| Section 101.01. That sections 109.572, 4501.04, 4501.26, | 14 |
| 4503.02, 4503.26, 4503.40, 4503.42, 4508.06, 4509.27, 4511.191, | 15 |
| 4513.263, 4749.03, 4749.06, 4749.10, 4765.07, 4765.11, 5503.04, | 16 |
| 5513.04, 5525.01, 5525.10, 5525.15, 5531.09, 5531.10, 5537.17, | 17 |
| 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29 be | 18 |
| amended, and sections 4508.10 and 5531.11 of the Revised Code
be | 19 |
| enacted to read as follows: | 20 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 33 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 34 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 35 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 36 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 37 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 38 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 39 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 40 |
| penetration in violation of former section 2907.12 of the Revised | 41 |
| Code, a violation of section 2905.04 of the Revised Code as it | 42 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 43 |
| the Revised Code that would have been a violation of section | 44 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 45 |
| had the violation been committed prior to that date, or a | 46 |
| violation of section 2925.11 of the Revised Code that is not a | 47 |
| minor drug possession offense; | 48 |
| (2) On receipt of a request pursuant to section 5123.081 of | 53 |
| the Revised Code with respect to an applicant for employment in | 54 |
| any position with the department of mental retardation and | 55 |
| developmental disabilities, pursuant to section 5126.28 of the | 56 |
| Revised Code with respect to an applicant for employment in any | 57 |
| position with a county board of mental retardation and | 58 |
| developmental disabilities, or pursuant to section 5126.281 of the | 59 |
| Revised Code with respect to an applicant for employment in a | 60 |
| direct services position with an entity contracting with a county | 61 |
| board for employment, a completed form prescribed pursuant to | 62 |
| division (C)(1) of this section, and a set of fingerprint | 63 |
| impressions obtained in the manner described in division (C)(2) of | 64 |
| this section, the superintendent of the bureau of criminal | 65 |
| identification and investigation shall conduct a criminal records | 66 |
| check. The superintendent shall conduct the criminal records check | 67 |
| in the manner described in division (B) of this section to | 68 |
| determine whether any information exists that indicates that the | 69 |
| person who is the subject of the request has been convicted of or | 70 |
| pleaded guilty to any of the following: | 71 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 72 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 73 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 74 |
| 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 75 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 76 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 77 |
| 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 78 |
| 2925.03, or 3716.11 of the Revised Code; | 79 |
| (3) On receipt of a request pursuant to section 173.41, | 84 |
| 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed | 85 |
| form prescribed pursuant to division (C)(1) of this section, and a | 86 |
| set of fingerprint impressions obtained in the manner described in | 87 |
| division (C)(2) of this section, the superintendent of the bureau | 88 |
| of criminal identification and investigation shall conduct a | 89 |
| criminal records check with respect to any person who has applied | 90 |
| for employment in a position that involves providing direct care | 91 |
| to an older adult. The superintendent shall conduct the criminal | 92 |
| records check in the manner described in division (B) of this | 93 |
| section to determine whether any information exists that indicates | 94 |
| that the person who is the subject of the request previously has | 95 |
| been convicted of or pleaded guilty to any of the following: | 96 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 97 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 98 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 99 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 100 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 101 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 102 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 103 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 104 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 105 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 123 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 124 |
| 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 125 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 126 |
| 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 127 |
| 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 128 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 129 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 130 |
| violation of section 2925.11 of the Revised Code that is not a | 131 |
| minor drug possession offense; | 132 |
| (5) On receipt of a request pursuant to section 5111.95 or | 136 |
| 5111.96 of the Revised Code with respect to an applicant for | 137 |
| employment with a waiver agency participating in a department of | 138 |
| job and family services administered home and community-based | 139 |
| waiver program or an independent provider participating in a | 140 |
| department administered home and community-based waiver program in | 141 |
| a position that involves providing home and community-based waiver | 142 |
| services to consumers with disabilities, a completed form | 143 |
| prescribed pursuant to division (C)(1) of this section, and a set | 144 |
| of fingerprint impressions obtained in the manner described in | 145 |
| division (C)(2) of this section, the superintendent of the bureau | 146 |
| of criminal identification and investigation shall conduct a | 147 |
| criminal records check. The superintendent shall conduct the | 148 |
| criminal records check in the manner described in division (B) of | 149 |
| this section to determine whether any information exists that | 150 |
| indicates that the person who is the subject of the request
| 151 |
|
previously has been
convicted of or pleaded guilty to any of
the | 152 |
| following: | 153 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 154 |
| 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, | 155 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 156 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 157 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 158 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, | 159 |
| 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, | 160 |
| 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, | 161 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 162 |
| 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the | 163 |
| Revised Code, felonious sexual penetration in violation of former | 164 |
| section 2907.12 of the Revised Code, a violation of section | 165 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 166 |
| violation of section 2919.23 of the Revised Code that would have | 167 |
| been a violation of section 2905.04 of the Revised Code as it | 168 |
| existed prior to July 1, 1996, had the violation been committed | 169 |
| prior to that date; | 170 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 187 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 188 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 189 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 190 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 191 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 192 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 193 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 194 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 195 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 217 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 218 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 219 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 220 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 221 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 222 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 223 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 224 |
| violation of section 2905.04 of the Revised Code as it existed | 225 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 226 |
| Revised Code that would have been a violation of section 2905.04 | 227 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 228 |
| violation been committed prior to that date, a violation of | 229 |
| section 2925.11 of the Revised Code that is not a minor drug | 230 |
| possession offense, or felonious sexual penetration in violation | 231 |
| of former section 2907.12 of the Revised Code; | 232 |
| (9) On receipt of a request for a criminal records check from | 237 |
| an individual pursuant to section 4749.03 or 4749.06 of the | 238 |
| Revised Code, accompanied by a completed copy of the form | 239 |
| prescribed in division (C)(1) of this section and a set of | 240 |
| fingerprint impressions obtained in a manner described in division | 241 |
| (C)(2) of this section, the superintendent of the bureau of | 242 |
| criminal identification and investigation shall conduct a criminal | 243 |
| records check in the manner described in division (B) of this | 244 |
| section to determine whether any information exists indicating | 245 |
| that the person who is the subject of the request has been | 246 |
| convicted of or pleaded guilty to a felony in this state or in any | 247 |
| other state. If the individual indicates that a firearm will be | 248 |
| carried in the course of business, the superintendent shall | 249 |
| require information from the federal bureau of investigation as | 250 |
| described in division (B)(2) of this section. The superintendent | 251 |
| shall report the findings of the criminal records check and any | 252 |
| information the federal bureau of investigation provides to the | 253 |
| director of public safety. | 254 |
| (10) Not later than thirty days after the date the | 255 |
| superintendent receives the request, completed form, and | 256 |
| fingerprint impressions, the superintendent shall send the person, | 257 |
| board, or entity that made the request any information, other than | 258 |
| information the dissemination of which is prohibited by federal | 259 |
| law, the superintendent determines exists with respect to the | 260 |
| person who is the subject of the request that indicates that the | 261 |
| person previously has been convicted of or pleaded guilty to any | 262 |
| offense listed or described in division (A)(1), (2), (3), (4), | 263 |
(5), (6), (7), or (8), or (9) of this section, as appropriate. The | 264 |
| superintendent shall send the person, board, or entity that made | 265 |
| the request a copy of the list of offenses specified in division | 266 |
(A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this | 267 |
| section, as appropriate. If the request was made under section | 268 |
| 3701.881 of the Revised Code with regard to an applicant who may | 269 |
| be both responsible for the care, custody, or control of a child | 270 |
| and involved in providing direct care to an older adult, the | 271 |
| superintendent shall provide a list of the offenses specified in | 272 |
| divisions (A)(4) and (6) of this section. | 273 |
| (C)(1) The superintendent shall prescribe a form to obtain | 296 |
| the information necessary to conduct a criminal records check from | 297 |
| any person for whom a criminal records check is required by | 298 |
| section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, | 299 |
| 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, | 300 |
| 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or | 301 |
| 5153.111 of the Revised Code. The form that the superintendent | 302 |
| prescribes pursuant to this division may be in a tangible format, | 303 |
| in an electronic format, or in both tangible and electronic | 304 |
| formats. | 305 |
| (2) The superintendent shall prescribe standard impression | 306 |
| sheets to obtain the fingerprint impressions of any person for | 307 |
| whom a criminal records check is required by section 121.08, | 308 |
| 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 309 |
| 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, | 310 |
| 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 311 |
| Code. Any person for whom a records check is required by any of | 312 |
| those sections shall obtain the fingerprint impressions at a | 313 |
| county sheriff's office, municipal police department, or any other | 314 |
| entity with the ability to make fingerprint impressions on the | 315 |
| standard impression sheets prescribed by the superintendent. The | 316 |
| office, department, or entity may charge the person a reasonable | 317 |
| fee for making the impressions. The standard impression sheets the | 318 |
| superintendent prescribes pursuant to this division may be in a | 319 |
| tangible format, in an electronic format, or in both tangible and | 320 |
| electronic formats. | 321 |
| (3) Subject to division (D) of this section, the | 322 |
| superintendent shall prescribe and charge a reasonable fee for | 323 |
| providing a criminal records check requested under section 121.08, | 324 |
| 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 325 |
| 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, | 326 |
| 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 327 |
| Code. The person making a criminal records request under section | 328 |
| 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 329 |
| 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, | 330 |
| 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the | 331 |
| Revised Code shall pay the fee prescribed pursuant to this | 332 |
| division. A person making a request under section 3701.881 of the | 333 |
| Revised Code for a criminal records check for an applicant who may | 334 |
| be both responsible for the care, custody, or control of a child | 335 |
| and involved in providing direct care to an older adult shall pay | 336 |
| one fee for the request. | 337 |
| (D) A determination whether any information exists that | 343 |
| indicates that a person previously has been convicted of or | 344 |
| pleaded guilty to any offense listed or described in division | 345 |
| (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 346 |
| (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or | 347 |
| (b) of this section that is made by the superintendent with | 348 |
| respect to information considered in a criminal records check in | 349 |
| accordance with this section is valid for the person who is the | 350 |
| subject of the criminal records check for a period of one year | 351 |
| from the date upon which the superintendent makes the | 352 |
| determination. During the period in which the determination in | 353 |
| regard to a person is valid, if another request under this section | 354 |
| is made for a criminal records check for that person, the | 355 |
| superintendent shall provide the information that is the basis for | 356 |
| the superintendent's initial determination at a lower fee than the | 357 |
| fee prescribed for the initial criminal records check. | 358 |
| Sec. 4501.04. All moneys paid into the auto registration | 372 |
|
distribution fund under section 4501.03 of the Revised Code, | 373 |
except moneys received under sectionssection 4504.09 of the | 374 |
|
Revised Code and moneys received under section 4503.02 of the | 375 |
|
Revised Code in accordance with section 4501.13 of the Revised | 376 |
|
Code, and except moneys paid for costs of audits under section | 377 |
|
4501.03 of the Revised Code, after receipt by the treasurer of | 378 |
|
state of certifications from the commissioners of the sinking
fund | 379 |
| certifying, as required by sections 5528.15 and 5528.35 of
the | 380 |
| Revised Code, that there are sufficient moneys to the credit
of | 381 |
| the highway improvement bond retirement fund created by
section | 382 |
| 5528.12 of the Revised Code to meet in full all payments
of | 383 |
| interest, principal, and charges for the retirement of bonds
and | 384 |
| other obligations issued pursuant to Section 2g of Article
VIII, | 385 |
| Ohio Constitution, and sections 5528.10 and 5528.11 of the
Revised | 386 |
| Code, due and payable during the current calendar year,
and that | 387 |
| there are sufficient moneys to the credit of the highway | 388 |
|
obligations bond retirement fund created by section 5528.32 of
the | 389 |
| Revised Code to meet in full all payments of interest,
principal, | 390 |
| and charges for the retirement of highway obligations
issued | 391 |
| pursuant to Section 2i of Article VIII, Ohio Constitution,
and | 392 |
| sections 5528.30 and 5528.31 of the Revised Code due and
payable | 393 |
| during the current calendar year, shall be distributed as
follows: | 394 |
| (A) Thirty-four per cent of all such moneys are for the
use | 395 |
| of the municipal corporation or county which constitutes the | 396 |
|
district of registration. The portion of such money due to the | 397 |
|
municipal corporation shall be paid into its treasury forthwith | 398 |
|
upon receipt by the county auditor, and shall be used to plan, | 399 |
|
construct, reconstruct, repave, widen, maintain, repair, clear, | 400 |
|
and clean public highways, roads, and streets; to maintain and | 401 |
|
repair bridges and viaducts; to purchase, erect, and maintain | 402 |
|
street and traffic signs and markers; to purchase, erect, and | 403 |
|
maintain traffic lights and signals; to pay the principal, | 404 |
|
interest, and charges on bonds and other obligations issued | 405 |
|
pursuant to Chapter 133. of the Revised Code or incurred pursuant | 406 |
| to section 5531.09 of the Revised Code for the purpose of | 407 |
|
acquiring or constructing roads, highways, bridges, or viaducts, | 408 |
|
or acquiring or making other highway improvements for which the | 409 |
|
municipal corporation may issue bonds; and to supplement revenue | 410 |
|
already available for such purposes. | 411 |
| (C) Forty-seven per cent of all such moneys shall be for
the | 431 |
| use of the county in which the owner resides or in which the
place | 432 |
| is located at which the established business or branch
business in | 433 |
| connection with which the motor vehicle registered is
used, for | 434 |
| the planning, construction, reconstruction,
improvement, | 435 |
| maintenance, and repair of roads and highways;
maintaining and | 436 |
| repairing bridges and viaducts; and the payment
of principal, | 437 |
| interest, and charges on bonds and other
