction of the
highway.
Nothing in this section shall be construed to invalidate
the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries
are
extended as provided in divisions (B)(1)(a) and (c) of this
section.
(d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code.
The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of mental retardation
and developmental disabilities created pursuant to Chapter 5126.
of the Revised Code, and upon submission by the municipal
corporation, township, or county board of such engineering,
traffic, and other information as the director considers
necessary, designate a school zone on any portion of a state
route
lying within the municipal corporation, lying within the
unincorporated territory of the township, or lying adjacent to
the
property of a school that is operated by such county board,
that
includes a crosswalk customarily used by children going to
or
leaving a school during recess and opening and closing hours,
whenever the distance, as measured in a straight line, from the
school property line nearest the crosswalk to the nearest point
of
the crosswalk is no more than one thousand three hundred
twenty
feet. Such a school zone shall include the distance
encompassed
by the crosswalk and extending three hundred feet on
each approach
direction of the state route.
(2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys;
(3) Thirty-five miles per hour on all state routes or
through highways within municipal corporations outside business
districts, except as provided in divisions (B)(4) and (6) of this
section;
(4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations;
(5) Fifty-five miles per hour on highways outside of
municipal corporations, other than freeways as provided in
division (B)(12) of this section;
(6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the
municipal corporation;
(8) Fifty-five miles per hour at all times on freeways
with
paved shoulders inside municipal corporations, other than
freeways
as provided in division (B)(12) of this section;
(9) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided
in
division (B)(12) of this section;
(10) Fifty-five miles per hour at all times on all
portions
of freeways that are part of the interstate system and on all
portions
of freeways
that are not part of the
interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system
for
operators of any motor vehicle
weighing in excess of eight
thousand pounds empty weight and any
noncommercial bus;
(11) Fifty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of freeways that
are part of the interstate system
and that had such a speed limit
established prior to
October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate
system and that had such a speed limit established
prior to
October 1, 1995, unless a higher speed limit
is
established under division (L) of this
section;
(12) Sixty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of the following:
(a) Freeways that are part of the interstate system
and that
had such a speed limit established prior to
October 1, 1995, and
freeways that are not
part of the interstate system, but are built
to the standards and
specifications that are applicable to
freeways that are part of the interstate
system and that had such
a speed limit established prior to
October 1, 1995;
(b) Freeways that are part of the interstate system
and
freeways that are not part of the interstate system but are built
to the
standards and specifications that are applicable to
freeways that are part of
the interstate system, and that had such
a speed limit established under
division (L) of this section;
(c) Rural, divided, multi-lane highways
that are designated
as part of the national highway system under the
"National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103,
and that had such a speed limit established under division
(M) of
this section.
(C) It is prima-facie unlawful for any person to exceed
any
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4),
(6), and (7) of this section, or any declared pursuant to
this
section by the director or local authorities and it is
unlawful
for any person to exceed any of the speed
limitations
in division
(D) of this section. No person shall be convicted of
more than
one violation of this section for the same conduct,
although
violations of more than one provision of this section
may be
charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in division (B)(12) of this
section;
(2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in division (B)(12) of this section
except as
otherwise provided in division (D)(3) of this section;
(3) If a motor vehicle weighing in excess of eight
thousand
pounds empty weight or a noncommercial bus as prescribed
in
division (B)(10) of this section, at a speed exceeding
fifty-five
miles per hour upon a freeway as provided in that
division;
(4) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit of not more than
sixty-five miles per hour pursuant to
division
(L)(2) or (M) of this section;
(5) At a speed exceeding sixty-five miles per hour upon a
freeway for
which such a speed limit has been established through
the operation of
division
(L)(3) of this section;
(6) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit pursuant to division
(I)(2) of this section.
(E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges
made
in reliance upon division (C) of this section also the speed
which
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a
limit
declared pursuant to, this section declares is prima-facie
lawful
at the time and place of such alleged violation, except
that in
affidavits where a person is alleged to have driven at a
greater
speed than will permit the person to bring the
vehicle to a stop
within the assured clear distance ahead the affidavit and warrant
need not specify the speed at which the defendant is alleged to
have driven.
(F) When a speed in excess of both a prima-facie
limitation
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of
this
section is alleged, the defendant shall be charged in a
single
affidavit, alleging a single act, with a violation
indicated of
both division (B)(1)(a), (2), (3), (4), (6), or (7)
of this
section, or of a limit declared pursuant to this section
by the
director or local authorities, and of the limitation in
division
(D)(1), (2), (3), (4), (5),
or (6) of this section. If
the court finds a violation of
division (B)(1)(a), (2), (3), (4),
(6), or (7) of, or a limit
declared pursuant to, this section has
occurred, it shall enter a
judgment of conviction under such
division and dismiss the charge
under division (D)(1), (2), (3),
(4), (5), or (6) of this section. If it
finds no
violation of
division (B)(1)(a), (2), (3), (4), (6), or (7) of,
or a limit
declared pursuant to, this section, it shall then
consider whether
the evidence supports a conviction under
division (D)(1), (2),
(3), (4),
(5), or (6) of this section.
(G) Points shall be assessed for violation of a limitation
under division (D) of this section
in accordance with section
4510.036
of the Revised Code.
(H) Whenever the director determines
upon the basis of a
geometric and traffic
characteristic study that
any speed limit
set forth in divisions (B)(1)(a) to (D) of this
section is greater
or less than is reasonable or safe under the
conditions found to
exist at any portion of a street or highway under the
jurisdiction
of the director, the director shall determine and
declare a
reasonable and safe prima-facie speed limit, which
shall be
effective when appropriate signs giving notice of it are
erected
at the
location.
(I)(1) Except as provided in divisions
(I)(2) and (K) of
this section,
whenever local authorities determine upon the basis
of an
engineering and traffic investigation that the speed
permitted by
divisions (B)(1)(a) to (D) of this section, on any
part of a
highway under their jurisdiction, is greater than is
reasonable
and safe under the conditions found to exist at such
location,
the local authorities may by resolution request the
director to
determine and declare a reasonable and safe
prima-facie speed
limit. Upon receipt of such request the
director may determine
and declare a reasonable and safe
prima-facie speed limit at such
location, and if the director does
so, then such declared speed
limit shall become effective only
when appropriate signs giving
notice thereof are erected at such
location by the local
authorities. The director may withdraw the
declaration of
a
prima-facie speed limit whenever in the
director's opinion
the altered
prima-facie speed becomes
unreasonable. Upon
such withdrawal,
the declared prima-facie
speed shall become ineffective and the
signs relating thereto
shall be immediately removed by the local
authorities.
(2) A local authority may determine on the basis of a
geometric
and traffic characteristic study that the speed limit of
sixty-five miles per
hour on a portion of a freeway under its
jurisdiction that was established
through the operation of
division (L)(3) of
this section is greater than is reasonable or
safe under the conditions found
to exist at that portion of the
freeway. If the local authority makes such a
determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than
fifty-five miles per hour for that portion of the
freeway. If the director
takes such action, the declared speed
limit becomes effective only when
appropriate signs giving notice
of it are erected at such location by the
local authority.
(J) Local authorities in their respective jurisdictions
may
authorize by ordinance higher prima-facie speeds than those
stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour.
Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval
of
any altered prima-facie speed limits whenever in the
director's
opinion
any altered prima-facie speed becomes unreasonable, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this section, "unimproved highway" means a highway consisting of
any of the following:
(b) Unimproved graded and drained earth;
(2) Except as otherwise provided in divisions (K)(4) and
(5)
of this section, whenever a board of township trustees
determines
upon the basis of an engineering and traffic
investigation that
the speed permitted by division (B)(5) of this
section on any part
of an unimproved highway under its
jurisdiction and in the
unincorporated territory of the township
is greater than is
reasonable or safe under the conditions found
to exist at the
location, the board may by resolution declare a
reasonable and
safe prima-facie speed limit of fifty-five but not
less than
twenty-five miles per hour. An altered speed limit
adopted by a
board of township trustees under this division
becomes effective
when appropriate traffic control devices, as
prescribed in section
4511.11 of the Revised Code, giving notice
thereof are erected at
the location, which shall be no sooner
than sixty days after
adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway
and the board has adopted an altered prima-facie speed limit
pursuant to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall
be immediately removed.
(4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the
townships determine, upon the basis of an engineering and
traffic
investigation, that the speed permitted by division
(B)(5) of this
section is greater than is reasonable or safe
under the conditions
found to exist at the location and both
boards agree upon a
reasonable and safe prima-facie speed limit
of less than
fifty-five but not less than twenty-five miles per
hour for that
location. If both boards so agree, each shall
follow the
procedure specified in division (K)(2) of this section
for
altering the prima-facie speed limit on the highway. Except
as
otherwise provided in division (K)(4)(b) of this section, no
speed
limit altered pursuant to division (K)(4)(a) of this
section may
be withdrawn unless the boards of township trustees
of both
townships determine that the altered prima-facie speed
limit
previously adopted becomes unreasonable and each board
adopts a
resolution withdrawing the altered prima-facie speed
limit
pursuant to the procedure specified in division (K)(3)(a)
of this
section.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards
shall,
by resolution, withdraw the altered prima-facie speed
limit as
soon as the highway ceases to be unimproved. Upon the
adoption of
the resolution, the altered prima-facie speed limit
becomes
ineffective and the traffic control devices relating
thereto shall
be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway, where, for a distance of three hundred feet or more, the
frontage is improved with residences or residences and buildings
in use for business, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis
of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions
thereof
at the entrances to which vehicular traffic from the
majority of
intersecting highways is required to yield the
right-of-way to
vehicles on such highways in obedience to stop or
yield signs or
traffic control signals, is greater than is
reasonable and safe
under the conditions found to exist at the
location, the board may
by resolution declare a reasonable and
safe prima-facie speed
limit of less than fifty-five but not less
than twenty-five miles
per hour at the location. An altered
speed limit adopted by a
board of township trustees under this
division shall become
effective when appropriate signs giving
notice thereof are erected
at the location by the township.
Whenever, in the opinion of a
board of township trustees, any
altered prima-facie speed limit
established by it under this
division becomes unreasonable, it may
adopt a resolution
withdrawing the altered prima-facie speed, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township.
(L)(1) Within one
hundred twenty days of
February 29, 1996,
the director of
transportation, based upon a
geometric and traffic
characteristic
study of a
freeway that is
part of the interstate
system or that
is not part of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system, in consultation
with the
director of public
safety and, if applicable, the local
authority
having jurisdiction
over a portion of such freeway, may
determine
and declare
that the
speed limit of less than sixty-five
miles per
hour established on
such
freeway or portion of freeway
either is
reasonable and safe
or is less than
that which is
reasonable and
safe.
(2) If the established speed limit for such a freeway or
portion of
freeway is determined to be less than that which is
reasonable and safe, the
director of transportation, in
consultation with the director of public safety
and, if
applicable, the local authority having jurisdiction over the
portion
of
freeway, shall determine and declare a reasonable and
safe speed limit of not
more than sixty-five miles per hour for
that freeway or portion of freeway.
The director of transportation or local authority having
jurisdiction
over the freeway or portion of freeway shall erect
appropriate signs giving
notice of the speed limit at such
location within
one hundred fifty days of
February 29, 1996.
Such
speed
limit becomes
effective only when such
signs are
erected at
the location.
(3) If, within one hundred twenty days of
February 29,
1996, the director of
transportation does not make a
determination
and
declaration of a
reasonable and safe speed limit
for a freeway
or portion of
freeway that is part of the interstate
system or
that is not part
of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system and that has a
speed limit of
less than
sixty-five miles per hour, the speed
limit on that
freeway or
portion of a freeway shall be sixty-five
miles per
hour. The
director of transportation or local authority
having
jurisdiction
over the
freeway or portion of the freeway
shall
erect appropriate
signs giving notice
of the speed limit of
sixty-five miles per
hour at such location within one
hundred
fifty days of
February 29, 1996. Such speed
limit
becomes
effective only when such signs are erected at the
location. A
speed
limit established through the operation of
division
(L)(3)
of this section is subject to reduction
under
division (I)(2) of
this section.
(M) Within three hundred sixty days
after
February 29,
1996, the director of
transportation,
based upon a
geometric and
traffic characteristic
study of a rural, divided,
multi-lane
highway that has been
designated as part of the
national highway
system under the
"National
Highway
System
Designation
Act of
1995," 109
Stat. 568,
23
U.S.C.A.
103, in
consultation with the
director of public
safety and, if
applicable,
the
local authority
having jurisdiction
over a portion
of the highway, may
determine
and declare that the
speed limit of
less than sixty-five miles per
hour established on
the highway or
portion of highway either is
reasonable and
safe or
is less than
that which is reasonable and
safe.
If the established speed limit for the highway or portion of
highway is
determined to be less than that which is reasonable and
safe, the director of
transportation, in consultation with the
director of public safety and, if
applicable, the local authority
having jurisdiction over the portion of
highway, shall determine
and declare a reasonable and safe speed limit of not
more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the
highway or portion of highway shall erect
appropriate signs giving notice of
the speed limit at such
location within three hundred ninety days after
February 29,
1996. The speed limit becomes
effective only when
such signs are
erected at the location.
(N) (1)(a) If the boundary of two local authorities rests on the centerline of a highway and both authorities have jurisdiction over the highway, the speed limit for the part of the highway within their joint jurisdiction shall be either one of the following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division (B) of this section;
(ii) An altered speed limit determined and posted in accordance with this section.
