As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 68

Representatives T. Patton, Calvert, Flowers, Martin, S. Patton, Buehrer, Cassell, Collier, Daniels, DeBose, Domenick, C. Evans, Garrison, Gibbs, Hagan, Hartnett, Hughes, Kearns, Key, Latta, Law, Mason, Redfern, Reidelbach, Schlichter, Setzer, S. Smith, Williams, Yuko 

Senators Armbruster, Gardner, Mallory, Spada, Harris, Hagan, Wilson, Dann, Zurz, Roberts 

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A BILL

To amend sections 109.572, 122.14, 127.16, 307.12,

1

315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06,

2

4501.21, 4501.26, 4503.02, 4503.103, 4503.26,

3

4503.40, 4503.42, 4504.02, 4504.15, 4504.16,

4

4504.18, 4505.021, 4505.031, 4505.032, 4505.06,

5

4505.08, 4506.01, 4506.03, 4506.05, 4506.08,

6

4506.09, 4506.10, 4506.11, 4506.12, 4506.14,

7

4506.15, 4506.16, 4506.17, 4506.20, 4506.23,

8

4506.25, 4507.02, 4508.06, 4509.27, 4511.191,

9

4511.21, 4513.263, 4513.34, 4513.61, 4519.58,

10

4749.02, 4749.03, 4749.06, 4749.10, 4765.07,

11

4765.11, 5501.11, 5503.04, 5513.04, 5525.01,

12

5525.10, 5525.15, 5525.25, 5531.09, 5531.10,

13

5537.16, 5537.17, 5543.02, 5735.05, 5735.23,

14

5735.25, 5735.27, 5735.28, and 5735.29; to enact

15

sections 4503.85, 4508.10, and 5531.11; and to

16

repeal sections 4501.12, 4501.35, 4506.02, and

17

4506.26 of the Revised Code and to amend Section 5

18

of Sub. S.B. 59 of the 124th General Assembly to

19

make appropriations for programs related to

20

transportation and public safety for the biennium

21

beginning July 1, 2005, and ending June 30, 2007,

22

and to provide authorization and conditions for

23

the operation of those programs.

24

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

Section 101.01. That sections 109.572, 122.14, 127.16,	25
307.12, 315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06,	26
4501.21, 4501.26, 4503.02, 4503.103, 4503.26, 4503.40, 4503.42,	27
4504.02, 4504.15, 4505.16, 4504.18, 4505.021, 4505.031, 4505.032,	28
4505.06, 4505.08, 4506.01, 4506.03, 4506.05, 4506.08, 4506.09,	29
4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16, 4506.17,	30
4506.20, 4506.23, 4506.25, 4507.02, 4508.06, 4509.27, 4511.191,	31
4511.21, 4513.263, 4513.34, 4513.61, 4519.58, 4749.02, 4749.03,	32
4749.06, 4749.10, 4765.07, 4765.11, 5501.11, 5503.04, 5513.04,	33
5525.01, 5525.10, 5525.15, 5525.25, 5531.09, 5531.10, 5537.16,	34
5537.17, 5543.02, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and	35
5735.29 be amended and sections 4503.85, 4508.10, and 5531.11 of	36
the Revised Code be enacted to read as follows:	37

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	38
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,	39
5104.013, or 5153.111 of the Revised Code, a completed form	40
prescribed pursuant to division (C)(1) of this section, and a set	41
of fingerprint impressions obtained in the manner described in	42
division (C)(2) of this section, the superintendent of the bureau	43
of criminal identification and investigation shall conduct a	44
criminal records check in the manner described in division (B) of	45
this section to determine whether any information exists that	46
indicates that the person who is the subject of the request	47
previously has been convicted of or pleaded guilty to any of the	48
following:	49

(a) A violation of section 2903.01, 2903.02, 2903.03,	50
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	51
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	52
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	53
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	54
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	55
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	56
2925.06, or 3716.11 of the Revised Code, felonious sexual	57
penetration in violation of former section 2907.12 of the Revised	58
Code, a violation of section 2905.04 of the Revised Code as it	59
existed prior to July 1, 1996, a violation of section 2919.23 of	60
the Revised Code that would have been a violation of section	61
2905.04 of the Revised Code as it existed prior to July 1, 1996,	62
had the violation been committed prior to that date, or a	63
violation of section 2925.11 of the Revised Code that is not a	64
minor drug possession offense;	65

(b) A violation of an existing or former law of this state,	66
any other state, or the United States that is substantially	67
equivalent to any of the offenses listed in division (A)(1)(a) of	68
this section.	69

(2) On receipt of a request pursuant to section 5123.081 of	70
the Revised Code with respect to an applicant for employment in	71
any position with the department of mental retardation and	72
developmental disabilities, pursuant to section 5126.28 of the	73
Revised Code with respect to an applicant for employment in any	74
position with a county board of mental retardation and	75
developmental disabilities, or pursuant to section 5126.281 of the	76
Revised Code with respect to an applicant for employment in a	77
direct services position with an entity contracting with a county	78
board for employment, a completed form prescribed pursuant to	79
division (C)(1) of this section, and a set of fingerprint	80
impressions obtained in the manner described in division (C)(2) of	81
this section, the superintendent of the bureau of criminal	82
identification and investigation shall conduct a criminal records	83
check. The superintendent shall conduct the criminal records check	84
in the manner described in division (B) of this section to	85
determine whether any information exists that indicates that the	86
person who is the subject of the request has been convicted of or	87
pleaded guilty to any of the following:	88

(a) A violation of section 2903.01, 2903.02, 2903.03,	89
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	90
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	91
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	92
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	93
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	94
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	95
2925.03, or 3716.11 of the Revised Code;	96

(b) An existing or former municipal ordinance or law of this	97
state, any other state, or the United States that is substantially	98
equivalent to any of the offenses listed in division (A)(2)(a) of	99
this section.	100

(3) On receipt of a request pursuant to section 173.41,	101
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	102
form prescribed pursuant to division (C)(1) of this section, and a	103
set of fingerprint impressions obtained in the manner described in	104
division (C)(2) of this section, the superintendent of the bureau	105
of criminal identification and investigation shall conduct a	106
criminal records check with respect to any person who has applied	107
for employment in a position that involves providing direct care	108
to an older adult. The superintendent shall conduct the criminal	109
records check in the manner described in division (B) of this	110
section to determine whether any information exists that indicates	111
that the person who is the subject of the request previously has	112
been convicted of or pleaded guilty to any of the following:	113

(a) A violation of section 2903.01, 2903.02, 2903.03,	114
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	115
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	116
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	117
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	118
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	119
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	120
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	121
2925.22, 2925.23, or 3716.11 of the Revised Code;	122

(b) An existing or former law of this state, any other state,	123
or the United States that is substantially equivalent to any of	124
the offenses listed in division (A)(3)(a) of this section.	125

(4) On receipt of a request pursuant to section 3701.881 of	126
the Revised Code with respect to an applicant for employment with	127
a home health agency as a person responsible for the care,	128
custody, or control of a child, a completed form prescribed	129
pursuant to division (C)(1) of this section, and a set of	130
fingerprint impressions obtained in the manner described in	131
division (C)(2) of this section, the superintendent of the bureau	132
of criminal identification and investigation shall conduct a	133
criminal records check. The superintendent shall conduct the	134
criminal records check in the manner described in division (B) of	135
this section to determine whether any information exists that	136
indicates that the person who is the subject of the request	137
previously has been convicted of or pleaded guilty to any of the	138
following:	139

(a) A violation of section 2903.01, 2903.02, 2903.03,	140
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	141
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	142
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	143
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	144
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	145
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	146
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	147
violation of section 2925.11 of the Revised Code that is not a	148
minor drug possession offense;	149

(b) An existing or former law of this state, any other state,	150
or the United States that is substantially equivalent to any of	151
the offenses listed in division (A)(4)(a) of this section.	152

(5) On receipt of a request pursuant to section 5111.95 or	153
5111.96 of the Revised Code with respect to an applicant for	154
employment with a waiver agency participating in a department of	155
job and family services administered home and community-based	156
waiver program or an independent provider participating in a	157
department administered home and community-based waiver program in	158
a position that involves providing home and community-based waiver	159
services to consumers with disabilities, a completed form	160
prescribed pursuant to division (C)(1) of this section, and a set	161
of fingerprint impressions obtained in the manner described in	162
division (C)(2) of this section, the superintendent of the bureau	163
of criminal identification and investigation shall conduct a	164
criminal records check. The superintendent shall conduct the	165
criminal records check in the manner described in division (B) of	166
this section to determine whether any information exists that	167
indicates that the person who is the subject of the request	168
previously has been convicted of or pleaded guilty to any of the	169
following:	170

(a) A violation of section 2903.01, 2903.02, 2903.03,	171
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	172
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	173
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	174
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	175
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	176
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	177
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	178
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	179
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	180
Revised Code, felonious sexual penetration in violation of former	181
section 2907.12 of the Revised Code, a violation of section	182
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	183
violation of section 2919.23 of the Revised Code that would have	184
been a violation of section 2905.04 of the Revised Code as it	185
existed prior to July 1, 1996, had the violation been committed	186
prior to that date;	187

(b) An existing or former law of this state, any other state,	188
or the United States that is substantially equivalent to any of	189
the offenses listed in division (A)(5)(a) of this section.	190

(6) On receipt of a request pursuant to section 3701.881 of	191
the Revised Code with respect to an applicant for employment with	192
a home health agency in a position that involves providing direct	193
care to an older adult, a completed form prescribed pursuant to	194
division (C)(1) of this section, and a set of fingerprint	195
impressions obtained in the manner described in division (C)(2) of	196
this section, the superintendent of the bureau of criminal	197
identification and investigation shall conduct a criminal records	198
check. The superintendent shall conduct the criminal records check	199
in the manner described in division (B) of this section to	200
determine whether any information exists that indicates that the	201
person who is the subject of the request previously has been	202
convicted of or pleaded guilty to any of the following:	203

(a) A violation of section 2903.01, 2903.02, 2903.03,	204
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	205
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	206
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	207
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	208
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	209
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	210
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	211
2925.22, 2925.23, or 3716.11 of the Revised Code;	212

(b) An existing or former law of this state, any other state,	213
or the United States that is substantially equivalent to any of	214
the offenses listed in division (A)(6)(a) of this section.	215

(7) When conducting a criminal records check upon a request	216
pursuant to section 3319.39 of the Revised Code for an applicant	217
who is a teacher, in addition to the determination made under	218
division (A)(1) of this section, the superintendent shall	219
determine whether any information exists that indicates that the	220
person who is the subject of the request previously has been	221
convicted of or pleaded guilty to any offense specified in section	222
3319.31 of the Revised Code.	223

(8) On a request pursuant to section 2151.86 of the Revised	224
Code, a completed form prescribed pursuant to division (C)(1) of	225
this section, and a set of fingerprint impressions obtained in the	226
manner described in division (C)(2) of this section, the	227
superintendent of the bureau of criminal identification and	228
investigation shall conduct a criminal records check in the manner	229
described in division (B) of this section to determine whether any	230
information exists that indicates that the person who is the	231
subject of the request previously has been convicted of or pleaded	232
guilty to any of the following:	233

(a) A violation of section 2903.01, 2903.02, 2903.03,	234
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	235
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	236
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	237
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	238
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	239
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	240
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	241
violation of section 2905.04 of the Revised Code as it existed	242
prior to July 1, 1996, a violation of section 2919.23 of the	243
Revised Code that would have been a violation of section 2905.04	244
of the Revised Code as it existed prior to July 1, 1996, had the	245
violation been committed prior to that date, a violation of	246
section 2925.11 of the Revised Code that is not a minor drug	247
possession offense, or felonious sexual penetration in violation	248
of former section 2907.12 of the Revised Code;	249

(b) A violation of an existing or former law of this state,	250
any other state, or the United States that is substantially	251
equivalent to any of the offenses listed in division (A)(8)(a) of	252
this section.	253

(9) When conducting a criminal records check on a request	254
pursuant to section 5104.013 of the Revised Code for a person who	255
is an owner, licensee, or administrator of a child day-care center	256
or type A family day-care home or an authorized provider of a	257
certified type B family day-care home, the superintendent, in	258
addition to the determination made under division (A)(1) of this	259
section, shall determine whether any information exists that	260
indicates that the person has been convicted of or pleaded guilty	261
to any of the following:	262

(a) A violation of section 2913.02, 2913.03, 2913.04,	263
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	264
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	265
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	266
2921.13, or 2923.01 of the Revised Code, a violation of section	267
2923.02 or 2923.03 of the Revised Code that relates to a crime	268
specified in this division or division (A)(1)(a) of this section,	269
or a second violation of section 4511.19 of the Revised Code	270
within five years of the date of application for licensure or	271
certification.	272

(b) A violation of an existing or former law of this state,	273
any other state, or the United States that is substantially	274
equivalent to any of the offenses or violations described in	275
division (A)(9)(a) of this section.	276

(10) On receipt of a request for a criminal records check	277
from an individual pursuant to section 4749.03 or 4749.06 of the	278
Revised Code, accompanied by a completed copy of the form	279
prescribed in division (C)(1) of this section and a set of	280
fingerprint impressions obtained in a manner described in division	281
(C)(2) of this section, the superintendent of the bureau of	282
criminal identification and investigation shall conduct a criminal	283
records check in the manner described in division (B) of this	284
section to determine whether any information exists indicating	285
that the person who is the subject of the request has been	286
convicted of or pleaded guilty to a felony in this state or in any	287
other state. If the individual indicates that a firearm will be	288
carried in the course of business, the superintendent shall	289
require information from the federal bureau of investigation as	290
described in division (B)(2) of this section. The superintendent	291
shall report the findings of the criminal records check and any	292
information the federal bureau of investigation provides to the	293
director of public safety.	294

(11) Not later than thirty days after the date the	295
superintendent receives the request, completed form, and	296
fingerprint impressions, the superintendent shall send the person,	297
board, or entity that made the request any information, other than	298
information the dissemination of which is prohibited by federal	299
law, the superintendent determines exists with respect to the	300
person who is the subject of the request that indicates that the	301
person previously has been convicted of or pleaded guilty to any	302
offense listed or described in division (A)(1), (2), (3), (4),	303
(5), (6), (7), (8), or (9), or (10) of this section, as	304
appropriate. The superintendent shall send the person, board, or	305
entity that made the request a copy of the list of offenses	306
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	307
or (9), or (10) of this section, as appropriate. If the request	308
was made under section 3701.881 of the Revised Code with regard to	309
an applicant who may be both responsible for the care, custody, or	310
control of a child and involved in providing direct care to an	311
older adult, the superintendent shall provide a list of the	312
offenses specified in divisions (A)(4) and (6) of this section.	313

(B) The superintendent shall conduct any criminal records	314
check requested under section 121.08, 173.41, 2151.86, 3301.32,	315
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,	316
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	317
5126.281, or 5153.111 of the Revised Code as follows:	318

(1) The superintendent shall review or cause to be reviewed	319
any relevant information gathered and compiled by the bureau under	320
division (A) of section 109.57 of the Revised Code that relates to	321
the person who is the subject of the request, including any	322
relevant information contained in records that have been sealed	323
under section 2953.32 of the Revised Code;	324

(2) If the request received by the superintendent asks for	325
information from the federal bureau of investigation, the	326
superintendent shall request from the federal bureau of	327
investigation any information it has with respect to the person	328
who is the subject of the request and shall review or cause to be	329
reviewed any information the superintendent receives from that	330
bureau.	331

(3) The superintendent or the superintendent's designee may	332
request criminal history records from other states or the federal	333
government pursuant to the national crime prevention and privacy	334
compact set forth in section 109.571 of the Revised Code.	335

(C)(1) The superintendent shall prescribe a form to obtain	336
the information necessary to conduct a criminal records check from	337
any person for whom a criminal records check is required by	338
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	339
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012,	340
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	341
5153.111 of the Revised Code. The form that the superintendent	342
prescribes pursuant to this division may be in a tangible format,	343
in an electronic format, or in both tangible and electronic	344
formats.	345

(2) The superintendent shall prescribe standard impression	346
sheets to obtain the fingerprint impressions of any person for	347
whom a criminal records check is required by section 121.08,	348
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	349
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	350
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	351
Code. Any person for whom a records check is required by any of	352
those sections shall obtain the fingerprint impressions at a	353
county sheriff's office, municipal police department, or any other	354
entity with the ability to make fingerprint impressions on the	355
standard impression sheets prescribed by the superintendent. The	356
office, department, or entity may charge the person a reasonable	357
fee for making the impressions. The standard impression sheets the	358
superintendent prescribes pursuant to this division may be in a	359
tangible format, in an electronic format, or in both tangible and	360
electronic formats.	361

(3) Subject to division (D) of this section, the	362
superintendent shall prescribe and charge a reasonable fee for	363
providing a criminal records check requested under section 121.08,	364
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	365
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	366
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	367
Code. The person making a criminal records request under section	368
121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	369
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	370
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	371
Revised Code shall pay the fee prescribed pursuant to this	372
division. A person making a request under section 3701.881 of the	373
Revised Code for a criminal records check for an applicant who may	374
be both responsible for the care, custody, or control of a child	375
and involved in providing direct care to an older adult shall pay	376
one fee for the request.	377

(4) The superintendent of the bureau of criminal	378
identification and investigation may prescribe methods of	379
forwarding fingerprint impressions and information necessary to	380
conduct a criminal records check, which methods shall include, but	381
not be limited to, an electronic method.	382

(D) A determination whether any information exists that	383
indicates that a person previously has been convicted of or	384
pleaded guilty to any offense listed or described in division	385
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	386
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b),	387
or (A)(9)(a) or (b) of this section that is made by the	388
superintendent with respect to information considered in a	389
criminal records check in accordance with this section is valid	390
for the person who is the subject of the criminal records check	391
for a period of one year from the date upon which the	392
superintendent makes the determination. During the period in which	393
the determination in regard to a person is valid, if another	394
request under this section is made for a criminal records check	395
for that person, the superintendent shall provide the information	396
that is the basis for the superintendent's initial determination	397
at a lower fee than the fee prescribed for the initial criminal	398
records check.	399

(E) As used in this section:

400

(1) "Criminal records check" means any criminal records check	401
conducted by the superintendent of the bureau of criminal	402
identification and investigation in accordance with division (B)	403
of this section.	404

(2) "Home and community-based waiver services" and "waiver	405
agency" have the same meanings as in section 5111.95 of the	406
Revised Code.	407

(3) "Independent provider" has the same meaning as in section	408
5111.96 of the Revised Code.	409

(4) "Minor drug possession offense" has the same meaning as	410
in section 2925.01 of the Revised Code.	411

(5) "Older adult" means a person age sixty or older.