obligations issued | 438 |
| pursuant to Chapter 133. of the Revised Code
or incurred pursuant | 439 |
| to section 5531.09 of the Revised Code for the purpose of | 440 |
| acquiring or constructing roads, highways,
bridges, or viaducts or | 441 |
| acquiring or making other highway
improvements for which the board | 442 |
| of county commissioners may
issue bonds under such chapter. | 443 |
| Sec. 4503.02. An annual license tax is hereby levied upon | 473 |
|
the operation of motor vehicles on the public roads or highways, | 474 |
|
for the purpose of enforcing and paying the expense of | 475 |
|
administering the law relative to the registration and operation | 476 |
|
of such vehicles; planning, constructing, maintaining, and | 477 |
|
repairing public roads, highways, and streets; maintaining and | 478 |
|
repairing bridges and viaducts; paying the counties' proportion
of | 479 |
| the cost and expenses of cooperating with the department of | 480 |
|
transportation in the planning, improvement, and construction of | 481 |
|
state highways; paying the counties' portion of the compensation, | 482 |
|
damages, cost, and expenses of planning, constructing, | 483 |
|
reconstructing, improving, maintaining, and repairing roads; | 484 |
|
paying the principal, interest, and charges on county bonds and | 485 |
|
other obligations issued pursuant to Chapter 133. of the Revised | 486 |
|
Code or incurred pursuant to section 5531.09 of the Revised Code | 487 |
| for highway improvements; for the purpose of providing motorcycle | 488 |
| safety
and education instruction; enabling municipal corporations | 489 |
| to plan, construct,
reconstruct, repave, widen, maintain, repair, | 490 |
| clear, and clean public
highways, roads, and streets; paying the | 491 |
| principal, interest, and other
charges on municipal bonds and | 492 |
| other obligations issued pursuant to Chapter 133. of the Revised | 493 |
| Code
or incurred pursuant to section 5531.09 of the Revised Code | 494 |
| for highway improvements; to maintain and repair bridges and | 495 |
| viaducts; to
purchase, erect, and maintain street and traffic | 496 |
| signs and markers; to
purchase, erect, and maintain traffic lights | 497 |
| and signals; to supplement
revenue already available for such | 498 |
| purposes; to pay the interest, principal,
and charges on bonds and | 499 |
| other obligations issued pursuant to Section 2i of
Article VIII, | 500 |
| Ohio Constitution, and sections 5528.30 and 5528.31 of the
Revised | 501 |
| Code. Such tax shall be at the rates specified in sections 4503.04 | 502 |
|
and 4503.042 of the Revised Code. Under section 4503.04 of the | 503 |
| Revised Code,
the tax shall be paid to and collected by the | 504 |
| registrar of motor vehicles
or deputy registrar at the time of | 505 |
| making application for
registration. Under section 4503.042 of the | 506 |
| Revised Code, the
tax shall be paid to and collected by the | 507 |
registrar at the time
and manner set forth by himthe registrar by | 508 |
| rule. | 509 |
| The director of public safety may advertise for and accept | 513 |
|
sealed bids for the preparation of lists containing registration | 514 |
|
information in such form as the director authorizes. Where
the | 515 |
| expenditure
is more than five hundred dollars, the director shall | 516 |
| give notice
to bidders as provided in section 5513.01 of the | 517 |
| Revised Code as
for purchases by the department of transportation. | 518 |
| The notice
shall include the latest date, as determined by the | 519 |
| director, on
which bids will be accepted and the date, also | 520 |
| determined by the
director, on which bids will be opened by the | 521 |
| director at the
central office of the department of public safety. | 522 |
| The
contract to prepare the list shall be awarded to the lowest | 523 |
|
responsive and responsible bidder, in accordance with section | 524 |
|
9.312 of the Revised Code, provided there is compliance with the | 525 |
|
specifications. Such contract shall not extend beyond
twenty-four | 526 |
| consecutive registration periods as provided in
section 4503.101 | 527 |
| of the Revised Code. The successful bidder
shall furnish without | 528 |
| charge a complete list to the bureau of
motor vehicles, and shall | 529 |
| also furnish without charge to the
county sheriffs or chiefs of | 530 |
| police in cities, at such times and
in such manner as the director | 531 |
| determines necessary, lists of
registration information for the | 532 |
| county in which they are
situated. The registrar shall provide to | 533 |
| the successful bidder
all necessary information for the | 534 |
| preparation of such lists. | 535 |
| Sec. 4503.40. The registrar of motor vehicles shall be | 552 |
|
allowed a fee, not to exceed ten dollars, for each application | 553 |
|
received by the registrar for special state reserved license
plate | 554 |
| numbers
and the issuing of such licenses, and validation stickers, | 555 |
| in the
several series as the registrar may designate. The fee | 556 |
| shall
be in addition
to the license tax established by this | 557 |
| chapter and, where
applicable, Chapter 4504. of the Revised Code. | 558 |
| Seven dollars and
fifty cents of the fee shall be for the purpose | 559 |
| of compensating
the bureau of motor vehicles for additional | 560 |
| services required in
the issuing of such licenses, and the | 561 |
remaining two dollars and
fifty cents shall be transmitted | 562 |
deposited by the registrar to the
treasurer of state for deposit | 563 |
in the highway operatinginto the state treasury to the credit of | 564 |
the state highway safety fund created
by section 5735.2914501.06 | 565 |
| of the Revised Code. The types of motor
vehicles for which special | 566 |
| state reserved license plates may be
issued in accordance with | 567 |
| this section shall include at least
motorcycles, buses, passenger | 568 |
| cars, and noncommercial motor
vehicles. | 569 |
| Sec. 4503.42. The registrar of motor vehicles shall be | 570 |
|
allowed a fee of not to exceed thirty-five dollars, which shall
be | 571 |
| in addition to the regular license fee for tags as prescribed | 572 |
|
under section 4503.04 of the Revised Code and any tax levied
under | 573 |
| section 4504.02 or 4504.06 of the Revised Code, for each | 574 |
|
application received by the registrar for special reserved
license | 575 |
| plate numbers containing more than three letters or numerals, and | 576 |
| the
issuing of such licenses and validation stickers in the | 577 |
| several series as
the registrar may designate. Five dollars of the | 578 |
| fee shall
be for the purpose of compensating the bureau of motor | 579 |
| vehicles for additional
services required in the issuing of such | 580 |
| licenses and validation stickers, and
the remaining thirty dollars | 581 |
shall be transmitteddeposited by the registrar to the
treasurer | 582 |
of state for deposit in the highway operatinginto the state | 583 |
| treasury to the credit of the state highway safety fund created by | 584 |
section 5735.2914501.06 of the Revised Code. | 585 |
| (2) Any person who operates a vehicle, streetcar, or | 634 |
|
trackless trolley upon
a highway or any public or private property | 635 |
|
used by the public
for vehicular travel or parking within this | 636 |
|
state
or who is in physical control of a vehicle,
streetcar, or | 637 |
|
trackless trolley shall be deemed
to have given
consent to a | 638 |
|
chemical test or tests of the
person's
whole blood,
blood serum or | 639 |
|
plasma, breath, or urine
to
determine the alcohol,
drug, or | 640 |
|
alcohol and drug
content of the
person's
whole blood,
blood serum | 641 |
|
or plasma,
breath, or urine
if
arrested
for
a
violation of | 642 |
|
division (A) or
(B) of
section 4511.19 of the Revised
Code, | 643 |
|
section 4511.194 of
the
Revised Code or a substantially equivalent | 644 |
| municipal ordinance, or a municipal OVI
ordinance. | 645 |
| (B)(1) Upon receipt of the sworn report of
a
law
enforcement | 659 |
|
officer
who arrested a person for a violation of
division (A) or | 660 |
| (B) of section 4511.19 of the Revised Code,
section 4511.194 of | 661 |
| the Revised Code or a substantially equivalent municipal | 662 |
| ordinance, or a municipal OVI ordinance
that was completed and | 663 |
| sent to the registrar and a court pursuant
to
section
4511.192 of | 664 |
| the
Revised Code in regard to a
person who
refused to take the | 665 |
|
designated chemical test, the
registrar shall
enter into the | 666 |
|
registrar's records the fact
that the person's
driver's or | 667 |
|
commercial driver's license or permit or nonresident
operating | 668 |
|
privilege was suspended by the arresting officer under
this | 669 |
|
division and that section and the period of the
suspension,
as | 670 |
| determined under
this
section. The suspension shall be
subject to | 671 |
| appeal as
provided in
section
4511.197 of the Revised
Code. The | 672 |
| suspension
shall be for whichever of the
following
periods | 673 |
| applies: | 674 |
| (C)(1) Upon receipt of the sworn report of the
law | 714 |
|
enforcement
officer
who arrested a person for a violation of | 715 |
|
division (A) or
(B) of section 4511.19 of the Revised Code or a | 716 |
|
municipal OVI
ordinance that was completed and sent to the | 717 |
|
registrar and a court
pursuant
to
section
4511.192 of the Revised | 718 |
| Code in regard to a
person
whose test
results indicate that the | 719 |
| person's
whole blood,
blood
serum or
plasma, breath, or urine | 720 |
|
contained
at least the
concentration
of
alcohol
specified in | 721 |
|
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 722 |
|
Revised Code, the registrar
shall
enter into the registrar's | 723 |
|
records the fact that the
person's
driver's or
commercial
driver's | 724 |
|
license or permit or
nonresident
operating privilege was
suspended | 725 |
|
by the arresting
officer under
this
division
and section
4511.192 | 726 |
| of the Revised Code and the
period of the
suspension, as | 727 |
|
determined
under divisions (F)(1) to
(4) of this
section. The | 728 |
|
suspension
shall be subject to appeal as
provided in
section
| 729 |
|
4511.197 of the Revised Code. The
suspension
described in
this | 730 |
| division does not apply to, and shall
not be
imposed upon, a | 731 |
|
person arrested for a violation of section
4511.194
of the Revised | 732 |
|
Code or a substantially equivalent municipal ordinance who submits | 733 |
| to a designated chemical
test.
The
suspension
shall
be for | 734 |
| whichever of the following
periods
applies: | 735 |
| (2) If a person is arrested for operating a vehicle, | 786 |
|
streetcar, or trackless trolley in violation of division (A) or | 787 |
|
(B) of section 4511.19 of the Revised Code or a municipal OVI | 788 |
|
ordinance, or for being in physical control of a
vehicle, | 789 |
|
streetcar, or trackless trolley in violation of section
4511.194 | 790 |
|
of the
Revised Code or a substantially equivalent municipal | 791 |
| ordinance,
regardless of whether the person's
driver's
or | 792 |
|
commercial
driver's license or permit or nonresident
operating | 793 |
|
privilege is
or is not suspended under division
(B)
or
(C)
of this | 794 |
|
section
or Chapter 4510. of the Revised Code,
the person's
initial | 795 |
|
appearance on the charge resulting from the
arrest shall
be held | 796 |
|
within five days of the person's arrest or
the issuance of
the | 797 |
|
citation to the person, subject to any
continuance
granted by
the | 798 |
|
court pursuant to
section
4511.197 of
the Revised Code
regarding | 799 |
|
the issues
specified in that division. | 800 |
| (c) Thirty-seven dollars and fifty cents
shall be credited
to | 843 |
| the indigent
drivers alcohol treatment fund, which is hereby | 844 |
|
established. Except as
otherwise provided in division
(F)(2)(c)
of | 845 |
| this section, moneys in the fund shall be
distributed by the | 846 |
|
department of alcohol and drug addiction
services to the county | 847 |
|
indigent drivers alcohol
treatment funds,
the county juvenile | 848 |
|
indigent drivers alcohol treatment funds,
and
the municipal | 849 |
|
indigent drivers alcohol treatment funds that are
required to be | 850 |
|
established by counties and municipal corporations
pursuant
to | 851 |
|
this section, and shall be used only
to pay
the cost of an alcohol | 852 |
|
and drug addiction treatment program
attended by an offender or | 853 |
|
juvenile traffic offender who is
ordered to attend an alcohol and | 854 |
|
drug addiction treatment program
by a county, juvenile, or | 855 |
|
municipal court judge and who is
determined by the county, | 856 |
|
juvenile, or municipal court judge not
to have the means to pay | 857 |
|
for
the person's attendance at the
program or to pay the costs | 858 |
|
specified in division
(H)(4) of
this section in accordance with | 859 |
|
that
division. Moneys in the fund
that are not
distributed to a | 860 |
|
county indigent drivers alcohol
treatment fund,
a county juvenile | 861 |
|
indigent drivers alcohol
treatment fund, or a
municipal indigent | 862 |
|
drivers alcohol treatment
fund under division
(H) of this section | 863 |
|
because the director of
alcohol and drug addiction
services does | 864 |
|
not have the information
necessary to identify the county or | 865 |
|
municipal corporation where
the offender or juvenile offender was | 866 |
|
arrested may
be transferred
by the director of budget and | 867 |
|
management to the
statewide
treatment and prevention
fund created | 868 |
|
by section
4301.30 of the
Revised Code, upon certification of the | 869 |
|
amount by the director
of
alcohol and drug
addiction services. | 870 |
| (H)(1) Each county shall establish an indigent drivers | 932 |
|
alcohol treatment fund, each county shall establish a juvenile | 933 |
|
indigent drivers alcohol treatment fund, and each municipal | 934 |
|
corporation in which there is a municipal court shall establish
an | 935 |
|
indigent drivers alcohol treatment fund. All revenue that the | 936 |
|
general assembly appropriates to the indigent drivers alcohol | 937 |
|
treatment fund for transfer to a county indigent drivers alcohol | 938 |
|
treatment fund, a county juvenile indigent drivers alcohol | 939 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 940 |
fund, all portions of fees that are paid under division (L)(F) of | 941 |
|
this section and that are credited under that division to the | 942 |
|
indigent drivers alcohol treatment fund in the state treasury for | 943 |
|
a county indigent drivers alcohol treatment fund, a county | 944 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 945 |
|
indigent drivers alcohol treatment fund, and all portions of
fines | 946 |
|
that are specified for deposit into a county or municipal
indigent | 947 |
|
drivers alcohol treatment fund by section 4511.193 of
the Revised | 948 |
|
Code shall be deposited into that county indigent
drivers alcohol | 949 |
|
treatment fund, county juvenile indigent drivers
alcohol treatment | 950 |
|
fund, or municipal indigent drivers alcohol
treatment fund in | 951 |
|
accordance with division
(H)(2) of this
section. Additionally,
all | 952 |
| portions of fines that are paid for a
violation of section
4511.19 | 953 |
| of the Revised Code or
of any prohibition contained in
Chapter | 954 |
| 4510. of the Revised Code,
and that are
required under
section
| 955 |
|
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to | 956 |
| be
deposited
into a county indigent drivers alcohol
treatment fund | 957 |
|
or municipal
indigent drivers alcohol treatment
fund shall be | 958 |
|
deposited into
the appropriate fund in accordance
with the | 959 |
|
applicable division. | 960 |
| (3) Expenditures from a county indigent drivers alcohol | 995 |
|
treatment fund, a county juvenile indigent drivers alcohol | 996 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 997 |
|
fund shall be made only upon the order of a county, juvenile, or | 998 |
|
municipal court judge and only for payment of the cost of the | 999 |
|
attendance at an alcohol and drug addiction treatment program of
a | 1000 |
|
person who is convicted of, or found to be a juvenile traffic | 1001 |
|
offender by reason of, a violation of division (A) of section | 1002 |
|
4511.19 of the Revised Code or a substantially similar municipal | 1003 |
|
ordinance, who is ordered by the court to attend the alcohol and | 1004 |
|
drug addiction treatment program, and who is determined by the | 1005 |
|
court to be unable to pay the cost of attendance at the
treatment | 1006 |
|
program or for payment of the costs specified in division
(H)(4) | 1007 |
|
of this section in accordance with that division. The
alcohol and | 1008 |
|
drug addiction services board or the board of alcohol,
drug | 1009 |
|
addiction, and
mental health services established pursuant to | 1010 |
|
section 340.02 or
340.021 of
the Revised Code and serving the | 1011 |
|
alcohol, drug addiction, and mental
health service district in | 1012 |
|
which the court is located shall
administer the indigent drivers | 1013 |
|
alcohol treatment program of the
court. When a court orders an | 1014 |
|
offender or juvenile traffic
offender to attend an alcohol and | 1015 |
|
drug addiction treatment
program, the board shall determine which | 1016 |
|
program is suitable to
meet the needs of the offender or juvenile | 1017 |
|
traffic offender, and
when a suitable program is located and space | 1018 |
|
is available at the
program, the offender or juvenile traffic | 1019 |
|
offender shall attend
the program designated by the board. A | 1020 |
|
reasonable amount not to
exceed five per cent of the amounts | 1021 |
|
credited to and deposited
into the county indigent drivers alcohol | 1022 |
|
treatment fund, the
county juvenile indigent drivers alcohol | 1023 |
|
treatment fund, or the
municipal indigent drivers alcohol | 1024 |
|
treatment fund serving every
court whose program is administered | 1025 |
|
by that board shall be paid
to the board to cover the costs it | 1026 |
|
incurs in administering those
indigent drivers alcohol treatment | 1027 |
|
programs. | 1028 |
| (4) If a county, juvenile, or municipal court determines, in | 1029 |
|
consultation with the alcohol and drug addiction services board or | 1030 |
|
the board
of alcohol, drug addiction, and mental health services | 1031 |
|
established pursuant to
section 340.02 or 340.021 of the Revised | 1032 |
|
Code
and serving the alcohol, drug addiction, and
mental health | 1033 |
|
district in which the court is located, that
the funds in the | 1034 |
|
county indigent drivers alcohol treatment fund, the county | 1035 |
|
juvenile indigent drivers alcohol treatment fund, or the municipal | 1036 |
|
indigent
drivers alcohol treatment fund under the control of the | 1037 |
|
court are more than
sufficient to satisfy the purpose for which | 1038 |
|
the fund was established, as
specified in divisions
(H)(1) to
(3) | 1039 |
|
of this section, the
court may declare a surplus in the fund.