(b) If the local authorities are unable to reach an agreement, the speed limit shall remain as established and posted under this section.
(2) Neither local authority may declare an altered prima-facie speed limit pursuant to this section on the part of the highway under their joint jurisdiction unless both of the local authorities determine, upon the basis of an engineering and traffic investigation, that the speed permitted by this section is greater than is reasonable or safe under the conditions found to exist at the location and both authorities agree upon a uniform reasonable and safe prima-facie speed limit of less than fifty-five but not less than twenty-five miles per hour for that location. If both authorities so agree, each shall follow the procedure specified in this section for altering the prima-facie speed limit on the highway, and the speed limit for the part of the highway within their joint jurisdiction shall be uniformly altered. No altered speed limit may be withdrawn unless both local authorities determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in this section.
(O) As used in this section:
(1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101.
(2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation
of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization.
(O)(P)(1) A violation of any provision of this section
is one
of the following:
(a) Except as otherwise provided in divisions
(O)(P)(1)(b),
(1)(c), (2), and
(3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of any provision of
this section or of any provision of
a municipal ordinance that is
substantially similar to any
provision of this section, a misdemeanor of the
fourth degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations
of any
provision of this section or of any
provision of a municipal ordinance that is
substantially similar
to any provision of this section, a misdemeanor of the
third
degree.
(2) If the offender has not previously been convicted of or
pleaded guilty
to a violation of any provision of this section or
of any provision of a
municipal ordinance that is substantially
similar to this section and operated
a motor vehicle faster than
thirty-five
miles an hour in a business district of a municipal
corporation,
faster than fifty miles an hour in other portions of
a municipal
corporation, or faster than thirty-five miles an hour
in a school
zone during recess or while children are going to or
leaving
school during the school's opening or closing hours, a
misdemeanor of the
fourth degree.
(3) Notwithstanding division (O)(P)(1) of this section, if the
offender operated a motor vehicle in a construction
zone where a
sign was then posted in accordance with section
4511.98 of the
Revised Code, the court, in addition to all
other
penalties
provided by law, shall impose upon the offender a fine of two
times
the usual amount
imposed for the violation. No court shall
impose a
fine of two times the usual amount imposed for the
violation upon
an offender if the offender alleges, in an
affidavit filed with the court
prior to the offender's sentencing,
that the offender is indigent
and is unable to pay the fine
imposed pursuant to this division
and if the court determines that
the offender is an indigent person
and unable to pay the fine.
Sec. 4513.34.
(A) The director of transportation with
respect
to all highways
that are a part of the state highway
system and
local authorities with respect to highways under their
jurisdiction, upon application in writing and for good cause
shown,
may issue a special permit in writing authorizing the
applicant to operate or move a vehicle or combination of vehicles
of a size or weight of vehicle or load exceeding the maximum
specified in sections 5577.01 to 5577.09 of the Revised Code, or
otherwise not in conformity with sections 4513.01 to 4513.37 of
the Revised Code, upon any highway under the jurisdiction of the
authority granting
the permit.
For purposes of this section, the director may designate
certain
state highways or portions of state highways as special
economic development
highways. If an application submitted to the
director under this section
involves travel of a nonconforming
vehicle or combination of
vehicles upon a special economic
development highway, the
director, in determining whether good
cause has been shown
that issuance of a permit is justified, shall
consider the effect
the travel of the vehicle or combination of
vehicles will have on
the economic development in the area in
which the designated
highway or portion of highway is located.
(B) Notwithstanding sections 715.22
and 723.01 of the
Revised Code, the holder of a special permit
issued by the
director under this section may move the vehicle or
combination of
vehicles described in
the special permit on
any
highway
that is
a part of the state highway system
when the
movement is
partly
within and partly without the corporate limits
of a
municipal
corporation. No local authority shall require any
other
permit or
license or charge any license fee or other charge
against the
holder of a permit for the movement of a vehicle or
combination of
vehicles on any highway that is a part of the
state
highway
system.
The director shall not require the
holder of a
permit
issued by a local
authority
to obtain a special
permit for the
movement of vehicles
or combination of vehicles on
highways within
the jurisdiction of
the local authority. Permits
may be issued
for any period of
time not to exceed one year, as
the director in
the
director's discretion or a local
authority in its discretion
determines advisable,
or for the duration of any public
construction project.
(C) The application for a permit shall be in
the
form
that
the
director or local authority prescribes. The director
or local
authority may prescribe a permit fee to be imposed and
collected
when any permit described in this section is issued.
The
permit
fee may be in an amount sufficient to reimburse the
director or
local authority for the administrative costs incurred
in issuing
the permit, and also to cover the cost of the normal
and expected
damage caused to the roadway or a street or highway
structure as
the result of the operation of the nonconforming
vehicle or
combination of vehicles. The director, in accordance
with
Chapter
119. of the Revised Code, shall establish a schedule
of
fees for
permits issued by the director under this section.
For the purposes of this section and of rules adopted by
the
director under this section, milk transported in bulk by
vehicle
is deemed a nondivisible load.
(D) The director or local authority may issue or withhold a
permit. If a permit is to be issued, the director or local
authority may limit or prescribe conditions of operation for the
vehicle and may require the posting of a bond or other security
conditioned upon the sufficiency of the permit fee to compensate
for damage caused to the roadway or a street or highway
structure.
In addition, a local
authority, as a condition of issuance of an
overweight permit, may
require the applicant to develop and enter
into a mutual
agreement with the local authority to compensate
for
or to repair
excess damage caused to the roadway by travel
under
the permit.
For a permit that will allow travel of
a nonconforming
vehicle or combination of vehicles on a special economic
development highway, the director, as a condition of issuance, may
require the applicant to agree to make periodic payments to the
department to compensate for damage caused to the roadway by
travel under the permit.
(E) Every permit shall be carried in the vehicle or
combination
of vehicles to which it refers and shall be open to
inspection by
any police officer or authorized agent of any
authority granting
the permit. No person shall violate any of the
terms of a
permit.
(F)
The director may debar an applicant from applying for a special permit under this section upon a finding based on a reasonable belief that the applicant has done any of the following:
(1) Abused the process by repeatedly submitting false information or false travel plans or by using another company or individual's name, insurance, or escrow account without proper authorization;
(2) Failed to comply with or substantially perform under a previously issued special permit according to its terms, conditions, and specifications within specified time limits;
(3) Failed to cooperate in the application process for the special permit or in any other procedures that are related to the issuance of the special permit by refusing to provide information or documents required in a permit or by failing to respond to and correct matters related to the special permit;
(4) Accumulated repeated justified complaints regarding performance under a special permit that was previously issued to the applicant or previously failed to obtain a special permit when such a permit was required;
(5) Attempted to influence a public employee to breach ethical conduct standards;
(6) Been convicted of a criminal offense related to the application for, or performance under, a special permit, including, but not limited to, bribery, falsification, fraud or destruction of records, receiving stolen property, and any other offense that directly reflects on the applicant's integrity or commercial driver's license;
(7) Accumulated repeated convictions under a state or federal safety law governing commercial motor vehicles or a rule or regulation adopted under such a law;
(8) Accumulated repeated convictions under a law, rule, or regulation governing the movement of traffic over the public streets and highways;
(9) Failed to pay any fees associated with any permitted operation or move;
(10) Deliberately or willfully submitted false or misleading information in connection with the application for, or performance under, a special permit issued under this section.
If the applicant is a partnership, association, or corporation, the director also may debar from consideration for special permits any partner of the partnership, or the officers, directors, or employees of the association or corporation being debarred.
The director may adopt rules in accordance with Chapter 119. of the Revised Code governing the debarment of an applicant.
(G) When the director reasonably believes that grounds for debarment exist, the director shall send the person that is subject to debarment a notice of the proposed debarment. A notice of proposed debarment shall indicate the grounds for the debarment of the person and the procedure for requesting a hearing. The notice and hearing shall be in accordance with Chapter 119. of the Revised Code. If the person does not respond with a request for a hearing in the manner specified in that chapter, the director shall issue the debarment decision without a hearing and shall notify the person of the decision by certified mail, return receipt requested. The debarment period may be of any length determined by the director, and the director may modify or rescind the debarment at any time. During the period of debarment, the director shall not issue, or consider issuing, a special permit to any partnership, association, or corporation that is affiliated with a debarred person. After the debarment period expires, the person, and any partnership, association, or corporation affiliated with the person, may reapply for a special permit.
(H) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4519.58.
(A) When the clerk of
a court
of
common
pleas
issues a physical certificate of title, the clerk
shall
issue
the certificate of title
on a form and in
a manner prescribed by
the
registrar of motor vehicles. The clerk
shall file a copy of the
physical evidence for the creation of the certificate of title in
a manner
prescribed by the
registrar. A clerk may retain digital images of documents used as evidence for issuance of a certificate of title. Certified printouts of documents retained as digital images shall have the same evidentiary value as the original physical documents. The record of the issuance of the certificate of title
shall be
maintained in the
automated title processing system. The
clerk
shall sign and affix the clerk's
seal to the
original
certificate
of
title and, if there are no
liens on the
off-highway
motorcycle or
all-purpose vehicle,
shall deliver the
certificate
to the applicant or the
selling
dealer. Except as
otherwise
provided in this section, if there
are
one or more
liens on the
off-highway motorcycle or
all-purpose vehicle, the
certificate of
title shall
be delivered
to the holder of the
first lien. If the
certificate
of title is
obtained by a dealer
on behalf of the
applicant and there are one
or more liens on
the off-highway
motorcycle or all-purpose
vehicle, the clerk
shall issue a
certificate of title and may
issue a
memorandum
certificate
of
title. The certificate of
title and memorandum
certificate of
title, if
issued, shall
be
delivered to the
holder of the first
lien or the selling dealer,
who shall
deliver the certificate of
title to the
holder of the
first lien
and the memorandum
certificate of title to the
applicant. The
selling dealer also
may make arrangements with
the clerk to
have
the clerk deliver
the
memorandum certificate
of title to the
applicant.
(B) The registrar shall prescribe a uniform method of
numbering
certificates
of title. The numbering shall be in such
manner
that
the county of issuance
is indicated. Numbers shall
be
assigned to
certificates of title in the
manner prescribed by
the registrar.
The clerk shall file all certificates of
title
according to the
rules to be prescribed by the registrar, and the
clerk
shall
maintain in the clerk's office indexes for the
certificates of
title.
The clerk need not retain on file any current certificates of
title,
current duplicate
certificates of title, current
memorandum
certificates of title, or current
salvage
certificates of title,
or supporting evidence
of them,
covering
any
off-highway motorcycle or
all-purpose vehicle
for a period
longer than seven years after
the
date of their filing;
thereafter,
the
documents and
supporting evidence may be
destroyed.
The clerk need not retain
on file any inactive
records,
including certificates of title,
duplicate certificates
of
title,
or memorandum certificates of
title, or supporting
evidence
of them, including the
electronic
record
described in section
4519.55 of the Revised
Code,
covering any
off-highway motorcycle
or all-purpose
vehicle for
a period longer
than five years after
the date of
their filing;
thereafter, the
documents and
supporting
evidence may be
destroyed.
The automated title processing system shall contain all
active records and an index of the active records, and shall
contain a record and index of all inactive titles for ten years,
and a record and index of all inactive titles for manufactured and
mobile homes for thirty years. If the clerk provides a written
copy of any information contained in the database, the copy shall
be considered the original for purposes of the clerk certifying
the record of such information for use in any legal proceedings.
(C) The Except as provided in this division, the clerk shall issue a physical certificate of title to
an
applicant unless the applicant specifically requests the clerk
not
to issue a
physical certificate of title and instead to
issue an
electronic certificate
of title.
In the case of a title application that is submitted electronically to the clerk, the clerk shall issue an electronic certificate of title unless the applicant requests the issuance of a physical certificate of title. The fact that a
physical
certificate of title is
not issued for an off-highway
motorcycle
or all-purpose vehicle does
not affect ownership of
the
motorcycle
or
vehicle. In that case, when the clerk
completes
the process of
entering certificate of title
application
information into the
automated title processing
system, the
effect of the completion of
the process is the same
as if the
clerk actually issued a physical
certificate of title
for the
motorcycle or vehicle.
(D) An electronic dealer who applies for a
certificate of
title
on behalf of a customer who purchases an off-highway
motorcycle
or
all-purpose vehicle
from the dealer may print a
non-negotiable
evidence of
ownership for the customer if the
customer so
requests. The
authorization to print the
non-negotiable evidence
of ownership
shall come from the clerk
with whom the dealer makes
application
for the certificate of
title for the customer, but the
printing by
the dealer does not
create an agency relationship of
any kind
between the dealer and
the clerk.
(E)
The owner of the off-highway motorcycle or all-purpose vehicle may
apply at any time to a clerk of a court of common pleas for a
non-negotiable evidence of ownership for the off-highway
motorcycle or all-purpose vehicle.
Sec. 4749.02. The director of public safety shall administer
this chapter, and for that purpose, may appoint employees and
adopt rules that the director considers
necessary.
The director shall implement electronic licensing and registration procedures under this chapter not later than December 31, 2006. The application procedures in effect on the effective date of this amendment shall continue until such time as electronic licensing and registration procedures are implemented.