412

Sec. 122.14.  There is hereby created in the state treasury	413
the roadwork development fund. The fund shall consist of the	414
investment earnings of the security deposit fund created by	415
section 4509.27 of the Revised Code and revenue transferred to it	416
by the director of budget and management from the highway	417
operating fund created in section 5735.291 of the Revised Code	418
and. The fund shall be used by the department of development in	419
accordance with Section 5a of Article XII, Ohio Constitution, to	420
make road improvements associated with retaining or attracting	421
business for this state. All investment earnings of the fund shall	422
be credited to the fund.	423

Sec. 127.16.  (A) Upon the request of either a state agency	424
or the director of budget and management and after the controlling	425
board determines that an emergency or a sufficient economic reason	426
exists, the controlling board may approve the making of a purchase	427
without competitive selection as provided in division (B) of this	428
section.	429

(B) Except as otherwise provided in this section, no state	430
agency, using money that has been appropriated to it directly,	431
shall:	432

(1) Make any purchase from a particular supplier, that would	433
amount to fifty thousand dollars or more when combined with both	434
the amount of all disbursements to the supplier during the fiscal	435
year for purchases made by the agency and the amount of all	436
outstanding encumbrances for purchases made by the agency from the	437
supplier, unless the purchase is made by competitive selection or	438
with the approval of the controlling board;	439

(2) Lease real estate from a particular supplier, if the	440
lease would amount to seventy-five thousand dollars or more when	441
combined with both the amount of all disbursements to the supplier	442
during the fiscal year for real estate leases made by the agency	443
and the amount of all outstanding encumbrances for real estate	444
leases made by the agency from the supplier, unless the lease is	445
made by competitive selection or with the approval of the	446
controlling board.	447

(C) Any person who authorizes a purchase in violation of	448
division (B) of this section shall be liable to the state for any	449
state funds spent on the purchase, and the attorney general shall	450
collect the amount from the person.	451

(D) Nothing in division (B) of this section shall be	452
construed as:	453

(1) A limitation upon the authority of the director of	454
transportation as granted in sections 5501.17, 5517.02, and	455
5525.14 of the Revised Code;	456

(2) Applying to medicaid provider agreements under Chapter	457
5111. of the Revised Code or payments or provider agreements under	458
the disability medical assistance program established under	459
Chapter 5115. of the Revised Code;	460

(3) Applying to the purchase of examinations from a sole	461
supplier by a state licensing board under Title XLVII of the	462
Revised Code;	463

(4) Applying to entertainment contracts for the Ohio state	464
fair entered into by the Ohio expositions commission, provided	465
that the controlling board has given its approval to the	466
commission to enter into such contracts and has approved a total	467
budget amount for such contracts as agreed upon by commission	468
action, and that the commission causes to be kept itemized records	469
of the amounts of money spent under each contract and annually	470
files those records with the clerk of the house of representatives	471
and the clerk of the senate following the close of the fair;	472

(5) Limiting the authority of the chief of the division of	473
mineral resources management to contract for reclamation work with	474
an operator mining adjacent land as provided in section 1513.27 of	475
the Revised Code;	476

(6) Applying to investment transactions and procedures of any	477
state agency, except that the agency shall file with the board the	478
name of any person with whom the agency contracts to make, broker,	479
service, or otherwise manage its investments, as well as the	480
commission, rate, or schedule of charges of such person with	481
respect to any investment transactions to be undertaken on behalf	482
of the agency. The filing shall be in a form and at such times as	483
the board considers appropriate.	484

(7) Applying to purchases made with money for the per cent	485
for arts program established by section 3379.10 of the Revised	486
Code;	487

(8) Applying to purchases made by the rehabilitation services	488
commission of services, or supplies, that are provided to persons	489
with disabilities, or to purchases made by the commission in	490
connection with the eligibility determinations it makes for	491
applicants of programs administered by the social security	492
administration;	493

(9) Applying to payments by the department of job and family	494
services under section 5111.13 of the Revised Code for group	495
health plan premiums, deductibles, coinsurance, and other	496
cost-sharing expenses;	497

(10) Applying to any agency of the legislative branch of the	498
state government;	499

(11) Applying to agreements or contracts entered into under	500
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	501
Revised Code;	502

(12) Applying to purchases of services by the adult parole	503
authority under section 2967.14 of the Revised Code or by the	504
department of youth services under section 5139.08 of the Revised	505
Code;	506

(13) Applying to dues or fees paid for membership in an	507
organization or association;	508

(14) Applying to purchases of utility services pursuant to	509
section 9.30 of the Revised Code;	510

(15) Applying to purchases made in accordance with rules	511
adopted by the department of administrative services of motor	512
vehicle, aviation, or watercraft fuel, or emergency repairs of	513
such vehicles;	514

(16) Applying to purchases of tickets for passenger air	515
transportation;	516

(17) Applying to purchases necessary to provide public	517
notifications required by law or to provide notifications of job	518
openings;	519

(18) Applying to the judicial branch of state government;

520

(19) Applying to purchases of liquor for resale by the	521
division of liquor control;	522

(20) Applying to purchases of motor courier and freight	523
services made in accordance with department of administrative	524
services rules;	525

(21) Applying to purchases from the United States postal	526
service and purchases of stamps and postal meter replenishment	527
from vendors at rates established by the United States postal	528
service;	529

(22) Applying to purchases of books, periodicals, pamphlets,	530
newspapers, maintenance subscriptions, and other published	531
materials;	532

(23) Applying to purchases from other state agencies,	533
including state-assisted institutions of higher education;	534

(24) Limiting the authority of the director of environmental	535
protection to enter into contracts under division (D) of section	536
3745.14 of the Revised Code to conduct compliance reviews, as	537
defined in division (A) of that section;	538

(25) Applying to purchases from a qualified nonprofit agency	539
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	540

(26) Applying to payments by the department of job and family	541
services to the United States department of health and human	542
services for printing and mailing notices pertaining to the tax	543
refund offset program of the internal revenue service of the	544
United States department of the treasury;	545

(27) Applying to contracts entered into by the department of	546
mental retardation and developmental disabilities under sections	547
5123.18, 5123.182, and 5123.199 of the Revised Code;	548

(28) Applying to payments made by the department of mental	549
health under a physician recruitment program authorized by section	550
5119.101 of the Revised Code;	551

(29) Applying to contracts entered into with persons by the	552
director of commerce for unclaimed funds collection and remittance	553
efforts as provided in division (F) of section 169.03 of the	554
Revised Code. The director shall keep an itemized accounting of	555
unclaimed funds collected by those persons and amounts paid to	556
them for their services.	557

(30) Applying to purchases made by a state institution of	558
higher education in accordance with the terms of a contract	559
between the vendor and an inter-university purchasing group	560
comprised of purchasing officers of state institutions of higher	561
education;	562

(31) Applying to the department of job and family services'	563
purchases of health assistance services under the children's	564
health insurance program part I provided for under section 5101.50	565
of the Revised Code or the children's health insurance program	566
part II provided for under section 5101.51 of the Revised Code;	567

(32) Applying to payments by the attorney general from the	568
reparations fund to hospitals and other emergency medical	569
facilities for performing medical examinations to collect physical	570
evidence pursuant to section 2907.28 of the Revised Code;	571

(33) Applying to contracts with a contracting authority or	572
administrative receiver under division (G)(2) of section 5126.055	573
of the Revised Code;	574

(34) Applying to reimbursements paid to the United States	575
department of veterans affairs for pharmaceutical and patient	576
supply purchases made on behalf of the Ohio veterans' home agency;	577

(35) Applying to agreements the department of job and family	578
services enters into with terminal distributors of dangerous drugs	579
under section 5110.12 of the Revised Code;	580

(36) Applying to agreements entered into by the director of	581
transportation under section 5531.11 of the Revised Code.	582

(E) Notwithstanding division (B)(1) of this section, the	583
cumulative purchase threshold shall be seventy-five thousand	584
dollars for the departments of mental retardation and	585
developmental disabilities, mental health, rehabilitation and	586
correction, and youth services.	587

(F) When determining whether a state agency has reached the	588
cumulative purchase thresholds established in divisions (B)(1),	589
(B)(2), and (E) of this section, all of the following purchases by	590
such agency shall not be considered:	591

(1) Purchases made through competitive selection or with	592
controlling board approval;	593

(2) Purchases listed in division (D) of this section;

594

(3) For the purposes of the thresholds of divisions (B)(1)	595
and (E) of this section only, leases of real estate.	596

(G) As used in this section, "competitive selection,"	597
"purchase," "supplies," and "services" have the same meanings as	598
in section 125.01 of the Revised Code.	599

Sec. 307.12.  (A) Except as otherwise provided in divisions	600
(D), (E), and (G) of this section, when the board of county	601
commissioners finds, by resolution, that the county has personal	602
property, including motor vehicles acquired for the use of county	603
officers and departments, and road machinery, equipment, tools, or	604
supplies, which is not needed for public use, is obsolete, or is	605
unfit for the use for which it was acquired, and when the fair	606
market value of the property to be sold or donated under this	607
division is, in the opinion of the board, in excess of two	608
thousand five hundred dollars, the board may do either of the	609
following:	610

(1) Sell the property at public auction or by sealed bid to	611
the highest bidder. Notice of the time, place, and manner of the	612
sale shall be published in a newspaper of general circulation in	613
the county at least ten days prior to the sale, and a typewritten	614
or printed notice of the time, place, and manner of the sale shall	615
be posted at least ten days before the sale in the offices of the	616
county auditor and the board of county commissioners.	617

If a board conducts a sale of property by sealed bid, the	618
form of the bid shall be as prescribed by the board, and each bid	619
shall contain the name of the person submitting it. Bids received	620
shall be opened and tabulated at the time stated in the notice.	621
The property shall be sold to the highest bidder, except that the	622
board may reject all bids and hold another sale, by public auction	623
or sealed bid, in the manner prescribed by this section.	624

(2) Donate any motor vehicle that does not exceed four	625
thousand five hundred dollars in value to a nonprofit organization	626
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	627
and (c)(3) for the purpose of meeting the transportation needs of	628
participants in the Ohio works first program established under	629
Chapter 5107. of the Revised Code and participants in the	630
prevention, retention, and contingency program established under	631
Chapter 5108. of the Revised Code.	632

(B) When the board of county commissioners finds, by	633
resolution, that the county has personal property, including motor	634
vehicles acquired for the use of county officers and departments,	635
and road machinery, equipment, tools, or supplies, which is not	636
needed for public use, is obsolete, or is unfit for the use for	637
which it was acquired, and when the fair market value of the	638
property to be sold or donated under this division is, in the	639
opinion of the board, two thousand five hundred dollars or less,	640
the board may do either of the following:	641

(1) Sell the property by private sale, without advertisement	642
or public notification;	643

(2) Donate the property to an eligible nonprofit organization	644
that is located in this state and is exempt from federal income	645
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	646
any property under this division, the board shall adopt a	647
resolution expressing its intent to make unneeded, obsolete, or	648
unfit-for-use county personal property available to these	649
organizations. The resolution shall include guidelines and	650
procedures the board considers necessary to implement a donation	651
program under this division and shall indicate whether the county	652
will conduct the donation program or the board will contract with	653
a representative to conduct it. If a representative is known when	654
the resolution is adopted, the resolution shall provide contact	655
information such as the representative's name, address, and	656
telephone number.	657

The resolution shall include within its procedures a	658
requirement that any nonprofit organization desiring to obtain	659
donated property under this division shall submit a written notice	660
to the board or its representative. The written notice shall	661
include evidence that the organization is a nonprofit organization	662
that is located in this state and is exempt from federal income	663
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	664
the organization's primary purpose; a description of the type or	665
types of property the organization needs; and the name, address,	666
and telephone number of a person designated by the organization's	667
governing board to receive donated property and to serve as its	668
agent.	669

After adoption of the resolution, the board shall publish, in	670
a newspaper of general circulation in the county, notice of its	671
intent to donate unneeded, obsolete, or unfit-for-use county	672
personal property to eligible nonprofit organizations. The notice	673
shall include a summary of the information provided in the	674
resolution and shall be published at least twice. The second and	675
any subsequent notice shall be published not less than ten nor	676
more than twenty days after the previous notice. A similar notice	677
also shall be posted continually in a conspicuous place in the	678
offices of the county auditor and the board of county	679
commissioners, and, if the county maintains a web site on the	680
internet, the notice shall be posted continually at that web site.	681

The board or its representative shall maintain a list of all	682
nonprofit organizations that notify the board or its	683
representative of their desire to obtain donated property under	684
this division and that the board or its representative determines	685
to be eligible, in accordance with the requirements set forth in	686
this section and in the donation program's guidelines and	687
procedures, to receive donated property.	688

The board or its representatives also shall maintain a list	689
of all county personal property the board finds to be unneeded,	690
obsolete, or unfit for use and to be available for donation under	691
this division. The list shall be posted continually in a	692
conspicuous location in the offices of the county auditor and the	693
board of county commissioners, and, if the county maintains a web	694
site on the internet, the list shall be posted continually at that	695
web site. An item of property on the list shall be donated to the	696
eligible nonprofit organization that first declares to the board	697
or its representative its desire to obtain the item unless the	698
board previously has established, by resolution, a list of	699
eligible nonprofit organizations that shall be given priority with	700
respect to the item's donation. Priority may be given on the basis	701
that the purposes of a nonprofit organization have a direct	702
relationship to specific public purposes of programs provided or	703
administered by the board. A resolution giving priority to certain	704
nonprofit organizations with respect to the donation of an item of	705
property shall specify the reasons why the organizations are given	706
that priority.	707

(C) Members of the board of county commissioners shall	708
consult with the Ohio ethics commission, and comply with the	709
provisions of Chapters 102. and 2921. of the Revised Code, with	710
respect to any sale or donation under division (A) or (B) of this	711
section to a nonprofit organization of which a county	712
commissioner, any member of the county commissioner's family, or	713
any business associate of the county commissioner is a trustee,	714
officer, board member, or employee.	715

(D) Notwithstanding anything to the contrary in division (A),	716
(B), or (E) of this section and regardless of the property's	717
value, the board of county commissioners may sell or donate county	718
personal property, including motor vehicles, to the federal	719
government, the state, or any political subdivision of the state	720
without advertisement or public notification.	721

(E) Notwithstanding anything to the contrary in division (A),	722
(B), or (G) of this section and regardless of the property's	723
value, the board of county commissioners may sell personal	724
property, including motor vehicles acquired for the use of county	725
officers and departments, and road machinery, equipment, tools, or	726
supplies, which is not needed for public use, is obsolete, or is	727
unfit for the use for which it was acquired, by internet auction.	728
The board shall adopt, during each calendar year, a resolution	729
expressing its intent to sell that property by internet auction.	730
The resolution shall include a description of how the auctions	731
will be conducted and shall specify the number of days for bidding	732
on the property, which shall be no less than fifteen days,	733
including Saturdays, Sundays, and legal holidays. The resolution	734
shall indicate whether the county will conduct the auction or the	735
board will contract with a representative to conduct the auction	736
and shall establish the general terms and conditions of sale. If a	737
representative is known when the resolution is adopted, the	738
resolution shall provide contact information such as the	739
representative's name, address, and telephone number.	740

After adoption of the resolution, the board shall publish, in	741
a newspaper of general circulation in the county, notice of its	742
intent to sell unneeded, obsolete, or unfit-for-use county	743
personal property by internet auction. The notice shall include a	744
summary of the information provided in the resolution and shall be	745
published at least twice. The second and any subsequent notice	746
shall be published not less than ten nor more than twenty days	747
after the previous notice. A similar notice also shall be posted	748
continually throughout the calendar year in a conspicuous place in	749
the offices of the county auditor and the board of county	750
commissioners, and, if the county maintains a web site on the	751
internet, the notice shall be posted continually throughout the	752
calendar year at that web site.	753

When property is to be sold by internet auction, the board or	754
its representative may establish a minimum price that will be	755
accepted for specific items and may establish any other terms and	756
conditions for the particular sale, including requirements for	757
pick-up or delivery, method of payment, and sales tax. This type	758
of information shall be provided on the internet at the time of	759
the auction and may be provided before that time upon request	760
after the terms and conditions have been determined by the board	761
or its representative.	762

(F) When a county officer or department head determines that	763
county-owned personal property under the jurisdiction of the	764
officer or department head, including motor vehicles, road	765
machinery, equipment, tools, or supplies, is not of immediate	766
need, the county officer or department head may notify the board	767
of county commissioners, and the board may lease that personal	768
property to any municipal corporation, township, or other	769
political subdivision of the state. The lease shall require the	770
county to be reimbursed under terms, conditions, and fees	771
established by the board, or under contracts executed by the	772
board.	773