If | 1040 |
|
the court declares a surplus in
the fund, the court may expend
the | 1041 |
|
amount of the surplus in the fund for
alcohol and drug abuse | 1042 |
|
assessment and treatment of persons who are charged in
the court | 1043 |
|
with committing a criminal offense or with being a delinquent | 1044 |
|
child
or juvenile traffic offender and in relation to whom both of | 1045 |
|
the following
apply: | 1046 |
| (F)(1) Subject to division (F)(2) of this section, the | 1159 |
|
failure of a person to wear all of the available elements of a | 1160 |
|
properly adjusted occupant restraining device in violation of | 1161 |
| division (B)(1) or (3) of this section
or the failure of a person
| 1162 |
|
to ensure that
each minor who is a
passenger of an automobile | 1163 |
|
being
operated by
that person is
wearing all of the available | 1164 |
|
elements of
a properly adjusted occupant restraining
device
in | 1165 |
|
violation of division (B)(2) of this
section shall
not
be | 1166 |
|
considered
or used by the trier of fact in a tort action as | 1167 |
|
evidence of negligence or contributory negligence. But, the trier | 1168 |
| of fact may determine based on evidence admitted consistent with | 1169 |
the Ohio rulesRules of evidenceEvidence that the failure | 1170 |
| contributed to the harm alleged in the tort action and may | 1171 |
| diminish a
recovery
of compensatory damages that represents | 1172 |
| noneconomic loss, as defined in section 2307.011 of the Revised | 1173 |
| Code, in
a tort action
that could have been recovered but for the | 1174 |
| plaintiff's failure to wear all of the available elements of a | 1175 |
| properly adjusted occupant restraining device. Evidence of that | 1176 |
| failure shall not be used as
a
basis for a
criminal prosecution of | 1177 |
| the person other than a
prosecution for a
violation of this | 1178 |
| section; and shall not be
admissible as evidence
in
a criminal | 1179 |
| action involving
the person other than a
prosecution for a | 1180 |
| violation of this
section. | 1181 |
| (2) If, at the time of an accident involving a passenger
car | 1182 |
|
equipped with occupant restraining devices, any occupant of
the | 1183 |
|
passenger car who sustained injury or death was not wearing
an | 1184 |
|
available occupant restraining device, was not wearing all of
the | 1185 |
|
available elements of such a device, or was not wearing such
a | 1186 |
|
device as properly adjusted, then, consistent with the Rules of | 1187 |
|
Evidence, the fact that the occupant was not wearing the
available | 1188 |
|
occupant restraining device, was not wearing all of the
available | 1189 |
|
elements of such a device, or was not wearing such a
device as | 1190 |
|
properly adjusted is admissible in evidence in relation
to any | 1191 |
|
claim for relief in a tort action to the extent that the
claim for | 1192 |
|
relief satisfies all of the following: | 1193 |
(B) ApplicationAn application for a class A, B, or C license | 1260 |
shall be in
writing, under oath, tocompleted in the form the | 1261 |
| director prescribes. In the case of an
individual, the application | 1262 |
| shall state the applicant's name,
birth date, citizenship, | 1263 |
| physical description, current residence,
residences for the | 1264 |
| preceding ten years, current employment,
employment for the | 1265 |
| preceding seven years, experience
qualifications, the location of | 1266 |
| each of the applicant's
offices in this state, and any other | 1267 |
| information that is necessary in order
for
the director to comply | 1268 |
| with the requirements of this chapter. In
the case of a | 1269 |
| corporation, the application shall state the name
of the officer | 1270 |
| or qualifying agent filing the application; the
state in which the | 1271 |
| corporation is incorporated and the date of
incorporation; the | 1272 |
| states in which the corporation is authorized
to transact | 1273 |
| business; the name of its qualifying agent; the name
of the | 1274 |
| officer or qualifying agent of the corporation who
satisfies the | 1275 |
| requirements of divisions (A)(1) and (F)(1) of this
section and | 1276 |
| the birth date, citizenship, physical description,
current | 1277 |
| residence, residences for the preceding ten years,
current | 1278 |
| employment, employment for the preceding seven years, and | 1279 |
|
experience qualifications of that officer or qualifying agent;
and | 1280 |
| other information that the director requires. A corporation
may | 1281 |
| specify in its application information relative to one or
more | 1282 |
| individuals who satisfy the requirements of divisions (A)(1)
and | 1283 |
| (F)(1) of this section. | 1284 |
(C) Upon receipt of the application and accompanying
matter | 1310 |
described in division (B) of this section, the director shall | 1311 |
forward to the bureau of criminal
identification and investigation | 1312 |
a request that it make an
investigation of the applicant or, in | 1313 |
the case of a corporation,
each officer or qualifying agent | 1314 |
specified in the application as
satisfying the requirements of | 1315 |
divisions (A)(1) and (F)(1) of
this section, to determine whether | 1316 |
the applicant, officer, or
qualifying agent meets the requirements | 1317 |
of division (A)(1)(a) of
this section.(1) Each individual | 1318 |
| applying for a license and each individual specified by a | 1319 |
| corporation as an officer or qualifying agent in an application | 1320 |
| shall submit one complete set of fingerprints directly to the | 1321 |
| superintendent of the bureau of criminal identification and | 1322 |
| investigation for the purpose of conducting a criminal records | 1323 |
| check. The individual shall provide the fingerprints using a | 1324 |
| method the superintendent prescribes pursuant to division (C)(2) | 1325 |
| of section 109.572 of the Revised Code and fill out the form the | 1326 |
| superintendent prescribes pursuant to division (C)(1) of section | 1327 |
| 109.572 of the Revised Code. An applicant who intends to carry a | 1328 |
| firearm as defined in section 2923.11 of the Revised Code in the | 1329 |
| course of business or employment shall so notify the | 1330 |
| superintendent. This notification is in addition to any other | 1331 |
| requirement related to carrying a firearm that applies to the | 1332 |
| applicant. The individual or corporation requesting the criminal | 1333 |
| records check shall pay the fee the superintendent prescribes. | 1334 |
| (3) If the director determines that the applicant,
officer, | 1344 |
| or qualifying agent meets the requirements of divisions
(A)(1)(a), | 1345 |
| (b), and (d) of this section and that an officer or
qualifying | 1346 |
| agent meets the requirement of division (F)(1) of this
section, | 1347 |
| the director shall notify the applicant, officer, or
agent of the | 1348 |
| time and place for the examination. If the director determines | 1349 |
|
that an applicant does not meet the requirements of divisions | 1350 |
|
(A)(1)(a), (b), and (d) of this section, the director shall
notify | 1351 |
| the applicant that the applicant's application is
refused and | 1352 |
| refund the license
fee. If the director determines that none of | 1353 |
| the individuals
specified in the application of a corporation as | 1354 |
| satisfying the
requirements of divisions (A)(1) and (F)(1) of this | 1355 |
| section meet
the requirements of divisions (A)(1)(a), (b), and (d) | 1356 |
| and (F)(1)
of this section, the director shall notify the | 1357 |
| corporation
that its application is refused and refund the license | 1358 |
fee. If the
director requests an investigation of any applicant, | 1359 |
officer, or
qualifying agent and if the bureau assesses the | 1360 |
director a fee
for theany investigation, the director, in | 1361 |
| addition to any other fee
assessed pursuant to this chapter, may | 1362 |
| assess the applicant,
officer, or qualifying agent, as | 1363 |
| appropriate, a fee that is equal
to the fee assessed by the | 1364 |
| bureau. | 1365 |
| (D) If upon application, investigation, and examination,
the | 1366 |
| director finds that the applicant or, in the case of a | 1367 |
|
corporation, any officer or qualifying agent specified in the | 1368 |
|
application as satisfying the requirements of divisions (A)(1)
and | 1369 |
| (F)(1) of this section, meets the applicable requirements,
the | 1370 |
| director shall issue the applicant or the corporation a class A, | 1371 |
| B,
or C license. The director also shall issue an identification | 1372 |
| card to an applicant, but not
an officer or qualifying agent of a | 1373 |
| corporation, who meets the
applicable requirements. The license | 1374 |
| and
identification card shall state the licensee's name, the | 1375 |
|
classification of the license, the location of the
licensee's | 1376 |
| principal place of business in this state, and the expiration
date | 1377 |
| of the license, and, in the case of a corporation, it also shall | 1378 |
| state
the name of each officer or qualifying agent who satisfied | 1379 |
| the
requirements of divisions (A)(1) and (F)(1) of this section. | 1380 |
| Licenses expire on the first day of March following the
date | 1381 |
| of initial issue, and on the first day of March of each year | 1382 |
thereafter. RenewalsAnnual renewals shall be according to the | 1383 |
| standard renewal
procedures contained in Chapter 4745. of the | 1384 |
Revised Code, upon
payment of aan annual renewal fee of two | 1385 |
hundred fiftythe director determines, not to exceed two hundred | 1386 |
| seventy-five dollars. No
license shall be renewed if the licensee | 1387 |
| or, in the case of a
corporation, each officer or qualifying agent | 1388 |
| who qualified the
corporation for licensure no longer meets the | 1389 |
| applicable
requirements of this section. No license shall be | 1390 |
| renewed unless
the licensee provides evidence of workers' | 1391 |
| compensation risk
coverage and unemployment compensation insurance | 1392 |
| coverage, other
than for clerical employees and excepting sole | 1393 |
| proprietors who are exempted
therefrom, as provided for in | 1394 |
| Chapters 4123.
and 4141. of the Revised Code, respectively, as | 1395 |
| well as the
licensee's state tax identification number. No | 1396 |
| reexamination
shall be required for renewal of a current license. | 1397 |
| (G) If a corporation is for any reason no longer
associated | 1439 |
| with an individual who qualified it for licensure
under this | 1440 |
| chapter, an officer of the corporation shall notify
the director | 1441 |
| of that fact by certified mail, return receipt
requested, within | 1442 |
| ten days after the association terminates. If
the notification is | 1443 |
| so given, the individual was the only
individual that qualified | 1444 |
| the corporation for licensure, and the
corporation submits the | 1445 |
| name of another officer or qualifying
agent to qualify the | 1446 |
| corporation for the license within thirty
days after the | 1447 |
| association terminates, the corporation may
continue to operate in | 1448 |
| the business of private investigation, the
business of security | 1449 |
| services, or both businesses in this state
under that license for | 1450 |
| ninety days after the association
terminates. If the officer or | 1451 |
| qualifying agent whose name is
submitted satisfies the | 1452 |
| requirements of divisions (A)(1) and
(F)(1) of this section, the | 1453 |
| director shall issue a new license to
the corporation within that | 1454 |
| ninety-day period. The names of more
than one individual may be | 1455 |
| submitted. | 1456 |
(2) If the director of public safety requests the
bureau of | 1470 |
criminal
identification and investigation to conduct an | 1471 |
investigation of
a
licensee's employee and if the bureau assesses | 1472 |
the
director
a fee
for the investigation, the
director, in | 1473 |
addition to any other fee
assessed pursuant to this chapter,
may | 1474 |
assess the
licensee a fee
that is equal to the fee
assessed by
the | 1475 |
bureau.The employee shall submit one complete set of fingerprints | 1476 |
| directly to the superintendent of the bureau of criminal | 1477 |
| identification and investigation for the purpose of conducting a | 1478 |
| criminal records check. The employee shall provide the | 1479 |
| fingerprints using a method the superintendent prescribes pursuant | 1480 |
| to division (C)(2) of section 109.572 of the Revised Code and fill | 1481 |
| out the form the superintendent prescribes pursuant to division | 1482 |
| (C)(1) of section 109.572 of the Revised Code. An employee who | 1483 |
| intends to carry a firearm as defined in section 2923.11 of the | 1484 |
| Revised Code in the course of business or employment shall so | 1485 |
| notify the superintendent. This notification is in addition to any | 1486 |
| other requirement related to carrying a firearm that applies to | 1487 |
| the employee. The individual or corporation requesting the | 1488 |
| criminal records check shall pay the fee the superintendent | 1489 |
| prescribes. | 1490 |
| (3)
If, after
investigation, the bureau finds that the | 1500 |
|
employee
has not been
convicted of a felony within the
last
twenty | 1501 |
| years,
the
director
shall issue
to the
employee an
identification | 1502 |
| card
bearing
the
license number
and
signature of
the licensee, | 1503 |
| which
in the
case of
a corporation
shall be the signature of its | 1504 |
|
president or
its
qualifying agent,
and containing the
employee's | 1505 |
|
name, address,
age, physical description,
and right
thumb print
or | 1506 |
| other
identifying mark as the director prescribes,
a recent | 1507 |
|
photograph
of the employee, and
the employee's
signature.