Sec. 4749.03. (A)(1) Any individual, including a partner
in a partnership, may be licensed as a private investigator under
a class B license, or as a security guard provider under a class
C license, or as a private investigator and a security guard
provider under a class A license, if the individual meets all of the
following requirements:
(a) Has a good reputation for integrity, has not been
convicted of a felony within the last twenty years or any offense
involving moral turpitude, and has not been adjudicated
incompetent for the purpose of holding the license, as provided
in section 5122.301 of the Revised Code, without having been
restored to legal capacity for that purpose.
(b) Depending upon the class of license for which
application is made, for a continuous period of at least two
years immediately preceding application for a license, has
been engaged in investigatory or security services work for a law
enforcement or other public agency engaged in investigatory
activities, or for a private investigator or security guard
provider, or engaged in the practice of law, or has acquired
equivalent experience as determined by rule of the director of
public safety.
(c) Demonstrates competency as a private
investigator or security guard provider by passing an examination
devised for this purpose by the director, except that any
individually licensed person who qualifies a corporation for
licensure shall not be required to be reexamined if the
person qualifies the corporation in the same capacity that
the person was individually licensed.
(d) Submits evidence of comprehensive general
liability
insurance coverage, or other equivalent guarantee approved by the
director in such form and in principal amounts satisfactory to
the director, but not less than one hundred thousand dollars for
each person and three hundred thousand dollars for each
occurrence for bodily injury liability, and one hundred thousand
dollars for property damage liability.
(e) Pays the requisite examination and license fees.
(2) A corporation may be licensed as a private
investigator under a class B license, or as a security guard
provider under a class C license, or as a private investigator
and a security guard provider under a class A license, if an
application for licensure is filed by an officer of the
corporation and the officer, another officer, or the
qualifying agent of
the corporation satisfies the requirements of divisions (A)(1)
and (F)(1) of this section. Officers and the statutory agent of
a corporation shall be determined in accordance with Chapter
1701. of the Revised Code.
(3) At least one partner in a partnership shall be
licensed as a private investigator, or as a security guard
provider, or as a private investigator and a security guard
provider. Partners in a partnership shall be determined as
provided for in Chapter 1775. of the Revised Code.
(B) Application An application for a class A, B, or C license shall be in
writing, under oath, to completed in the form the director prescribes. In the case of an
individual, the application shall state the applicant's name,
birth date, citizenship, physical description, current residence,
residences for the preceding ten years, current employment,
employment for the preceding seven years, experience
qualifications, the location of each of the applicant's
offices in this state, and any other information that is necessary in order
for
the director to comply with the requirements of this chapter. In
the case of a corporation, the application shall state the name
of the officer or qualifying agent filing the application; the
state in which the corporation is incorporated and the date of
incorporation; the states in which the corporation is authorized
to transact business; the name of its qualifying agent; the name
of the officer or qualifying agent of the corporation who
satisfies the requirements of divisions (A)(1) and (F)(1) of this
section and the birth date, citizenship, physical description,
current residence, residences for the preceding ten years,
current employment, employment for the preceding seven years, and
experience qualifications of that officer or qualifying agent;
and other information that the director requires. A corporation
may specify in its application information relative to one or
more individuals who satisfy the requirements of divisions (A)(1)
and (F)(1) of this section.
The application described in this division shall be accompanied by all of the following:
(1) One recent full-face photograph of the applicant or,
in the case of a corporation, of each officer or qualifying agent
specified in the application as satisfying the requirements of
divisions (A)(1) and (F)(1) of this section;
(2) One complete set of the applicant's fingerprints or,
in the case of a corporation, of the fingerprints of each officer
or qualifying agent specified in the application as satisfying
the requirements of divisions (A)(1) and (F)(1) of this section;
(3) Character references from at least five reputable
citizens for the applicant or, in the case of a corporation, for
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of
this section, each of whom has known the applicant, officer, or
qualifying agent for at least five years preceding the
application, and none of whom are connected with the applicant,
officer, or qualifying agent by blood or marriage;
(4)(3) An examination fee of twenty-five dollars for the
applicant or, in the case of a corporation, for each officer or
qualifying agent specified in the application as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section, and
a license fee of two hundred fifty in the amount the director determines, not to exceed three hundred seventy-five dollars. The license fee
shall be refunded if a license is not issued.
(C) Upon receipt of the application and accompanying
matter described in division (B) of this section, the director shall forward to the bureau of criminal
identification and investigation a request that it make an
investigation of the applicant or, in the case of a corporation,
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of
this section, to determine whether the applicant, officer, or
qualifying agent meets the requirements of division (A)(1)(a) of
this section. (1) Each individual applying for a license and each individual specified by a corporation as an officer or qualifying agent in an application shall submit one complete set of fingerprints directly to the superintendent of the bureau of criminal identification and investigation for the purpose of conducting a criminal records check. The individual shall provide the fingerprints using a method the superintendent prescribes pursuant to division (C)(2) of section 109.572 of the Revised Code and fill out the form the superintendent prescribes pursuant to division (C)(1) of section 109.572 of the Revised Code. An applicant who intends to carry a firearm as defined in section 2923.11 of the Revised Code in the course of business or employment shall so notify the superintendent. This notification is in addition to any other requirement related to carrying a firearm that applies to the applicant. The individual or corporation requesting the criminal records check shall pay the fee the superintendent prescribes.
(2) The superintendent shall conduct the criminal records check as set forth in division (B) of section 109.572 of the Revised Code. If an applicant intends to carry a firearm in the course of business or employment, the superintendent shall make a request to the federal bureau of investigation for any information and review the information the bureau provides pursuant to division (B)(2) of section 109.572 of the Revised Code. The superintendent shall submit all results of the completed investigation to the director of public safety.
(3) If the director determines that the applicant,
officer, or qualifying agent meets the requirements of divisions
(A)(1)(a), (b), and (d) of this section and that an officer or
qualifying agent meets the requirement of division (F)(1) of this
section, the director shall notify the applicant, officer, or
agent of the time and place for the examination. If the director determines
that an applicant does not meet the requirements of divisions
(A)(1)(a), (b), and (d) of this section, the director shall
notify the applicant that the applicant's application is
refused and refund the license
fee. If the director determines that none of the individuals
specified in the application of a corporation as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section meet
the requirements of divisions (A)(1)(a), (b), and (d) and (F)(1)
of this section, the director shall notify the corporation
that its application is refused and refund the license fee. If the
director requests an investigation of any applicant, officer, or
qualifying agent and if the bureau assesses the director a fee
for the any investigation, the director, in addition to any other fee
assessed pursuant to this chapter, may assess the applicant,
officer, or qualifying agent, as appropriate, a fee that is equal
to the fee assessed by the bureau.
(D) If upon application, investigation, and examination,
the director finds that the applicant or, in the case of a
corporation, any officer or qualifying agent specified in the
application as satisfying the requirements of divisions (A)(1)
and (F)(1) of this section, meets the applicable requirements,
the director shall issue the applicant or the corporation a class A, B,
or C license. The director also shall issue an identification card to an applicant, but not
an officer or qualifying agent of a corporation, who meets the
applicable requirements. The license and
identification card shall state the licensee's name, the
classification of the license, the location of the
licensee's principal place of business in this state, and the expiration
date of the license, and, in the case of a corporation, it also shall state
the name of each officer or qualifying agent who satisfied the
requirements of divisions (A)(1) and (F)(1) of this section.
Licenses expire on the first day of March following the
date of initial issue, and on the first day of March of each year
thereafter. Renewals Annual renewals shall be according to the standard renewal
procedures contained in Chapter 4745. of the Revised Code, upon
payment of a an annual renewal fee of two hundred fifty the director determines, not to exceed two hundred seventy-five dollars. No
license shall be renewed if the licensee or, in the case of a
corporation, each officer or qualifying agent who qualified the
corporation for licensure no longer meets the applicable
requirements of this section. No license shall be renewed unless
the licensee provides evidence of workers' compensation risk
coverage and unemployment compensation insurance coverage, other
than for clerical employees and excepting sole proprietors who are exempted
therefrom, as provided for in Chapters 4123.
and 4141. of the Revised Code, respectively, as well as the
licensee's state tax identification number. No reexamination
shall be required for renewal of a current license.
For purposes of this chapter, a class A, B, or C license
issued to a corporation shall be considered as also having
licensed the individuals who qualified the corporation for
licensure, for as long as they are associated with the
corporation.
For purposes of this division, "sole proprietor" means an individual
licensed under this chapter who does not employ any other individual.
(E) The director may issue a duplicate copy of a license
issued under this section for the purpose of replacement of a
lost, spoliated, or destroyed license, upon payment of a fee
fixed by the director determines, not exceeding twenty-five dollars. Any
change in license classification requires new application and
application fees.
(F)(1) In order to qualify a corporation for a class A, B,
or C license, an officer or qualifying agent may qualify another
corporation for similar licensure, provided that the officer or
qualifying agent is actively engaged in the business of both corporations.
(2) Each officer or qualifying agent who qualifies a
corporation for class A, B, or C licensure shall surrender any
personal license of a similar nature that the officer or
qualifying agent possesses.
(3) Upon written notification to the director, completion
of an application similar to that for original licensure,
surrender of the corporation's current license, and payment of a
twenty-five dollar fee, a corporation's class A, B, or C license
may be transferred to another corporation.
(4) Upon written notification to the director, completion
of an application similar to that for an individual seeking class
A, B, or C licensure, payment of a twenty-five dollar fee, and,
if the individual was the only individual that qualified a
corporation for licensure, surrender of the corporation's license, any officer
or qualifying agent who qualified a corporation for licensure under
this chapter may obtain a similar license in the
individual's own name without reexamination. A request by an officer or
qualifying agent for an individual license shall not affect a corporation's
license
unless the individual is the only individual that qualified
the corporation for licensure or all the other individuals who qualified the
corporation for licensure submit such requests.
(G) If a corporation is for any reason no longer
associated with an individual who qualified it for licensure
under this chapter, an officer of the corporation shall notify
the director of that fact by certified mail, return receipt
requested, within ten days after the association terminates. If
the notification is so given, the individual was the only
individual that qualified the corporation for licensure, and the
corporation submits the name of another officer or qualifying
agent to qualify the corporation for the license within thirty
days after the association terminates, the corporation may
continue to operate in the business of private investigation, the
business of security services, or both businesses in this state
under that license for ninety days after the association
terminates. If the officer or qualifying agent whose name is
submitted satisfies the requirements of divisions (A)(1) and
(F)(1) of this section, the director shall issue a new license to
the corporation within that ninety-day period. The names of more
than one individual may be submitted.
Sec. 4749.06. (A)
Each class A, B, or C licensee shall
register
the licensee's investigator or security guard
employees,
with the
department of public safety, which shall
maintain a
record of each licensee and registered employee and make it
available, upon
request, to any law enforcement
agency.
The class
A, B, or C
licensee shall file an
application to register
a new
employee no
sooner than three days
nor later than seven
calendar
days after the date
on which the
employee
is hired.
(B)(1)
Each employee's registration application shall be
accompanied by one
complete set of
the employee's
fingerprints,
one recent
photograph of the employee,
the
employee's physical
description, and an
eighteen-dollar the
registration fee the director determines, not to exceed forty dollars.
(2) If the director of public safety requests the
bureau of
criminal
identification and investigation to conduct an
investigation of
a
licensee's employee and if the bureau assesses
the
director
a fee
for the investigation, the
director, in
addition to any other fee
assessed pursuant to this chapter,
may
assess the
licensee a fee
that is equal to the fee
assessed by
the bureau. The employee shall submit one complete set of fingerprints directly to the superintendent of the bureau of criminal identification and investigation for the purpose of conducting a criminal records check. The employee shall provide the fingerprints using a method the superintendent prescribes pursuant to division (C)(2) of section 109.572 of the Revised Code and fill out the form the superintendent prescribes pursuant to division (C)(1) of section 109.572 of the Revised Code. An employee who intends to carry a firearm as defined in section 2923.11 of the Revised Code in the course of business or employment shall so notify the superintendent. This notification is in addition to any other requirement related to carrying a firearm that applies to the employee. The individual or corporation requesting the criminal records check shall pay the fee the superintendent prescribes.
The superintendent shall conduct the criminal records check as set forth in division (B) of section 109.572 of the Revised Code. If an employee intends to carry a firearm in the course of business or employment, pursuant to division (B)(2) of section 109.572 of the Revised Code the superintendent shall make a request of the federal bureau of investigation for any information and review the information the bureau provides. The superintendent shall submit all results of the completed investigation to the director of public safety.
(3)
If, after
investigation, the bureau finds that the
employee
has not been
convicted of a felony within the
last
twenty years,
the
director
shall issue
to the
employee an
identification card
bearing
the
license number
and
signature of
the licensee, which
in the
case of
a corporation
shall be the signature of its
president or
its
qualifying agent,
and containing the
employee's
name, address,
age, physical description,
and right
thumb print
or other
identifying mark as the director prescribes,
a recent
photograph
of the employee, and
the employee's
signature.
The director
may issue a duplicate of a lost,
spoliated, or destroyed
identification card issued under this
section, upon payment of a
fee fixed by the
director, not exceeding five
dollars.
(C)
Except as provided in division (E) of this section,
no
class A, B, or C licensee shall permit an employee,
other than an
individual who qualified a
corporation for
licensure, to engage in
the business of private
investigation,
the business of security
services, or both
businesses until the
employee
receives an
identification card from the department,
except that
pending the
issuance of an identification card, a
class A, B, or C
licensee
may offer for hire security guard or
investigator
employees
provided the licensee obtains a waiver
from the person
who
receives, for hire, security guard or
investigative services,
acknowledging that the person is aware
the employees have not
completed their registration and
agreeing
to their employment.