(G) If the board of county commissioners finds, by	774
resolution, that the county has vehicles, equipment, or machinery	775
which is not needed, or is unfit for public use, and the board	776
desires to sell the vehicles, equipment, or machinery to the	777
person or firm from which it proposes to purchase other vehicles,	778
equipment, or machinery, the board may offer to sell the vehicles,	779
equipment, or machinery to that person or firm, and to have the	780
selling price credited to the person or firm against the purchase	781
price of other vehicles, equipment, or machinery.	782

(H) If the board of county commissioners advertises for bids	783
for the sale of new vehicles, equipment, or machinery to the	784
county, it may include in the same advertisement a notice of the	785
willingness of the board to accept bids for the purchase of	786
county-owned vehicles, equipment, or machinery which is obsolete	787
or not needed for public use, and to have the amount of those bids	788
subtracted from the selling price of the other vehicles,	789
equipment, or machinery as a means of determining the lowest	790
responsible bidder.	791

(I) If a board of county commissioners determines that county	792
personal property is not needed for public use, or is obsolete or	793
unfit for the use for which it was acquired, and that the property	794
has no value, the board may discard or salvage that property.	795

(J) A county engineer, in the engineer's discretion, may	796
dispose of scrap construction materials on such terms as the	797
engineer determines reasonable, including disposal without	798
recovery of costs, if the total value of the materials does not	799
exceed twenty-five thousand dollars. The engineer shall maintain	800
records of all dispositions made under this division, including	801
identification of the origin of the materials, the final	802
disposition, and copies of all receipts resulting from the	803
dispositions.	804

As used in division (I) of this section, "scrap construction	805
materials" means construction materials that result from a road or	806
bridge improvement, remain after the improvement is completed, and	807
are not reusable. Construction material that is metal and that	808
results from a road or bridge improvement and remains after the	809
improvement is completed is scrap construction material only if it	810
cannot be used in any other road or bridge improvement or other	811
project in its current state.	812

Sec. 315.08.  The county engineer shall perform for the	813
county all duties authorized or declared by law to be done by a	814
registered professional engineer or registered surveyor, except	815
those duties described in sections 307.37 and 307.38 and Chapters	816
343., 6103., and 6117. of the Revised Code. HeThe engineer shall	817
prepare all plans, specifications, details, estimates of cost, and	818
submit forms of contracts for the construction, maintenance, and	819
repair of all bridges, culverts, roads, drains, ditches, roads on	820
county fairgrounds, and other public improvements, except	821
buildings, constructed under the authority of any board within and	822
for the county. The engineer shall not be required to prepare	823
plans, specifications, details, estimates of costs, or forms of	824
contracts for emergency repairs authorized under section 315.13 of	825
the Revised Code, unless he deemsthe engineer determines them	826
necessary.	827

Sec. 315.14.  The county engineer shall be responsible for	828
the inspection of all public improvements made under authority of	829
the board of county commissioners. The engineer shall keep in	830
suitable books a complete record of all estimates and summaries of	831
bids received and contracts for the various improvements, together	832
with the record of all estimates made for payments on that work.	833
The engineer shall make all surveys required by law, shall perform	834
all necessary services to be performed by a registered surveyor or	835
registered professional engineer in connection with the	836
construction, repair, or opening of all county roads or ditches	837
constructed under the authority of the board, and shall perform	838
other duties as the board requires, provided that the duties	839
described in sections 307.37 and 307.38 and Chapters 343., 6103.,	840
and 6117. of the Revised Code shall be performed only pursuant to	841
an agreement between the county engineer and the board; an. An	842
agreement of that type may provide for the county engineer's	843
performance of duties described in one or more of those sections	844
or chapters, and may provide for the county engineer's performance	845
of all duties imposed upon a county sanitary engineer under	846
Chapters 6103. and 6117. of the Revised Code or only the duties	847
imposed upon a county sanitary engineer under Chapter 6117. of the	848
Revised Code in relation to drainage. The board shall determine	849
the compensation for performance of the relevant duties described	850
in sections 307.37 and 307.38 and Chapters 343., 6103., and 6117.	851
of the Revised Code and shall pay the county engineer from funds	852
available under the applicable section or chapter or chapters or	853
from the general fund of the county. The performance of the	854
relevant duties described in sections 307.37 and 307.38 and	855
Chapters 343., 6103., and 6117. of the Revised Code shall not	856
constitute engaging in the private practice of engineering or	857
surveying.	858

Sec. 315.18.  On the application of any person producing to	859
the county engineer a certificate from the proper officer, such	860
the engineer or histhe engineer's deputy shallmay survey all	861
lands whichthat have been sold for taxes, which lie within his	862
the engineer's county. When a portion of any land or lot has been	863
sold for taxes, and, after suchthe sale and before a survey	864
thereofof the land or lot, suchthe land or lot is set off to	865
another county by the erection of a new county or change of county	866
lines, the engineer of the county in which the sale was made shall	867
may make the survey, and the county auditor of the same county	868
shall make the deed.	869

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	870
deputy marshal, municipal police officer, township constable,	871
police officer of a township or joint township police district,	872
member of a police force employed by a metropolitan housing	873
authority under division (D) of section 3735.31 of the Revised	874
Code, member of a police force employed by a regional transit	875
authority under division (Y) of section 306.35 of the Revised	876
Code, state university law enforcement officer appointed under	877
section 3345.04 of the Revised Code, veterans' home police officer	878
appointed under section 5907.02 of the Revised Code, special	879
police officer employed by a port authority under section 4582.04	880
or 4582.28 of the Revised Code, or a special police officer	881
employed by a municipal corporation at a municipal airport, or	882
other municipal air navigation facility, that has scheduled	883
operations, as defined in section 119.3 of Title 14 of the Code of	884
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	885
required to be under a security program and is governed by	886
aviation security rules of the transportation security	887
administration of the United States department of transportation	888
as provided in Parts 1542. and 1544. of Title 49 of the Code of	889
Federal Regulations, as amended, shall arrest and detain, until a	890
warrant can be obtained, a person found violating, within the	891
limits of the political subdivision, metropolitan housing	892
authority housing project, regional transit authority facilities	893
or areas of a municipal corporation that have been agreed to by a	894
regional transit authority and a municipal corporation located	895
within its territorial jurisdiction, college, university,	896
veterans' home operated under Chapter 5907. of the Revised Code,	897
port authority, or municipal airport or other municipal air	898
navigation facility, in which the peace officer is appointed,	899
employed, or elected, a law of this state, an ordinance of a	900
municipal corporation, or a resolution of a township.	901

(2) A peace officer of the department of natural resources or	902
an individual designated to perform law enforcement duties under	903
section 511.232, 1545.13, or 6101.75 of the Revised Code shall	904
arrest and detain, until a warrant can be obtained, a person found	905
violating, within the limits of the peace officer's or	906
individual's territorial jurisdiction, a law of this state.	907

(3) The house sergeant at arms if the house sergeant at arms	908
has arrest authority pursuant to division (E)(1) of section	909
101.311 of the Revised Code and an assistant house sergeant at	910
arms shall arrest and detain, until a warrant can be obtained, a	911
person found violating, within the limits of the sergeant at	912
arms's or assistant sergeant at arms's territorial jurisdiction	913
specified in division (D)(1)(a) of section 101.311 of the Revised	914
Code or while providing security pursuant to division (D)(1)(f) of	915
section 101.311 of the Revised Code, a law of this state, an	916
ordinance of a municipal corporation, or a resolution of a	917
township.	918

(B)(1) When there is reasonable ground to believe that an	919
offense of violence, the offense of criminal child enticement as	920
defined in section 2905.05 of the Revised Code, the offense of	921
public indecency as defined in section 2907.09 of the Revised	922
Code, the offense of domestic violence as defined in section	923
2919.25 of the Revised Code, the offense of violating a protection	924
order as defined in section 2919.27 of the Revised Code, the	925
offense of menacing by stalking as defined in section 2903.211 of	926
the Revised Code, the offense of aggravated trespass as defined in	927
section 2911.211 of the Revised Code, a theft offense as defined	928
in section 2913.01 of the Revised Code, or a felony drug abuse	929
offense as defined in section 2925.01 of the Revised Code, has	930
been committed within the limits of the political subdivision,	931
metropolitan housing authority housing project, regional transit	932
authority facilities or those areas of a municipal corporation	933
that have been agreed to by a regional transit authority and a	934
municipal corporation located within its territorial jurisdiction,	935
college, university, veterans' home operated under Chapter 5907.	936
of the Revised Code, port authority, or municipal airport or other	937
municipal air navigation facility, in which the peace officer is	938
appointed, employed, or elected or within the limits of the	939
territorial jurisdiction of the peace officer, a peace officer	940
described in division (A) of this section may arrest and detain	941
until a warrant can be obtained any person who the peace officer	942
has reasonable cause to believe is guilty of the violation.	943

(2) For purposes of division (B)(1) of this section, the	944
execution of any of the following constitutes reasonable ground to	945
believe that the offense alleged in the statement was committed	946
and reasonable cause to believe that the person alleged in the	947
statement to have committed the offense is guilty of the	948
violation:	949

(a) A written statement by a person alleging that an alleged	950
offender has committed the offense of menacing by stalking or	951
aggravated trespass;	952

(b) A written statement by the administrator of the	953
interstate compact on mental health appointed under section	954
5119.51 of the Revised Code alleging that a person who had been	955
hospitalized, institutionalized, or confined in any facility under	956
an order made pursuant to or under authority of section 2945.37,	957
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	958
Revised Code has escaped from the facility, from confinement in a	959
vehicle for transportation to or from the facility, or from	960
supervision by an employee of the facility that is incidental to	961
hospitalization, institutionalization, or confinement in the	962
facility and that occurs outside of the facility, in violation of	963
section 2921.34 of the Revised Code;	964

(c) A written statement by the administrator of any facility	965
in which a person has been hospitalized, institutionalized, or	966
confined under an order made pursuant to or under authority of	967
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	968
2945.402 of the Revised Code alleging that the person has escaped	969
from the facility, from confinement in a vehicle for	970
transportation to or from the facility, or from supervision by an	971
employee of the facility that is incidental to hospitalization,	972
institutionalization, or confinement in the facility and that	973
occurs outside of the facility, in violation of section 2921.34 of	974
the Revised Code.	975

(3)(a) For purposes of division (B)(1) of this section, a	976
peace officer described in division (A) of this section has	977
reasonable grounds to believe that the offense of domestic	978
violence or the offense of violating a protection order has been	979
committed and reasonable cause to believe that a particular person	980
is guilty of committing the offense if any of the following	981
occurs:	982

(i) A person executes a written statement alleging that the	983
person in question has committed the offense of domestic violence	984
or the offense of violating a protection order against the person	985
who executes the statement or against a child of the person who	986
executes the statement.	987

(ii) No written statement of the type described in division	988
(B)(3)(a)(i) of this section is executed, but the peace officer,	989
based upon the peace officer's own knowledge and observation of	990
the facts and circumstances of the alleged incident of the offense	991
of domestic violence or the alleged incident of the offense of	992
violating a protection order or based upon any other information,	993
including, but not limited to, any reasonably trustworthy	994
information given to the peace officer by the alleged victim of	995
the alleged incident of the offense or any witness of the alleged	996
incident of the offense, concludes that there are reasonable	997
grounds to believe that the offense of domestic violence or the	998
offense of violating a protection order has been committed and	999
reasonable cause to believe that the person in question is guilty	1000
of committing the offense.	1001

(iii) No written statement of the type described in division	1002
(B)(3)(a)(i) of this section is executed, but the peace officer	1003
witnessed the person in question commit the offense of domestic	1004
violence or the offense of violating a protection order.	1005

(b) If pursuant to division (B)(3)(a) of this section a peace	1006
officer has reasonable grounds to believe that the offense of	1007
domestic violence or the offense of violating a protection order	1008
has been committed and reasonable cause to believe that a	1009
particular person is guilty of committing the offense, it is the	1010
preferred course of action in this state that the officer arrest	1011
and detain that person pursuant to division (B)(1) of this section	1012
until a warrant can be obtained.	1013

If pursuant to division (B)(3)(a) of this section a peace	1014
officer has reasonable grounds to believe that the offense of	1015
domestic violence or the offense of violating a protection order	1016
has been committed and reasonable cause to believe that family or	1017
household members have committed the offense against each other,	1018
it is the preferred course of action in this state that the	1019
officer, pursuant to division (B)(1) of this section, arrest and	1020
detain until a warrant can be obtained the family or household	1021
member who committed the offense and whom the officer has	1022
reasonable cause to believe is the primary physical aggressor.	1023
There is no preferred course of action in this state regarding any	1024
other family or household member who committed the offense and	1025
whom the officer does not have reasonable cause to believe is the	1026
primary physical aggressor, but, pursuant to division (B)(1) of	1027
this section, the peace officer may arrest and detain until a	1028
warrant can be obtained any other family or household member who	1029
committed the offense and whom the officer does not have	1030
reasonable cause to believe is the primary physical aggressor.	1031

(c) If a peace officer described in division (A) of this	1032
section does not arrest and detain a person whom the officer has	1033
reasonable cause to believe committed the offense of domestic	1034
violence or the offense of violating a protection order when it is	1035
the preferred course of action in this state pursuant to division	1036
(B)(3)(b) of this section that the officer arrest that person, the	1037
officer shall articulate in the written report of the incident	1038
required by section 2935.032 of the Revised Code a clear statement	1039
of the officer's reasons for not arresting and detaining that	1040
person until a warrant can be obtained.	1041

(d) In determining for purposes of division (B)(3)(b) of this	1042
section which family or household member is the primary physical	1043
aggressor in a situation in which family or household members have	1044
committed the offense of domestic violence or the offense of	1045
violating a protection order against each other, a peace officer	1046
described in division (A) of this section, in addition to any	1047
other relevant circumstances, should consider all of the	1048
following:	1049

(i) Any history of domestic violence or of any other violent	1050
acts by either person involved in the alleged offense that the	1051
officer reasonably can ascertain;	1052

(ii) If violence is alleged, whether the alleged violence was	1053
caused by a person acting in self-defense;	1054

(iii) Each person's fear of physical harm, if any, resulting	1055
from the other person's threatened use of force against any person	1056
or resulting from the other person's use or history of the use of	1057
force against any person, and the reasonableness of that fear;	1058

(iv) The comparative severity of any injuries suffered by the	1059
persons involved in the alleged offense.	1060

(e)(i) A peace officer described in division (A) of this	1061
section shall not require, as a prerequisite to arresting or	1062
charging a person who has committed the offense of domestic	1063
violence or the offense of violating a protection order, that the	1064
victim of the offense specifically consent to the filing of	1065
charges against the person who has committed the offense or sign a	1066
complaint against the person who has committed the offense.	1067

(ii) If a person is arrested for or charged with committing	1068
the offense of domestic violence or the offense of violating a	1069
protection order and if the victim of the offense does not	1070
cooperate with the involved law enforcement or prosecuting	1071
authorities in the prosecution of the offense or, subsequent to	1072
the arrest or the filing of the charges, informs the involved law	1073
enforcement or prosecuting authorities that the victim does not	1074
wish the prosecution of the offense to continue or wishes to drop	1075
charges against the alleged offender relative to the offense, the	1076
involved prosecuting authorities, in determining whether to	1077
continue with the prosecution of the offense or whether to dismiss	1078
charges against the alleged offender relative to the offense and	1079
notwithstanding the victim's failure to cooperate or the victim's	1080
wishes, shall consider all facts and circumstances that are	1081
relevant to the offense, including, but not limited to, the	1082
statements and observations of the peace officers who responded to	1083
the incident that resulted in the arrest or filing of the charges	1084
and of all witnesses to that incident.	1085

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	1086
this section whether to arrest a person pursuant to division	1087
(B)(1) of this section, a peace officer described in division (A)	1088
of this section shall not consider as a factor any possible	1089
shortage of cell space at the detention facility to which the	1090
person will be taken subsequent to the person's arrest or any	1091
possibility that the person's arrest might cause, contribute to,	1092
or exacerbate overcrowding at that detention facility or at any	1093
other detention facility.	1094

(g) If a peace officer described in division (A) of this	1095
section intends pursuant to divisions (B)(3)(a) to (g) of this	1096
section to arrest a person pursuant to division (B)(1) of this	1097
section and if the officer is unable to do so because the person	1098
is not present, the officer promptly shall seek a warrant for the	1099
arrest of the person.	1100

(h) If a peace officer described in division (A) of this	1101
section responds to a report of an alleged incident of the offense	1102
of domestic violence or an alleged incident of the offense of	1103
violating a protection order and if the circumstances of the	1104
incident involved the use or threatened use of a deadly weapon or	1105
any person involved in the incident brandished a deadly weapon	1106
during or in relation to the incident, the deadly weapon that was	1107
used, threatened to be used, or brandished constitutes contraband,	1108
and, to the extent possible, the officer shall seize the deadly	1109
weapon as contraband pursuant to section 2933.43 of the Revised	1110
Code. Upon the seizure of a deadly weapon pursuant to division	1111
(B)(3)(h) of this section, section 2933.43 of the Revised Code	1112
shall apply regarding the treatment and disposition of the deadly	1113
weapon. For purposes of that section, the "underlying criminal	1114
offense" that was the basis of the seizure of a deadly weapon	1115
under division (B)(3)(h) of this section and to which the deadly	1116
weapon had a relationship is any of the following that is	1117
applicable:	1118

(i) The alleged incident of the offense of domestic violence	1119
or the alleged incident of the offense of violating a protection	1120
order to which the officer who seized the deadly weapon responded;	1121

(ii) Any offense that arose out of the same facts and	1122
circumstances as the report of the alleged incident of the offense	1123
of domestic violence or the alleged incident of the offense of	1124
violating a protection order to which the officer who seized the	1125
deadly weapon responded.	1126