The | 1508 |
| director
may issue a duplicate of a lost,
spoliated, or destroyed | 1509 |
|
identification card issued under this
section, upon payment of a | 1510 |
|
fee fixed by the
director, not exceeding five
dollars. | 1511 |
| (C)
Except as provided in division (E) of this section,
no | 1512 |
|
class A, B, or C licensee shall permit an employee,
other than an | 1513 |
|
individual who qualified a
corporation for
licensure, to engage in | 1514 |
|
the business of private
investigation,
the business of security | 1515 |
|
services, or both
businesses until the
employee
receives an | 1516 |
|
identification card from the department,
except that
pending the | 1517 |
|
issuance of an identification card, a
class A, B, or C
licensee | 1518 |
|
may offer for hire security guard or
investigator
employees | 1519 |
|
provided the licensee obtains a waiver
from the person
who | 1520 |
|
receives, for hire, security guard or
investigative services, | 1521 |
|
acknowledging that the person is aware
the employees have not | 1522 |
|
completed their registration and
agreeing
to their employment. | 1523 |
| (D) If a class A, B, or C licensee, or a
registered
employee | 1524 |
|
of a class A, B, or C licensee, intends to carry a
firearm, as | 1525 |
|
defined in section 2923.11 of the Revised Code, in
the
course of | 1526 |
|
engaging in the business or employment,
the
licensee or
registered | 1527 |
| employee
shall
satisfactorily complete a firearms
basic
training | 1528 |
| program
that includes twenty hours of handgun
training
and five | 1529 |
| hours of
training in the use of other firearms,
if any
other | 1530 |
| firearm is to
be used, or equivalency training, if
authorized,
or | 1531 |
| shall be a
former peace officer who previously had
successfully | 1532 |
| completed a
firearms training course, shall receive a
certificate | 1533 |
| of
satisfactory completion of that program or written
evidence of | 1534 |
|
approval of the equivalency training, shall file an
application | 1535 |
|
for registration, shall receive a firearm-bearer
notation on
the | 1536 |
| licensee's or registered employee's
identification card, and shall | 1537 |
| annually requalify
on a firearms
range, all as described in | 1538 |
| division (A) of section
4749.10 of the
Revised Code. A private | 1539 |
| investigator, security
guard provider,
or
employee is authorized | 1540 |
| to carry a firearm only
in accordance
with
that division. | 1541 |
| (1) The licensee or employee either has successfully | 1566 |
|
completed a basic firearm
training program at a training school | 1567 |
|
approved by the Ohio peace
officer training commission, which | 1568 |
|
program includes twenty hours of
training in handgun use and, if | 1569 |
|
any firearm other than a handgun
is to be used, five hours of | 1570 |
|
training in the use of other
firearms, and has received a | 1571 |
|
certificate of satisfactory
completion of that program from the | 1572 |
|
executive director of the
commission; the licensee or employee | 1573 |
|
has, within three years prior to November 27, 1985, satisfactorily | 1574 |
| completed firearms training that
has been
approved by the | 1575 |
| commission as being equivalent to such a
program
and has received | 1576 |
| written evidence of approval of that
training
from the executive | 1577 |
| director of the commission;
or the licensee or
employee is a | 1578 |
|
former peace officer, as defined in section 109.71
of the Revised | 1579 |
|
Code, who previously had successfully completed a
firearms | 1580 |
|
training course at a training school approved by the Ohio
peace | 1581 |
|
officer training commission and has received a certificate
or | 1582 |
| other
evidence of satisfactory completion of that course from
the | 1583 |
|
executive director of the commission. | 1584 |
| (2) The licensee or employee submits an application to the | 1585 |
|
director of public safety, on a form prescribed by the director, | 1586 |
| in
which the
licensee or employee requests
registration as a class | 1587 |
| A,
B, or C licensee or employee who may
carry a firearm. The | 1588 |
|
application shall be accompanied by a copy
of the certificate or | 1589 |
|
the written evidence or other evidence
described in division | 1590 |
|
(A)(1) of this section, the identification
card issued pursuant to | 1591 |
|
section 4749.03 or 4749.06 of the Revised
Code if one has | 1592 |
|
previously been issued, a statement of the duties
that will be | 1593 |
performed while the licensee or employee is
armed, and a fee of | 1594 |
tenthe director determines, not to exceed fifteen
dollars. In the | 1595 |
| case of a registered employee, the statement
shall be prepared by | 1596 |
| the employing class A, B, or C licensee. | 1597 |
| (2) A firearms requalification training program or
instructor | 1628 |
| certified by the commission for the annual
requalification of | 1629 |
| class A, B, or C licensees or employees who
are
authorized to | 1630 |
| carry a firearm under section 4749.10 of the
Revised
Code shall | 1631 |
| award a certificate of satisfactory
requalification to
each class | 1632 |
| A, B, or C licensee or registered
employee of a class
A, B, or C | 1633 |
| licensee who satisfactorily
requalifies in firearms
training. The | 1634 |
| certificate shall identify
the licensee or employee
and indicate | 1635 |
| the date of the
requalification. A licensee or
employee who | 1636 |
| receives such a
certificate shall submit a copy of it
to the | 1637 |
| director of
public safety. A licensee shall submit the copy of
the | 1638 |
|
requalification certificate at the same time that the
licensee | 1639 |
|
makes
application for renewal of the licensee's class A, B, or C | 1640 |
|
license. The
director shall keep a record of all copies of | 1641 |
|
requalification
certificates the director receives under this | 1642 |
|
division and
shall establish
a procedure for the updating of | 1643 |
|
identification cards to provide
evidence of compliance with the | 1644 |
|
annual requalification
requirement. The procedure for the
updating | 1645 |
| of identification
cards may provide for the issuance of a
new card | 1646 |
| containing the
evidence, the entry of a new notation
containing | 1647 |
| the evidence on
the existing card, the issuance of a
separate card | 1648 |
| or paper
containing the evidence, or any other
procedure | 1649 |
| determined by the
director to be reasonable. Each
person who is | 1650 |
| issued a
requalification certificate under this
division promptly | 1651 |
| shall
pay to the Ohio peace officer training
commission | 1652 |
established by
section 109.71 of the Revised Code a fee
of five | 1653 |
| the director determines, not to exceed fifteen dollars, which
fee | 1654 |
| shall be transmitted to the treasurer
of state for deposit in
the | 1655 |
| peace officer private security fund
established by section
109.78 | 1656 |
| of the Revised Code. | 1657 |
| (D) Except as otherwise provided in this division, before | 1782 |
|
adopting, amending, or rescinding any rule under this chapter,
the | 1783 |
| board shall submit the proposed rule to the director of
public | 1784 |
| safety for review. The director may review the
proposed rule for | 1785 |
| not more than sixty days after the date it is
submitted. If, | 1786 |
| within this sixty-day period, the director
approves the proposed | 1787 |
| rule or does not notify the board that the rule is
disapproved, | 1788 |
| the board may adopt, amend, or rescind the rule
as proposed. If, | 1789 |
| within this sixty-day period, the director
notifies the board that | 1790 |
| the proposed rule is disapproved, the
board shall not adopt, | 1791 |
| amend, or rescind the rule as proposed
unless at least twelve | 1792 |
| members of the board vote to adopt, amend,
or rescind it. | 1793 |
| Sec. 5503.04. Forty-five per cent of the fines collected | 1796 |
|
from or moneys arising
from bail forfeited by persons apprehended | 1797 |
| or arrested by state
highway patrol troopers shall be paid into | 1798 |
|
the state treasury to be credited to the general revenue fund, | 1799 |
| five per
cent shall be paid into the state treasury to be credited | 1800 |
to the trauma and
emergency medical services grants fund created | 1801 |
| by division (E) of
section 4513.263 of the Revised Code, and fifty | 1802 |
| per cent
shall be paid into the treasury of
the municipal | 1803 |
| corporation where the case is prosecuted, if in a
mayor's court. | 1804 |
| If the prosecution is in a trial court outside a
municipal | 1805 |
| corporation, or outside the territorial jurisdiction of
a | 1806 |
| municipal court, the fifty per cent of the fines and moneys that | 1807 |
|
is not paid into the state treasury shall be paid into the | 1808 |
|
treasury of the county where the case
is prosecuted. The fines and | 1809 |
| moneys paid into a county treasury and the
fines and moneys paid | 1810 |
| into the treasury of a municipal
corporation shall be deposited | 1811 |
| one-half to the same fund and
expended in the same manner as is | 1812 |
| the revenue received from the
registration of motor vehicles, and | 1813 |
| one-half to the general fund
of such county or municipal | 1814 |
| corporation. | 1815 |
| If the prosecution is in a municipal court, forty-five per | 1816 |
|
cent of the fines and moneys shall be paid into the state
treasury | 1817 |
| to be credited to the general revenue fund, five per cent shall be | 1818 |
paid into the state treasury to be credited to the trauma and | 1819 |
emergency
medical services grants fund created by division (E) of | 1820 |
| section
4513.263 of the Revised Code, ten per cent
shall be paid | 1821 |
| into the county treasury to be credited to the
general fund of the | 1822 |
| county, and forty per cent shall
be paid
into the municipal | 1823 |
| treasury to be credited to the general fund of
the municipal | 1824 |
| corporation. In the Auglaize county, Clermont
county, Crawford | 1825 |
| county, Hocking county, Jackson county, Lawrence
county, Madison | 1826 |
| county, Miami county, Ottawa county, Portage
county, and Wayne | 1827 |
| county municipal courts, that portion of money
otherwise paid into | 1828 |
| the municipal treasury shall be paid into the
county treasury. | 1829 |
| Sec. 5513.04. (A) Notwithstanding sections 125.12, 125.13, | 1842 |
and
125.14 of the Revised Code, the director of transportation, | 1843 |
after notice as provided in
sections 5513.01 and 5513.02 of the | 1844 |
Revised Code with respect to purchase,may sell, transfer, or | 1845 |
| otherwise dispose of any item of personal property that is not | 1846 |
| needed by the department of transportation. The director may | 1847 |
| exchange any such item, in the manner provided for in this | 1848 |
| chapter, and pay the balance of the cost of such new item from | 1849 |
| funds appropriated to the department. The director also may accept | 1850 |
| a credit voucher or cash in an amount mutually agreed upon between | 1851 |
| a vendor and the department. The director shall apply the amount | 1852 |
| of any credit voucher to future purchases from that vendor and | 1853 |
| shall deposit any cash into the state treasury to the credit of | 1854 |
| the highway operating fund created in section 5735.291 of the | 1855 |
| Revised Code. | 1856 |
|
(B)(1) The director may
sell or transfer any structure, | 1857 |
| machinery, tools, equipment, parts,
material,
office furniture, or | 1858 |
| supplies unfit for use or not
needed by the department of | 1859 |
transportation.
The director may sell or transfer any item | 1860 |
specified in
this division to any agency of the state or a | 1861 |
| political
subdivision of the state without notice of the proposed | 1862 |
disposal
and upon any mutually agreed upon terms. The director may | 1863 |
exchange any such item, in the manner provided for in this | 1864 |
chapter, and pay the balance of the cost of such new item from
any | 1865 |
funds appropriated to the department. The director also may
accept | 1866 |
a credit voucher in an amount mutually agreed upon
between a | 1867 |
vendor and the department. The amount of the credit
voucher shall | 1868 |
be applied to future purchases from that
vendor. | 1869 |
| (2) Before selling any passenger vehicle, van, truck, | 1873 |
trailer, or other heavy
equipment unfit for use or not required by | 1874 |
the department.
Prior to such sale, the
director shall notify each | 1875 |
| county, municipal corporation,
township, and school district of | 1876 |
| the sale. The director shall
similarly notify the board of | 1877 |
| trustees of any regional water and
sewer district established | 1878 |
| under Chapter 6119. of the Revised
Code, when the board has | 1879 |
| forwarded to the director the
district's name and current business | 1880 |
| address. For the purposes of this
division, the
name and current | 1881 |
| business address of a regional water and sewer
district shall be | 1882 |
| forwarded to the director once each year during
any year in which | 1883 |
| the board wishes the notification to be given. The
notice required | 1884 |
| by this division may be given by the
most economical means | 1885 |
considered to be effective, including, but
not limited to, regular | 1886 |
mail, electronic mail, electronic
bulletin board, and publication | 1887 |
in a periodical or
newspaper. If after seven days following | 1888 |
|
mailing or other issuance of the
director's notice, no county, | 1889 |
| municipal corporation, township, regional water
and
sewer | 1890 |
| district, educational service center, or school district
has | 1891 |
| notified the director that
it wishes to purchase any such vehicle | 1892 |
| or other heavy
equipment,
the director may proceed with the sale | 1893 |
under division (D)(C) of this
section. The
director
may exchange | 1894 |
such vehicles and other
heavy equipment for new
vehicles or other | 1895 |
heavy equipment, in the
manner provided for in sections 5513.01 to | 1896 |
5513.04 of the Revised Code, and
pay the balance of the cost of | 1897 |
such new vehicles or other
heavy equipment from the funds | 1898 |
appropriated
to the department. The director also may elect to | 1899 |
accept a credit voucher
from a vendor in an amount mutually agreed | 1900 |
to by the department and the
vendor. The director shall apply the | 1901 |
credit voucher to future
purchases from that vendor. | 1902 |
(C)(3) The director may sell or otherwise dispose of
any | 1909 |
|
structure or structural materials salvaged on the state highway | 1910 |
|
system that in the director's judgment are no longer
needed by the | 1911 |
|
department, or that, through wear or obsolescence, have become | 1912 |
|
unfit for use. The director may
transfer the structure or | 1913 |
| materials to
counties, municipal corporations, school districts, | 1914 |
or other governmentalpolitical
subdivisions without advertising | 1915 |
for bids and upon mutually
agreed toupon terms. The director may | 1916 |
transfer the structure or
structuresstructural materials to a | 1917 |
| nonprofit corporation upon being furnished a copy
of a contract | 1918 |
| between the nonprofit corporation and a county,
municipal | 1919 |
corporation, or other governmentalpolitical subdivision to which | 1920 |
|
the structure is to be moved pursuant to which the nonprofit | 1921 |
corporation must make the structure or structuresstructural | 1922 |
| materials available for
rent or sale within a period of three | 1923 |
| months after becoming
available for occupancy to an individual or | 1924 |
| family which has been
displaced by governmental action or which | 1925 |
occupies substandard
housing as certified by such governmental | 1926 |
| political subdivision, without
advertising for bids. Any such | 1927 |
| transfers shall be for such
consideration as shall be determined | 1928 |
| by the director to be fair
and reasonable, and shall be upon such | 1929 |
| terms and specifications
with respect to performance and indemnity | 1930 |
| as shall be determined
necessary by the director. | 1931 |
(D)(C)(1) Any item specified in division
(A), (B), or (C) of | 1938 |
this section that has an
estimated market value greater than one | 1939 |
thousand dollars and
that has not been sold or transferred as | 1940 |
provided in those
divisionsdivision (B) of this section may be | 1941 |
| sold at a public sale, as determined by the director. The director | 1942 |
may
authorize such sale by the district deputy directors of | 1943 |
|
transportation, and the proceedings of such sale shall be | 1944 |
|
conducted in the same manner as provided for sales by the | 1945 |
|
director. The director may establish a minimum price for any item | 1946 |
| to be sold and may establish any other terms, conditions, and | 1947 |
| manner for the sale of a particular item, which may be on any | 1948 |
| basis the director determines to be most advantageous to the | 1949 |
| department. The director may reject any offer or bid for an item | 1950 |
| and may remove any item from a sale if it develops that a public | 1951 |
| authority has a use for the item. In any notice of a sale, the | 1952 |
| director shall include a brief description of the item to be sold, | 1953 |
| the terms and conditions of the sale, and a statement of the time, | 1954 |
| place, and manner of the sale. | 1955 |
Before making any sale under division
(D)(1) of this section | 1956 |
| (2)(a) If, in the opinion of the director, any item to be sold has | 1957 |
| an estimated fair market value in excess of one thousand dollars, | 1958 |
the
director shall givepost a notice of the sale by posting, for | 1959 |
not less
than ten days, a written, typed, or printed invitation to | 1960 |
bidders on a traditional or electronic bulletin board in the | 1961 |
officeson the official web site of the department. The bulletin | 1962 |
board shall be located
in a place open to the public during normal | 1963 |
business hoursIf the district where the property is located | 1964 |
| maintains a web site, notice of the sale also shall be posted on | 1965 |
that web site. At
least ten days before bids are to be received | 1966 |
| the sale, the director also
shall publish one notice of the sale | 1967 |
| in a periodical or
newspaper of general circulation in the region | 1968 |
in which the
items are located. The invitation to bidders and the | 1969 |
published
notice of the sale shall contain a brief description of | 1970 |
the
items to be sold and a statement of the time and place where | 1971 |
bids will be received. The director may receive bids and make
such | 1972 |
sale on any basis the director determines is most
advantageous to | 1973 |
the department. A sale under division
(D)(1) of this section shall | 1974 |
be
made to the highest responsible bidder. If, after invitations | 1975 |
are issued, it develops that any public authority has use for
any | 1976 |
of the items, the director may reject all bids and dispose
of the | 1977 |
items as set out in this section. | 1978 |
(2)(b) If, in the
opinion of the director, any item specified | 1979 |
in division
(A), (B), or (C) of this sectionto be sold has an | 1980 |
|
estimated fair market value of one thousand dollars or less, the | 1981 |
|
director is not required to advertise the proposed sale except
by | 1982 |
notice posted on a traditional or electronic bulletin board
in one | 1983 |
or more officesthe official web site of the department. The | 1984 |
bulletin board
shall be located in a place open to the public | 1985 |
during normal
business hours. The notice shall be posted for at | 1986 |
least five
working days and shall contain a brief description of | 1987 |
the items
to be sold and a statement of the time and place where | 1988 |
bids will
be received. The director may receive bids and make such | 1989 |
sale
on any basis the director determines is most advantageous to | 1990 |
the
department. Sale of any item using this method of advertising | 1991 |
shall be made to the highest responsible bidder. If it develops | 1992 |
that any public authority has use for any of the items, the | 1993 |
director may reject all bids and dispose of the items as set out | 1994 |