(D) If a class A, B, or C licensee, or a
registered
employee
of a class A, B, or C licensee, intends to carry a
firearm, as
defined in section 2923.11 of the Revised Code, in
the
course of
engaging in the business or employment,
the
licensee or
registered employee
shall
satisfactorily complete a firearms
basic
training program
that includes twenty hours of handgun
training
and five hours of
training in the use of other firearms,
if any
other firearm is to
be used, or equivalency training, if
authorized,
or shall be a
former peace officer who previously had
successfully completed a
firearms training course, shall receive a
certificate of
satisfactory completion of that program or written
evidence of
approval of the equivalency training, shall file an
application
for registration, shall receive a firearm-bearer
notation on
the licensee's or registered employee's
identification card, and shall annually requalify
on a firearms
range, all as described in division (A) of section
4749.10 of the
Revised Code. A private investigator, security
guard provider,
or
employee is authorized to carry a firearm only
in accordance
with
that division.
(E) This section does not apply to commissioned peace
officers,
as defined in division (B) of section 2935.01 of the
Revised
Code,
working for, either as an employee or independent
contractor, a class
A, B, or C licensee. For purposes of this
chapter,
a commissioned peace officer is an employee exempt from
registration.
(F) The registration of an investigator or security guard employee expires annually on the anniversary date of its initial issuance. Annual renewals shall be made pursuant to procedures the director establishes by rule and upon payment of a renewal fee the director determines, not to exceed thirty-five dollars. The director shall not renew the registration of any investigator or security guard employee who no longer meets the requirements of this section. No background check is required for annual renewal, but an investigator or security guard employee shall report any felony conviction to the employer and the director of public safety as a condition of continued registration.
Sec. 4749.10. (A) No class A, B, or C licensee and no
registered employee of a class A, B, or C licensee shall carry a
firearm, as defined in section 2923.11 of the Revised Code, in
the
course of engaging in the business of private investigation,
the
business of security services, or both businesses, unless all
of
the following apply:
(1) The licensee or employee either has successfully
completed a basic firearm
training program at a training school
approved by the Ohio peace
officer training commission, which
program includes twenty hours of
training in handgun use and, if
any firearm other than a handgun
is to be used, five hours of
training in the use of other
firearms, and has received a
certificate of satisfactory
completion of that program from the
executive director of the
commission; the licensee or employee
has, within three years prior to November 27, 1985, satisfactorily completed firearms training that
has been
approved by the commission as being equivalent to such a
program
and has received written evidence of approval of that
training
from the executive director of the commission;
or the licensee or
employee is a
former peace officer, as defined in section 109.71
of the Revised
Code, who previously had successfully completed a
firearms
training course at a training school approved by the Ohio
peace
officer training commission and has received a certificate
or other
evidence of satisfactory completion of that course from
the
executive director of the commission.
(2) The licensee or employee submits an application to the
director of public safety, on a form prescribed by the director, in
which the
licensee or employee requests
registration as a class A,
B, or C licensee or employee who may
carry a firearm. The
application shall be accompanied by a copy
of the certificate or
the written evidence or other evidence
described in division
(A)(1) of this section, the identification
card issued pursuant to
section 4749.03 or 4749.06 of the Revised
Code if one has
previously been issued, a statement of the duties
that will be
performed while the licensee or employee is
armed, and a fee of
ten the director determines, not to exceed fifteen
dollars. In the case of a registered employee, the statement
shall be prepared by the employing class A, B, or C licensee.
(3) The licensee or employee receives a notation on
the
licensee's or employee's identification card that
the licensee or
employee is a firearm-bearer and carries the
identification card
whenever the licensee or employee carries a firearm in the
course
of engaging in the
business of private investigation, the business
of security
services, or both businesses.
(4) At any time within the immediately preceding
twelve-month period, the licensee or employee has requalified
in
firearms use on a
firearms training range at a firearms
requalification program
certified by the Ohio peace officer
training commission
or on a
firearms training range under the
supervision of an instructor
certified by the commission and has
received a
certificate of
satisfactory requalification from the
certified program or
certified instructor, provided that this
division does not apply
to any licensee or employee prior to the
expiration of eighteen
months after the licensee's or employee's
completion of the
program described in division (A)(1) of this
section. A
certificate of satisfactory requalification is valid
and remains
in effect for twelve months from the date of the
requalification.
(5) If division (A)(4) of this section applies to the
licensee or employee, the licensee or employee carries
the
certificate of satisfactory
requalification that then is in effect
or any other evidence of
requalification issued or provided by the
director.
(B)(1) The director of public safety shall register an
applicant
under division (A) of this section who satisfies
divisions (A)(1)
and (2) of this section, and place a notation on
the applicant's
identification card indicating that the applicant
is a
firearm-bearer and the date on which the applicant completed
the
program described in division (A)(1) of this section.
(2) A firearms requalification training program or
instructor certified by the commission for the annual
requalification of class A, B, or C licensees or employees who
are
authorized to carry a firearm under section 4749.10 of the
Revised
Code shall award a certificate of satisfactory
requalification to
each class A, B, or C licensee or registered
employee of a class
A, B, or C licensee who satisfactorily
requalifies in firearms
training. The certificate shall identify
the licensee or employee
and indicate the date of the
requalification. A licensee or
employee who receives such a
certificate shall submit a copy of it
to the director of
public safety. A licensee shall submit the copy of
the
requalification certificate at the same time that the
licensee
makes
application for renewal of the licensee's class A, B, or C
license. The
director shall keep a record of all copies of
requalification
certificates the director receives under this
division and
shall establish
a procedure for the updating of
identification cards to provide
evidence of compliance with the
annual requalification
requirement. The procedure for the
updating of identification
cards may provide for the issuance of a
new card containing the
evidence, the entry of a new notation
containing the evidence on
the existing card, the issuance of a
separate card or paper
containing the evidence, or any other
procedure determined by the
director to be reasonable. Each
person who is issued a
requalification certificate under this
division promptly shall
pay to the Ohio peace officer training
commission
established by
section 109.71 of the Revised Code a fee
of five the director determines, not to exceed fifteen dollars, which
fee shall be transmitted to the treasurer
of state for deposit in
the peace officer private security fund
established by section
109.78 of the Revised Code.
(C) Nothing in this section prohibits a private investigator
or a security guard provider from carrying a concealed handgun if
the private investigator or security guard provider complies with
sections 2923.124 to 2923.1213 of the Revised Code.
Sec. 5501.11. (A) The functions of the department of
transportation with respect to highways shall be to do all of the following:
(A) To establish (1) Establish state highways on existing roads,
streets, and new locations and to construct, reconstruct, widen,
resurface, maintain, and repair the state system of highways and
the bridges and culverts thereon;
(B) To co-operate (2) Cooperate with the federal government in the
establishment, construction, reconstruction, improvement,
maintenance, and repair of post roads and other roads designated
by the federal authorities;
(C) To conduct (3) Conduct research and to co-operate cooperate with
organizations conducting research in matters pertaining to
highway design, construction, maintenance, material, safety, and
traffic;
(D) To co-operate (4) Cooperate with the counties, municipal
corporations, townships, and other subdivisions of the state in
the establishment, construction, reconstruction, maintenance,
repair, and improvement of the public roads and bridges.
(B) To fulfill its functions under division (A) of this section, the department shall develop and maintain a pavement management system. The system shall inventory and evaluate basic road and bridge conditions throughout the state highway system and develop strategies to improve those conditions, minimize annual maintenance of the state highway system, and ensure that a disproportionate percentage of the roads and bridges on the state highway system are not due for replacement or major repair at the same time. The department shall identify and promote longer pavement life spans to lessen user delays and the disruption to traffic on the state highway system.
Sec. 5513.04. (A) Notwithstanding sections 125.12, 125.13, and
125.14 of the Revised Code, the director of transportation, after notice as provided in
sections 5513.01 and 5513.02 of the Revised Code with respect to purchase, may sell, transfer, or otherwise dispose of any item of personal property that is not needed by the department of transportation. The director may exchange any such item, in the manner provided for in this chapter, and pay the balance of the cost of such new item from funds appropriated to the department. The director also may accept a credit voucher or cash in an amount mutually agreed upon between a vendor and the department. The director shall apply the amount of any credit voucher to future purchases from that vendor and shall deposit any cash into the state treasury to the credit of the highway operating fund created in section 5735.291 of the Revised Code.
(B)(1) The director may
sell or transfer any structure, machinery, tools, equipment, parts,
material,
office furniture, or supplies unfit for use or not
needed by the department of transportation.
The director may sell or transfer any item specified in
this division to any agency of the state or a political
subdivision of the state without notice of the proposed disposal
and upon any mutually agreed upon terms. The director may
exchange any such item, in the manner provided for in this
chapter, and pay the balance of the cost of such new item from
any funds appropriated to the department. The director also may
accept a credit voucher in an amount mutually agreed upon
between a vendor and the department. The amount of the credit
voucher shall be applied to future purchases from that
vendor.
(B) Notwithstanding
sections 125.12, 125.13, and 125.14 of the
Revised
Code, the director, after
notice as provided in this chapter with respect to purchase, may
sell
(2) Before selling any passenger vehicle, van, truck, trailer, or other heavy
equipment unfit for use or not required by the department.
Prior to such sale, the
director shall notify each county, municipal corporation,
township, and school district of the sale. The director shall
similarly notify the board of trustees of any regional water and
sewer district established under Chapter 6119. of the Revised
Code, when the board has forwarded to the director the
district's name and current business address. For the purposes of this
division, the
name and current business address of a regional water and sewer
district shall be forwarded to the director once each year during
any year in which the board wishes the notification to be given. The
notice required by this division may be given by the
most economical means considered to be effective, including, but
not limited to, regular mail, electronic mail, electronic
bulletin board, and publication in a periodical or
newspaper. If after seven days following
mailing or other issuance of the
director's notice, no county, municipal corporation, township, regional water
and
sewer district, educational service center, or school district
has notified the director that
it wishes to purchase any such vehicle or other heavy
equipment,
the director may proceed with the sale under division (D)(C) of this
section. The
director
may exchange such vehicles and other
heavy equipment for new
vehicles or other heavy equipment, in the
manner provided for in sections 5513.01 to 5513.04 of the Revised Code, and
pay the balance of the cost of such new vehicles or other
heavy equipment from the funds
appropriated
to the department. The director also may elect to accept a credit voucher
from a vendor in an amount mutually agreed to by the department and the
vendor. The director shall apply the credit voucher to future
purchases from that vendor.
In an emergency situation as determined by the discretion of the director,
the director may transfer any vehicles vehicle or other
heavy equipment
that is unfit for use or not needed by the
department to any agency of the
state or political subdivision
of the state without advertising for bids and upon mutually
agreed to upon terms.
(C)(3) The director may sell or otherwise dispose of
any
structure or structural materials salvaged on the state highway
system that in the director's judgment are no longer
needed by the
department, or that, through wear or obsolescence, have become
unfit for use. The director may
transfer the structure or materials to
counties, municipal corporations, school districts, or other governmental political
subdivisions without advertising for bids and upon mutually
agreed to upon terms. The director may transfer the structure or
structures structural materials to a nonprofit corporation upon being furnished a copy
of a contract between the nonprofit corporation and a county,
municipal corporation, or other governmental political subdivision to which
the structure is to be moved pursuant to which the nonprofit
corporation must make the structure or structures structural materials available for
rent or sale within a period of three months after becoming
available for occupancy to an individual or family which has been
displaced by governmental action or which occupies substandard
housing as certified by such governmental political subdivision, without
advertising for bids. Any such transfers shall be for such
consideration as shall be determined by the director to be fair
and reasonable, and shall be upon such terms and specifications
with respect to performance and indemnity as shall be determined
necessary by the director.
When, in carrying out an improvement that replaces any
structure or structural materials, it is advantageous to dispose of the
structure or structural materials by providing in the contract for the
improvement that the structure or structural materials, or any part thereof,
shall become the property of the contractor, the director may so
proceed.
(D)(C)(1) Any item specified in division
(A), (B), or (C) of this section that has an
estimated market value greater than one thousand dollars and
that has not been sold or transferred as provided in those
divisions division (B) of this section may be sold at a public sale, as determined by the director. The director may
authorize such sale by the district deputy directors of
transportation, and the proceedings of such sale shall be
conducted in the same manner as provided for sales by the
director. The director may establish a minimum price for any item to be sold and may establish any other terms, conditions, and manner for the sale of a particular item, which may be on any basis the director determines to be most advantageous to the department. The director may reject any offer or bid for an item. The director may remove any item from a sale if it develops that a public authority has a use for the item. In any notice of a sale, the director shall include a brief description of the item to be sold, the terms and conditions of the sale, and a statement of the time, place, and manner of the sale.
Before making any sale under division
(D)(1) of this section (2)(a) If, in the opinion of the director, any item to be sold has an estimated fair market value in excess of one thousand dollars, the
director shall give post a notice of the sale by posting, for not less
than ten days, a written, typed, or printed invitation to
bidders on a traditional or electronic bulletin board in the
offices on the official web site of the department. The bulletin board shall be located
in a place open to the public during normal business hours If the district where the property is located maintains a web site, notice of the sale also shall be posted on that web site. At
least ten days before bids are to be received the sale, the director also
shall publish one notice of the sale in a periodical or
newspaper of general circulation in the region in which the
items are located. The invitation to bidders and the published
notice of the sale shall contain a brief description of the
items to be sold and a statement of the time and place where
bids will be received. The director may receive bids and make
such sale on any basis the director determines is most
advantageous to the department. A sale under division
(D)(1) (C)(2)(a) of this section shall be
made to the highest responsible bidder. If, after invitations
are issued, it develops that any public authority has use for
any of the items, the director may reject all bids and dispose
of the items as set out in this section.