(4) If, in the circumstances described in divisions (B)(3)(a)	1127
to (g) of this section, a peace officer described in division (A)	1128
of this section arrests and detains a person pursuant to division	1129
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	1130
this section, a peace officer described in division (A) of this	1131
section seizes a deadly weapon, the officer, to the extent	1132
described in and in accordance with section 9.86 or 2744.03 of the	1133
Revised Code, is immune in any civil action for damages for	1134
injury, death, or loss to person or property that arises from or	1135
is related to the arrest and detention or the seizure.	1136

(C) When there is reasonable ground to believe that a	1137
violation of division (A)(1), (2), or (3), (4), or (5) of section	1138
4506.15 or a violation of section 4511.19 of the Revised Code has	1139
been committed by a person operating a motor vehicle subject to	1140
regulation by the public utilities commission of Ohio under Title	1141
XLIX of the Revised Code, a peace officer with authority to	1142
enforce that provision of law may stop or detain the person whom	1143
the officer has reasonable cause to believe was operating the	1144
motor vehicle in violation of the division or section and, after	1145
investigating the circumstances surrounding the operation of the	1146
vehicle, may arrest and detain the person.	1147

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	1148
municipal police officer, member of a police force employed by a	1149
metropolitan housing authority under division (D) of section	1150
3735.31 of the Revised Code, member of a police force employed by	1151
a regional transit authority under division (Y) of section 306.35	1152
of the Revised Code, special police officer employed by a port	1153
authority under section 4582.04 or 4582.28 of the Revised Code,	1154
special police officer employed by a municipal corporation at a	1155
municipal airport or other municipal air navigation facility	1156
described in division (A) of this section, township constable,	1157
police officer of a township or joint township police district,	1158
state university law enforcement officer appointed under section	1159
3345.04 of the Revised Code, peace officer of the department of	1160
natural resources, individual designated to perform law	1161
enforcement duties under section 511.232, 1545.13, or 6101.75 of	1162
the Revised Code, the house sergeant at arms if the house sergeant	1163
at arms has arrest authority pursuant to division (E)(1) of	1164
section 101.311 of the Revised Code, or an assistant house	1165
sergeant at arms is authorized by division (A) or (B) of this	1166
section to arrest and detain, within the limits of the political	1167
subdivision, metropolitan housing authority housing project,	1168
regional transit authority facilities or those areas of a	1169
municipal corporation that have been agreed to by a regional	1170
transit authority and a municipal corporation located within its	1171
territorial jurisdiction, port authority, municipal airport or	1172
other municipal air navigation facility, college, or university in	1173
which the officer is appointed, employed, or elected or within the	1174
limits of the territorial jurisdiction of the peace officer, a	1175
person until a warrant can be obtained, the peace officer, outside	1176
the limits of that territory, may pursue, arrest, and detain that	1177
person until a warrant can be obtained if all of the following	1178
apply:	1179

(1) The pursuit takes place without unreasonable delay after	1180
the offense is committed;	1181

(2) The pursuit is initiated within the limits of the	1182
political subdivision, metropolitan housing authority housing	1183
project, regional transit authority facilities or those areas of a	1184
municipal corporation that have been agreed to by a regional	1185
transit authority and a municipal corporation located within its	1186
territorial jurisdiction, port authority, municipal airport or	1187
other municipal air navigation facility, college, or university in	1188
which the peace officer is appointed, employed, or elected or	1189
within the limits of the territorial jurisdiction of the peace	1190
officer;	1191

(3) The offense involved is a felony, a misdemeanor of the	1192
first degree or a substantially equivalent municipal ordinance, a	1193
misdemeanor of the second degree or a substantially equivalent	1194
municipal ordinance, or any offense for which points are	1195
chargeable pursuant to section 4510.036 of the Revised Code.	1196

(E) In addition to the authority granted under division (A)	1197
or (B) of this section:	1198

(1) A sheriff or deputy sheriff may arrest and detain, until	1199
a warrant can be obtained, any person found violating section	1200
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	1201
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	1202
portion of any street or highway that is located immediately	1203
adjacent to the boundaries of the county in which the sheriff or	1204
deputy sheriff is elected or appointed.	1205

(2) A member of the police force of a township police	1206
district created under section 505.48 of the Revised Code, a	1207
member of the police force of a joint township police district	1208
created under section 505.481 of the Revised Code, or a township	1209
constable appointed in accordance with section 509.01 of the	1210
Revised Code, who has received a certificate from the Ohio peace	1211
officer training commission under section 109.75 of the Revised	1212
Code, may arrest and detain, until a warrant can be obtained, any	1213
person found violating any section or chapter of the Revised Code	1214
listed in division (E)(1) of this section, other than sections	1215
4513.33 and 4513.34 of the Revised Code, on the portion of any	1216
street or highway that is located immediately adjacent to the	1217
boundaries of the township police district or joint township	1218
police district, in the case of a member of a township police	1219
district or joint township police district police force, or the	1220
unincorporated territory of the township, in the case of a	1221
township constable. However, if the population of the township	1222
that created the township police district served by the member's	1223
police force, or the townships that created the joint township	1224
police district served by the member's police force, or the	1225
township that is served by the township constable, is sixty	1226
thousand or less, the member of the township police district or	1227
joint police district police force or the township constable may	1228
not make an arrest under division (E)(2) of this section on a	1229
state highway that is included as part of the interstate system.	1230

(3) A police officer or village marshal appointed, elected,	1231
or employed by a municipal corporation may arrest and detain,	1232
until a warrant can be obtained, any person found violating any	1233
section or chapter of the Revised Code listed in division (E)(1)	1234
of this section on the portion of any street or highway that is	1235
located immediately adjacent to the boundaries of the municipal	1236
corporation in which the police officer or village marshal is	1237
appointed, elected, or employed.	1238

(4) A peace officer of the department of natural resources or	1239
an individual designated to perform law enforcement duties under	1240
section 511.232, 1545.13, or 6101.75 of the Revised Code may	1241
arrest and detain, until a warrant can be obtained, any person	1242
found violating any section or chapter of the Revised Code listed	1243
in division (E)(1) of this section, other than sections 4513.33	1244
and 4513.34 of the Revised Code, on the portion of any street or	1245
highway that is located immediately adjacent to the boundaries of	1246
the lands and waters that constitute the territorial jurisdiction	1247
of the peace officer.	1248

(F)(1) A department of mental health special police officer	1249
or a department of mental retardation and developmental	1250
disabilities special police officer may arrest without a warrant	1251
and detain until a warrant can be obtained any person found	1252
committing on the premises of any institution under the	1253
jurisdiction of the particular department a misdemeanor under a	1254
law of the state.	1255

A department of mental health special police officer or a	1256
department of mental retardation and developmental disabilities	1257
special police officer may arrest without a warrant and detain	1258
until a warrant can be obtained any person who has been	1259
hospitalized, institutionalized, or confined in an institution	1260
under the jurisdiction of the particular department pursuant to or	1261
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1262
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	1263
found committing on the premises of any institution under the	1264
jurisdiction of the particular department a violation of section	1265
2921.34 of the Revised Code that involves an escape from the	1266
premises of the institution.	1267

(2)(a) If a department of mental health special police	1268
officer or a department of mental retardation and developmental	1269
disabilities special police officer finds any person who has been	1270
hospitalized, institutionalized, or confined in an institution	1271
under the jurisdiction of the particular department pursuant to or	1272
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1273
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	1274
violation of section 2921.34 of the Revised Code that involves an	1275
escape from the premises of the institution, or if there is	1276
reasonable ground to believe that a violation of section 2921.34	1277
of the Revised Code has been committed that involves an escape	1278
from the premises of an institution under the jurisdiction of the	1279
department of mental health or the department of mental	1280
retardation and developmental disabilities and if a department of	1281
mental health special police officer or a department of mental	1282
retardation and developmental disabilities special police officer	1283
has reasonable cause to believe that a particular person who has	1284
been hospitalized, institutionalized, or confined in the	1285
institution pursuant to or under authority of section 2945.37,	1286
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1287
Revised Code is guilty of the violation, the special police	1288
officer, outside of the premises of the institution, may pursue,	1289
arrest, and detain that person for that violation of section	1290
2921.34 of the Revised Code, until a warrant can be obtained, if	1291
both of the following apply:	1292

(i) The pursuit takes place without unreasonable delay after	1293
the offense is committed;	1294

(ii) The pursuit is initiated within the premises of the	1295
institution from which the violation of section 2921.34 of the	1296
Revised Code occurred.	1297

(b) For purposes of division (F)(2)(a) of this section, the	1298
execution of a written statement by the administrator of the	1299
institution in which a person had been hospitalized,	1300
institutionalized, or confined pursuant to or under authority of	1301
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1302
2945.402 of the Revised Code alleging that the person has escaped	1303
from the premises of the institution in violation of section	1304
2921.34 of the Revised Code constitutes reasonable ground to	1305
believe that the violation was committed and reasonable cause to	1306
believe that the person alleged in the statement to have committed	1307
the offense is guilty of the violation.	1308

(G) As used in this section:

1309

(1) A "department of mental health special police officer"	1310
means a special police officer of the department of mental health	1311
designated under section 5119.14 of the Revised Code who is	1312
certified by the Ohio peace officer training commission under	1313
section 109.77 of the Revised Code as having successfully	1314
completed an approved peace officer basic training program.	1315

(2) A "department of mental retardation and developmental	1316
disabilities special police officer" means a special police	1317
officer of the department of mental retardation and developmental	1318
disabilities designated under section 5123.13 of the Revised Code	1319
who is certified by the Ohio peace officer training council under	1320
section 109.77 of the Revised Code as having successfully	1321
completed an approved peace officer basic training program.	1322

(3) "Deadly weapon" has the same meaning as in section	1323
2923.11 of the Revised Code.	1324

(4) "Family or household member" has the same meaning as in	1325
section 2919.25 of the Revised Code.	1326

(5) "Street" or "highway" has the same meaning as in section	1327
4511.01 of the Revised Code.	1328

(6) "Interstate system" has the same meaning as in section	1329
5516.01 of the Revised Code.	1330

(7) "Peace officer of the department of natural resources"	1331
means an employee of the department of natural resources who is a	1332
natural resources law enforcement staff officer designated	1333
pursuant to section 1501.013 of the Revised Code, a forest officer	1334
designated pursuant to section 1503.29 of the Revised Code, a	1335
preserve officer designated pursuant to section 1517.10 of the	1336
Revised Code, a wildlife officer designated pursuant to section	1337
1531.13 of the Revised Code, a park officer designated pursuant to	1338
section 1541.10 of the Revised Code, or a state watercraft officer	1339
designated pursuant to section 1547.521 of the Revised Code.	1340

Sec. 4501.04.  All moneys paid into the auto registration	1341
distribution fund under section 4501.03 of the Revised Code,	1342
except moneys received under sectionssection 4504.09 of the	1343
Revised Code and moneys received under section 4503.02 of the	1344
Revised Code in accordance with section 4501.13 of the Revised	1345
Code, and except moneys paid for costs of audits under section	1346
4501.03 of the Revised Code, after receipt by the treasurer of	1347
state of certifications from the commissioners of the sinking fund	1348
certifying, as required by sections 5528.15 and 5528.35 of the	1349
Revised Code, that there are sufficient moneys to the credit of	1350
the highway improvement bond retirement fund created by section	1351
5528.12 of the Revised Code to meet in full all payments of	1352
interest, principal, and charges for the retirement of bonds and	1353
other obligations issued pursuant to Section 2g of Article VIII,	1354
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1355
Code, due and payable during the current calendar year, and that	1356
there are sufficient moneys to the credit of the highway	1357
obligations bond retirement fund created by section 5528.32 of the	1358
Revised Code to meet in full all payments of interest, principal,	1359
and charges for the retirement of highway obligations issued	1360
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1361
sections 5528.30 and 5528.31 of the Revised Code due and payable	1362
during the current calendar year, shall be distributed as follows:	1363

(A) Thirty-four per cent of all such moneys are for the use	1364
of the municipal corporation or county which constitutes the	1365
district of registration. The portion of such money due to the	1366
municipal corporation shall be paid into its treasury forthwith	1367
upon receipt by the county auditor, and shall be used to plan,	1368
construct, reconstruct, repave, widen, maintain, repair, clear,	1369
and clean public highways, roads, and streets; to maintain and	1370
repair bridges and viaducts; to purchase, erect, and maintain	1371
street and traffic signs and markers; to purchase, erect, and	1372
maintain traffic lights and signals; to pay the principal,	1373
interest, and charges on bonds and other obligations issued	1374
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1375
to section 5531.09 of the Revised Code for the purpose of	1376
acquiring or constructing roads, highways, bridges, or viaducts,	1377
or acquiring or making other highway improvements for which the	1378
municipal corporation may issue bonds; and to supplement revenue	1379
already available for such purposes.	1380

The county portion of such funds shall be retained in the	1381
county treasury and shall be used for the planning, maintenance,	1382
repair, construction, and repaving of public streets, and	1383
maintaining and repairing bridges and viaducts; the payment of	1384
principal, interest, and charges on bonds and other obligations	1385
issued pursuant to Chapter 133. of the Revised Code or incurred	1386
pursuant to section 5531.09 of the Revised Code for the purpose of	1387
acquiring or constructing roads, highways, bridges, or viaducts or	1388
acquiring or making other highway improvements for which the board	1389
of county commissioners may issue bonds under such chapter; and	1390
for no other purpose.	1391

(B) Five per cent of all such moneys, together with interest	1392
earned by the treasurer of state as provided in section 4501.03 of	1393
the Revised Code, shall constitute a fund for the use of the	1394
several counties for the purposes specified in division (C) of	1395
this section. The moneys shall be divided equally among all the	1396
counties in the state and shall be paid out by the registrar of	1397
motor vehicles in equal proportions to the county auditor of each	1398
county within the state.	1399

(C) Forty-seven per cent of all such moneys shall be for the	1400
use of the county in which the owner resides or in which the place	1401
is located at which the established business or branch business in	1402
connection with which the motor vehicle registered is used, for	1403
the planning, construction, reconstruction, improvement,	1404
maintenance, and repair of roads and highways; maintaining and	1405
repairing bridges and viaducts; and the payment of principal,	1406
interest, and charges on bonds and other obligations issued	1407
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1408
to section 5531.09 of the Revised Code for the purpose of	1409
acquiring or constructing roads, highways, bridges, or viaducts or	1410
acquiring or making other highway improvements for which the board	1411
of county commissioners may issue bonds under such chapter.	1412

(D) Nine per cent of all such moneys shall be for the use of	1413
the several counties for the purposes specified in division (C) of	1414
this section and shall be distributed to the several counties in	1415
the ratio which the total number of miles of county roads under	1416
the jurisdiction of each board of county commissioners in each	1417
county bears to the total number of miles of county roads in the	1418
state, as determined by the director of transportation. Before	1419
such distribution is made each board of county commissioners shall	1420
certify in writing to the director the actual number of miles	1421
under its statutory jurisdiction which are used by and maintained	1422
for the public.	1423

(E) Five per cent of all such moneys shall be for the use of	1424
the several townships and shall be distributed to the several	1425
townships in the ratio which the total number of miles of township	1426
roads under the jurisdiction of each board of township trustees in	1427
each township bears to the total number of miles of township roads	1428
in the state, as determined by the director of transportation.	1429
Before such distribution is made each board of township trustees	1430
shall certify in writing to the director the actual number of	1431
miles under its statutory jurisdiction which are used by and	1432
maintained for the public.	1433

Sec. 4501.06.  The taxes, fees, and fines levied, charged, or	1434
referred to in division (C)(1) of section 4503.10, division (D) of	1435
section 4503.182, division (A) of section 4508.06, and sections	1436
4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4923.12,	1437
and 5502.12 of the Revised Code, unless otherwise designated by	1438
law, shall be deposited in the state treasury to the credit of the	1439
state highway safety fund, which is hereby created, and shall,	1440
after receipt of certifications from the commissioners of the	1441
sinking fund certifying, as required by sections 5528.15 and	1442
5528.35 of the Revised Code, that there are sufficient moneys to	1443
the credit of the highway improvement bond retirement fund created	1444
by section 5528.12 of the Revised Code to meet in full all	1445
payments of interest, principal, and charges for the retirement of	1446
bonds and other obligations issued pursuant to Section 2g of	1447
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	1448
of the Revised Code due and payable during the current calendar	1449
year, and that there are sufficient moneys to the credit of the	1450
highway obligations bond retirement fund created by section	1451
5528.32 of the Revised Code to meet in full all payments of	1452
interest, principal, and charges for the retirement of highway	1453
obligations issued pursuant to Section 2i of Article VIII, Ohio	1454
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	1455
due and payable during the current calendar year, be used for the	1456
purpose of enforcing and paying the expenses of administering the	1457
law relative to the registration and operation of motor vehicles	1458
on the public roads or highways. Amounts credited to the fund may	1459
also be used to pay the expenses of administering and enforcing	1460
the laws under which such fees were collected. All investment	1461
earnings of the state highway safety fund shall be credited to the	1462
fund.	1463

Sec. 4501.21.  (A) There is hereby created in the state	1464
treasury the license plate contribution fund. The fund shall	1465
consist of all contributions paid by motor vehicle registrants and	1466
collected by the registrar of motor vehicles pursuant to sections	1467
4503.491, 4503.50, 4503.501, 4503.502, 4503.51, 4503.522,	1468
4503.545, 4503.55, 4503.551, 4503.552, 4503.561, 4503.562,	1469
4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72,	1470
4503.73, 4503.74, and 4503.75, and 4503.85 of the Revised Code.	1471

(B) The registrar shall disbursepay the contributions the	1472
registrar collects in the fund as follows:	1473