in this section. | 1995 |
| Each bidder shall be required to file with the bidder's bid
a | 2025 |
| bid guaranty in the form of a certified check or cashier's check | 2026 |
| for
an amount equal to five per cent of the bidder's bid, but in | 2027 |
|
no event more
than fifty thousand dollars, or a bid bond for ten | 2028 |
| per cent of
the bidder's bid, payable to the director, which check | 2029 |
| or
bond shall be
forthwith returned to the bidder in case the | 2030 |
| contract is awarded
to another bidder, or, in case of a successful | 2031 |
| bidder, when the
bidder has entered into a contract and furnished | 2032 |
| the bonds required by
section 5525.16 of the Revised Code. In the | 2033 |
| event the contract
is awarded to a bidder, and the bidder fails or | 2034 |
| refuses to
furnish the
bonds as required by section 5525.16 of the | 2035 |
| Revised Code, the
check or bid bond filed with the bidder's bid | 2036 |
| shall be
forfeited as
liquidated damages. No bidder shall be | 2037 |
| required either to file a
signed
contract with the bidder's bid, | 2038 |
| to enter into a
contract, or to furnish
the contract performance | 2039 |
| bond and the payment bond required by
that section until the bids | 2040 |
| have been opened and
the bidder has been notified by the director | 2041 |
| that the
bidder is awarded the
contract. | 2042 |
| The director shall permit a bidder to withdraw the bidder's | 2043 |
|
bid from consideration, without forfeiture of the certified check | 2044 |
| or bid
bond filed with the bid, providing a written request | 2045 |
| together
with a sworn statement of the grounds for such withdrawal | 2046 |
| is
delivered within forty-eight hours after the time established | 2047 |
| for
the receipt of bids, and if the price bid was substantially | 2048 |
| lower
than the other bids, providing the bid was submitted in good | 2049 |
|
faith, and the reason for the price bid being substantially lower | 2050 |
|
was a clerical mistake evident on the face of the bid, as opposed | 2051 |
|
to a judgment mistake, and was actually due to an unintentional | 2052 |
|
and substantial arithmetic error or an unintentional omission of
a | 2053 |
| substantial quantity of work, labor, or material made directly
in | 2054 |
| the compilation of the bid. In the event the director decides
the | 2055 |
| conditions for withdrawal have not been met, the director
may | 2056 |
| award the contract to such bidder. If such bidder does not then | 2057 |
| enter
into a contract and furnish the contract bond as required by | 2058 |
| law, the
director may declare forfeited the certified check or bid | 2059 |
| bond as
liquidated damages and award the contract to the next | 2060 |
| higher
bidder or reject the remaining bids and readvertise the | 2061 |
| project
for bids. Such bidder may, within thirty days, appeal the | 2062 |
|
decision of the director to the court of common pleas of Franklin | 2063 |
|
county and the court may affirm or reverse the decision of the | 2064 |
|
director and may order the director to refund the amount of the | 2065 |
|
forfeiture. At the hearing before the common pleas court
evidence | 2066 |
| may be introduced for and against the decision of the
director. | 2067 |
| The decision of the common pleas court may be appealed
as in other | 2068 |
| cases. | 2069 |
| The director may insert in any contract awarded under this | 2101 |
|
chapter a clause providing for value engineering change
proposals, | 2102 |
| under which a contractor who has been awarded a
contract may | 2103 |
| propose a change in the plans and specifications of
the project | 2104 |
| that saves the department time or money on the
project without | 2105 |
| impairing any of the essential functions and
characteristics of | 2106 |
| the project such as service life,
reliability, economy of | 2107 |
| operation, ease of maintenance, safety,
and necessary standardized | 2108 |
| features. If the director adopts the
value engineering proposal, | 2109 |
| the savings from the proposal shall
be divided between the | 2110 |
| department and the contractor according
to guidelines established | 2111 |
| by the director, provided that the contractor shall
receive at | 2112 |
| least fifty per cent of the savings from the proposal. The | 2113 |
|
adoption of a
value engineering proposal does not invalidate the | 2114 |
| award of the
contract or require the director to rebid the | 2115 |
| project. | 2116 |
| When the director exercises the authority conferred by this | 2136 |
|
section, all information with respect to the total estimate of | 2137 |
|
cost of the project to be built by contract and with
respect to | 2138 |
|
the estimate of cost of any particular item of work involved | 2139 |
|
therein shall be kept and regarded by the director and all the | 2140 |
|
director's
subordinates as confidential, and shall not be revealed | 2141 |
| to any
person not employed in the department, or by the United | 2142 |
| States
department of transportation in the case of projects | 2143 |
| financed in
whole or part by federal funds, until after the bids | 2144 |
| on the
project have been opened and read. Section 5517.01 of the | 2145 |
|
Revised Code with respect to the public inspection of estimates
of | 2146 |
| cost prior to the opening of bids and with respect to filing | 2147 |
|
estimates of cost in the office of the district deputy director
of | 2148 |
| transportation does not apply
when the authority conferred
by this | 2149 |
| section is exercised. This section does not prohibit the | 2150 |
|
department from furnishing estimates of cost to counties, | 2151 |
|
municipal corporations, or other local political subdivisions or | 2152 |
|
to railroad or railway companies proposing to pay any portion of | 2153 |
|
the cost of an improvement. | 2154 |
| Section 5525.10 of the Revised Code, which provides that no | 2155 |
|
contract for any improvement shall be awarded for a greater sum | 2156 |
|
than the estimated cost thereof plus five per cent,
does not
apply | 2157 |
| in the case of any project with respect to which the
authority | 2158 |
| conferred by this section is exercised. In cases in
which the | 2159 |
| authority conferred by this section is exercised and
in which the | 2160 |
| bid of the
successful bidder exceeds the estimate, the director, | 2161 |
| before
entering into a contract, shall determine that
the bid of | 2162 |
|
the successful bidder is fair and reasonable, and as long as the | 2163 |
|
federal government imposes regulation on prices charged for | 2164 |
|
construction service, shall require the successful bidder to | 2165 |
|
certify that the bidder's bid does not exceed the maximum | 2166 |
|
permitted by
such federal regulation. | 2167 |
| Sec. 5531.09. (A) The state infrastructure bank shall | 2168 |
| consist
of the highway and transit infrastructure bank fund, the | 2169 |
| aviation
infrastructure bank fund, the rail infrastructure bank | 2170 |
| fund, and the
infrastructure bank obligations fund, which are | 2171 |
| hereby
created as funds of the
state treasury, to be administered | 2172 |
| by the director of
transportation and used for the purposes | 2173 |
| described in division
(B) of this section. The highway and transit | 2174 |
| infrastructure bank fund, the
aviation infrastructure bank fund, | 2175 |
| and the rail infrastructure bank fund
shall consist of federal | 2176 |
| grants and awards or other assistance
received by the state and | 2177 |
| eligible for deposit therein under
applicable federal law, | 2178 |
| payments received by the department in
connection with providing | 2179 |
| financial assistance for qualifying
projects under division (B) of | 2180 |
|
this section, and such other amounts as may be provided by
law. | 2181 |
| The infrastructure bank obligations fund shall
consist of such | 2182 |
|
amounts of the proceeds of obligations issued
under section | 2183 |
| 5531.10 of the Revised Code as the
director of
transportation | 2184 |
| determines with the advice of the director of budget and | 2185 |
|
management; and
such other amounts as may be provided by law.
The | 2186 |
| director of budget and management, upon the
request of the | 2187 |
| director of transportation, may transfer amounts between
the funds | 2188 |
|
created in this division, except the infrastructure bank | 2189 |
| obligations fund.
The investment earnings of each fund created by | 2190 |
| this division shall be
credited to such fund. | 2191 |
| (B) The director of
transportation shall use the state | 2192 |
| infrastructure bank to
encourage public and private investment in | 2193 |
| transportation
facilities that contribute to the multi-modal and | 2194 |
| intermodal
transportation capabilities of the state, develop a | 2195 |
| variety of
financing techniques designed to expand the | 2196 |
| availability of
funding resources and to reduce direct state | 2197 |
| costs, maximize
private and local participation in financing | 2198 |
| projects, and
improve the efficiency of the state transportation | 2199 |
| system by
using and developing the particular advantages of each | 2200 |
|
transportation mode to the fullest extent. In furtherance of
these | 2201 |
| purposes, the director shall use the state infrastructure
bank to | 2202 |
| provide financial assistance to public or private
entities for | 2203 |
| qualified projects. Such assistance shall be in the
form of loans, | 2204 |
| loan guarantees, letters of credit, leases, lease-purchase | 2205 |
|
agreements, interest rate subsidies, debt
service reserves, and | 2206 |
| such
other forms as the director determines to be appropriate. All | 2207 |
|
fees, charges, rates of interest, payment schedules, security
for, | 2208 |
| and other terms and conditions relating to such assistance
shall | 2209 |
| be determined by the director. The highway and transit | 2210 |
|
infrastructure bank fund, the aviation infrastructure bank fund, | 2211 |
| and the rail
infrastructure bank fund may be used to pay debt | 2212 |
| service on obligations whose
proceeds have been deposited into the | 2213 |
| infrastructure bank obligations fund. | 2214 |
| (D) As used in this
section and in section 5531.10 of the | 2220 |
| Revised Code, "qualified project" means
any
public or private | 2221 |
|
transportation project as determined by the director of | 2222 |
| transportation,
including, without limitation, planning, | 2223 |
|
environmental impact studies, engineering, construction, | 2224 |
|
reconstruction, resurfacing, restoring,
rehabilitation, or | 2225 |
| replacement of public or private
transportation facilities within | 2226 |
| the state, studying the
feasibility thereof, and the acquisition | 2227 |
| of real or personal
property or interests therein; any highway, | 2228 |
| public transit,
aviation, rail, or other
transportation project | 2229 |
| eligible for financing or aid under any
federal or state program; | 2230 |
| and any project involving the
maintaining, repairing, improving, | 2231 |
| or construction of any public
or private highway, road, street, | 2232 |
| parkway, public
transit, aviation, or rail project,
and any | 2233 |
| related rights-of-way, bridges, tunnels,
railroad-highway | 2234 |
| crossings, drainage structures, signs,
guardrails, or protective | 2235 |
| structures. | 2236 |
| (E) The general assembly finds that state infrastructure | 2237 |
|
projects, as defined in division (A)(8) of section 5531.10 of the | 2238 |
| Revised Code, and
the state infrastructure bank, will materially | 2239 |
| contribute to the economic
revitalization of areas of the state | 2240 |
| and result in improving the economic
welfare of all the people of | 2241 |
| the state. Accordingly, it is declared to be the
public purpose of | 2242 |
| the state, through operations under sections 5531.09 and
5531.10 | 2243 |
| of the Revised Code, and other applicable laws adopted pursuant to | 2244 |
| Section
13 of Article VIII, Ohio Constitution, and
other authority | 2245 |
| vested in the general assembly, to assist in and facilitate
the | 2246 |
| purposes set forth in division (B) of section 5531.10 of the | 2247 |
| Revised Code,
and to assist and cooperate with any governmental | 2248 |
agency in achieving such
purposepurposes. | 2249 |
| (6) "Pledged receipts" means moneys accruing
to the state | 2274 |
| from the lease, lease-purchase, sale, or other
disposition, or | 2275 |
| use, of qualified projects,
and from the repayment, including | 2276 |
|
interest, of loans made from proceeds received from the sale of | 2277 |
|
obligations; accrued interest received from the sale of | 2278 |
|
obligations; income from the investment of the special funds;
any | 2279 |
| gifts, grants, donations, and pledges, and receipts
therefrom, | 2280 |
| available for the payment of bond service charges; and any amounts | 2281 |
|
in the state infrastructure bank pledged to the payment of such | 2282 |
| charges. If the amounts in the state infrastructure bank are | 2283 |
| insufficient for the payment of such charges, "pledged receipts" | 2284 |
| also means moneys that are apportioned by the United States | 2285 |
| secretary of transportation under United States Code, Title XXIII, | 2286 |
| as amended, or any successor legislation, or under any other | 2287 |
| federal law relating to aid for highways, and that are to be | 2288 |
| received as a grant by the state, to the extent the state is not | 2289 |
| prohibited by state or federal law from using such moneys and the | 2290 |
| moneys are pledged to the payment of such bond service charges. | 2291 |
| (B) The issuing authority, after giving written
notice to the | 2304 |
| director of budget and management and upon the certification
by | 2305 |
| the director of transportation to the issuing
authority of the | 2306 |
| amount of moneys or additional moneys needed either for
state | 2307 |
| infrastructure projects or to provide financial assistance for any | 2308 |
|
of the purposes for which the state
infrastructure bank may be | 2309 |
| used under section 5531.09 of the Revised Code,
or needed for | 2310 |
| capitalized
interest, funding reserves, and paying costs and | 2311 |
| expenses
incurred in connection with the issuance, carrying, | 2312 |
| securing,
paying, redeeming, or retirement of the obligations or | 2313 |
| any
obligations refunded thereby, including payment of costs and | 2314 |
|
expenses relating to letters of credit, lines of credit, | 2315 |
|
insurance, put agreements, standby purchase agreements, indexing, | 2316 |
|
marketing, remarketing and administrative arrangements, interest | 2317 |
|
swap or hedging agreements, and any other credit enhancement, | 2318 |
|
liquidity, remarketing, renewal, or refunding arrangements, all
of | 2319 |
| which are authorized by this section, shall issue obligations of | 2320 |
| the state
under this section in the
required amount. The proceeds | 2321 |
| of such obligations, except for the
portion to be deposited in | 2322 |
| special funds, including reserve
funds, as may be provided in the | 2323 |
| bond proceedings, shall as
provided in the bond proceedings be | 2324 |
| credited to the infrastructure bank
obligations fund of the state | 2325 |
| infrastructure
bank created by section 5531.09
of the Revised Code | 2326 |
| and disbursed as provided in the bond proceedings for such | 2327 |
| obligations. The issuing authority may appoint trustees, paying | 2328 |
|
agents, transfer agents, and authenticating
agents, and may retain | 2329 |
| the services of financial
advisors, accounting experts, and | 2330 |
| attorneys, and retain or
contract for the services of marketing, | 2331 |
| remarketing, indexing,
and administrative agents, other | 2332 |
| consultants, and independent
contractors, including printing | 2333 |
| services, as are necessary in the
issuing authority's judgment to | 2334 |
| carry out this section. The
costs of such services are payable | 2335 |
| from funds of the
state infrastructure bank. | 2336 |
(C) TheExcept as otherwise provided in this division, the | 2337 |
| holders or owners of such obligations shall have
no right to have | 2338 |
| moneys raised by taxation by the state of
Ohio obligated or | 2339 |
| pledged, and moneys so raised shall not
be obligated or pledged, | 2340 |
|
for the payment of bond service charges. The municipal | 2341 |
| corporations and counties may pledge and obligate moneys received | 2342 |
| pursuant to sections 4501.04, 5709.42, 5709.79, 5735.23, 5735.27, | 2343 |
| and 5735.291 of the Revised Code to the payment of amounts payable | 2344 |
| by those municipal corporations and counties to the state | 2345 |
| infrastructure bank pursuant to section 5531.09 of the Revised | 2346 |
| Code, and the bond proceedings for obligations may provide that | 2347 |
| such payments shall constitute pledged receipts, provided such | 2348 |
| moneys are obligated, pledged, and paid only with respect to | 2349 |
| obligations issued exclusively for public transportation projects. | 2350 |
| The right of such holders
and owners to the payment of bond | 2351 |
| service charges is limited to all
or that portion of the pledged | 2352 |
| receipts and those special funds
pledged thereto pursuant to the | 2353 |
| bond proceedings for such obligations
in accordance
with this | 2354 |
| section, and each such obligation shall bear on its
face a | 2355 |
| statement to that effect. | 2356 |
| (D) Obligations shall be authorized by order
of the issuing | 2357 |
| authority and the bond proceedings shall provide
for the purpose | 2358 |
| thereof and the principal amount or amounts, and
shall provide for | 2359 |
| or authorize the manner or agency for
determining the principal | 2360 |
| maturity or maturities, not exceeding
twenty-five years from the | 2361 |
| date of issuance, the interest rate or
rates or the maximum | 2362 |
| interest rate, the date of the obligations
and the dates of | 2363 |
| payment of interest thereon, their denomination,
and the | 2364 |
| establishment within or without the state of a place or
places of | 2365 |
| payment of bond service charges. Sections 9.98 to
9.983 of the | 2366 |
| Revised Code are applicable to obligations issued
under this | 2367 |
| section. The purpose of such
obligations may be stated in the bond | 2368 |
| proceedings in terms
describing the general purpose or purposes to | 2369 |
| be served. The
bond proceedings also shall provide, subject to the | 2370 |
| provisions of
any other applicable bond proceedings, for the | 2371 |
| pledge of all, or
such part as the issuing authority may | 2372 |
|
determine, of the pledged
receipts and the applicable special fund | 2373 |
| or funds to the payment
of bond service charges, which pledges may | 2374 |
| be made either prior
or subordinate to other expenses, claims, or | 2375 |
| payments, and may be
made to secure the obligations on a parity | 2376 |
| with obligations
theretofore or thereafter issued, if and to the | 2377 |
| extent provided
in the bond proceedings. The pledged receipts and | 2378 |
| special funds
so pledged and thereafter received by the state | 2379 |
| immediately
are subject to the lien of such pledge without any | 2380 |
| physical delivery
thereof or further act, and the lien of any such | 2381 |
| pledges is valid
and binding against all parties having claims of | 2382 |
| any kind against
the state or any governmental agency of the | 2383 |
| state, irrespective
of whether such parties have notice thereof, | 2384 |
| and shall create a
perfected security interest for all purposes of | 2385 |
| Chapter 1309. of the Revised
Code, without the necessity for | 2386 |
| separation or
delivery of funds or for the filing or recording of | 2387 |
| the bond
proceedings by which such pledge is created or any | 2388 |
| certificate,
statement, or other document with respect thereto; | 2389 |
| and the pledge
of such pledged receipts and special funds is | 2390 |
| effective and the
money therefrom and thereof may be applied to | 2391 |
| the purposes for
which pledged without necessity for any act of | 2392 |
| appropriation.