(2)(b) If, in the
opinion of the director, any item specified in division
(A), (B), or (C) of this section to be sold has an
estimated fair market value of one thousand dollars or less, the
director is not required to advertise the proposed sale except
by notice posted on a traditional or electronic bulletin board
in one or more offices the official web site of the department. The bulletin board
shall be located in a place open to the public during normal
business hours. The notice shall be posted for at least five
working days and shall contain a brief description of the items
to be sold and a statement of the time and place where bids will
be received. The director may receive bids and make such sale
on any basis the director determines is most advantageous to the
department. Sale of any item using this method of advertising. A sale under division (C)(2)(b) of this section shall be made to the highest responsible bidder. If it develops
that any public authority has use for any of the items, the
director may reject all bids and dispose of the items as set out
in this section.
(E)(D) Proceeds of any sale described in this section shall
be paid into the state treasury to the credit of the state
highway operating fund or any other fund of the department as determined by
the director.
(E) Once each year, the state board of education shall provide the director with a current list of the addresses of all school districts and educational service centers in the state.
(F) As used in this section, "school:
(1) "Personal property" means any structure or structural material, machinery, tools, equipment, parts, material, office furniture, supplies, passenger vehicle, van, truck, trailer, or other heavy equipment of the department;
(2)
"School district"
means any
city school district, local school district, exempted village
school district, cooperative education
school district, and joint vocational school district, as defined
in Chapter 3311. of the Revised Code. Once each year, the state
board of education shall provide the director with a current list
of the addresses of all school districts and educational service
centers in the state.
(3) "Sale" means fixed price sale, live or internet auction, or any other type of sale determined by the director.
Sec. 5525.01. Before entering into a contract the director
of transportation shall advertise for bids for two consecutive
weeks in one newspaper of general circulation
published in the county in
which the improvement or part thereof is located, but if there
is no
such newspaper then in one
newspaper having general circulation in an
adjacent county. The director may advertise for bids in such other
publications as the director considers advisable. Such
notices shall state that plans and specifications for the improvement are on
file in the office of the director and the district deputy director of
the district in which the improvement or part thereof is
located and the time within which bids therefor will be received.
Each bidder shall be required to file with the bidder's bid
a bid guaranty in the form of a certified check or cashier's check for
an amount equal to five per cent of the bidder's bid, but in
no event more
than fifty thousand dollars, or a bid bond for ten per cent of
the bidder's bid, payable to the director, which check or
bond shall be
forthwith returned to the bidder in case the contract is awarded
to another bidder, or, in case of a successful bidder, when the
bidder has entered into a contract and furnished the bonds required by
section 5525.16 of the Revised Code. In the event the contract
is awarded to a bidder, and the bidder fails or refuses to
furnish the
bonds as required by section 5525.16 of the Revised Code, the
check or bid bond filed with the bidder's bid shall be
forfeited as
liquidated damages. No bidder shall be required either to file a
signed
contract with the bidder's bid, to enter into a
contract, or to furnish
the contract performance bond and the payment bond required by
that section until the bids have been opened and
the bidder has been notified by the director that the
bidder is awarded the
contract.
The director shall permit a bidder to withdraw the bidder's
bid from consideration, without forfeiture of the certified check or bid
bond filed with the bid, providing a written request together
with a sworn statement of the grounds for such withdrawal is
delivered within forty-eight hours after the time established for
the receipt of bids, and if the price bid was substantially lower
than the other bids, providing the bid was submitted in good
faith, and the reason for the price bid being substantially lower
was a clerical mistake evident on the face of the bid, as opposed
to a judgment mistake, and was actually due to an unintentional
and substantial arithmetic error or an unintentional omission of
a substantial quantity of work, labor, or material made directly
in the compilation of the bid. In the event the director decides
the conditions for withdrawal have not been met, the director
may award the contract to such bidder. If such bidder does not then enter
into a contract and furnish the contract bond as required by law, the
director may declare forfeited the certified check or bid bond as
liquidated damages and award the contract to the next higher
bidder or reject the remaining bids and readvertise the project
for bids. Such bidder may, within thirty days, appeal the
decision of the director to the court of common pleas of Franklin
county and the court may affirm or reverse the decision of the
director and may order the director to refund the amount of the
forfeiture. At the hearing before the common pleas court
evidence may be introduced for and against the decision of the
director. The decision of the common pleas court may be appealed
as in other cases.
The director shall require all bidders to furnish the
director under
oath, upon such printed forms as the director may prescribe,
detailed information with respect to all pending work
of the bidder, whether with the department of transportation or otherwise,
together with such other information as the director
considers necessary.
In the event a bidder fails to submit anything required to
be submitted with the bid and then fails or refuses to so submit
such at the request of the director, the failure or refusal
constitutes grounds for the director, in the director's
discretion, to declare as forfeited the bid guaranty submitted with
the bid.
The director may reject any or all bids. Except in regard to
contracts for
environmental remediation and specialty work for which there are
no classes of work set out in the rules adopted by the director, if the
director awards the contract, the director
shall award it to the lowest competent and
responsible bidder as defined by rules adopted by the director under
section 5525.05 of the Revised Code, who is qualified to
bid under sections 5525.02 to 5525.09 of the Revised Code. In regard to
contracts for environmental remediation and
specialty work for which there are no classes of work set out in
the rules adopted by the director, the director shall
competitively bid the projects in accordance with this chapter
and shall award the contracts to the lowest and best
bidder.
The award for all projects competitively let by the
director under this section shall be made within ten days after the date
on which the bids are opened, and the successful bidder shall enter
into a contract and furnish a contract performance bond and a
payment bond, as provided for in section 5525.16 of the Revised
Code, within ten days after the bidder is notified that
the bidder has been awarded the contract.
The director may insert in any contract awarded under this
chapter a clause providing for value engineering change
proposals, under which a contractor who has been awarded a
contract may propose a change in the plans and specifications of
the project that saves the department time or money on the
project without impairing any of the essential functions and
characteristics of the project such as service life,
reliability, economy of operation, ease of maintenance, safety,
and necessary standardized features. If the director adopts the
value engineering proposal, the savings from the proposal shall
be divided between the department and the contractor according
to guidelines established by the director, provided that the contractor shall
receive at least fifty per cent of the savings from the proposal. The
adoption of a
value engineering proposal does not invalidate the award of the
contract or require the director to rebid the project.
Sec. 5525.10. No Except as provided in section 5525.15 of the Revised Code, no contract for any road improvement shall be awarded for a
greater sum than the estimated cost thereof plus five per cent. The bids
received for an improvement shall be opened at the time and place stated in
the
notice and the bids shall conform to such other requirements as the director
of
transportation prescribes. If no acceptable bid is made the director may
readvertise the work at the original estimate or amend the estimate and again
proceed to advertise for bids. The director may contract for the
construction
or improvement of bridges and culverts or the grading required in connection
with an improvement and may defer making contracts for the remainder of said
improvement until such grade has become stable and solid.
Sec. 5525.15. The director of transportation may
provide that the estimate of cost of any project to be
constructed by the department by the taking of bids and awarding
of contracts shall be confidential information and so remain
until after all bids on the project have been received.
The estimate then shall be publicly
read prior to the opening of the
bids of the subject.
When the director exercises the authority conferred by this
section, all information with respect to the total estimate of
cost of the project to be built by contract and with
respect to
the estimate of cost of any particular item of work involved
therein shall be kept and regarded by the director and all the
director's
subordinates as confidential, and shall not be revealed to any
person not employed in the department, or by the United States
department of transportation in the case of projects financed in
whole or part by federal funds, until after the bids on the
project have been opened and read. Section 5517.01 of the
Revised Code with respect to the public inspection of estimates
of cost prior to the opening of bids and with respect to filing
estimates of cost in the office of the district deputy director
of transportation does not apply
when the authority conferred
by this section is exercised. This section does not prohibit the
department from furnishing estimates of cost to counties,
municipal corporations, or other local political subdivisions or
to railroad or railway companies proposing to pay any portion of
the cost of an improvement.
Section 5525.10 of the Revised Code, which provides that no
contract for any improvement shall be awarded for a greater sum
than the estimated cost thereof plus five per cent,
does not
apply in the case of any project with respect to which the
authority conferred by this section is exercised. In cases in
which the authority conferred by this section is exercised and
in which the bid of the
successful bidder exceeds the estimate, the director, before
entering into a contract, shall determine that
the bid of
the successful bidder is fair and reasonable, and as long as the
federal government imposes regulation on prices charged for
construction service, shall require the successful bidder to
certify that the bidder's bid does not exceed the maximum
permitted by
such federal regulation.
Sec. 5525.25. (A)
For
each
fiscal year, not more than
one-fifth of the department of
transportation's
capital
construction projects shall be bid
requiring a warranty as
specified in the bidding documents
and in
division (B) of this
section.
(B)
A warranty period under this section shall be:
(1) Not
more than seven years, for pavement in the case
of
new
construction;
(2) Not
more than five years, in the case of bridge painting and pavement
resurfacing
and rehabilitation;
(3) Not
more than two years, in the case of pavement
preventative
maintenance, bridge painting, pavement markings,
raised pavement
markers, guardrail, and other project items as
determined by the
director.
This section does not apply to contracts the director
makes
on behalf of a political subdivision.
Sec. 5531.09. (A) The state infrastructure bank shall consist
of the highway and transit infrastructure bank fund, the aviation
infrastructure bank fund, the rail infrastructure bank fund, and the
infrastructure bank obligations fund, which are hereby
created as funds of the
state treasury, to be administered by the director of
transportation and used for the purposes described in division
(B) of this section. The highway and transit infrastructure bank fund, the
aviation infrastructure bank fund, and the rail infrastructure bank fund
shall consist of federal grants and awards or other assistance
received by the state and eligible for deposit therein under
applicable federal law, payments received by the department in
connection with providing financial assistance for qualifying
projects under division (B) of
this section, and such other amounts as may be provided by
law. The infrastructure bank obligations fund shall
consist of such
amounts of the proceeds of obligations issued
under section 5531.10 of the Revised Code as the
director of
transportation determines with the advice of the director of budget and
management; and
such other amounts as may be provided by law.
The director of budget and management, upon the
request of the director of transportation, may transfer amounts between
the funds
created in this division, except the infrastructure bank obligations fund.
The investment earnings of each fund created by this division shall be
credited to such fund.
(B) The director of
transportation shall use the state infrastructure bank to
encourage public and private investment in transportation
facilities that contribute to the multi-modal and intermodal
transportation capabilities of the state, develop a variety of
financing techniques designed to expand the availability of
funding resources and to reduce direct state costs, maximize
private and local participation in financing projects, and
improve the efficiency of the state transportation system by
using and developing the particular advantages of each
transportation mode to the fullest extent. In furtherance of
these purposes, the director shall use the state infrastructure
bank to provide financial assistance to public or private
entities for qualified projects. Such assistance shall be in the
form of loans, loan guarantees, letters of credit, leases, lease-purchase
agreements, interest rate subsidies, debt
service reserves, and such
other forms as the director determines to be appropriate. All
fees, charges, rates of interest, payment schedules, security
for, and other terms and conditions relating to such assistance
shall be determined by the director. The highway and transit
infrastructure bank fund, the aviation infrastructure bank fund, and the rail
infrastructure bank fund may be used to pay debt service on obligations whose
proceeds have been deposited into the infrastructure bank obligations fund.
(C) The director of transportation shall
adopt rules establishing guidelines necessary for the
implementation and exercise of the authority granted by this
section, including rules for receiving, reviewing, evaluating,
and selecting projects for which financial assistance may
be approved.
(D) As used in this
section and in section 5531.10 of the Revised Code, "qualified project" means
any
public or private
transportation project as determined by the director of transportation,
including, without limitation, planning,
environmental impact studies, engineering, construction,
reconstruction, resurfacing, restoring,
rehabilitation, or replacement of public or private
transportation facilities within the state, studying the
feasibility thereof, and the acquisition of real or personal
property or interests therein; any highway, public transit,
aviation, rail, or other
transportation project eligible for financing or aid under any
federal or state program; and any project involving the
maintaining, repairing, improving, or construction of any public
or private highway, road, street, parkway, public
transit, aviation, or rail project,
and any related rights-of-way, bridges, tunnels,
railroad-highway crossings, drainage structures, signs,
guardrails, or protective structures.
(E) The general assembly finds that state infrastructure
projects, as defined in division (A)(8) of section 5531.10 of the Revised Code, and
the state infrastructure bank, will materially contribute to the economic
revitalization of areas of the state and result in improving the economic
welfare of all the people of the state. Accordingly, it is declared to be the
public purpose of the state, through operations under sections 5531.09 and
5531.10 of the Revised Code, and other applicable laws adopted pursuant to Section
13 of Article VIII, Ohio Constitution, and
other authority vested in the general assembly, to assist in and facilitate
the purposes set forth in division (B) of section 5531.10 of the Revised Code,
and to assist and cooperate with any governmental agency in achieving such
purpose purposes.