(1) The registrar shall pay the contributions received	1474
pursuant to section 4503.491 of the Revised Code to the breast	1475
cancer fund of Ohio, which shall use that money only to pay for	1476
programs that provide assistance and education to Ohio breast	1477
cancer patients and that improve access for such patients to	1478
quality health care and clinical trials and shall not use any of	1479
the money for abortion information, counseling, services, or other	1480
abortion-related activities.	1481

(2) The registrar shall pay the contributions the registrar	1482
receives pursuant to section 4503.50 of the Revised Code to the	1483
future farmers of America foundation, which shall deposit the	1484
contributions into its general account to be used for educational	1485
and scholarship purposes of the future farmers of America	1486
foundation.	1487

(3) The registrar shall pay the contributions the registrar	1488
receives pursuant to section 4503.501 of the Revised Code to the	1489
4-H youth development program of the Ohio state university	1490
extension program, which shall use those contributions to pay the	1491
expenses it incurs in conducting its educational activities.	1492

(4) The registrar shall pay the contributions received	1493
pursuant to section 4503.502 of the Revised Code to the Ohio	1494
cattlemen's foundation, which shall use those contributions for	1495
scholarships and other educational activities.	1496

(5) The registrar shall pay each contribution the registrar	1497
receives pursuant to section 4503.51 of the Revised Code to the	1498
university or college whose name or marking or design appears on	1499
collegiate license plates that are issued to a person under that	1500
section. A university or college that receives contributions from	1501
the fund shall deposit the contributions into its general	1502
scholarship fund.	1503

(6) The registrar shall pay the contributions the registrar	1504
receives pursuant to section 4503.522 of the Revised Code to the	1505
"friends of Perry's victory and international peace memorial,	1506
incorporated," a nonprofit corporation organized under the laws of	1507
this state, to assist that organization in paying the expenses it	1508
incurs in sponsoring or holding charitable, educational, and	1509
cultural events at the monument.	1510

(7) The registrar shall pay the contributions the registrar	1511
receives pursuant to section 4503.55 of the Revised Code to the	1512
pro football hall of fame, which shall deposit the contributions	1513
into a special bank account that it establishes and which shall be	1514
separate and distinct from any other account the pro football hall	1515
of fame maintains, to be used exclusively for the purpose of	1516
promoting the pro football hall of fame as a travel destination.	1517

(8) The registrar shall pay the contributions that are paid	1518
to the registrar pursuant to section 4503.545 of the Revised Code	1519
to the national rifle association foundation, which shall use the	1520
money to pay the costs of the educational activities and programs	1521
the foundation holds or sponsors in this state.	1522

(9) In accordance with section 955.202 of the Revised Code,	1523
the registrar shall pay to the pets program funding board created	1524
by that section the contributions the registrar receives pursuant	1525
to section 4503.551 of the Revised Code and any other money from	1526
any other source, including donations, gifts, and grants, that is	1527
designated by the source to be paid to the pets program funding	1528
board. The board shall use the moneys it receives under this	1529
section only to support programs for the sterilization of dogs and	1530
cats and for educational programs concerning the proper veterinary	1531
care of those animals.	1532

(10) The registrar shall pay the contributions the registrar	1533
receives pursuant to section 4503.552 of the Revised Code to the	1534
rock and roll hall of fame and museum, incorporated.	1535

(11) The registrar shall pay the contributions the registrar	1536
receives pursuant to section 4503.561 of the Revised Code to the	1537
state of Ohio chapter of ducks unlimited, inc., which shall	1538
deposit the contributions into a special bank account that it	1539
establishes. The special bank account shall be separate and	1540
distinct from any other account the state of Ohio chapter of ducks	1541
unlimited, inc., maintains and shall be used exclusively for the	1542
purpose of protecting, enhancing, restoring, and managing wetlands	1543
and conserving wildlife habitat. The state of Ohio chapter of	1544
ducks unlimited, inc., annually shall notify the registrar in	1545
writing of the name, address, and account to which payments are to	1546
be made under division (B)(11) of this section.	1547

(12) The registrar shall pay the contributions the registrar	1548
receives pursuant to section 4503.562 of the Revised Code to the	1549
Mahoning river consortium, which shall use the money to pay the	1550
expenses it incurs in restoring and maintaining the Mahoning river	1551
watershed.	1552

(13)(a) The registrar shall pay to a sports commission	1553
created pursuant to section 4503.591 of the Revised Code each	1554
contribution the registrar receives under that section that an	1555
applicant pays to obtain license plates that bear the logo of a	1556
professional sports team located in the county of that sports	1557
commission and that is participating in the license plate program	1558
pursuant to division (E) of that section, irrespective of the	1559
county of residence of an applicant.	1560

(b) The registrar shall pay to a community charity each	1561
contribution the registrar receives under section 4503.591 of the	1562
Revised Code that an applicant pays to obtain license plates that	1563
bear the logo of a professional sports team that is participating	1564
in the license plate program pursuant to division (G) of that	1565
section.	1566

(14) The registrar shall pay the contributions the registrar	1567
receives pursuant to section 4503.67 of the Revised Code to the	1568
Dan Beard council of the boy scouts of America. The council shall	1569
distribute all contributions in an equitable manner throughout the	1570
state to regional councils of the boy scouts.	1571

(15) The registrar shall pay the contributions the registrar	1572
receives pursuant to section 4503.68 of the Revised Code to the	1573
great river council of the girl scouts of the United States of	1574
America. The council shall distribute all contributions in an	1575
equitable manner throughout the state to regional councils of the	1576
girl scouts.	1577

(16) The registrar shall pay the contributions the registrar	1578
receives pursuant to section 4503.69 of the Revised Code to the	1579
Dan Beard council of the boy scouts of America. The council shall	1580
distribute all contributions in an equitable manner throughout the	1581
state to regional councils of the boy scouts.	1582

(17) The registrar shall pay the contributions the registrar	1583
receives pursuant to section 4503.71 of the Revised Code to the	1584
fraternal order of police of Ohio, incorporated, which shall	1585
deposit the fees into its general account to be used for purposes	1586
of the fraternal order of police of Ohio, incorporated.	1587

(18) The registrar shall pay the contributions the registrar	1588
receives pursuant to section 4503.711 of the Revised Code to the	1589
fraternal order of police of Ohio, incorporated, which shall	1590
deposit the contributions into an account that it creates to be	1591
used for the purpose of advancing and protecting the law	1592
enforcement profession, promoting improved law enforcement	1593
methods, and teaching respect for law and order.	1594

(19) The registrar shall pay the contributions the registrar	1595
receives pursuant to section 4503.72 of the Revised Code to the	1596
organization known on March 31, 2003, as the Ohio CASA/GAL	1597
association, a private, nonprofit corporation organized under	1598
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	1599
shall use these contributions to pay the expenses it incurs in	1600
administering a program to secure the proper representation in the	1601
courts of this state of abused, neglected, and dependent children,	1602
and for the training and supervision of persons participating in	1603
that program.	1604

(20) The registrar shall pay the contributions the registrar	1605
receives pursuant to section 4503.73 of the Revised Code to Wright	1606
B. Flyer, incorporated, which shall deposit the contributions into	1607
its general account to be used for purposes of Wright B. Flyer,	1608
incorporated.	1609

(21) The registrar shall pay the contributions the registrar	1610
receives pursuant to section 4503.74 of the Revised Code to the	1611
Columbus zoological park association, which shall disburse the	1612
moneys to Ohio's major metropolitan zoos, as defined in section	1613
4503.74 of the Revised Code, in accordance with a written	1614
agreement entered into by the major metropolitan zoos.	1615

(22) The registrar shall pay the contributions the registrar	1616
receives pursuant to section 4503.75 of the Revised Code to the	1617
rotary foundation, located on March 31, 2003, in Evanston,	1618
Illinois, to be placed in a fund known as the permanent fund and	1619
used to endow educational and humanitarian programs of the rotary	1620
foundation.	1621

(23) The registrar shall pay the contributions the registrar	1622
receives pursuant to section 4503.85 of the Revised Code to the	1623
Ohio sea grant college program to be used for Lake Erie area	1624
research projects.	1625

(C) All investment earnings of the license plate contribution	1626
fund shall be credited to the fund. Not later than the first day	1627
of May of every year, the registrar shall distribute to each	1628
entity described in divisions (B)(1) to (22)(23) of this section	1629
the investment income the fund earned the previous calendar year.	1630
The amount of such a distribution paid to an entity shall be	1631
proportionate to the amount of money the entity received from the	1632
fund during the previous calendar year.	1633

Sec. 4501.26.  The unidentified motor vehiclepublic safety	1634
receipts fund is hereby created in the state treasury. The fund	1635
shall consist of money received by the bureau of motor vehicles	1636
department of public safety that is provisional in nature or for	1637
which proper identification or disposition cannot immediately be	1638
determined. Refunds and other disbursements from the fund shall be	1639
made once proper identification and disposition is determined. All	1640
investment earnings of the fund shall be credited to the fund.	1641

Sec. 4503.02.  An annual license tax is hereby levied upon	1642
the operation of motor vehicles on the public roads or highways,	1643
for the purpose of enforcing and paying the expense of	1644
administering the law relative to the registration and operation	1645
of such vehicles; planning, constructing, maintaining, and	1646
repairing public roads, highways, and streets; maintaining and	1647
repairing bridges and viaducts; paying the counties' proportion of	1648
the cost and expenses of cooperating with the department of	1649
transportation in the planning, improvement, and construction of	1650
state highways; paying the counties' portion of the compensation,	1651
damages, cost, and expenses of planning, constructing,	1652
reconstructing, improving, maintaining, and repairing roads;	1653
paying the principal, interest, and charges on county bonds and	1654
other obligations issued pursuant to Chapter 133. of the Revised	1655
Code or incurred pursuant to section 5531.09 of the Revised Code	1656
for highway improvements; for the purpose of providing motorcycle	1657
safety and education instruction; enabling municipal corporations	1658
to plan, construct, reconstruct, repave, widen, maintain, repair,	1659
clear, and clean public highways, roads, and streets; paying the	1660
principal, interest, and other charges on municipal bonds and	1661
other obligations issued pursuant to Chapter 133. of the Revised	1662
Code or incurred pursuant to section 5531.09 of the Revised Code	1663
for highway improvements; to maintain and repair bridges and	1664
viaducts; to purchase, erect, and maintain street and traffic	1665
signs and markers; to purchase, erect, and maintain traffic lights	1666
and signals; to supplement revenue already available for such	1667
purposes; to pay the interest, principal, and charges on bonds and	1668
other obligations issued pursuant to Section 2i of Article VIII,	1669
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	1670
Code. Such tax shall be at the rates specified in sections 4503.04	1671
and 4503.042 of the Revised Code. Under section 4503.04 of the	1672
Revised Code, the tax shall be paid to and collected by the	1673
registrar of motor vehicles or deputy registrar at the time of	1674
making application for registration. Under section 4503.042 of the	1675
Revised Code, the tax shall be paid to and collected by the	1676
registrar at the time and manner set forth by himthe registrar by	1677
rule.	1678

Sec. 4503.103.  (A)(1)(a)(i) The registrar of motor vehicles	1679
may adopt rules to permit any person or lessee, other than a	1680
person receiving an apportioned license plate under the	1681
international registration plan, who owns or leases one or more	1682
motor vehicles to file a written application for registration for	1683
no more than five succeeding registration years. The rules adopted	1684
by the registrar may designate the classes of motor vehicles that	1685
are eligible for such registration. At the time of application,	1686
all annual taxes and fees shall be paid for each year for which	1687
the person is registering.	1688

(ii) The registrar shall adopt rules to permit any person or	1689
lessee who owns or leases two or more trailers or semitrailers	1690
that are subject to the tax rates prescribed in section 4503.042	1691
of the Revised Code for such trailers or semitrailers to file a	1692
written application for registration for not more than five	1693
succeeding registration years. At the time of application, all	1694
annual taxes and fees shall be paid for each year for which the	1695
person is registering.	1696

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	1697
section, the registrar shall adopt rules to permit any person who	1698
owns a motor vehicle to file an application for registration for	1699
the next two succeeding registration years. At the time of	1700
application, the person shall pay the annual taxes and fees for	1701
each registration year, calculated in accordance with division (C)	1702
of section 4503.11 of the Revised Code. A person who is	1703
registering a vehicle under division (A)(1)(b) of this section	1704
shall pay for each year of registration the additional fee	1705
established under division (C)(1) of section 4503.10 of the	1706
Revised Code. The person shall also pay one and one-half times the	1707
amount of the deputy registrar service fee specified in division	1708
(D) of section 4503.10 of the Revised Code or the bureau of motor	1709
vehicles service fee specified in division (G) of that section, as	1710
applicable.	1711

(ii) Division (A)(1)(b)(i) of this section does not apply to	1712
a person receiving an apportioned license plate under the	1713
international registration plan, or the owner of a commercial car	1714
used solely in intrastate commerce, or the owner of a bus as	1715
defined in section 4513.50 of the Revised Code.	1716

(2) No person applying for a multi-year registration under	1717
division (A)(1) of this section is entitled to a refund of any	1718
taxes or fees paid.	1719

(3) The registrar shall not issue to any applicant who has	1720
been issued a final, nonappealable order under division (B) of	1721
this section a multi-year registration or renewal thereof under	1722
this division or rules adopted under it for any motor vehicle that	1723
is required to be inspected under section 3704.14 of the Revised	1724
Code the district of registration of which, as determined under	1725
section 4503.10 of the Revised Code, is or is located in the	1726
county named in the order.	1727

(B) Upon receipt from the director of environmental	1728
protection of a notice issued under division (J) of section	1729
3704.14 of the Revised Code indicating that an owner of a motor	1730
vehicle that is required to be inspected under that section who	1731
obtained a multi-year registration for the vehicle under division	1732
(A) of this section or rules adopted under that division has not	1733
obtained an inspection certificate for the vehicle in accordance	1734
with that section in a year intervening between the years of	1735
issuance and expiration of the multi-year registration in which	1736
the owner is required to have the vehicle inspected and obtain an	1737
inspection certificate for it under division (F)(1)(a) of that	1738
section, the registrar in accordance with Chapter 119. of the	1739
Revised Code shall issue an order to the owner impounding the	1740
certificate of registration and identification license plates for	1741
the vehicle. The order also shall prohibit the owner from	1742
obtaining or renewing a multi-year registration for any vehicle	1743
that is required to be inspected under that section, the district	1744
of registration of which is or is located in the same county as	1745
the county named in the order during the number of years after	1746
expiration of the current multi-year registration that equals the	1747
number of years for which the current multi-year registration was	1748
issued.	1749

An order issued under this division shall require the owner	1750
to surrender to the registrar the certificate of registration and	1751
license plates for the vehicle named in the order within five days	1752
after its issuance. If the owner fails to do so within that time,	1753
the registrar shall certify that fact to the county sheriff or	1754
local police officials who shall recover the certificate of	1755
registration and license plates for the vehicle.	1756

(C) Upon the occurrence of either of the following	1757
circumstances, the registrar in accordance with Chapter 119. of	1758
the Revised Code shall issue to the owner a modified order	1759
rescinding the provisions of the order issued under division (B)	1760
of this section impounding the certificate of registration and	1761
license plates for the vehicle named in that original order:	1762

(1) Receipt from the director of environmental protection of	1763
a subsequent notice under division (J) of section 3704.14 of the	1764
Revised Code that the owner has obtained the inspection	1765
certificate for the vehicle as required under division (F)(1)(a)	1766
of that section;	1767

(2) Presentation to the registrar by the owner of the	1768
required inspection certificate for the vehicle.	1769

(D) The owner of a motor vehicle for which the certificate of	1770
registration and license plates have been impounded pursuant to an	1771
order issued under division (B) of this section, upon issuance of	1772
a modified order under division (C) of this section, may apply to	1773
the registrar for their return. A fee of two dollars and fifty	1774
cents shall be charged for the return of the certificate of	1775
registration and license plates for each vehicle named in the	1776
application.	1777

Sec. 4503.26.  As used in this section, "registration	1778
information" means information in license plate applications on	1779
file with the bureau of motor vehicles.	1780

The director of public safety may advertise for and accept	1781
sealed bids for the preparation of lists containing registration	1782
information in such form as the director authorizes. Where the	1783
expenditure is more than five hundred dollars, the director shall	1784
give notice to bidders as provided in section 5513.01 of the	1785
Revised Code as for purchases by the department of transportation.	1786
The notice shall include the latest date, as determined by the	1787
director, on which bids will be accepted and the date, also	1788
determined by the director, on which bids will be opened by the	1789
director at the central office of the department of public safety.	1790
The contract to prepare the list shall be awarded to the lowest	1791
responsive and responsible bidder, in accordance with section	1792
9.312 of the Revised Code, provided there is compliance with the	1793
specifications. Such contract shall not extend beyond twenty-four	1794
consecutive registration periods as provided in section 4503.101	1795
of the Revised Code. The successful bidder shall furnish without	1796
charge a complete list to the bureau of motor vehicles, and shall	1797
also furnish without charge to the county sheriffs or chiefs of	1798
police in cities, at such times and in such manner as the director	1799
determines necessary, lists of registration information for the	1800
county in which they are situated. The registrar shall provide to	1801
the successful bidder all necessary information for the	1802
preparation of such lists.	1803

The registrar may, upon application of any person and payment	1804
of the proper fee, search the records of the bureau and make	1805
reports thereof, and make photographic copies of the bureau	1806
records and attestations thereof.	1807

Fees therefor are as follows:

1808

(A) For searches of the records and written reports thereof,	1809
one dollar and fifty centstwo dollars for each name, number, or	1810
fact searched or reported on.;	1811