Every pledge, and every covenant and agreement made | 2393 |
| with respect
thereto, made in the bond proceedings may therein be | 2394 |
| extended to
the benefit of the owners and holders of obligations | 2395 |
| authorized
by this section, and to any trustee therefor, for the | 2396 |
| further
security of the payment of the bond service charges. | 2397 |
| (F) The obligations may have the great seal of the state
or a | 2427 |
| facsimile thereof affixed thereto or printed thereon. The | 2428 |
|
obligations and any coupons pertaining to obligations shall be | 2429 |
|
signed or bear the facsimile signature of the issuing authority. | 2430 |
|
Any obligations or coupons may be executed by the person who, on | 2431 |
|
the date of execution, is the proper issuing authority although
on | 2432 |
| the date of such bonds or coupons such person was not the
issuing | 2433 |
| authority. In case the issuing authority whose signature
or a | 2434 |
| facsimile of whose signature appears on any such obligation
or | 2435 |
| coupon ceases to be the issuing authority before delivery
thereof, | 2436 |
| such signature or facsimile nevertheless is valid
and sufficient | 2437 |
| for all purposes as if the former issuing
authority had remained | 2438 |
| the issuing
authority until such delivery; and in case the seal to | 2439 |
| be affixed
to obligations has been changed after a facsimile of | 2440 |
| the seal has
been imprinted on such obligations, such facsimile | 2441 |
| seal shall
continue to be sufficient as to such obligations and | 2442 |
| obligations
issued in substitution or exchange therefor. | 2443 |
| (K) Any holder of obligations or a trustee under the bond | 2489 |
|
proceedings, except to the extent that the holder's or
trustee's | 2490 |
| rights are restricted
by the bond proceedings, may by any suitable | 2491 |
| form of legal
proceedings, protect and enforce any rights under | 2492 |
| the laws of
this state or granted by such bond proceedings. Such | 2493 |
| rights
include the right to compel the performance of all duties | 2494 |
| of the
issuing authority and the director of transportation | 2495 |
| required by the bond
proceedings or sections 5531.09 and 5531.10 | 2496 |
| of the
Revised Code; to enjoin unlawful activities; and in the | 2497 |
|
event of
default with respect to the payment of any bond service | 2498 |
| charges
on any obligations or in the performance of any covenant | 2499 |
| or
agreement on the part of the issuing authority or the director | 2500 |
| of
transportation in the bond
proceedings, to apply to a court | 2501 |
| having jurisdiction of the cause
to appoint a receiver to receive | 2502 |
| and administer the pledged
receipts and special funds, other than | 2503 |
| those in the custody of
the treasurer of state, which are pledged | 2504 |
| to the payment of the
bond service charges on such obligations or | 2505 |
| which are the subject
of the covenant or agreement, with full | 2506 |
| power to pay, and to
provide for payment of bond service charges | 2507 |
| on, such obligations,
and with such powers, subject to the | 2508 |
| direction of the court, as
are accorded receivers in general | 2509 |
| equity cases, excluding any
power to pledge additional revenues or | 2510 |
| receipts or other income
or moneys of the state or local | 2511 |
|
governmental entities, or agencies
thereof, to the payment of such | 2512 |
| principal and
interest and excluding the power to take possession | 2513 |
| of, mortgage,
or cause the sale or otherwise dispose of any | 2514 |
| project facilities. | 2515 |
| Each duty of the issuing authority and the issuing | 2516 |
|
authority's officers and employees, and of each state or local | 2517 |
|
governmental
agency and its officers, members, or employees, | 2518 |
| undertaken
pursuant to the bond proceedings or any loan, loan | 2519 |
|
guarantee, lease, lease-purchase agreement, or
other agreement | 2520 |
| made under authority of section
5531.09 of the Revised Code, and | 2521 |
| in every agreement by
or with the issuing authority,
is hereby | 2522 |
| established as a duty of the issuing authority, and of
each such | 2523 |
| officer, member, or employee having authority to
perform such | 2524 |
| duty, specifically enjoined by the law resulting
from an office, | 2525 |
| trust, or station within the meaning of section
2731.01 of the | 2526 |
| Revised Code. | 2527 |
| (L) The issuing authority may authorize and issue
obligations | 2532 |
| for the refunding, including funding and retirement,
and advance | 2533 |
| refunding with or without payment or redemption prior
to maturity, | 2534 |
| of any obligations previously issued by the issuing
authority. | 2535 |
| Such obligations may be issued in amounts sufficient
for payment | 2536 |
| of the principal amount of the prior obligations, any
redemption | 2537 |
| premiums thereon, principal maturities of any such
obligations | 2538 |
| maturing prior to the redemption of the remaining
obligations on a | 2539 |
| parity therewith, interest accrued or to accrue
to the maturity | 2540 |
| dates or dates of redemption of such obligations,
and any expenses | 2541 |
| incurred or to be
incurred in connection with such issuance and | 2542 |
| such refunding,
funding, and retirement. Subject to the bond | 2543 |
| proceedings
therefor, the portion of proceeds of the sale of | 2544 |
| obligations
issued under this division to be applied to bond | 2545 |
| service charges
on the prior obligations shall be credited to an | 2546 |
| appropriate
account held by the trustee for such prior or new | 2547 |
| obligations or
to the appropriate account in the bond service fund | 2548 |
| for such
obligations. Obligations authorized under this division | 2549 |
| shall be
deemed to be issued for those purposes for which such | 2550 |
| prior
obligations were issued and are subject to the provisions of | 2551 |
| this
section pertaining to other obligations, except as otherwise | 2552 |
|
provided in this section. The
last maturity of obligations | 2553 |
| authorized under this division shall not be later
than twenty-five | 2554 |
| years from the date of issuance of the original securities
issued | 2555 |
| for the original purpose. | 2556 |
| (M) The authority to issue obligations under this section | 2557 |
|
includes authority to issue obligations in the form of bond | 2558 |
|
anticipation notes and to renew the same from time to time by the | 2559 |
|
issuance of new notes. The holders of such notes or interest | 2560 |
|
coupons pertaining thereto shall have a right to be paid solely | 2561 |
|
from the pledged receipts and special funds that may be pledged
to | 2562 |
| the payment of the bonds anticipated, or from the proceeds of
such | 2563 |
| bonds or renewal notes, or both, as the issuing authority
provides | 2564 |
| in the order authorizing such notes. Such
notes may be | 2565 |
| additionally secured by covenants of the issuing
authority to the | 2566 |
| effect that the issuing authority and the state
will do such or | 2567 |
| all things necessary for the issuance of such
bonds or renewal | 2568 |
| notes in the appropriate amount, and apply the
proceeds thereof to | 2569 |
| the extent necessary, to make full payment of
the principal of and | 2570 |
| interest on such notes at the time or times
contemplated, as | 2571 |
| provided in such order. For such
purpose, the issuing authority | 2572 |
| may issue bonds or renewal notes
in such principal amount and upon | 2573 |
| such terms as may be necessary
to provide funds to pay when | 2574 |
| required the principal of and
interest on such notes, | 2575 |
| notwithstanding any limitations
prescribed by or for purposes of | 2576 |
| this section. Subject to this
division, all provisions for and | 2577 |
| references to obligations in
this section are applicable to notes | 2578 |
| authorized under this
division. | 2579 |
| (N) Obligations issued under this section are lawful | 2584 |
|
investments for banks, societies for savings, savings and loan | 2585 |
|
associations, deposit guarantee associations, trust companies, | 2586 |
|
trustees, fiduciaries, insurance companies, including domestic
for | 2587 |
| life and domestic not for life, trustees or other officers
having | 2588 |
| charge of sinking and bond retirement or other special
funds of | 2589 |
| political subdivisions and taxing districts of this
state, the | 2590 |
| commissioners of the sinking fund of the state, the
administrator | 2591 |
of workers' compensation in accordance with the investment
policy | 2592 |
established by the workers' compensation oversight commission | 2593 |
pursuant
to section 4121.12 of the Revised Code, the state | 2594 |
| teachers retirement
system, the public employees retirement | 2595 |
| system, the school
employees retirement system, and the Ohio | 2596 |
| police and
fire pension fund, notwithstanding any other
provisions | 2597 |
|
of the Revised Code or rules adopted pursuant thereto by any | 2598 |
|
agency of the state with respect to investments by
them, and are | 2599 |
| also acceptable as security for the deposit of
public moneys. | 2600 |
| (O) Unless otherwise provided in any applicable bond | 2601 |
|
proceedings, moneys to the credit of or in the special funds | 2602 |
|
established by or pursuant to this section may be invested by or | 2603 |
|
on behalf of the issuing authority only in notes, bonds, or other | 2604 |
|
obligations of the United States, or of any agency or | 2605 |
|
instrumentality of the United States, obligations guaranteed
as to | 2606 |
| principal and interest by the United States,
obligations of this | 2607 |
| state or
any political subdivision of this state, and certificates | 2608 |
| of deposit of
any national bank located in this state and any | 2609 |
| bank, as defined
in section 1101.01 of the Revised Code, subject | 2610 |
| to inspection by
the superintendent of financial institutions. If | 2611 |
| the law
or the instrument
creating a trust pursuant to division | 2612 |
| (J) of this section
expressly permits investment in direct | 2613 |
| obligations of the United
States or an agency of the United | 2614 |
| States, unless
expressly prohibited by the
instrument, such moneys | 2615 |
| also may be invested in no-front-end-load
money market mutual | 2616 |
| funds consisting exclusively of obligations
of the United States | 2617 |
| or an agency of the United
States and in repurchase
agreements, | 2618 |
| including those issued by the fiduciary itself,
secured by | 2619 |
| obligations of the United States or an agency of
the United | 2620 |
| States;
and in collective
investment funds as defined in division | 2621 |
| (A) of section
1111.01 of the Revised Code and consisting | 2622 |
| exclusively
of any
such securities.
The income from such | 2623 |
| investments shall be credited to such funds
as the issuing | 2624 |
| authority determines, and such investments may be
sold at such | 2625 |
| times as the issuing authority determines or
authorizes. | 2626 |
| (2) An action taken under division
(Q)(2) of this section | 2646 |
| does not limit the
generality of division (Q)(1) of this section, | 2647 |
| and is subject to
division (C) of this section and, if and to the | 2648 |
| extent otherwise
applicable, Section 13 of Article VIII,
Ohio | 2649 |
| Constitution. The bond proceedings may contain a
covenant that, in | 2650 |
| the event the pledged
receipts primarily pledged and required to | 2651 |
| be used for the payment of bond
service charges on obligations | 2652 |
| issued under this section, and for the
establishment and | 2653 |
| maintenance of any reserves, as provided in the bond
proceedings, | 2654 |
| are insufficient to make any such payment in full when due, or to | 2655 |
|
maintain any such reserve, the director of transportation shall so | 2656 |
| notify the
governor, and shall determine to what extent, if any, | 2657 |
| the payment may be made
or moneys may be restored to the reserves | 2658 |
| from lawfully available moneys
previously appropriated for that | 2659 |
| purpose to the department of transportation.