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 and disbursed as provided in the bond proceedings for such obligations. 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 Except as otherwise provided in this division, 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 municipal corporations and counties may pledge and obligate moneys received pursuant to sections 4501.04, 5709.42, 5709.79, 5735.23, 5735.27, and 5735.291 of the Revised Code to the payment of amounts payable by those municipal corporations and counties to the state infrastructure bank pursuant to section 5531.09 of the Revised Code, and the bond proceedings for obligations may provide that such payments shall constitute pledged receipts, provided such moneys are obligated, pledged, and paid only with respect to obligations issued exclusively for public transportation projects. 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. 5537.16. (A) The Ohio turnpike commission may adopt
such bylaws and rules as it considers advisable for the control
and regulation of traffic on any turnpike project, for the
protection and preservation of property under its jurisdiction
and control, and for the maintenance and preservation of good
order within the property under its control. The rules of the
commission with respect to the speed, axle loads, vehicle loads,
and vehicle dimensions of vehicles on turnpike projects, including the issuance of a special permit by the commission to allow the operation on any turnpike project of a motor vehicle transporting two or fewer steel coils, shall
apply notwithstanding sections 4511.21 to 4511.24, 4513.34, and
Chapter 5577. of the Revised Code. Such bylaws and rules shall
be published in a newspaper of general circulation in Franklin
county, and in such other manner as the commission prescribes.
(B) Such rules shall provide that public police officers
shall be afforded ready access, while in the performance of their
official duty, to all property under the jurisdiction of the
commission and without the payment of tolls.
(C) No person shall violate any such bylaws or rules of
the commission. All fines collected for the violation of
applicable laws of the state and the bylaws and rules of the
commission or moneys arising from bonds forfeited for such
violation shall be disposed of in accordance with section 5503.04
of the Revised Code.
Sec. 5537.17. (A) Each turnpike project open to traffic
shall be maintained and kept in good condition and repair by the
Ohio turnpike commission. The Ohio turnpike system shall be
policed and operated by a force of police, toll collectors, and
other employees and agents that the commission employs or
contracts for.
(B) All public or private property damaged or destroyed in
carrying out the powers granted by this chapter shall be restored
or repaired and placed in its original condition, as nearly as
practicable, or adequate compensation or consideration made
therefor out of moneys provided under this chapter.
(C) All governmental agencies may lease, lend, grant, or
convey to the commission at its request, upon terms that the
proper authorities of the governmental agencies consider
reasonable and fair and without the necessity for an
advertisement, order of court, or other action or formality,
other
than the regular and formal action of the authorities
concerned,
any property that is necessary or convenient to the
effectuation
of the purposes of the commission, including public
roads and
other property already devoted to public use.
(D) Each bridge constituting part of a turnpike project
shall be inspected at least once each year by a professional
engineer employed or retained by the commission.
(E) On or before the first day of April July in each year, the
commission shall make an annual report of its activities for the
preceding calendar year to the governor and the general assembly.
Each such report shall set forth a complete operating and
financial statement covering the commission's operations during
the year. The commission shall cause an audit of its books and
accounts to be made at least once each year by certified public
accountants, and the cost thereof may be treated as a part of the
cost of operations of the commission. The auditor of state, at
least once a year and without previous notice to the commission,
shall audit the accounts and transactions of the commission.
(F) The commission shall submit a copy of its annual audit
by the auditor of state and its proposed annual budget for each
calendar or fiscal year to the governor, the presiding officers
of
each house of the general assembly, the director of budget and
management, and
the legislative budget office of the legislative
service commission no later than the first day of that calendar
or
fiscal year.
Sec. 5543.02. The county engineer shall report to the
board of county commissioners, on or before the first day of
April June in each year, the condition of the county roads, bridges,
and culverts, and estimate the probable amount of funds required
to maintain and repair or to construct any new roads, bridges, or
culverts required within the county.
The engineer shall, on or before the first day of April June in
each year, shall make an annual estimate for the board of township
trustees of each township, setting forth the amount required by
the township for the construction, reconstruction, resurfacing,
or improvement of the public roads within their jurisdiction.
Such estimates shall relate to the year beginning on the first
day of March next ensuing, and shall be for the information of
the board of county commissioners and board of township trustees,
in the making of their annual levies.
The engineer shall approve all estimates which are paid
from county funds for the construction, improvement, maintenance,
and repair of roads and bridges by the county. He The engineer
shall approve all estimates which are paid from township funds for the
construction, reconstruction, resurfacing, or improving of roads
under sections 5571.01, 5571.06, 5571.07, 5571.15, and 5573.01 to
5573.09 of the Revised Code. He The engineer shall also approve
all estimates which are paid from the funds of a road district for the
construction, reconstruction, resurfacing, or improvement of the
roads thereof under section 5573.21 of the Revised Code.
For the construction or repair of a bridge, the
entire cost of which construction or repair exceeds fifty
thousand dollars, the county engineer may request the director of
transportation to review and comment on the plans for conformance with state
and federal requirements. If so requested, the director shall review and
comment on the plans.
Sec. 5735.05. (A) To provide revenue for maintaining the
state highway system; to widen existing surfaces on such
highways; to resurface such highways; 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 enable the
counties of the state properly to plan, maintain, and repair
their roads and to pay principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; to enable the municipal
corporations to plan, construct, reconstruct, repave, widen,
maintain, repair, clear, and clean public highways, roads, and
streets, and to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised Code for highway improvements; to enable the Ohio
turnpike commission to construct, reconstruct, maintain, and
repair turnpike projects; 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 costs apportioned to the public
under sections 4907.47 and 4907.471 of the Revised Code and to
supplement revenue already available for such purposes; to pay
the costs incurred by the public utilities commission in
administering sections 4907.47 to 4907.476 of the Revised Code;
to distribute equitably among those persons using the privilege
of driving motor vehicles upon such highways and streets the cost
of maintaining and repairing them; to pay the interest,
principal, and charges on highway capital improvements bonds and other
obligations issued
pursuant to Section 2m of Article VIII, Ohio Constitution,
and section 151.06 of the Revised Code; 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 provide
revenue for the purposes of sections 1547.71 to 1547.78 of the
Revised Code; and to pay the expenses of the department of taxation incident to the administration of the motor fuel laws, a motor fuel excise tax is hereby imposed on
all motor fuel dealers upon receipt of motor fuel within
this state at the rate of two cents plus
the cents per gallon rate on each gallon so received, to be computed in
the manner set forth in section 5735.06
of the Revised Code; provided that no tax is hereby imposed upon
the following transactions:
(1) The sale of dyed diesel fuel
by a licensed motor fuel dealer from a location other than a
retail service station provided the licensed motor fuel dealer
places on the face of the delivery document or invoice, or both
if both are used, a conspicuous notice stating that the fuel is
dyed and is not for taxable use, and that taxable use of that
fuel is subject to a penalty. The tax commissioner, by rule,
may provide that any notice conforming to rules or regulations
issued by the United States department of the
treasury or the Internal Revenue Service is sufficient notice
for the purposes of division (A)(1) of this section.
(2) The sale of K-1 kerosene to a retail service
station, except when placed directly in the fuel supply tank of a motor
vehicle. Such sale shall be rebuttably presumed to not be distributed or sold
for use or used to generate power for the operation of motor vehicles upon the
public highways or upon the waters within the boundaries of this
state.
(3) The sale of motor fuel by a licensed motor
fuel dealer to another licensed motor fuel dealer;
(4) The exportation of
motor
fuel by a licensed motor fuel dealer from
this state to any other state or foreign
country;
(5) The sale of motor fuel to the United
States
government or any of its agencies, except such tax as is
permitted by it, where such sale is evidenced by an exemption
certificate, in a form approved by the tax commissioner, executed
by the United States government or an agency thereof certifying
that the motor fuel therein identified has been purchased
for the exclusive use of the United States government or its
agency;
(6) The sale of motor fuel that is in the
process
of transportation in foreign or interstate commerce, except insofar as it may be taxable under the
Constitution and statutes of
the United States, and except as may be agreed upon in writing by
the dealer and the commissioner;
(7) The sale of motor fuel when sold
exclusively
for use in the operation of aircraft, where such sale
is
evidenced by an exemption certificate prescribed by the
commissioner and executed by the purchaser certifying that the
motor fuel purchased has been purchased for exclusive use
in the operation of aircraft;
(8) The sale for exportation of motor fuel by a licensed motor
fuel dealer to a licensed exporter type A;
(9) The sale for exportation of motor fuel by a licensed motor fuel dealer
to a licensed exporter type B, provided that the destination state
motor fuel tax has been paid or will be accrued and paid by the licensed motor
fuel dealer.
(10) The sale to a consumer of diesel fuel, by a motor fuel
dealer for delivery from a bulk lot vehicle, for consumption in operating a
vessel when the use of such fuel in a vessel would otherwise qualify for a
refund under section 5735.14 of the Revised Code.
Division (A)(1) of this section does not apply to the
sale or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the
boundaries of this state by persons permitted under regulations
of the United States department of the treasury or
of the Internal Revenue Service to so use dyed diesel fuel.
(B) The two cent motor fuel tax levied by this section
is also
for the purpose of paying the expenses of administering and
enforcing the state law relating to the registration and
operation of motor vehicles.
(C) After the tax provided for by this section on the receipt of any motor
fuel has
been paid by
the motor fuel dealer, the motor fuel may thereafter be
used, sold,
or resold by any person having lawful title to it, without
incurring liability for such tax.
If a licensed motor fuel dealer sells motor fuel
received by
the licensed
motor fuel dealer to another
licensed motor fuel dealer, the seller may deduct on the report
required by
section 5735.06 of the Revised Code the number of gallons so sold
for the month within which the motor fuel was sold or
delivered. In this event the number of gallons is deemed to have
been received by the purchaser, who shall report and pay the tax
imposed thereon.
Sec. 5735.23. (A) Out of receipts from the tax levied by
section 5735.05 of the Revised Code, the treasurer of state shall
place to the credit of the tax refund fund established by section
5703.052 of the Revised Code amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.13,
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised
Code. The treasurer of state shall then transfer the amount
required by section
5735.051 of the Revised Code to the waterways safety fund, the
amount required by section 4907.472 of the Revised Code to the
grade crossing protection fund, and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund.
(B) Except as provided in division (D) of this
section, each month the balance of the receipts from the tax
levied by section 5735.05 of the Revised Code shall be credited,
after receipt by the treasurer of state of
certification from
the commissioners of the sinking fund, as required by
section 5528.35 of the Revised Code,
that
there are sufficient moneys to the credit of the highway
obligations bond retirement fund 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, as
follows:
(1) To the state and local government highway distribution
fund, which is hereby created in the state treasury, an amount
that is the same percentage of the balance to be credited as that
portion of the tax per gallon determined under division (B)(2)(a)
of section 5735.06 of the Revised Code is of the total tax per
gallon determined under divisions (B)(2)(a) and (b) of that
section.
(2) After making the distribution to the state and local
government highway distribution fund, the remainder shall be
credited as follows:
(a) Thirty per cent to the gasoline excise tax fund for
distribution pursuant to division (A)(1) of section 5735.27 of
the Revised Code;
(b) Twenty-five per cent to the gasoline excise tax fund
for distribution pursuant to division (A)(3) of section 5735.27
of the Revised Code;
(c) Except as provided in division (D) of this
section, forty-five per cent to the highway operating fund for
distribution pursuant to division (B)(1) of section 5735.27 of
the Revised Code.
(C) From the balance in the state and local government
highway distribution fund on the last day of each month there
shall be paid the following amounts:
(1) To the local transportation improvement program fund
created by section 164.14 of the Revised Code, an amount equal to
a fraction of the balance in the state and local government
highway distribution fund, the numerator of which fraction is one
and the denominator of which fraction is that portion of the tax
per gallon determined under division (B)(2)(a) of section 5735.06
of the Revised Code;
(2) An amount equal to five cents multiplied by the number
of gallons of motor fuel sold at stations operated by the
Ohio turnpike commission, such gallonage to be certified by the
commission to the treasurer of state not later than the last day
of the month following. The funds paid to the commission
pursuant to this section shall be expended for the construction,
reconstruction, maintenance, and repair of turnpike projects,
except that the funds may not be expended for the construction of
new interchanges. The funds also may be expended for the
construction, reconstruction, maintenance, and repair of those
portions of connecting public roads that serve existing
interchanges and are determined by the commission and the
director of transportation to be necessary for the safe merging
of traffic between the turnpike and those public roads.
The remainder of the balance shall be distributed as
follows on the fifteenth day of the following month:
(a) Ten and seven-tenths per cent shall be paid to
municipal corporations for distribution pursuant to division
(A)(1) of section 5735.27 of the Revised Code and may be used for
any purpose for which payments received under that division may
be used. Beginning August 15, 2004 Through July 15, 2005, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of seven hundred forty-five thousand eight hundred seventy-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund.
(b) Five per cent shall be paid to townships for
distribution pursuant to division (A)(5) of section 5735.27 of
the Revised Code and may be used for any purpose for which
payments received under that division may be used. Beginning August 15, 2004 Through July 15, 2005, the sum of eighty-seven thousand seven hundred fifty dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of two hundred sixty-three thousand two hundred fifty dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund.
(c) Nine and three-tenths per cent shall be paid to
counties for distribution pursuant to division (A)(3) of section
5735.27 of the Revised Code and may be used for any purpose for
which payments received under that division may be used. Beginning August 15, 2004 Through July 15, 2005, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund. Beginning August 15, 2005, the sum of seven hundred forty-five thousand eight hundred seventy-five dollars shall be monthly subtracted from the amount so computed and credited to the highway operating fund.