(B) For photographic copies of records and attestations	1812
thereof, under the signature and seal of the registrar, two	1813
dollars a copy. Such copy is prima-facie evidence of the facts	1814
therein stated, in any court.	1815

The registrar shall receive these fees and deposit them into	1816
the state treasury to the credit of the state bureau of motor	1817
vehicles safety fund established in section 4501.25 of the Revised	1818
Code.	1819

Sec. 4503.40.  The registrar of motor vehicles shall be	1820
allowed a fee, not to exceed ten dollars, for each application	1821
received by the registrar for special state reserved license plate	1822
numbers and the issuing of such licenses, and validation stickers,	1823
in the several series as the registrar may designate. The fee	1824
shall be in addition to the license tax established by this	1825
chapter and, where applicable, Chapter 4504. of the Revised Code.	1826
Seven dollars and fifty cents of the fee shall be for the purpose	1827
of compensating the bureau of motor vehicles for additional	1828
services required in the issuing of such licenses, and the	1829
remaining two dollars and fifty cents shall be transmitted	1830
deposited by the registrar to the treasurer of state for deposit	1831
in the highway operatinginto the state treasury to the credit of	1832
the state highway safety fund created by section 5735.2914501.06	1833
of the Revised Code. The types of motor vehicles for which special	1834
state reserved license plates may be issued in accordance with	1835
this section shall include at least motorcycles, buses, passenger	1836
cars, and noncommercial motor vehicles.	1837

Sec. 4503.42.  The registrar of motor vehicles shall be	1838
allowed a fee of not to exceed thirty-five dollars, which shall be	1839
in addition to the regular license fee for tags as prescribed	1840
under section 4503.04 of the Revised Code and any tax levied under	1841
section 4504.02 or 4504.06 of the Revised Code, for each	1842
application received by the registrar for special reserved license	1843
plate numbers containing more than three letters or numerals, and	1844
the issuing of such licenses and validation stickers in the	1845
several series as the registrar may designate. Five dollars of the	1846
fee shall be for the purpose of compensating the bureau of motor	1847
vehicles for additional services required in the issuing of such	1848
licenses and validation stickers, and the remaining thirty dollars	1849
shall be transmitteddeposited by the registrar to the treasurer	1850
of state for deposit in the highway operatinginto the state	1851
treasury to the credit of the state highway safety fund created by	1852
section 5735.2914501.06 of the Revised Code.	1853

This section does not apply to the issuance of reserved	1854
license plates as authorized by sections 4503.14, 4503.15, and	1855
4503.40 of the Revised Code. The types of motor vehicles for which	1856
license plate numbers containing more than three letters or	1857
numerals may be issued in accordance with this section shall	1858
include at least buses, passenger cars, and noncommercial motor	1859
vehicles.	1860

Sec. 4503.85. (A) The owner or lessee of any passenger car,	1861
noncommercial motor vehicle, motor home, or other vehicle of a	1862
class approved by the registrar of motor vehicles may apply to the	1863
registrar for the registration of the vehicle and issuance of	1864
"Fish Lake Erie" license plates. The application for "Fish Lake	1865
Erie" license plates may be combined with a request for a special	1866
reserved license plate under section 4503.40 or 4503.42 of the	1867
Revised Code. Upon receipt of the completed application and	1868
compliance with division (B) of this section, the registrar shall	1869
issue to the applicant the appropriate vehicle registration, a set	1870
of "Fish Lake Erie" license plates, and a validation sticker, or a	1871
validation sticker alone when required by section 4503.191 of the	1872
Revised Code.	1873

In addition to the letters and numbers ordinarily inscribed	1874
on the license plates, "Fish Lake Erie" license plates shall be	1875
inscribed with identifying words or markings designed by the Ohio	1876
sea grant college program and approved by the registrar. "Fish	1877
Lake Erie" license plates shall bear county identification	1878
stickers that identify the county of registration by name or	1879
number.	1880

(B) "Fish Lake Erie" license plates and a validation sticker	1881
or, when applicable, a validation sticker alone shall be issued	1882
upon receipt of an application for registration of a motor vehicle	1883
submitted under this section and a contribution as provided in	1884
division (C) of this section, payment of the regular license tax	1885
as prescribed under section 4503.04 of the Revised Code, any	1886
applicable motor vehicle tax levied under Chapter 4504. of the	1887
Revised Code, and an additional fee of ten dollars, and compliance	1888
with all other applicable laws relating to the registration of	1889
motor vehicles. If the application for "Fish Lake Erie" license	1890
plates is combined with a request for a special reserved license	1891
plate under section 4503.40 or 4503.42 of the Revised Code, the	1892
license plates and validation sticker or validation sticker alone	1893
shall be issued upon payment of the fees and taxes referred to or	1894
established in this division plus the additional fee prescribed in	1895
section 4503.40 or 4503.42 of the Revised Code.	1896

(C) For each application for registration and registration	1897
renewal that the registrar receives under this section, the	1898
registrar shall collect a contribution of fifteen dollars. The	1899
registrar shall deposit this contribution into the state treasury	1900
to the credit of the license plate contribution fund created in	1901
section 4501.21 of the Revised Code.	1902

The additional fee of ten dollars described in division (B)	1903
of this section shall be for the purpose of compensating the	1904
bureau of motor vehicles for additional services required in	1905
issuing license plates under this section. The registrar shall	1906
deposit that fee into the state treasury to the credit of the	1907
state bureau of motor vehicles fund created by section 4501.25 of	1908
the Revised Code.	1909

Sec. 4504.02.  For the purpose of paying the costs of	1910
enforcing and administering the tax provided for in this section;	1911
and for planning, constructing, improving, maintaining, and	1912
repairing public roads, highways, and streets; maintaining and	1913
repairing bridges and viaducts; paying the county's portion of the	1914
costs and expenses of cooperating with the department of	1915
transportation in the planning, improvement, and construction of	1916
state highways; paying the county's portion of the compensation,	1917
damages, cost, and expenses of planning, constructing,	1918
reconstructing, improving, maintaining, and repairing roads;	1919
paying any costs apportioned to the county under section 4907.47	1920
of the Revised Code; paying debt service charges on notes or bonds	1921
of the county issued for such purposes; paying all or part of the	1922
costs and expenses of municipal corporations in planning,	1923
constructing, reconstructing, improving, maintaining, and	1924
repairing highways, roads, and streets designated as necessary or	1925
conducive to the orderly and efficient flow of traffic within and	1926
through the county pursuant to section 4504.03 of the Revised	1927
Code; purchasing, erecting, and maintaining street and traffic	1928
signs and markers; purchasing, erecting, and maintaining traffic	1929
lights and signals; and to supplement revenue already available	1930
for such purposes, any county by resolution adopted by its board	1931
of county commissioners may levy an annual license tax, in	1932
addition to the tax levied by sections 4503.02, 4503.07, and	1933
4503.18 of the Revised Code, upon the operation of motor vehicles	1934
on the public roads or highways. Such tax shall be at the rate of	1935
five dollars per motor vehicle on all motor vehicles the district	1936
of registration of which, as defined in section 4503.10 of the	1937
Revised Code, is located in the county levying the tax and shall	1938
be in addition to the taxes at the rates specified in sections	1939
4503.04 and 4503.16 of the Revised Code, subject to reductions in	1940
the manner provided in section 4503.11 of the Revised Code and the	1941
exemptions provided in sections 4503.16, 4503.17, 4503.171,	1942
4503.173, 4503.41, and 4503.43, and 4503.46 of the Revised Code.	1943

Prior to the adoption of any resolution levying a county	1944
motor vehicle license taxunder this section, the board of county	1945
commissioners shall conduct two public hearings thereon, the	1946
second hearing to be not less than three nor more than ten days	1947
after the first. Notice of the date, time, and place of such	1948
hearings shall be given by publication in a newspaper of general	1949
circulation in the county once a week on the same day of the week	1950
for two consecutive weeks, the second publication being not less	1951
than ten nor more than thirty days prior to the first hearing.	1952

No resolution levying a county motor vehicle license tax	1953
under this section shall become effective sooner than thirty days	1954
following its adoption, and such resolution is subject to a	1955
referendum as provided in sections 305.31 to 305.41 of the Revised	1956
Code, unless such resolution is adopted as an emergency measure	1957
necessary for the immediate preservation of the public peace,	1958
health, or safety, in which case it shall go into immediate	1959
effect. Such emergency measure must receive an affirmative vote of	1960
all of the members of the board of county commissioners, and shall	1961
state the reasons for such necessity. A resolution may direct the	1962
board of elections to submit the question of levying the tax to	1963
the electors of the county at the next primary or general election	1964
in the county occurring not less than seventy-five days after such	1965
resolution is certified to the board; no such resolution shall go	1966
into effect unless approved by a majority of those voting upon it.	1967

Sec. 4504.15.  For the purpose of paying the costs of	1968
enforcing and administering the tax provided for in this section;	1969
for the various purposes stated in section 4504.02 of the Revised	1970
Code; and to supplement revenue already available for those	1971
purposes, any county may, by resolution adopted by its board of	1972
county commissioners, levy an annual license tax, that shall be in	1973
addition to the tax levied by sections 4503.02, 4503.07, and	1974
4503.18 of the Revised Code, upon the operation of motor vehicles	1975
upon the public roads and highways. The tax shall be at the rate	1976
of five dollars per motor vehicle on all motor vehicles the	1977
district of registration of which, as defined in section 4503.10	1978
of the Revised Code, is located in the county levying the tax but	1979
is not located within any municipal corporation levying the tax	1980
authorized by section 4504.17 of the Revised Code, and shall be in	1981
addition to the taxes at the rates specified in sections 4503.04	1982
and 4503.16 of the Revised Code, subject to reductions in the	1983
manner provided in section 4503.11 of the Revised Code and the	1984
exemptions provided in sections 4503.16, 4503.17, 4503.171,	1985
4503.41, and 4503.43 of the Revised Code.	1986

Prior to the adoption of any resolution levying a county	1987
motor vehicle license tax under this section, the board of county	1988
commissioners shall conduct two public hearings thereon, the	1989
second hearing to be not less than three nor more than ten days	1990
after the first. Notice of the date, time, and place of such	1991
hearings shall be given by publication in a newspaper of general	1992
circulation in the county once a week for two consecutive weeks,	1993
the second publication being not less than ten nor more than	1994
thirty days prior to the first hearing.	1995

No resolution levying a county motor vehicle license tax	1996
under this section shall become effective sooner than thirty days	1997
following its adoption, and such resolution is subject to a	1998
referendum as provided in sections 305.31 to 305.41 of the Revised	1999
Code, unless the resolution is adopted as an emergency measure	2000
necessary for the immediate preservation of the public peace,	2001
health, or safety, in which case it shall go into immediate	2002
effect. The emergency measure must receive an affirmative vote of	2003
all of the members of the board of county commissioners, and shall	2004
state the reasons for the necessity. A resolution may direct the	2005
board of elections to submit the question of levying the tax to	2006
the electors of the county at the next primary or general election	2007
occurring not less than seventy-five days after the resolution is	2008
certified to the board; no such resolution shall go into effect	2009
unless approved by a majority of those voting upon it. A county is	2010
not required to enact the tax authorized by section 4504.02 of the	2011
Revised Code in order to levy the tax authorized by this section,	2012
but no county may have in effect the tax authorized by this	2013
section if it repeals the tax authorized by section 4504.02 of the	2014
Revised Code after April 1, 1987.	2015

Sec. 4504.16.  For the purpose of paying the costs of	2016
enforcing and administering the tax provided for in this section;	2017
for the various purposes stated in section 4504.02 of the Revised	2018
Code; and to supplement revenue already available for those	2019
purposes, any county that currently levies the tax authorized by	2020
section 4504.15 of the Revised Code may, by resolution adopted by	2021
its board of county commissioners, levy an annual license tax,	2022
that shall be in addition to the tax levied by that section and by	2023
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	2024
the operation of motor vehicles upon the public roads and	2025
highways. The tax shall be at the rate of five dolarsdollars per	2026
motor vehicle on all motor vehicles the district of registration	2027
of which, as defined in section 4503.10 of the Revised Code, is	2028
located in the county levying the tax but is not located within	2029
any municipal corporation levying the tax authorized by section	2030
4504.171 of the Revised Code, and shall be in addition to the	2031
taxes at the rates specified in sections 4503.04 and 4503.16 of	2032
the Revised Code, subject to reductions in the manner provided in	2033
section 4503.11 of the Revised Code and the exemptions provided in	2034
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	2035
Revised Code.	2036

Prior to the adoption of any resolution levying a county	2037
motor vehicle license tax under this section, the board of county	2038
commissioners shall conduct two public hearings thereon, the	2039
second hearing to be not less than three nor more than ten days	2040
after the first. Notice of the date, time, and place of such	2041
hearings shall be given by publication in a newspaper of general	2042
circulation in the county once a week for two consecutive weeks,	2043
the second publication being not less than ten nor more than	2044
thirty days prior to the first hearing.	2045

No resolution levying a county motor vehicle license tax	2046
under this section shall become effective sooner than thirty days	2047
following its adoption, and such resolution is subject to a	2048
referendum as provided in sections 305.31 to 305.41 of the Revised	2049
Code, unless the resolution is adopted as an emergency measure	2050
necessary for the immediate preservation of the public peace,	2051
health, or safety, in which case it shall go into immediate	2052
effect. The emergency measure must receive an affirmative vote of	2053
all of the members of the board of county commissioners, and shall	2054
state the reasons for the necessity. A resolution may direct the	2055
board of elections to submit the question of levying the tax to	2056
the electors of the county at the next primary or general election	2057
occurring not less than seventy-five days after the resolution is	2058
certified to the board; no such resolution shall go into effect	2059
unless approved by a majority of those voting upon it.	2060

Nothing in this section or in section 4504.15 of the Revised	2061
Code shall be interpreted as preventing a county from levying the	2062
county motor vehicle license taxes authorized by such sections in	2063
a single resolution.	2064

Sec. 4504.18.  For the purpose of paying the costs and	2065
expenses of enforcing and administering the tax provided for in	2066
this section; for the construction, reconstruction, improvement,	2067
maintenance, and repair of township roads, bridges, and culverts;	2068
for purchasing, erecting, and maintaining traffic signs, markers,	2069
lights, and signals; for purchasing road machinery and equipment,	2070
and planning, constructing, and maintaining suitable buildings to	2071
house such equipment; for paying any costs apportioned to the	2072
township under section 4907.47 of the Revised Code; and to	2073
supplement revenue already available for such purposes, the board	2074
of township trustees may levy an annual license tax, in addition	2075
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the	2076
Revised Code, upon the operation of motor vehicles on the public	2077
roads and highways in the unincorporated territory of the	2078
township. The tax shall be at the rate of five dollars per motor	2079
vehicle on all motor vehicles the owners of which reside in the	2080
unincorporated area of the township and shall be in addition to	2081
the taxes at the rates specified in sections 4503.04 and 4503.16	2082
of the Revised Code, subject to reductions in the manner provided	2083
in section 4503.11 of the Revised Code and the exemptions provided	2084
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of	2085
the Revised Code.	2086

Prior to the adoption of any resolution levying a township	2087
motor vehicle license tax under this section, the board of	2088
township trustees shall conduct two public hearings thereon, the	2089
second hearing to be not less than three nor more than ten days	2090
after the first. Notice of the date, time, and place of such	2091
hearings shall be given by publication in a newspaper of general	2092
circulation in the township once a week on the same day of the	2093
week for two consecutive weeks, the second publication being not	2094
less than ten nor more than thirty days prior to the first	2095
hearing.	2096

No resolution levying a township motor vehicle license tax	2097
under this section shall become effective sooner than thirty days	2098
following its adoption, and such resolution is subject to a	2099
referendum in the same manner, except as to the form of the	2100
petition, as provided in division (H) of section 519.12 of the	2101
Revised Code for a proposed amendment to a township zoning	2102
resolution. In addition, a petition under this section shall be	2103
governed by the rules specified in section 3501.38 of the Revised	2104
Code. No resolution levying a tax under this section for which a	2105
referendum vote has been requested shall go into effect unless	2106
approved by a majority of those voting upon it.	2107

A township license tax levied under this section shall	2108
continue in effect until repealed.	2109

Sec. 4505.021. The owner of a motor vehicle shall apply for	2110
a certificate of title for the vehicle when required by this	2111
chapter, but, except as otherwise specifically required in this	2112
chapter, the owner may elect whether or not to have the clerk of	2113
the court of common pleas to whom the certificate of title	2114
application is submitted issue a physical certificate of title for	2115
the motor vehicle, as provided in section 4505.08 of the Revised	2116
Code. In the case of a title application that is submitted	2117
electronically to the clerk, the clerk shall issue an electronic	2118
certificate of title unless the applicant requests the issuance of	2119
a physical certificate of title.	2120

Except as otherwise specifically provided in this chapter,	2121
any provision of this chapter relating to the cancellation,	2122
issuance, or surrender of a certificate of title, including, but	2123
not limited to, provisions that contain a phrase such as "when a	2124
certificate of title is issued," "the clerk shall issue a	2125
certificate of title," or "the person shall obtain a certificate	2126
of title to the motor vehicle," or another phrase of similar	2127
import, shall include those circumstances when a clerk enters	2128
certificate of title information into the automated title	2129
processing system, but does not take any further action relating	2130
to a physical certificate of title for the motor vehicle.	2131

Sec. 4505.031.  (A) No minor under eighteen years of age	2132
shall sell or otherwise dispose of a motor vehicle or purchase or	2133
otherwise acquire a motor vehicle unless the application for a	2134
certificate of title is accompanied by a form prescribed by the	2135
registrar of motor vehicles and signed in the presence of a clerk	2136
or deputy clerk of a court of common pleas or any notary public by	2137
one of the minor's parents, histhe minor's guardian, or other	2138
person having custody of the minor authorizing the sale,	2139
disposition, purchase, or acquisition of the motor vehicle. At	2140