The covenant also may | 2660 |
|
provide that if the payments are not made or the moneys are not | 2661 |
| immediately
and
fully restored to the reserves from such moneys, | 2662 |
| the director shall
promptly submit to the governor and to the | 2663 |
| director of budget and management a
written request for either or | 2664 |
| both of the following: | 2665 |
| (R) There is hereby created the state infrastructure bank | 2686 |
| revenue
bond service fund, which shall be in the custody of the | 2687 |
| treasurer of
state but shall not be a part of the
state treasury. | 2688 |
| All moneys received by or on account of the
issuing authority or | 2689 |
| state agencies and required by the
applicable bond proceedings, | 2690 |
| consistent with this section, to be
deposited, transferred, or | 2691 |
| credited to the bond service fund, and all
other moneys | 2692 |
| transferred or allocated to or received for the purposes of the | 2693 |
|
fund, shall be deposited and credited to such fund and to any | 2694 |
|
separate accounts therein, subject to applicable provisions of
the | 2695 |
| bond proceedings, but without necessity for any act of | 2696 |
|
appropriation. The state infrastructure
bank
revenue bond service | 2697 |
| fund is a trust fund and is
hereby pledged to the payment of bond | 2698 |
| service charges to the
extent provided in the applicable bond | 2699 |
| proceedings, and payment
thereof from such fund shall be made or | 2700 |
| provided for by the
treasurer of state in accordance with such | 2701 |
| bond proceedings
without necessity for any act of appropriation. | 2702 |
| Sec. 5735.05. (A) To provide revenue for maintaining the | 2768 |
|
state highway system; to widen existing surfaces on such
highways; | 2769 |
| to resurface such highways; to pay that portion of the | 2770 |
|
construction cost of a highway project which a county, township, | 2771 |
|
or municipal corporation normally would be required to pay, but | 2772 |
|
which the director of transportation, pursuant to division (B) of | 2773 |
|
section 5531.08 of the Revised Code, determines instead will be | 2774 |
|
paid from moneys in the highway operating fund; to enable the | 2775 |
|
counties of the state properly to plan, maintain, and repair
their | 2776 |
| roads and to pay principal, interest, and charges on bonds
and | 2777 |
| other obligations issued pursuant to Chapter 133. of the
Revised | 2778 |
| Code or incurred pursuant to section 5531.09 of the Revised Code | 2779 |
| for highway improvements; to enable the municipal
corporations to | 2780 |
| plan, construct, reconstruct, repave, widen,
maintain, repair, | 2781 |
| clear, and clean public highways, roads, and
streets, and to pay | 2782 |
| the principal, interest, and charges on bonds
and other | 2783 |
| obligations issued pursuant to Chapter 133. of the
Revised Code or | 2784 |
| incurred pursuant to section 5531.09 of the Revised Code for | 2785 |
| highway improvements; to enable the Ohio
turnpike commission to | 2786 |
| construct, reconstruct, maintain, and
repair turnpike projects; to | 2787 |
| maintain and repair bridges and
viaducts; to purchase, erect, and | 2788 |
| maintain street and traffic
signs and markers; to purchase, erect, | 2789 |
| and maintain traffic
lights and signals; to pay the costs | 2790 |
| apportioned to the public
under sections 4907.47 and 4907.471 of | 2791 |
| the Revised Code and to
supplement revenue already available for | 2792 |
| such purposes; to pay
the costs incurred by the public utilities | 2793 |
| commission in
administering sections 4907.47 to 4907.476 of the | 2794 |
| Revised Code;
to distribute equitably among those persons using | 2795 |
| the privilege
of driving motor vehicles upon such highways and | 2796 |
| streets the cost
of maintaining and repairing them; to pay the | 2797 |
| interest,
principal, and charges on highway capital improvements | 2798 |
| bonds and other
obligations issued
pursuant to Section 2m of | 2799 |
| Article VIII, Ohio Constitution,
and section 151.06 of the Revised | 2800 |
| Code; to pay the
interest, principal, and charges on highway | 2801 |
| obligations issued
pursuant to Section 2i of Article VIII, Ohio | 2802 |
| Constitution, and
sections 5528.30 and 5528.31 of the Revised | 2803 |
| Code; to provide
revenue for the purposes of sections 1547.71 to | 2804 |
| 1547.78 of the
Revised Code; and to pay the expenses of the | 2805 |
| department of taxation incident to the administration of the motor | 2806 |
| fuel laws, a motor fuel excise tax is hereby imposed on
all motor | 2807 |
| fuel dealers upon receipt of motor fuel within
this state at the | 2808 |
| rate of two cents plus
the cents per gallon rate on each gallon so | 2809 |
| received, to be computed in
the manner set forth in section | 2810 |
| 5735.06
of the Revised Code; provided that no tax is hereby | 2811 |
| imposed upon
the following transactions: | 2812 |
| (2) An amount equal to five cents multiplied by the number
of | 2937 |
| gallons of motor fuel sold at stations operated by the
Ohio | 2938 |
| turnpike commission, such gallonage to be certified by the | 2939 |
|
commission to the treasurer of state not later than the last day | 2940 |
|
of the month following. The funds paid to the commission
pursuant | 2941 |
| to this section shall be expended for the construction, | 2942 |
|
reconstruction, maintenance, and repair of turnpike projects, | 2943 |
|
except that the funds may not be expended for the construction of | 2944 |
|
new interchanges. The funds also may be expended for the | 2945 |
|
construction, reconstruction, maintenance, and repair of those | 2946 |
|
portions of connecting public roads that serve existing | 2947 |
|
interchanges and are determined by the commission and the
director | 2948 |
| of transportation to be necessary for the safe merging
of traffic | 2949 |
| between the turnpike and those public roads. | 2950 |
(D) Beginning on the first day ofMonthly from September to | 2989 |
February of each fiscal year, anyan amount equal to one-sixth of | 2990 |
| the amount certified in July of that year by the treasurer of | 2991 |
| state pursuant to division (Q) of section 151.01 of the Revised | 2992 |
| Code shall, from amounts
required to be
credited or
transferred to | 2993 |
| the highway operating fund pursuant to division
(B)(2)(c) or | 2994 |
(C)(2)(d) of this
section shall, be credited or transferred to the | 2995 |
| highway capital
improvement
bond service fund created in section | 2996 |
| 151.06 of the
Revised Code. If, in any of those months, the amount | 2997 |
| available to be credited or transferred to the bond service fund | 2998 |
| is less than one-sixth of the amount so certified, the shortfall | 2999 |
| shall be added to the amount due the next succeeding month. Any | 3000 |
| amount still due at the end of the six-month period shall be | 3001 |
| credited or transferred as the money becomes available, until such | 3002 |
| time as the office of budget and management
receives certification | 3003 |
| from the treasurer of state or the treasurer of state's
designee | 3004 |
| that sufficient money has been credited
or transferred to the bond | 3005 |
| service fund to meet in full all
payments of debt service and | 3006 |
| financing costs due during the fiscal
year from that fund. | 3007 |
| Sec. 5735.25. To provide revenue for supplying the state's | 3008 |
|
share of the cost of planning, constructing, widening, and | 3009 |
|
reconstructing the state highways; for supplying the state's
share | 3010 |
| of the cost of eliminating railway grade crossings upon
such | 3011 |
| highways; to pay that portion of the construction cost of a | 3012 |
|
highway project which a county, township, or municipal
corporation | 3013 |
| normally would be required to pay, but which the
director of | 3014 |
| transportation, pursuant to division (B) of section
5531.08 of the | 3015 |
| Revised Code, determines instead will be paid from
moneys in the | 3016 |
| highway operating fund; to enable the counties and
townships of | 3017 |
| the state to properly plan, construct, widen,
reconstruct, and | 3018 |
| maintain their public highways, roads, and
streets; to enable | 3019 |
| counties to pay principal, interest, and
charges on bonds and | 3020 |
| other obligations issued pursuant to Chapter
133. of the Revised | 3021 |
| Code or incurred pursuant to section 5531.09 of the Revised Code | 3022 |
| for highway improvements; to enable
municipal corporations to | 3023 |
| plan, construct, reconstruct, repave,
widen, maintain, repair, | 3024 |
| clear, and clean public highways, roads,
and streets; to enable | 3025 |
| municipal corporations to pay the
principal, interest, and charges | 3026 |
| on bonds and other obligations
issued pursuant to Chapter 133. of | 3027 |
| the Revised Code or incurred pursuant to section 5531.09 of the | 3028 |
| Revised Code for highway
improvements; to maintain and repair | 3029 |
| bridges and viaducts; to
purchase, erect, and maintain street and | 3030 |
| traffic signs and
markers; to purchase, erect, and maintain | 3031 |
| traffic lights and
signals; to pay the costs apportioned to the | 3032 |
| public under section
4907.47 of the Revised Code; to provide | 3033 |
| revenue for the purposes
of sections 1547.71 to 1547.78 of the | 3034 |
| Revised Code and to
supplement revenue already available for such | 3035 |
| purposes; to pay
the expenses of the department of taxation | 3036 |
| incident to the
administration of the motor fuel laws, to | 3037 |
| supplement
revenue already available for such purposes, to pay the | 3038 |
| interest,
principal, and charges on bonds and other obligations | 3039 |
| issued
pursuant to Section 2g of Article VIII, Ohio Constitution, | 3040 |
| and
sections 5528.10 and 5528.11 of the Revised Code; and to pay | 3041 |
| the
interest, principal, and charges on highway obligations issued | 3042 |
|
pursuant to Section 2i of Article VIII, Ohio Constitution, and | 3043 |
|
sections 5528.30 and 5528.31 of the Revised Code, a motor
fuel | 3044 |
| excise tax is hereby imposed on all
motor fuel dealers upon their | 3045 |
| receipt of motor fuel
within this state, at the rate of two cents | 3046 |
| per gallon on each gallon so
received. This tax is subject to the | 3047 |
|
specific
exemptions set forth in this chapter of the
Revised Code. | 3048 |
| It shall be reported, computed, paid, collected,
administered, | 3049 |
| enforced, and refunded, and the failure properly
and correctly to | 3050 |
| report and pay the tax shall be penalized, in
exactly the same | 3051 |
| manner as is provided in this chapter.
Such
sections relating to | 3052 |
| motor fuel excise taxes are
reenacted and incorporated as if | 3053 |
| specifically set forth in this
section. The tax levied by this | 3054 |
| section shall be in addition to
the tax imposed under this | 3055 |
| chapter. | 3056 |
| (1) The amount credited pursuant to divisions (B)(2)(a)
and | 3060 |
| (C)(2)(a) of section 5735.23 of the Revised Code shall be | 3061 |
|
distributed among municipal corporations. The amount paid to
each | 3062 |
| municipal corporation shall be that proportion of the amount
to be | 3063 |
| so distributed that the number of motor vehicles registered
within | 3064 |
| such municipal corporation bears to the total number of
motor | 3065 |
| vehicles registered within all the municipal corporations
of this | 3066 |
| state during the preceding motor vehicle registration
year. When a | 3067 |
| new village is incorporated, the registrar of motor
vehicles shall | 3068 |
| determine from the applications on file in the
bureau of motor | 3069 |
| vehicles the number of motor vehicles located
within the territory | 3070 |
| comprising the village during the entire
registration year in | 3071 |
| which such municipal corporation was
incorporated. The registrar | 3072 |
| shall forthwith certify the number
of motor vehicles so determined | 3073 |
| to the tax commissioner for use
in distributing motor vehicle fuel | 3074 |
| tax funds to such village
until such village is qualified to | 3075 |
| participate in the
distribution of such funds pursuant to this | 3076 |
| division. The number
of such motor vehicle registrations shall be | 3077 |
| determined by the
official records of the bureau of motor | 3078 |
| vehicles. The amount
received by each municipal corporation shall | 3079 |
| be used to plan,
construct, reconstruct, repave, widen, maintain, | 3080 |
| repair, clear,
and clean public highways, roads, and streets; to | 3081 |
| maintain and
repair bridges and viaducts; to purchase, erect, and | 3082 |
| maintain
street and traffic signs and markers; to pay the costs | 3083 |
|
apportioned to the municipal corporation under section 4907.47 of | 3084 |
|
the Revised Code; to purchase, erect, and maintain traffic lights | 3085 |
|
and signals; to pay the principal, interest, and charges on bonds | 3086 |
|
and other obligations issued pursuant to Chapter 133. of the | 3087 |
|
Revised Code or incurred pursuant to section 5531.09 of the | 3088 |
| Revised Code for the purpose of acquiring or constructing roads, | 3089 |
|
highways, bridges, or viaducts or acquiring or making other | 3090 |
|
highway improvements for which the municipal corporation may
issue | 3091 |
| bonds; and to supplement revenue already available for such | 3092 |
|
purposes. | 3093 |
| (2) The amount credited pursuant to division (B) of
section | 3094 |
| 5735.26 of the Revised Code shall be distributed among
the | 3095 |
| municipal corporations within the state, in the proportion
which | 3096 |
| the number of motor vehicles registered within each
municipal | 3097 |
| corporation bears to the total number of motor vehicles
registered | 3098 |
| within all the municipal corporations of the state
during the | 3099 |
| preceding calendar year, as shown by the official
records of the | 3100 |
| bureau of motor vehicles, and shall be expended by
each municipal | 3101 |
| corporation to plan, construct, reconstruct,
repave, widen, | 3102 |
| maintain, repair, clear, and clean public
highways, roads and | 3103 |
| streets; to maintain and repair bridges and
viaducts; to purchase, | 3104 |
| erect, and maintain street and traffic
signs and markers; to | 3105 |
| purchase, erect, and maintain traffic
lights and signals; to pay | 3106 |
| costs apportioned to the municipal
corporation under section | 3107 |
| 4907.47 of the Revised Code; to pay the
principal, interest, and | 3108 |
| charges on bonds and other obligations
issued pursuant to Chapter | 3109 |
| 133. of the Revised Code or incurred pursuant to section 5531.09 | 3110 |
| of the Revised Code for the
purpose of acquiring or constructing | 3111 |
| roads, highways, bridges, or
viaducts or acquiring or making other | 3112 |
| highway improvements for
which the municipal corporation may issue | 3113 |
| bonds; and to
supplement revenue already available for such | 3114 |
| purposes. | 3115 |
| (3) The amount credited pursuant to divisions (B)(2)(b)
and | 3116 |
| (C)(2)(c) of section 5735.23 of the Revised Code shall be
paid in | 3117 |
| equal proportions to the county treasurer of each county
within | 3118 |
| the state and shall be used only for the purposes of
planning, | 3119 |
| maintaining, and repairing the county system of public
roads and | 3120 |
| highways within such county; the planning,
construction, and | 3121 |
| repair of walks or paths along county roads in
congested areas; | 3122 |
| the planning, construction, purchase, lease,
and maintenance of | 3123 |
|
suitable buildings for the housing and repair of county road | 3124 |
|
machinery, housing of supplies, and housing of personnel | 3125 |
| associated
with the machinery and supplies; the
payment of costs | 3126 |
| apportioned to the county under section 4907.47
of the Revised | 3127 |
| Code; the payment of principal, interest, and
charges on bonds and | 3128 |
| other obligations issued pursuant to Chapter
133. of the Revised | 3129 |
| Code or incurred pursuant to section 5531.09 of the Revised Code | 3130 |
| for the purpose of acquiring or
constructing roads, highways, | 3131 |
| bridges, or viaducts or acquiring
or making other highway | 3132 |
| improvements for which the board of
county commissioners may issue | 3133 |
| bonds under that chapter; and the
purchase, installation, and | 3134 |
| maintenance of traffic signal lights. | 3135 |
| (4) The amount credited pursuant to division (C) of
section | 3136 |
| 5735.26 of the Revised Code shall be paid in equal
proportions to | 3137 |
| the county treasurer of each county for the
purposes of planning, | 3138 |
| maintaining, constructing, widening, and
reconstructing the county | 3139 |
| system of public roads and highways;
paying principal, interest, | 3140 |
| and charges on bonds and other
obligations issued pursuant to | 3141 |
| Chapter 133. of the Revised Code
or incurred pursuant to section | 3142 |
| 5531.09 of the Revised Code for the purpose of acquiring or | 3143 |
| constructing roads, highways,
bridges, or viaducts or acquiring or | 3144 |
| making other highway
improvements for which the board of county | 3145 |
| commissioners may
issue bonds under such chapter; and paying costs | 3146 |
| apportioned to
the county under section 4907.47 of the Revised | 3147 |
| Code. | 3148 |
| No part of the funds shall be used for any purpose except
to | 3195 |
| pay in whole or part the contract price of any such work done
by | 3196 |
| contract, or to pay the cost of labor in planning,
constructing, | 3197 |
| widening, and reconstructing such roads and
highways, and the cost | 3198 |
| of materials forming a part of the
improvement; provided, that | 3199 |
| such funds may be used for the
purchase of road machinery and | 3200 |
| equipment and for the planning,
construction, and maintenance of | 3201 |