(d) Except as provided in division (D) of this
section, the balance shall be transferred to the highway
operating fund and used for the purposes set forth in division
(B)(1) of section 5735.27 of the Revised Code.
(D) Beginning on the first day of Monthly from September to February of each fiscal year, any an amount equal to one-sixth of the amount certified in July of that year by the treasurer of state pursuant to division (Q) of section 151.01 of the Revised Code shall, from amounts
required to be
credited or
transferred to the highway operating fund pursuant to division
(B)(2)(c) or (C)(2)(d) of this
section shall, be credited or transferred to the highway capital
improvement
bond service fund created in section 151.06 of the
Revised Code. If, in any of those months, the amount available to be credited or transferred to the bond service fund is less than one-sixth of the amount so certified, the shortfall shall be added to the amount due the next succeeding month. Any amount still due at the end of the six-month period shall be credited or transferred as the money becomes available, until such time as the office of budget and management
receives certification from the treasurer of state or the treasurer of state's
designee that sufficient money has been credited
or transferred to the bond service fund to meet in full all
payments of debt service and financing costs due during the fiscal
year from that fund.
Sec. 5735.25. To provide revenue for supplying the state's
share of the cost of planning, constructing, widening, and
reconstructing the state highways; for supplying the state's
share of the cost of eliminating railway grade crossings upon
such highways; 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 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 or incurred pursuant to section 5531.09 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 or incurred pursuant to section 5531.09 of the Revised Code for highway
improvements; 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 costs apportioned to the public under section
4907.47 of the Revised Code; 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, to pay the interest,
principal, and charges on 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; 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, a motor
fuel excise tax is hereby imposed on all
motor fuel dealers upon their receipt of motor fuel
within this state, at the rate of two cents per gallon 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 shall be in addition to
the tax imposed under this chapter.
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 or incurred pursuant to section 5531.09 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 or incurred pursuant to section 5531.09 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 or incurred pursuant to section 5531.09 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
or incurred pursuant to section 5531.09 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.
(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, as determined annually by the department of transportation, 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, as determined annually by the records of the bureau of motor vehicles.
Beginning on August 15, 2003, the tax levied by section 5735.29 of the Revised Code shall be partially allocated to provide funding for townships. Each township shall receive the greater of the following two calculations:
(i) The total statewide amount credited to townships under division (A) of section 5735.291 of the Revised Code divided by the number of townships in the state at the time of the calculation;
(ii) Seventy per cent of the formula amount for that township.
(c) The total difference between the amount of money credited to townships under division (A) of section 5735.291 of the Revised Code and the total amount of money required to make all the payments specified in division (A)(5)(b) of this section shall be deducted, in accordance with division (B) of section 5735.291 of the Revised Code, from the revenues resulting from the tax levied pursuant to section 5735.29 of the Revised Code prior to crediting portions of such revenues to counties, municipal corporations, and the highway operating fund.
(d) 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
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. 5735.28. Wherever a municipal corporation is on the line of the state
highway system as designated by the director of transportation as an extension
or continuance of the state highway system, seven and one-half per cent of the
amount paid to any municipal corporation pursuant to sections 4501.04,
5735.23,
and 5735.27 of the Revised Code shall be used by it only to construct,
reconstruct, repave, widen, maintain, and repair such highways, to purchase,
erect, and maintain traffic lights and signals, and to erect and maintain
street and traffic signs and markers on such highways, or to pay principal, interest, and charges on bonds and other obligations issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for such purposes.
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 or incurred pursuant to section 5531.09 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 or incurred pursuant to section 5531.09 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, subject to section 5735.292 of the Revised Code, 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.
No municipal corporation, county, or township shall expend any revenues received from the tax levied by this section for any purpose other than one of the specific highway-related purposes stated in this section. In addition, each municipal corporation, county, or township shall use at least ninety per cent of all revenues received from the tax levied by this section to supplement, rather than supplant, other local funds used for highway-related purposes.
Section 101.02. That existing sections 109.572, 122.14, 307.12, 315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06, 4501.21, 4501.26, 4503.02, 4503.103, 4503.26, 4503.40, 4503.42, 4504.02, 4504.15, 4504.16, 4504.18, 4505.021, 4505.031, 4505.032, 4505.06, 4505.08, 4506.01, 4506.03, 4506.05, 4506.08, 4506.09, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16, 4506.17, 4506.20, 4506.23, 4506.25, 4507.02, 4508.06, 4509.27, 4511.21, 4513.34, 4519.58, 4749.02, 4749.03, 4749.06, 4749.10, 5501.11, 5513.04, 5525.01, 5525.10, 5525.15, 5525.25, 5531.09, 5531.10, 5537.16, 5537.17, 5543.02, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29 of the Revised Code
are hereby repealed.
Section 105.01. That sections 4501.12, 4501.35, 4506.02, and 4506.26 of the Revised Code are hereby repealed.
Section 200.01. 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 2006 and
the amounts in the second
column are for fiscal year 2007.
Section 203.03. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2006 |
|
|
FY 2007 |
Transportation Planning and ResearchHighway Operating Fund Group
002 |
771-411 |
|
Planning and Research - State |
|
$ |
19,000,000 |
|
$ |
19,112,000 |
002 |
771-412 |
|
Planning and Research - Federal |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
59,000,000 |
|
$ |
59,112,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Transportation Planning |
|
|
|
|
|
|
and Research |
|
$ |
59,000,000 |
|
$ |
59,112,000 |
Highway ConstructionHighway Operating Fund Group
002 |
772-421 |
|
Highway Construction - State |
|
$ |
585,240,305 |
|
$ |
578,969,730 |
002 |
772-422 |
|
Highway Construction - Federal |
|
$ |
1,021,500,000 |
|
$ |
1,131,500,000 |
002 |
772-424 |
|
Highway Construction - Other |
|
$ |
62,500,000 |
|
$ |
53,500,000 |
214 |
770-401 |
|
Infrastructure Debt Service - Federal |
|
$ |
80,182,400 |
|
$ |
105,129,400 |
214 |
772-434 |
|
Infrastructure Lease Payments - Federal |
|
$ |
12,537,100 |
|
$ |
12,536,000 |
212 |
772-426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
1,500,000 |
|
$ |
2,000,000 |
212 |
772-427 |
|
Highway Infrastructure Bank - State |
|
$ |
9,353,400 |
|
$ |
12,853,400 |
212 |
772-429 |
|
Highway Infrastructure Bank - Local |
|
$ |
12,500,000 |
|
$ |
12,500,000 |
212 |
772-430 |
|
Infrastructure Debt Reserve Title 23-49 |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
213 |
772-432 |
|
Roadway Infrastructure Bank - Local |
|
$ |
7,000,000 |
|
$ |
7,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,793,813,205 |
|
$ |
1,917,488,530 |
Highway Capital Improvement Fund Group
042 |
772-723 |
|
Highway Construction - Bonds |
|
$ |
220,000,000 |
|
$ |
150,000,000 |
Infrastructure Bank Obligations Fund Group
045 |
772-428 |
|
Highway Infrastructure Bank - Bonds |
|
$ |
180,000,000 |
|
$ |
160,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
180,000,000 |
|
$ |
160,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Construction |
|
$ |
2,193,813,205 |
|
$ |
2,227,488,530 |
Highway MaintenanceHighway Operating Fund Group
002 |
773-431 |
|
Highway Maintenance - State |
|
$ |
386,527,582 |
|
$ |
393,313,472 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
386,527,582 |
|
$ |
393,313,472 |
|
|
|
|
|
|
|
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Maintenance |
|
$ |
386,527,582 |
|
$ |
393,313,472 |
Public TransportationHighway Operating Fund Group
002 |
775-452 |
|
Public Transportation - Federal |
|
$ |
30,000,000 |
|
$ |
30,365,000 |
002 |
775-454 |
|
Public Transportation - Other |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
002 |
775-459 |
|
Elderly and Disabled Special Equipment - Federal |
|
$ |
4,595,000 |
|
$ |
4,595,000 |
212 |
775-408 |
|
Transit Infrastructure Bank - Local |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
213 |
775-460 |
|
Transit Infrastructure Bank - Local |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
39,595,000 |
|
$ |
39,960,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Public Transportation |
|
$ |
39,595,000 |
|
$ |
39,960,000 |
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 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
AviationHighway Operating Fund Group
002 |
777-472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
002 |
777-475 |
|
Aviation Administration |
|
$ |
4,007,600 |
|
$ |
4,046,900 |
213 |
777-477 |
|
Aviation Infrastructure Bank - State |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
213 |
777-478 |
|
Aviation Infrastructure Bank - Local |
|
$ |
7,000,000 |
|
$ |
7,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
14,412,600 |
|
$ |
14,451,900 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
14,412,600 |
|
$ |
14,451,900 |
AdministrationHighway Operating Fund Group
002 |
779-491 |
|
Administration - State |
|
$ |
119,624,513 |
|
$ |
121,057,898 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
119,624,513 |
|
$ |
121,057,898 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
119,624,513 |
|
$ |
121,057,898 |
Debt ServiceHighway Operating Fund Group
002 |
770-003 |
|
Administration - State - Debt Service
|
|
$ |
13,074,500 |
|
$ |
10,923,100 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
13,074,500 |
|
$ |
10,923,100 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
13,074,500 |
|
$ |
10,923,100 |
TOTAL Department of Transportation
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
2,441,047,400 |
|
$ |
2,571,306,900 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
150,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
180,000,000 |
|
$ |
160,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,841,047,400 |
|
$ |
2,881,306,900 |
Section 203.03.03. 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 $360,000,000
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 203.03.04. 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 203.03.06. 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. The
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 written requests
from the Director 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. The 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 2006 and 2007. The 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 770-401, Infrastructure Debt Service - Federal, and appropriation item 772-434, Infrastructure Lease Payments - Federal, exceed the actual and projected debt, rental, or lease payments for fiscal year 2006 or 2007, then prior to June 30, 2007, the balance may be transferred to appropriation item 772-422 upon the written request of the Director of Transportation and with the approval of the Director of Budget and Management. The transfer 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. However, the director may not make transfers
between modes and
transfers
between different funding
sources. The transfers shall be
reported
to the Controlling Board at its next regularly scheduled meeting.
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, 2005, are hereby reappropriated for the same purpose in
fiscal year 2006.
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, 2006, are hereby
reappropriated for the same purpose in fiscal
year 2007.
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, 2005, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2006 upon the request of the Director of Transportation and with the approval of the Director of Budget and Management. The 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, 2006, subject to the availability of revenue as determined by the Director of Transportation, are hereby reappropriated for the same purpose in fiscal year 2007 upon the request of the Director of Transportation and with the approval of the Director of Budget and Management. The reappropriations shall be reported to the Controlling Board.
Section 203.03.09. PUBLIC ACCESS ROADS FOR STATE FACILITIES
Of the foregoing appropriation item 772-421, Highway
Construction
- State, $4,517,500 shall be used each fiscal year
during the fiscal year
2006-2007 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 fiscal year 2006-2007 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 and support features, to and within fairground
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.
Section 203.03.10. PREVENTIVE MAINTENANCE
The Department of Transportation shall contract with an independent party to issue a yearly report on the effectiveness and progress of preventive maintenance projects that meet warranty guidelines. The Department shall issue a yearly report on or before the first day of December for three consecutive years beginning in fiscal year 2005.
The Department shall provide in its annual report data on actual and planned pavement preventive maintenance activities. The data shall include the following: (1) the total number of lane miles receiving preventive maintenance treatment, by treatment type and highway system category; (2) the total number of lane miles programmed to receive treatment; (3) the actual costs of the pavement preventive maintenance activities per lane mile, by treatment type and highway system category; (4) the total number of lane miles rehabilitated or reconstructed; and (5) the actual cost per lane mile of rehabilitated or reconstructed highway, by highway system category.
Section 203.03.12. 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
2006 or 2007, then prior to June 30, 2007, the balance
may be
transferred to appropriation item 772-421, 773-431, or
779-491 upon the written request of
the Director of Transportation and with
the approval of the
Director of Budget and Management. The transfer
shall be reported to
the Controlling Board at its next regularly
scheduled meeting.
Section 203.03.15. 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.
MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND
The Director of Budget and Management shall transfer cash in equal monthly increments totaling $133,424,000 in fiscal year 2006 and in equal monthly increments totaling $154,009,400 in fiscal year 2007 from the Highway Operating Fund, created in section 5735.291 of the Revised Code, to the Gasoline Excise Tax Fund created in division (A) of section 5735.27 of the Revised Code. The monthly amounts transferred under this section shall be distributed as follows: 42.86 per cent shall be distributed among the municipal corporations within the state under division (A)(2) of section 5735.27 of the Revised Code; 37.14 per cent shall be distributed among the counties within the state under division (A)(3) of section 5735.27 of the Revised Code; and 20 per cent shall be distributed among the townships within the state under division (A)(5)(b) of section 5735.27 of the Revised Code.
Section 203.03.18. ALTERNATIVE SOUNDPROOFING
Of the foregoing appropriation item 772-421, Highway Construction-State, up to $250,000 in fiscal year 2006 shall be used by the Department of Transportation to perform a study of alternative soundproofing methods or any alternative soundproofing techniques that could be used in Ohio as an alternative to traditional sound barriers. The Director of Transportation shall issue a report of the study findings to the chairperson and ranking minority members of the House of Representatives and Senate Transportation Committees, the Speaker of the House of Representatives, the President of the Senate, and the Minority Leaders of the House of Representatives and the Senate on or before June 30, 2006.