(B) At the time the application for certificate of title is	2141
submitted, the adult who signedsigns the form authorizing the	2142
sale, disposition, purchase, or acquisition of the motor vehicle	2143
by the minor shall be present and, the adult shall provide	2144
identification establishing that hethe adult is the individual	2145
whose signature appears on the form. The registrar shall	2146
prescribe, by rule, the types of identification that are	2147
acceptable for the purposes of this section. If the adult who	2148
signed the form does not provide identification as required by	2149
this section, the application shall be refused.	2150

(C)(B) No right, title, claim to or interest in a motor	2151
vehicle shall be acquired by or from a minor unless the	2152
application for a certificate of title is accompanied by the form	2153
required by this section.	2154

(D)(C) No clerk of a court of common pleas shall be held	2155
liable in any civil action that arises under the law of this state	2156
for injury or loss to persons or property caused when a person has	2157
obtained a certificate of title in violation of this section,	2158
unless the clerk failed to use reasonable diligence in	2159
ascertaining the age of the minor or the identity of the adult who	2160
signed the form authorizing the sale, disposition, purchase, or	2161
acquisition of the motor vehicle by the minor.	2162

Sec. 4505.032. (A)(1) If a person who is not an electronic	2163
motor vehicle dealer owns a motor vehicle for which a physical	2164
certificate of title has not been issued by a clerk of a court of	2165
common pleas and the person sells the motor vehicle to a motor	2166
vehicle dealer licensed under Chapter 4517. of the Revised Code,	2167
the person is not required to obtain a physical certificate of	2168
title to the motor vehicle in order to transfer ownership to the	2169
dealer. The person shall present the dealer, in a manner approved	2170
by the registrar of motor vehicles, with sufficient proof of the	2171
person's identity and complete and sign a form prescribed by the	2172
registrar attesting to the person's identity and assigning the	2173
motor vehicle to the dealer. Except as otherwise provided in this	2174
section, the motor vehicle dealer shall present the assignment	2175
form to any clerk of a court of common pleas together with an	2176
application for a certificate of title and payment of the fees	2177
prescribed by section 4505.09 of the Revised Code.	2178

In a case in which a person who is the owner of a motor	2179
vehicle for which a physicalan electronic certificate of title	2180
has not been issued assignsand either the buyer or seller of the	2181
motor vehicle tois an electronic motor vehicle dealer, the	2182
electronic motor vehicle dealer instead may inform a clerk of a	2183
court of common pleas via electronic means of the sale of the	2184
motor vehicle and assignment of ownership of the vehicle to the	2185
dealer. The clerk shall enter the information relating to the	2186
assignment, including, but not limited to, the odometer disclosure	2187
statement required by section 4505.06 of the Revised Code, into	2188
the automated title processing system, and ownership of the	2189
vehicle passes to the dealerapplicant when the clerk enters this	2190
information into the system. The dealer is not required to obtain	2191
a physical certificate of title to the vehicle in the dealer's	2192
name.	2193

(2) A clerk shall charge and collect from a dealer a fee of	2194
five dollars for each motor vehicle assigned toassignment sent by	2195
the dealer to the clerk under division (A)(1) of this section. The	2196
fee shall be distributed in accordance with section 4505.09 of the	2197
Revised Code.	2198

(B) If a person who is not an electronic motor vehicle dealer	2199
owns a motor vehicle for which a physical certificate of title has	2200
not been issued by a clerk of a court of common pleas and the	2201
person sells the motor vehicle to a person who is not a motor	2202
vehicle dealer licensed under Chapter 4517. of the Revised Code,	2203
the person shall obtain a physical certificate of title to the	2204
motor vehicle in order to transfer ownership of the vehicle to	2205
that person.	2206

Sec. 4505.06.  (A)(1) Application for a certificate of title	2207
shall be made in a form prescribed by the registrar of motor	2208
vehicles and shall be sworn to before a notary public or other	2209
officer empowered to administer oaths. The application shall be	2210
filed with the clerk of any court of common pleas. An application	2211
for a certificate of title may be filed electronically by any	2212
electronic means approved by the registrar in any county with the	2213
clerk of the court of common pleas of that county. Any payments	2214
required by this chapter shall be considered as accompanying any	2215
electronically transmitted application when payment actually is	2216
received by the clerk. Payment of any fee or taxes may be made by	2217
electronic transfer of funds.	2218

(2) The application for a certificate of title shall be	2219
accompanied by the fee prescribed in section 4505.09 of the	2220
Revised Code. The fee shall be retained by the clerk who issues	2221
the certificate of title and shall be distributed in accordance	2222
with that section. If a clerk of a court of common pleas, other	2223
than the clerk of the court of common pleas of an applicant's	2224
county of residence, issues a certificate of title to the	2225
applicant, the clerk shall transmit data related to the	2226
transaction to the automated title processing system.	2227

(3) If a certificate of title previously has been issued for	2228
a motor vehicle in this state, the application for a certificate	2229
of title also shall be accompanied by that certificate of title	2230
duly assigned, unless otherwise provided in this chapter. If a	2231
certificate of title previously has not been issued for the motor	2232
vehicle in this state, the application, unless otherwise provided	2233
in this chapter, shall be accompanied by a manufacturer's or	2234
importer's certificate or by a certificate of title of another	2235
state from which the motor vehicle was brought into this state. If	2236
the application refers to a motor vehicle last previously	2237
registered in another state, the application also shall be	2238
accompanied by the physical inspection certificate required by	2239
section 4505.061 of the Revised Code. If the application is made	2240
by two persons regarding a motor vehicle in which they wish to	2241
establish joint ownership with right of survivorship, they may do	2242
so as provided in section 2131.12 of the Revised Code. If the	2243
applicant requests a designation of the motor vehicle in	2244
beneficiary form so that upon the death of the owner of the motor	2245
vehicle, ownership of the motor vehicle will pass to a designated	2246
transfer-on-death beneficiary or beneficiaries, the applicant may	2247
do so as provided in section 2131.13 of the Revised Code. A person	2248
who establishes ownership of a motor vehicle that is transferable	2249
on death in accordance with section 2131.13 of the Revised Code	2250
may terminate that type of ownership or change the designation of	2251
the transfer-on-death beneficiary or beneficiaries by applying for	2252
a certificate of title pursuant to this section. The clerk shall	2253
retain the evidence of title presented by the applicant and on	2254
which the certificate of title is issued, except that, if an	2255
application for a certificate of title is filed electronically by	2256
an electronic motor vehicle dealer on behalf of the purchaser of a	2257
motor vehicle, the clerk shall retain the completed electronic	2258
record to which the dealer converted the certificate of title	2259
application and other required documents. The registrar, after	2260
consultation with the attorney general, shall adopt rules that	2261
govern the location at which, and the manner in which, are stored	2262
the actual application and all other documents relating to the	2263
sale of a motor vehicle when an electronic motor vehicle dealer	2264
files the application for a certificate of title electronically on	2265
behalf of the purchaser.	2266

The clerk shall use reasonable diligence in ascertaining	2267
whether or not the facts in the application for a certificate of	2268
title are true by checking the application and documents	2269
accompanying it or the electronic record to which a dealer	2270
converted the application and accompanying documents with the	2271
records of motor vehicles in the clerk's office. If the clerk is	2272
satisfied that the applicant is the owner of the motor vehicle and	2273
that the application is in the proper form, the clerk, within five	2274
business days after the application is filed and except as	2275
provided in section 4505.021 of the Revised Code, shall issue a	2276
physical certificate of title over the clerk's signature and	2277
sealed with the clerk's seal, unless the applicant specifically	2278
requests the clerk not to issue a physical certificate of title	2279
and instead to issue an electronic certificate of title. For	2280
purposes of the transfer of a certificate of title, if the clerk	2281
is satisfied that the secured party has duly discharged a lien	2282
notation but has not canceled the lien notation with a clerk, the	2283
clerk may cancel the lien notation on the automated title	2284
processing system and notify the clerk of the county of origin.	2285

(4) In the case of the sale of a motor vehicle to a general	2286
buyer or user by a dealer, by a motor vehicle leasing dealer	2287
selling the motor vehicle to the lessee or, in a case in which the	2288
leasing dealer subleased the motor vehicle, the sublessee, at the	2289
end of the lease agreement or sublease agreement, or by a	2290
manufactured home broker, the certificate of title shall be	2291
obtained in the name of the buyer by the dealer, leasing dealer,	2292
or manufactured home broker, as the case may be, upon application	2293
signed by the buyer. The certificate of title shall be issued, or	2294
the process of entering the certificate of title application	2295
information into the automated title processing system if a	2296
physical certificate of title is not to be issued shall be	2297
completed, within five business days after the application for	2298
title is filed with the clerk. If the buyer of the motor vehicle	2299
previously leased the motor vehicle and is buying the motor	2300
vehicle at the end of the lease pursuant to that lease, the	2301
certificate of title shall be obtained in the name of the buyer by	2302
the motor vehicle leasing dealer who previously leased the motor	2303
vehicle to the buyer or by the motor vehicle leasing dealer who	2304
subleased the motor vehicle to the buyer under a sublease	2305
agreement.	2306

In all other cases, except as provided in section 4505.032	2307
and division (D)(2) of section 4505.11 of the Revised Code, such	2308
certificates shall be obtained by the buyer.	2309

(5)(a)(i) If the certificate of title is being obtained in	2310
the name of the buyer by a motor vehicle dealer or motor vehicle	2311
leasing dealer and there is a security interest to be noted on the	2312
certificate of title, the dealer or leasing dealer shall submit	2313
the application for the certificate of title and payment of the	2314
applicable tax to a clerk within seven business days after the	2315
later of the delivery of the motor vehicle to the buyer or the	2316
date the dealer or leasing dealer obtains the manufacturer's or	2317
importer's certificate, or certificate of title issued in the name	2318
of the dealer or leasing dealer, for the motor vehicle. Submission	2319
of the application for the certificate of title and payment of the	2320
applicable tax within the required seven business days may be	2321
indicated by postmark or receipt by a clerk within that period.	2322

(ii) Upon receipt of the certificate of title with the	2323
security interest noted on its face, the dealer or leasing dealer	2324
shall forward the certificate of title to the secured party at the	2325
location noted in the financing documents or otherwise specified	2326
by the secured party.	2327

(iii) A motor vehicle dealer or motor vehicle leasing dealer	2328
is liable to a secured party for a late fee of ten dollars per day	2329
for each certificate of title application and payment of the	2330
applicable tax that is submitted to a clerk more than seven	2331
business days but less than twenty-one days after the later of the	2332
delivery of the motor vehicle to the buyer or the date the dealer	2333
or leasing dealer obtains the manufacturer's or importer's	2334
certificate, or certificate of title issued in the name of the	2335
dealer or leasing dealer, for the motor vehicle and, from then on,	2336
twenty-five dollars per day until the application and applicable	2337
tax are submitted to a clerk.	2338

(b) In all cases of transfer of a motor vehicle, the	2339
application for certificate of title shall be filed within thirty	2340
days after the assignment or delivery of the motor vehicle. If an	2341
application for a certificate of title is not filed within the	2342
period specified in division (A)(5)(b) of this section, the clerk	2343
shall collect a fee of five dollars for the issuance of the	2344
certificate, except that no such fee shall be required from a	2345
motor vehicle salvage dealer, as defined in division (A) of	2346
section 4738.01 of the Revised Code, who immediately surrenders	2347
the certificate of title for cancellation. The fee shall be in	2348
addition to all other fees established by this chapter, and shall	2349
be retained by the clerk. The registrar shall provide, on the	2350
certificate of title form prescribed by section 4505.07 of the	2351
Revised Code, language necessary to give evidence of the date on	2352
which the assignment or delivery of the motor vehicle was made.	2353

(6) As used in division (A) of this section, "lease	2354
agreement," "lessee," and "sublease agreement" have the same	2355
meanings as in section 4505.04 of the Revised Code.	2356

(B) The clerk, except as provided in this section, shall	2357
refuse to accept for filing any application for a certificate of	2358
title and shall refuse to issue a certificate of title unless the	2359
dealer or manufactured home broker or the applicant, in cases in	2360
which the certificate shall be obtained by the buyer, submits with	2361
the application payment of the tax levied by or pursuant to	2362
Chapters 5739. and 5741. of the Revised Code based on the	2363
purchaser's county of residence. Upon payment of the tax in	2364
accordance with division (E) of this section, the clerk shall	2365
issue a receipt prescribed by the registrar and agreed upon by the	2366
tax commissioner showing payment of the tax or a receipt issued by	2367
the commissioner showing the payment of the tax. When submitting	2368
payment of the tax to the clerk, a dealer shall retain any	2369
discount to which the dealer is entitled under section 5739.12 of	2370
the Revised Code.	2371

For receiving and disbursing such taxes paid to the clerk by	2372
a resident of the clerk's county, the clerk may retain a poundage	2373
fee of one and one one-hundredth per cent, and the clerk shall pay	2374
the poundage fee into the certificate of title administration fund	2375
created by section 325.33 of the Revised Code. The clerk shall not	2376
retain a poundage fee from payments of taxes by persons who do not	2377
reside in the clerk's county.	2378

A clerk, however, may retain from the taxes paid to the clerk	2379
an amount equal to the poundage fees associated with certificates	2380
of title issued by other clerks of courts of common pleas to	2381
applicants who reside in the first clerk's county. The registrar,	2382
in consultation with the tax commissioner and the clerks of the	2383
courts of common pleas, shall develop a report from the automated	2384
title processing system that informs each clerk of the amount of	2385
the poundage fees that the clerk is permitted to retain from those	2386
taxes because of certificates of title issued by the clerks of	2387
other counties to applicants who reside in the first clerk's	2388
county.	2389

In the case of casual sales of motor vehicles, as defined in	2390
section 4517.01 of the Revised Code, the price for the purpose of	2391
determining the tax shall be the purchase price on the assigned	2392
certificate of title executed by the seller and filed with the	2393
clerk by the buyer on a form to be prescribed by the registrar,	2394
which shall be prima-facie evidence of the amount for the	2395
determination of the tax.	2396

(C)(1) If the transferor indicates on the certificate of	2397
title that the odometer reflects mileage in excess of the designed	2398
mechanical limit of the odometer, the clerk shall enter the phrase	2399
"exceeds mechanical limits" following the mileage designation. If	2400
the transferor indicates on the certificate of title that the	2401
odometer reading is not the actual mileage, the clerk shall enter	2402
the phrase "nonactual: warning - odometer discrepancy" following	2403
the mileage designation. The clerk shall use reasonable care in	2404
transferring the information supplied by the transferor, but is	2405
not liable for any errors or omissions of the clerk or those of	2406
the clerk's deputies in the performance of the clerk's duties	2407
created by this chapter.	2408

The registrar shall prescribe an affidavit in which the	2409
transferor shall swear to the true selling price and, except as	2410
provided in this division, the true odometer reading of the motor	2411
vehicle. The registrar may prescribe an affidavit in which the	2412
seller and buyer provide information pertaining to the odometer	2413
reading of the motor vehicle in addition to that required by this	2414
section, as such information may be required by the United States	2415
secretary of transportation by rule prescribed under authority of	2416
subchapter IV of the "Motor Vehicle Information and Cost Savings	2417
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	2418

(2) Division (C)(1) of this section does not require the	2419
giving of information concerning the odometer and odometer reading	2420
of a motor vehicle when ownership of a motor vehicle is being	2421
transferred as a result of a bequest, under the laws of intestate	2422
succession, to a survivor pursuant to section 2106.18, 2131.12, or	2423
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	2424
beneficiaries pursuant to section 2131.13 of the Revised Code, in	2425
connection with the creation of a security interest or for a	2426
vehicle with a gross vehicle weight rating of more than sixteen	2427
thousand pounds.	2428

(D) When the transfer to the applicant was made in some other	2429
state or in interstate commerce, the clerk, except as provided in	2430
this section, shall refuse to issue any certificate of title	2431
unless the tax imposed by or pursuant to Chapter 5741. of the	2432
Revised Code based on the purchaser's county of residence has been	2433
paid as evidenced by a receipt issued by the tax commissioner, or	2434
unless the applicant submits with the application payment of the	2435
tax. Upon payment of the tax in accordance with division (E) of	2436
this section, the clerk shall issue a receipt prescribed by the	2437
registrar and agreed upon by the tax commissioner, showing payment	2438
of the tax.	2439

For receiving and disbursing such taxes paid to the clerk by	2440
a resident of the clerk's county, the clerk may retain a poundage	2441
fee of one and one one-hundredth per cent. The clerk shall not	2442
retain a poundage fee from payments of taxes by persons who do not	2443
reside in the clerk's county.	2444

A clerk, however, may retain from the taxes paid to the clerk	2445
an amount equal to the poundage fees associated with certificates	2446
of title issued by other clerks of courts of common pleas to	2447
applicants who reside in the first clerk's county. The registrar,	2448
in consultation with the tax commissioner and the clerks of the	2449
courts of common pleas, shall develop a report from the automated	2450
title processing system that informs each clerk of the amount of	2451
the poundage fees that the clerk is permitted to retain from those	2452
taxes because of certificates of title issued by the clerks of	2453
other counties to applicants who reside in the first clerk's	2454
county.	2455

When the vendor is not regularly engaged in the business of	2456
selling motor vehicles, the vendor shall not be required to	2457
purchase a vendor's license or make reports concerning those	2458
sales.	2459