| suitable buildings for housing
road machinery and equipment, and | 3202 |
| that all such improvement of
roads shall be under supervision and | 3203 |
| direction of the county
engineer as provided in section 5575.07 of | 3204 |
| the Revised Code. No
obligation against such funds shall be | 3205 |
| incurred unless plans and
specifications for such improvement, | 3206 |
| approved by the county
engineer, are on file in the office of the | 3207 |
| township clerk, and
all contracts for material and for work done | 3208 |
| by contract shall be
approved by the county engineer before being | 3209 |
| signed by the board
of township trustees. The board of township | 3210 |
| trustees of any
township may pass a resolution permitting the | 3211 |
| board of county
commissioners to expend such township's share of | 3212 |
| the funds, or
any portion thereof, for the improvement of such | 3213 |
| roads within the
township as may be designated in the resolution. | 3214 |
| (1) The amount credited pursuant to divisions (B)(2)(c)
and | 3221 |
| (C)(2)(d) of section 5735.23 of the Revised Code shall be | 3222 |
|
apportioned to and expended by the department of transportation | 3223 |
|
for the purposes of planning, maintaining, repairing, and keeping | 3224 |
|
in passable condition for travel the roads and highways of the | 3225 |
|
state required by law to be maintained by the department; paying | 3226 |
|
the costs apportioned to the state under section 4907.47 of the | 3227 |
|
Revised Code; paying that portion of the construction cost of a | 3228 |
|
highway project which a county, township, or municipal
corporation | 3229 |
| normally would be required to pay, but which the
director of | 3230 |
| transportation, pursuant to division (B) of section
5531.08 of the | 3231 |
| Revised Code, determines instead will be paid from
moneys in the | 3232 |
| highway operating fund; and paying the costs of the
department of | 3233 |
| public safety in administering and enforcing the
state law | 3234 |
| relating to the registration and operation of motor
vehicles. | 3235 |
| (2) The amount credited pursuant to division (A) of
section | 3236 |
| 5735.26 of the Revised Code shall be used for paying the
state's | 3237 |
| share of the cost of planning, constructing, widening, | 3238 |
|
maintaining, and reconstructing the state highways; paying that | 3239 |
|
portion of the construction cost of a highway project which a | 3240 |
|
county, township, or municipal corporation normally would be | 3241 |
|
required to pay, but which the director of transportation, | 3242 |
|
pursuant to division (B) of section 5531.08 of the Revised Code, | 3243 |
|
determines instead will be paid from moneys in the highway | 3244 |
|
operating fund; and also for supplying the state's share of the | 3245 |
|
cost of eliminating railway grade crossings upon such highways
and | 3246 |
| costs apportioned to the state under section 4907.47 of the | 3247 |
|
Revised Code. The director of transportation may expend portions | 3248 |
|
of such amount upon extensions of state highways within municipal | 3249 |
|
corporations or upon portions of state highways within municipal | 3250 |
|
corporations, as is provided by law. | 3251 |
| Sec. 5735.28. Wherever a municipal corporation is on the | 3252 |
| line of the state
highway system as designated by the director of | 3253 |
| transportation as an extension
or continuance of the state highway | 3254 |
| system, seven and one-half per cent of the
amount paid to any | 3255 |
| municipal corporation pursuant to sections 4501.04,
5735.23,
and | 3256 |
| 5735.27 of the Revised Code shall be used by it only to construct, | 3257 |
|
reconstruct, repave, widen, maintain, and repair such highways, to | 3258 |
| purchase,
erect, and maintain traffic lights and signals, and to | 3259 |
| erect and maintain
street and traffic signs and markers on such | 3260 |
| highways, or to pay principal, interest, and charges on bonds and | 3261 |
| other obligations issued pursuant to Chapter 133. of the Revised | 3262 |
| Code or incurred pursuant to section 5531.09 of the Revised Code | 3263 |
| for such purposes. | 3264 |
| Sec. 5735.29. To provide revenue for supplying the state's | 3265 |
|
share of the cost of constructing, widening, maintaining, and | 3266 |
|
reconstructing the state highways; to maintain and repair bridges | 3267 |
|
and viaducts; to purchase, erect, and maintain street and traffic | 3268 |
|
signs and markers; to purchase, erect, and maintain traffic
lights | 3269 |
| and signals; to pay the expense of administering and
enforcing the | 3270 |
| state law relative to the registration and
operation of motor | 3271 |
| vehicles; to make road improvements associated with
retaining
or | 3272 |
| attracting business for this state, to pay that portion of the | 3273 |
| construction
cost of a highway project which a county, township, | 3274 |
| or municipal
corporation normally would be required to pay, but | 3275 |
| which the
director of transportation, pursuant to division (B) of | 3276 |
| section
5531.08 of the Revised Code, determines instead will be | 3277 |
| paid from
moneys in the highway operating fund; to provide revenue | 3278 |
| for the
purposes of sections 1547.71 to 1547.78 of the Revised | 3279 |
| Code; and
to supplement revenue already available for such | 3280 |
| purposes, to pay
the expenses of the department of taxation | 3281 |
| incident to the
administration of the motor fuel laws, to | 3282 |
| supplement
revenue already available for such purposes; and to pay | 3283 |
| the
interest, principal, and charges on highway obligations issued | 3284 |
|
pursuant to Section 2i of Article VIII, Ohio Constitution, and | 3285 |
|
sections 5528.30 and 5528.31 of the Revised Code; to enable the | 3286 |
| counties and townships of the state to properly plan, construct, | 3287 |
| widen, reconstruct, and maintain their public highways, roads, and | 3288 |
| streets; to enable counties to pay principal, interest, and | 3289 |
| charges on bonds and other obligations issued pursuant to Chapter | 3290 |
| 133. of the Revised Code or incurred pursuant to section 5531.09 | 3291 |
| of the Revised Code for highway improvements; to enable municipal | 3292 |
| corporations to plan, construct, reconstruct, repave, widen, | 3293 |
| maintain, repair, clear, and clean public highways, roads, and | 3294 |
| streets; to enable municipal corporations to pay the principal, | 3295 |
| interest, and charges on bonds and other obligations issued | 3296 |
| pursuant to Chapter 133. of the Revised Code or incurred pursuant | 3297 |
| to section 5531.09 of the Revised Code for highway improvements; | 3298 |
| and to pay the costs apportioned to the public under section | 3299 |
| 4907.47 of the Revised Code, a motor fuel
excise tax
is hereby | 3300 |
| imposed on all motor fuel dealers upon their receipt of
motor fuel | 3301 |
| within the state at the rate of two cents on each gallon
so | 3302 |
| received; provided, that effective July 1, 2003, the motor fuel | 3303 |
| excise tax imposed by this section shall be at the rate of four | 3304 |
| cents on each gallon so received; effective July 1, 2004, the | 3305 |
| motor fuel excise tax imposed by this section shall be at the rate | 3306 |
| of six cents on each gallon so received; and, subject to section | 3307 |
| 5735.292 of the Revised Code, effective July 1, 2005, the motor | 3308 |
| fuel excise tax imposed by this section shall be at the rate of | 3309 |
| eight cents on each gallon so received. This tax is subject to the | 3310 |
| specific
exemptions set forth in this chapter of the
Revised Code. | 3311 |
| It shall be reported, computed, paid, collected,
administered, | 3312 |
| enforced, and refunded, and the failure properly
and correctly to | 3313 |
| report and pay the tax shall be penalized, in
exactly the same | 3314 |
| manner as is provided in this chapter.
Such sections relating to | 3315 |
| motor fuel excise taxes are
reenacted and incorporated as if | 3316 |
| specifically set forth in this
section. The tax levied by this | 3317 |
| section is in addition to any
other taxes imposed under this | 3318 |
| chapter. | 3319 |
| Section 101.02. That existing sections 109.572, 4501.04, | 3328 |
| 4501.26, 4503.02, 4503.26, 4503.40, 4503.42, 4508.06, 4509.27, | 3329 |
| 4511.191, 4513.263, 4749.03, 4749.06, 4749.10, 4765.07, 4765.11, | 3330 |
| 5503.04, 5513.04, 5525.01, 5525.10, 5525.15, 5531.09, 5531.10, | 3331 |
| 5537.17, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and 5735.29 | 3332 |
| of the Revised Code
are hereby repealed. | 3333 |
| The obligations shall be dated, issued, and sold from time to | 3444 |
|
time in such
amounts as may be necessary to provide sufficient | 3445 |
|
moneys to the credit of the
Highway Capital Improvement Fund (Fund | 3446 |
|
042) created by section
5528.53 of the
Revised Code to pay costs | 3447 |
|
charged to the fund when due as estimated by the
Director of | 3448 |
|
Transportation, provided, however, that such obligations shall be | 3449 |
|
issued and sold at such time or times so that not more than | 3450 |
|
$220,000,000
original principal amount of obligations, plus the | 3451 |
|
principal amount of
obligations that in prior fiscal years could | 3452 |
|
have been, but were not, issued
within the $220,000,000 limit, may | 3453 |
|
be issued in any fiscal year, and not more
than $1,200,000,000 | 3454 |
|
original principal amount of such obligations are outstanding at | 3455 |
|
any one time. | 3456 |
| The foregoing appropriation item 770-003, Administration - | 3609 |
|
State
- Debt Service, shall be used to pay rent to the Ohio | 3610 |
|
Building
Authority for various
capital facilities to be | 3611 |
|
constructed, reconstructed, or
rehabilitated
for the use of the | 3612 |
|
Department of Transportation, including the
department's plant and | 3613 |
|
facilities at its central office, field
districts, and county and | 3614 |
|
outpost locations. The rental payments
shall be made from
revenues | 3615 |
| received from the motor vehicle fuel
tax. The amounts of
any bonds | 3616 |
| and notes to finance such capital
facilities shall be at
the | 3617 |
| request of the Director of
Transportation. Notwithstanding
section | 3618 |
| 152.24 of the Revised
Code, the Ohio Building Authority
may, with | 3619 |
| approval of the
Office of Budget and Management, lease
capital | 3620 |
| facilities to the
Department of Transportation. | 3621 |
| The Director of Transportation may use revenues from the | 3639 |
|
state
motor
vehicle fuel tax to match approved federal grants | 3640 |
|
awarded to the
Department of
Transportation, regional transit | 3641 |
|
authorities, or eligible public
transportation
systems, for public | 3642 |
|
transportation highway purposes, or to
support local or
state | 3643 |
|
funded projects for public transportation highway purposes.
Public | 3644 |
|
transportation highway purposes include: the construction
or | 3645 |
|
repair of high-occupancy vehicle traffic lanes, the acquisition
or | 3646 |
|
construction of
park-and-ride facilities, the acquisition or | 3647 |
|
construction of
public
transportation vehicle loops, the | 3648 |
|
construction or repair of
bridges used by
public transportation | 3649 |
|
vehicles or that are the responsibility of
a regional
transit | 3650 |
|
authority or other public transportation system, or other
similar | 3651 |
|
construction that is designated as an eligible public | 3652 |
|
transportation highway
purpose. Motor vehicle fuel tax revenues | 3653 |
|
may not be used for operating
assistance or for the purchase of | 3654 |
|
vehicles, equipment, or maintenance
facilities. | 3655 |
| The Registrar of Motor Vehicles may deposit
revenues to meet | 3706 |
|
the cash needs of the State Bureau of
Motor Vehicles Fund (Fund | 3707 |
|
4W4) established in section 4501.25 of
the Revised Code, obtained | 3708 |
|
under sections 4503.02 and
4504.02 of the Revised Code, less
all | 3709 |
| other available cash. Revenue deposited pursuant to this
section | 3710 |
| shall support, in part,
appropriations for operating
expenses and | 3711 |
| defray the cost of
manufacturing and distributing
license plates | 3712 |
| and license plate
stickers and enforcing the law
relative to the | 3713 |
| operation and
registration of motor vehicles.
Notwithstanding | 3714 |
|
section 4501.03 of the Revised Code, the revenues
shall be
paid | 3715 |
| into the State Bureau of Motor Vehicles Fund before
any
revenues | 3716 |
| obtained
pursuant to sections 4503.02 and 4504.02 of
the Revised | 3717 |
| Code are
paid into any other fund. The deposit of
revenues to meet | 3718 |
| the aforementioned
cash needs shall be in
approximate equal | 3719 |
| amounts on a monthly basis
or as otherwise
determined by the | 3720 |
| Director of Budget and Management
pursuant to a
plan submitted by | 3721 |
| the Registrar of Motor Vehicles. | 3722 |
| On July 1, 2005, or as soon as possible thereafter, the | 3782 |
| Director of Budget and Management shall cancel any existing | 3783 |
| encumbrances against appropriation items 761-611, Elementary | 3784 |
| School Seat Belt Program, 761-613, Seat Belt Education Program, | 3785 |
| and 765-637, EMS Grants, and re-establish them against | 3786 |
| appropriation item 765-624, Operating Expenses - EMS. The Director | 3787 |
| shall also transfer any remaining cash balances from Fund 83N, | 3788 |
| Seat Belt Education Fund, Fund 83P, Trauma and Emergency Medical | 3789 |
| Services Grant Fund, and Fund 844, Elementary School Program Fund, | 3790 |
| to Fund 83M, Emergency Medical Services Fund. | 3791 |
| The Director of Budget and Management shall transfer cash in | 3953 |
| equal monthly increments totaling $133,424,000 in fiscal year 2006 | 3954 |
| and in equal monthly increments totaling $154,009,400 in fiscal | 3955 |
| year 2007 from the Highway Operating Fund, created in section | 3956 |
| 5735.291 of the Revised Code, to the Gasoline Excise Tax Fund | 3957 |
| created in division (A) of section 5735.27 of the Revised Code. | 3958 |
| The monthly amounts transferred under this section shall be | 3959 |
| distributed as follows: 42.86 per cent shall be distributed among | 3960 |
| the municipal corporations within the state under division (A)(2) | 3961 |
| of section 5735.27 of the Revised Code; 37.14 per cent shall be | 3962 |
| distributed among the counties within the state under division | 3963 |
| (A)(3) of section 5735.27 of the Revised Code; and 20 per cent | 3964 |
| shall be distributed among the townships within the state under | 3965 |
| division (A)(5)(b) of section 5735.27 of the Revised Code. | 3966 |
| The Department of Transportation, under the direction of the | 3979 |
|
Department of
Development, shall provide these funds in accordance | 3980 |
|
with all guidelines and
requirements established for Department of | 3981 |
|
Development appropriation item
195-412, Business
Development, | 3982 |
|
including Controlling Board review and approval as well as the | 3983 |
|
requirements for usage of gas tax revenue prescribed in Section 5a | 3984 |
|
of Article
XII, Ohio Constitution.
Should the Department of | 3985 |
|
Development require the
assistance of the Department of | 3986 |
|
Transportation to bring a project to
completion, the Department of | 3987 |
|
Transportation shall use its authority under
Title LV of the | 3988 |
|
Revised Code to provide such assistance and enter into
contracts | 3989 |
|
on behalf of the Department of Development. In addition, these | 3990 |
|
funds may be used in conjunction with appropriation item 195-412, | 3991 |
|
Business
Development, or any
other state funds appropriated for | 3992 |
|
infrastructure improvements. | 3993 |
| Section 612.03. Except as otherwise specifically provided in | 4074 |
| this
act, the codified sections of law amended or enacted in this | 4075 |
| act,
and the items of law of which the codified sections of law | 4076 |
| amended
or enacted in this act are composed, are subject to the | 4077 |
|
referendum. Therefore, under Ohio Constitution, Article II, | 4078 |
|
Section 1c and section 1.471 of the Revised Code, the codified | 4079 |
|
sections of law amended or enacted by this act, and the items of | 4080 |
|
law of which the codified sections of law as amended or enacted by | 4081 |
|
this act are composed, take effect on the ninety-first day after | 4082 |
|
this act is filed with the Secretary of State. If, however, a | 4083 |
|
referendum petition is filed against any such codified section of | 4084 |
|
law as amended or enacted by this act, or against any item of law | 4085 |
|
of which any such codified section of law as amended or enacted by | 4086 |
|
this act is composed, the codified section of law as amended or | 4087 |
|
enacted, or item of law, unless rejected at the referendum, takes | 4088 |
|
effect at the earliest time permitted by law. | 4089 |
| Section 612.09. Sections 109.572, 4501.26, 4503.26, 4503.40, | 4099 |
| 4503.42, 4508.06, 4508.10, 4509.27, 4749.03, 4749.06, and 4749.10 | 4100 |
| of the Revised Code, as amended or enacted by this act, and the | 4101 |
| items of law of which such sections as amended or enacted by this | 4102 |
| act are composed, are not subject to the referendum. Therefore, | 4103 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 4104 |
| of the Revised Code, such sections as amended or enacted by this | 4105 |
| act, and the items of law of which such sections as amended or | 4106 |
| enacted by this act are composed, are entitled to go into | 4107 |
| immediate effect when this act becomes law. However, those | 4108 |
| sections as amended by this act, and the items of law which those | 4109 |
| sections as amended by this act are composed, take effect on July | 4110 |
| 1, 2005. | 4111 |