Section 203.06. DHS DEPARTMENT OF PUBLIC SAFETY
Highway Safety Information and EducationState Highway Safety Fund Group
036 |
761-321 |
|
Operating Expense - Information and Education |
|
$ |
3,475,147 |
|
$ |
3,645,598 |
036 |
761-402 |
|
Traffic Safety Match |
|
$ |
277,137 |
|
$ |
277,137 |
83N |
761-611 |
|
Elementary School Seat Belt Program |
|
$ |
447,895 |
|
$ |
447,895 |
831 |
761-610 |
|
Information and Education - Federal |
|
$ |
468,982 |
|
$ |
468,982 |
832 |
761-612 |
|
Traffic Safety-Federal |
|
$ |
16,577,565 |
|
$ |
16,577,565 |
844 |
761-613 |
|
Seat Belt Education Program |
|
$ |
482,095 |
|
$ |
482,095 |
846 |
761-625 |
|
Motorcycle Safety Education |
|
$ |
2,299,204 |
|
$ |
2,391,172 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
24,028,025 |
|
$ |
24,290,444 |
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 |
|
$ |
24,128,025 |
|
$ |
24,390,444 |
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.
FILM PRODUCTION REIMBURSEMENT FUND
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balance in the Film Production Reimbursement Fund (Fund 847) to the Highway Safety Fund (Fund 036) created in section 4501.06 of the Revised Code. Upon completion of the transfer, notwithstanding any other provision of law to the contrary, the Film Production Reimbursement Fund (Fund 847) is abolished.
Section 203.06.03. 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 |
|
$ |
77,257,480 |
|
$ |
73,702,629 |
4W4 |
762-410 |
|
Registrations Supplement |
|
$ |
32,480,610 |
|
$ |
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 |
|
$ |
6,551,535 |
|
$ |
6,551,535 |
849 |
762-627 |
|
Automated Title Processing Board |
|
$ |
12,818,675 |
|
$ |
13,146,218 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
132,346,868 |
|
$ |
129,119,560 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Bureau of Motor Vehicles |
|
$ |
132,586,770 |
|
$ |
129,359,462 |
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
under 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.
Section 203.06.06. ENFORCEMENT
State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
229,293,561 |
|
$ |
237,364,988 |
036 |
764-605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
2,643,022 |
|
$ |
2,670,911 |
5AY |
764-688 |
|
Traffic Safety Operating |
|
$ |
3,082,962 |
|
$ |
1,999,437 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Automated Data System |
|
$ |
7,324,524 |
|
$ |
7,544,260 |
83G |
764-633 |
|
OMVI Fines |
|
$ |
820,927 |
|
$ |
820,927 |
831 |
764-610 |
|
Patrol - Federal |
|
$ |
2,430,950 |
|
$ |
2,455,484 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
4,880,671 |
|
$ |
5,027,091 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
9,942,621 |
|
$ |
10,240,900 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
222,108 |
|
$ |
222,108 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,496,283 |
|
$ |
1,496,283 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
8,145,192 |
|
$ |
8,145,192 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
788,375 |
|
$ |
788,375 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,305,954 |
|
$ |
1,339,399 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
274,250,044 |
|
$ |
281,988,249 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
252,432 |
|
$ |
262,186 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
252,432 |
|
$ |
262,186 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
274,502,476 |
|
$ |
282,250,435 |
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 203.06.09. EMERGENCY MEDICAL SERVICES
State Highway Safety Fund Group
83M |
765-624 |
|
Operating Expenses - EMS |
|
$ |
2,587,627 |
|
$ |
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 |
|
$ |
9,006,378 |
|
$ |
9,006,378 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Medical Services |
|
$ |
9,006,378 |
|
$ |
9,006,378 |
CASH TRANSFERS OF SEAT BELT FINE REVENUES
Notwithstanding any other provision of law to the contrary, the Controlling Board, upon request of the Director of Public Safety, may approve the transfer of cash between the following four funds that receive fine revenues from enforcement of the mandatory seat belt law: the Trauma and Emergency Medical Services Fund (Fund 83M), the Elementary School Program Fund (Fund 83N), the Trauma and Emergency Medical Services Grants Fund (Fund 83P), and the Seat Belt Education Fund (Fund 844).
Section 203.06.12. 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 |
|
$ |
992,920 |
|
$ |
1,032,135 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
1,507,104 |
|
$ |
1,546,319 |
Liquor Control Fund Group
043 |
767-321 |
|
Liquor Enforcement - Operations |
|
$ |
10,120,365 |
|
$ |
10,423,976 |
TOTAL LCF Liquor Control Fund |
|
|
|
|
|
|
Group |
|
$ |
10,120,365 |
|
$ |
10,423,976 |
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 |
|
$ |
12,151,580 |
|
$ |
12,494,406 |
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 203.06.15. EMERGENCY MANAGEMENT
Federal Special Revenue Fund Group
3N5 |
763-644 |
|
U.S. DOE Agreement |
|
$ |
275,000 |
|
$ |
275,000 |
329 |
763-645 |
|
Federal Mitigation Program |
|
$ |
303,504 |
|
$ |
303,504 |
337 |
763-609 |
|
Federal Disaster Relief |
|
$ |
27,269,140 |
|
$ |
27,280,000 |
339 |
763-647 |
|
Emergency Management Assistance and Training |
|
$ |
129,622,000 |
|
$ |
129,622,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
157,469,644 |
|
$ |
157,480,504 |
State Special Revenue Fund Group
4V3 |
763-662 |
|
EMA Service and Reimbursement |
|
$ |
696,446 |
|
$ |
696,446 |
657 |
763-652 |
|
Utility Radiological Safety |
|
$ |
1,260,000 |
|
$ |
1,260,000 |
681 |
763-653 |
|
SARA Title III HAZMAT Planning |
|
$ |
271,510 |
|
$ |
271,510 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,227,956 |
|
$ |
2,227,956 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Management |
|
$ |
159,697,600 |
|
$ |
159,708,460 |
FEDERAL MITIGATION PROGRAM
The fund created by the Controlling Board known as the Disaster Relief Fund is now the Federal Mitigation Program Fund, and shall be used to plan and mitigate against future disaster costs.
The 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.
SARA TITLE III HAZMAT PLANNING
The SARA Title III HAZMAT Planning Fund (Fund 681) is entitled to
receive grant funds
from the Emergency Response Commission to
implement the Emergency Management
Agency's responsibilities under
Chapter 3750. of the Revised Code.
Section 203.06.18. ADMINISTRATION
State Highway Safety Fund Group
036 |
766-321 |
|
Operating Expense - Administration |
|
$ |
4,461,836 |
|
$ |
4,461,836 |
830 |
761-603 |
|
Salvage and Exchange - Administration |
|
$ |
22,070 |
|
$ |
22,070 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
4,483,906 |
|
$ |
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 |
|
$ |
4,983,906 |
|
$ |
4,983,906 |
Section 203.06.21. DEBT SERVICE
State Highway Safety Fund Group
036 |
761-401 |
|
Lease Rental Payments |
|
$ |
13,387,100 |
|
$ |
14,407,000 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
13,387,100 |
|
$ |
14,407,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
13,387,100 |
|
$ |
14,407,000 |
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, 2005, to June 30, 2007, under 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 under 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 the amounts of such shares from
the Highway Operating Fund (Fund 002) to
the Highway Safety Fund (Fund 036).
Section 203.06.24. REVENUE DISTRIBUTION
Holding Account Redistribution Fund Group
R24 |
762-619 |
|
Unidentified Public Safety Receipts |
|
$ |
1,885,000 |
|
$ |
1,885,000 |
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 |
TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE REFUND FUND
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balance in the Highway Patrol Fee Refund Fund (Fund R27) created in former section 4501.12 of the Revised Code to the Unidentified Public Safety Receipts Fund (Fund R24).
TOTAL Department of Public Safety
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
459,009,425 |
|
$ |
464,841,856 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,991,969 |
|
$ |
2,991,969 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
10,120,365 |
|
$ |
10,423,976 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
752,432 |
|
$ |
762,186 |
TOTAL FED Federal Revenue Special |
|
|
|
|
|
|
Fund Group |
|
$ |
157,469,644 |
|
$ |
157,480,504 |
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 |
|
$ |
632,578,835 |
|
$ |
638,735,491 |
Section 203.06.27. 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, under a plan submitted by the Department of Public Safety or as otherwise determined by the Director, shall set a cash transfer schedule totaling $57,181,700 in fiscal year 2006 and $38,502,400 in fiscal year 2007 from the Highway Operating Fund, created in section 5735.291 of the Revised Code, to the State Highway Safety Fund, created in section 4501.06 of the Revised Code. The director shall transfer the cash at such times as is determined by the transfer schedule.
Section 203.09. DEV DEPARTMENT OF DEVELOPMENT
Highway Operating Fund Group
4W0 |
195-629 |
|
Roadwork Development |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
17,699,900 |
|
$ |
17,699,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,699,900 |
|
$ |
17,699,900 |
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 its 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
Notwithstanding section 5540.151 of the Revised Code, 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, Lorain, Medina, Montgomery, Muskingum, and Stark counties and to the Rossford Transportation Improvement District in Wood County. Transportation improvement districts that have received earmarked funding from the foregoing appropriation item 195-629, Roadwork Development, in any prior year shall use the payments under this paragraph for transportation or highway project purposes authorized under Chapter 5540. of the Revised Code. Transportation improvement districts that have not received earmarked funding from the foregoing appropriation item 195-629, Roadwork Development, in any prior year 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. Any payment made under this paragraph shall not be subject to the restrictions of appropriation item 195-629, Roadwork Development.
Section 203.12. PWC PUBLIC WORKS COMMISSION
Local Transportation Improvements Fund Group
052 |
150-402 |
|
LTIP - Operating |
|
$ |
294,245 |
|
$ |
306,509 |
052 |
150-701 |
|
Local Transportation Improvement Program |
|
$ |
66,000,000 |
|
$ |
66,000,000 |
TOTAL 052 Local Transportation |
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
66,294,245 |
|
$ |
66,306,509 |
Local Infrastructure Improvements Fund Group
038 |
150-321 |
|
SCIP - Operating Expenses |
|
$ |
891,324 |
|
$ |
919,397 |
TOTAL LIF Local Infrastructure
|
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
891,324 |
|
$ |
919,397 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
67,185,569 |
|
$ |
67,225,906 |
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. The program shall be used to provide for the direct costs of district
administration of the nineteen
public works districts. Districts choosing to participate in the 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 under section 164.04
of
the Revised Code.
All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 052) in Am. Sub. H.B. 87 of the
125th
General Assembly remaining unencumbered as of June 30, 2005,
are
reappropriated for use during the period July 1, 2005, through
June 30, 2006, 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, 2006, are reappropriated
for use during the period July 1, 2006, through June 30, 2007, for
the same purposes, subject to the availability of
revenue as
determined by the Director of the Public Works
Commission.
Section 303.03. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS
Law contained in the main operating appropriations act of the
126th 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 303.06. 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 under leases and agreements relating to bonds or
notes issued by the Ohio Building Authority or
the Treasurer of
State
under 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 503.03. From July 1, 2005, through June 30, 2007, 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 92,000 pounds.
Section 503.06. Notwithstanding section 127.16 of the Revised Code, the Director of Transportation may enter into agreements as provided in this section with the United States or any department or agency of the United States, including, but not limited to, the United States Army Corps of Engineers, the United States Forest Service, the United States Environmental Protection Agency, and the United States Fish and Wildlife Service. An agreement entered into pursuant to this section shall be solely for the purpose of dedicating staff to the expeditious and timely review of environmentally related documents submitted by the Department of Transportation, as necessary for the approval of federal permits. Such agreements may include provisions for advance payment by the Department of Transportation for labor and all other identifiable costs of providing the services by the United States or any department or agency of the United States, as may be estimated by the United States, or the department or agency of the United States. Not later than thirty days after the execution of such an agreement, the Director shall submit a written report to the Controlling Board indicating the amount of the agreement, the services to be performed by the United States or the department or agency of the United States, and the circumstances giving rise to the agreement.
Section 606.03. 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.
Section 612.03. 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 612.09. Sections 109.572, 4501.26, 4503.26, 4503.40, 4503.42, 4508.06, 4508.10, 4509.27, 4749.03, 4749.06, and 4749.10 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, are entitled to go into immediate effect when this act becomes law. However, those sections as amended by this act, and the items of law which those sections as amended by this act are composed, take effect on July 1, 2005.
Section 612.12. The repeal by this act of sections 4501.12 and 4501.35 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 are entitled to go into immediate effect when this act becomes law. However, those sections as repealed by this act, and the items of law which those sections as repealed by this act are composed, go into effect on July 1, 2005.
Section 612.18. 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 615.03. 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 618.03. 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 following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 109.572 of the Revised Code as amended by Am. Sub. H.B. 117, Am. Sub. H.B. 306, Am. Sub. S.B. 53, and Am. S.B. 178, all of
the 125th General Assembly.
Section 307.12 of the Revised Code as amended by both Sub. H.B. 204 and Sub. H.B. 323 of the 125th General Assembly.
Section 2935.03 of the Revised Code as amended by Sub. H.B. 545, H.B. 675, and Am. Sub. S.B. 123 of the 124th General Assembly.