(E) The clerk shall accept any payment of a tax in cash, or	2460
by cashier's check, certified check, draft, money order, or teller	2461
check issued by any insured financial institution payable to the	2462
clerk and submitted with an application for a certificate of title	2463
under division (B) or (D) of this section. The clerk also may	2464
accept payment of the tax by corporate, business, or personal	2465
check, credit card, electronic transfer or wire transfer, debit	2466
card, or any other accepted form of payment made payable to the	2467
clerk. The clerk may require bonds, guarantees, or letters of	2468
credit to ensure the collection of corporate, business, or	2469
personal checks. Any service fee charged by a third party to a	2470
clerk for the use of any form of payment may be paid by the clerk	2471
from the certificate of title administration fund created in	2472
section 325.33 of the Revised Code, or may be assessed by the	2473
clerk upon the applicant as an additional fee. Upon collection,	2474
the additional fees shall be paid by the clerk into that	2475
certificate of title administration fund.	2476

The clerk shall make a good faith effort to collect any	2477
payment of taxes due but not made because the payment was returned	2478
or dishonored, but the clerk is not personally liable for the	2479
payment of uncollected taxes or uncollected fees. The clerk shall	2480
notify the tax commissioner of any such payment of taxes that is	2481
due but not made and shall furnish the information to the	2482
commissioner that the commissioner requires. The clerk shall	2483
deduct the amount of taxes due but not paid from the clerk's	2484
periodic remittance of tax payments, in accordance with procedures	2485
agreed upon by the tax commissioner. The commissioner may collect	2486
taxes due by assessment in the manner provided in section 5739.13	2487
of the Revised Code.	2488

Any person who presents payment that is returned or	2489
dishonored for any reason is liable to the clerk for payment of a	2490
penalty over and above the amount of the taxes due. The clerk	2491
shall determine the amount of the penalty, and the penalty shall	2492
be no greater than that amount necessary to compensate the clerk	2493
for banking charges, legal fees, or other expenses incurred by the	2494
clerk in collecting the returned or dishonored payment. The	2495
remedies and procedures provided in this section are in addition	2496
to any other available civil or criminal remedies. Subsequently	2497
collected penalties, poundage fees, and title fees, less any title	2498
fee due the state, from returned or dishonored payments collected	2499
by the clerk shall be paid into the certificate of title	2500
administration fund. Subsequently collected taxes, less poundage	2501
fees, shall be sent by the clerk to the treasurer of state at the	2502
next scheduled periodic remittance of tax payments, with	2503
information as the commissioner may require. The clerk may abate	2504
all or any part of any penalty assessed under this division.	2505

(F) In the following cases, the clerk shall accept for filing	2506
an application and shall issue a certificate of title without	2507
requiring payment or evidence of payment of the tax:	2508

(1) When the purchaser is this state or any of its political	2509
subdivisions, a church, or an organization whose purchases are	2510
exempted by section 5739.02 of the Revised Code;	2511

(2) When the transaction in this state is not a retail sale	2512
as defined by section 5739.01 of the Revised Code;	2513

(3) When the purchase is outside this state or in interstate	2514
commerce and the purpose of the purchaser is not to use, store, or	2515
consume within the meaning of section 5741.01 of the Revised Code;	2516

(4) When the purchaser is the federal government;

2517

(5) When the motor vehicle was purchased outside this state	2518
for use outside this state;	2519

(6) When the motor vehicle is purchased by a nonresident of	2520
this state for immediate removal from this state, and will be	2521
permanently titled and registered in another state, as provided by	2522
division (B)(23) of section 5739.02 of the Revised Code, and upon	2523
presentation of a copy of the affidavit provided by that section,	2524
and a copy of the exemption certificate provided by section	2525
5739.03 of the Revised Code.	2526

The clerk shall forward all payments of taxes, less poundage	2527
fees, to the treasurer of state in a manner to be prescribed by	2528
the tax commissioner and shall furnish information to the	2529
commissioner as the commissioner requires.	2530

(G) An application, as prescribed by the registrar and agreed	2531
to by the tax commissioner, shall be filled out and sworn to by	2532
the buyer of a motor vehicle in a casual sale. The application	2533
shall contain the following notice in bold lettering: "WARNING TO	2534
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	2535
law to state the true selling price. A false statement is in	2536
violation of section 2921.13 of the Revised Code and is punishable	2537
by six months' imprisonment or a fine of up to one thousand	2538
dollars, or both. All transfers are audited by the department of	2539
taxation. The seller and buyer must provide any information	2540
requested by the department of taxation. The buyer may be assessed	2541
any additional tax found to be due."	2542

(H) For sales of manufactured homes or mobile homes occurring	2543
on or after January 1, 2000, the clerk shall accept for filing,	2544
pursuant to Chapter 5739. of the Revised Code, an application for	2545
a certificate of title for a manufactured home or mobile home	2546
without requiring payment of any tax pursuant to section 5739.02,	2547
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	2548
issued by the tax commissioner showing payment of the tax. For	2549
sales of manufactured homes or mobile homes occurring on or after	2550
January 1, 2000, the applicant shall pay to the clerk an	2551
additional fee of five dollars for each certificate of title	2552
issued by the clerk for a manufactured or mobile home pursuant to	2553
division (H) of section 4505.11 of the Revised Code and for each	2554
certificate of title issued upon transfer of ownership of the	2555
home. The clerk shall credit the fee to the county certificate of	2556
title administration fund, and the fee shall be used to pay the	2557
expenses of archiving those certificates pursuant to division (A)	2558
of section 4505.08 and division (H)(3) of section 4505.11 of the	2559
Revised Code. The tax commissioner shall administer any tax on a	2560
manufactured or mobile home pursuant to Chapters 5739. and 5741.	2561
of the Revised Code.	2562

(I) Every clerk shall have the capability to transact by	2563
electronic means all procedures and transactions relating to the	2564
issuance of motor vehicle certificates of title that are described	2565
in the Revised Code as being accomplished by electronic means.	2566

Sec. 4505.08.  (A) When the clerk of a court of common pleas	2567
issues a physical certificate of title, the clerk shall issue the	2568
certificate of title on a form and in a manner prescribed by the	2569
registrar of motor vehicles. The clerk shall file a copy of the	2570
physical evidence for the creation of the certificate of title in	2571
a manner prescribed by the registrar. A clerk may retain digital	2572
images of documents used as evidence for issuance of a certificate	2573
of title. Certified printouts of documents retained as digital	2574
images shall have the same evidentiary value as the original	2575
physical documents. The record of the issuance of the certificate	2576
of title shall be maintained in the automated title processing	2577
system. The clerk shall sign and affix the clerk's seal to the	2578
original certificate of title and, if there are no liens on the	2579
motor vehicle, shall deliver the certificate to the applicant or	2580
the selling dealer. If there are one or more liens on the motor	2581
vehicle, the certificate of title shall be delivered to the holder	2582
of the first lien or the selling dealer, who shall deliver the	2583
certificate of title to the holder of the first lien.	2584

The registrar shall prescribe a uniform method of numbering	2585
certificates of title, and such numbering shall be in such manner	2586
that the county of issuance is indicated. The clerk shall assign	2587
numbers to certificates of title in the manner prescribed by the	2588
registrar. The clerk shall file all certificates of title	2589
according to rules to be prescribed by the registrar, and the	2590
clerk shall maintain in the clerk's office indexes for the	2591
certificates of title.	2592

The clerk need not retain on file any current certificates of	2593
title, current duplicate certificates of title, current memorandum	2594
certificates of title, or current salvage certificates of title,	2595
or supporting evidence of them covering any motor vehicle or	2596
manufactured or mobile home for a period longer than seven years	2597
after the date of its filing; thereafter, the documents and	2598
supporting evidence may be destroyed. The clerk need not retain on	2599
file any inactive records, including certificates of title,	2600
duplicate certificates of title, or memorandum certificates of	2601
title, or supporting evidence of them, including the electronic	2602
record described in division (A) of section 4505.06 of the Revised	2603
Code, covering any motor vehicle or manufactured or mobile home	2604
for a period longer than five years after the date of its filing;	2605
thereafter, the documents and supporting evidence may be	2606
destroyed.	2607

The automated title processing system shall contain all	2608
active records and an index of the active records, a record and	2609
index of all inactive titles for ten years, and a record and index	2610
of all inactive titles for manufactured and mobile homes for	2611
thirty years. If the clerk provides a written copy of any	2612
information contained in the database, the copy shall be	2613
considered the original for purposes of the clerk certifying the	2614
record of the information for use in any legal proceeding.	2615

(B)(1) If the clerk issues a certificate of title for a motor	2616
vehicle that was last previously registered in another state, the	2617
clerk shall record verbatim, where practicable, in the space on	2618
the title described in division (B)(19) of section 4505.07 of the	2619
Revised Code, the words that appear as a notation to the vehicle	2620
on the title issued by the previous state. These notations may	2621
include, but are not limited to, words to the effect that the	2622
vehicle was considered or was categorized by the state in which it	2623
was last previously registered to be a law enforcement vehicle or	2624
a taxicab or was once in a flood.	2625

(2) If the clerk, while issuing a certificate of title for a	2626
motor vehicle that was last previously registered in another	2627
state, receives information from the automated title processing	2628
system indicating that a title to the vehicle previously was	2629
issued by this state and that the previous title contained	2630
notations that appeared in the space described in division (B)(19)	2631
or (20) of section 4505.07 of the Revised Code, the clerk shall	2632
enter the notations that appeared on the previous certificate of	2633
title issued by this state on the new certificate of title in the	2634
space described in division (B)(19) or (20) of section 4505.07 of	2635
the Revised Code, irrespective of whether the notations appear on	2636
the certificate of title issued by the state in which the vehicle	2637
was last previously registered.	2638

(3) If the clerk, while issuing a certificate of title for a	2639
motor vehicle that was last previously registered in another	2640
state, receives information from the automated title processing	2641
system indicating that the vehicle was previously issued a title	2642
by this state and that the previous title bore the notation	2643
"REBUILT SALVAGE" as required by division (E) of section 4505.11	2644
of the Revised Code, or the previous title to the vehicle issued	2645
by this state was a salvage certificate of title, the clerk shall	2646
cause the certificate of title the clerk issues to bear the	2647
notation "REBUILT SALVAGE" in the location prescribed by the	2648
registrar pursuant to that division.	2649

(C) When the clerk issues a certificate of title for a motor	2650
vehicle that was last previously registered in this state and was	2651
a law enforcement vehicle or a taxicab or was once in a flood, the	2652
clerk shall record that information in the space on the title	2653
described in division (B)(20) of section 4505.07 of the Revised	2654
Code. The registrar, by rule, may prescribe any additional uses of	2655
or happenings to a motor vehicle that the registrar has reason to	2656
believe should be noted on the certificate of title as provided in	2657
this division.	2658

(D) The clerk shall use reasonable care in recording or	2659
entering onto titles the clerk issues any notation and information	2660
the clerk is required by divisions (B) and (C) of this section to	2661
record or enter and in causing the titles the clerk issues to bear	2662
any notation required by those divisions, but the clerk is not	2663
liable for any of the clerk's errors or omissions or those of the	2664
clerk's deputies, or the automated title processing system, in the	2665
performance of the duties imposed on the clerk by this section.	2666

(E) The clerk may issue a duplicate title, when duly applied	2667
for, of any title that has been destroyed as herein provided.	2668

(F) TheExcept as provided in section 4505.021 of the Revised	2669
Code, the clerk shall issue a physical certificate of title to an	2670
applicant unless the applicant specifically requests the clerk not	2671
to issue a physical certificate of title and instead to issue an	2672
electronic certificate of title. The fact that a physical	2673
certificate of title is not issued for a motor vehicle does not	2674
affect ownership of the vehicle. In that case, when the clerk	2675
completes the process of entering certificate of title application	2676
information into the automated title processing system, the effect	2677
of the completion of the process is the same as if the clerk	2678
actually issued a physical certificate of title for the motor	2679
vehicle.	2680

(G) An electronic motor vehicle dealer who applies for a	2681
certificate of title on behalf of a customer who purchases a motor	2682
vehicle from the dealer may print a non-negotiable evidence of	2683
ownership for the customer if the customer so requests. The	2684
authorization to print the non-negotiable evidence of ownership	2685
shall come from the clerk with whom the dealer makes application	2686
for the certificate of title for the customer, but the printing by	2687
the dealer does not create an agency relationship of any kind	2688
between the dealer and the clerk.	2689

(H) The owner of a motor vehicle may apply at any time to a	2690
clerk of a court of common pleas for a non-negotiable evidence of	2691
ownership for the motor vehicle.	2692

Sec. 4506.01.  As used in this chapter:

2693

(A) "Alcohol concentration" means the concentration of	2694
alcohol in a person's blood, breath, or urine. When expressed as a	2695
percentage, it means grams of alcohol per the following:	2696

(1) One hundred milliliters of whole blood, blood serum, or	2697
blood plasma;	2698

(2) Two hundred ten liters of breath;

2699

(3) One hundred milliliters of urine.

2700

(B) "School bus" has the same meaning as in section 4511.01	2701
of the Revised Code.	2702

(C) "Commercial driver's license" means a license issued in	2703
accordance with this chapter that authorizes an individual to	2704
drive a commercial motor vehicle.	2705

(D)(C) "Commercial driver license information system" means	2706
the information system established pursuant to the requirements of	2707
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	2708
3207-171, 49 U.S.C.A. App. 2701.	2709

(E)(D) Except when used in section 4506.25 of the Revised	2710
Code, "commercial motor vehicle" means any motor vehicle designed	2711
or used to transport persons or property that meets any of the	2712
following qualifications:	2713

(1) Any combination of vehicles with a combined gross vehicle	2714
weight rating of twenty-six thousand one pounds or more, provided	2715
the gross vehicle weight rating of the vehicle or vehicles being	2716
towed is in excess of ten thousand pounds;	2717

(2) Any single vehicle with a gross vehicle weight rating of	2718
twenty-six thousand one pounds or more, or any such vehicle towing	2719
a vehicle having a gross vehicle weight rating that is not in	2720
excess of ten thousand pounds;	2721

(3) Any single vehicle or combination of vehicles that is not	2722
a class A or class B vehicle, but that either is designed to	2723
transport sixteen or more passengers including the driver, or is	2724
placarded for hazardous materials;	2725

(4) Any school bus with a gross vehicle weight rating of less	2726
than twenty-six thousand one pounds that is designed to transport	2727
fewer than sixteen passengers including the driver;	2728

(5) Is transporting hazardous materials for which placarding	2729
is required by regulations adopted under the "Hazardous Materials	2730
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801under	2731
subpart F of 49 C.F.R. part 172, as amended;	2732

(6) Any single vehicle or combination of vehicles that is	2733
designed to be operated and to travel on a public street or	2734
highway and is considered by the federal highwaymotor carrier	2735
safety administration to be a commercial motor vehicle, including,	2736
but not limited to, a motorized crane, a vehicle whose function is	2737
to pump cement, a rig for drilling wells, and a portable crane.	2738

(F)(E) "Controlled substance" means all of the following:

2739

(1) Any substance classified as a controlled substance under	2740
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	2741
802(6), as amended;	2742

(2) Any substance included in schedules I through V of 21	2743
C.F.R. part 1308, as amended;	2744

(3) Any drug of abuse.

2745

(G)(F) "Conviction" means an unvacated adjudication of guilt	2746
or a determination that a person has violated or failed to comply	2747
with the law in a court of original jurisdiction or an authorized	2748
administrative tribunal, an unvacated forfeiture of bail or	2749
collateral deposited to secure the person's appearance in court, a	2750
plea of guilty or nolo contendere accepted by the court, the	2751
payment of a fine or court cost, or violation of a condition of	2752
release without bail, regardless of whether or not the penalty is	2753
rebated, suspended, or probated.	2754

(H)(G) "Disqualification" means any of the following:

2755

(1) The suspension, revocation, or cancellation of a person's	2756
privileges to operate a commercial motor vehicle;	2757

(2) Any withdrawal of the privilegea person's privileges to	2758
driveoperate a commercial motor vehicle as the result of a	2759
violation of state or local law relating to motor vehicle traffic	2760
control other than parking, vehicle weight, or vehicle defect	2761
violations;	2762

(3) A determination by the federal motor carrier safety	2763
administration that a person is not qualified to operate a	2764
commercial motor vehicle under 49 C.F.R. 391.	2765

(I)(H) "Drive" means to drive, operate, or be in physical	2766
control of a motor vehicle.	2767

(J)(I) "Driver" means any person who drives, operates, or is	2768
in physical control of a commercial motor vehicle or is required	2769
to have a commercial driver's license.	2770

(K)(J) "Driver's license" means a license issued by the	2771
bureau of motor vehicles that authorizes an individual to drive.	2772

(L)(K) "Drug of abuse" means any controlled substance,	2773
dangerous drug as defined in section 4729.01 of the Revised Code,	2774
or over-the-counter medication that, when taken in quantities	2775
exceeding the recommended dosage, can result in impairment of	2776
judgment or reflexes.	2777

(L) "Eligible unit of local government" means a village,	2778
township, or county that has a population of not more than three	2779
thousand persons according to the most recent federal census.	2780

(M) "Employer" means any person, including the federal	2781
government, any state, and a political subdivision of any state,	2782
that owns or leases a commercial motor vehicle or assigns a person	2783
to drive such a motor vehicle.	2784

(N) "Endorsement" means an authorization on a person's	2785
commercial driver's license that is required to permit the person	2786
to operate a specified type of commercial motor vehicle.	2787

(O) "Farm truck" means a truck controlled and operated by a	2788
farmer for use in the transportation to or from a farm, for a	2789
distance of not more than one hundred fifty miles, of products of	2790
the farm, including livestock and its products, poultry and its	2791
products, floricultural and horticultural products, and in the	2792
transportation to the farm, from a distance of not more than one	2793
hundred fifty miles, of supplies for the farm, including tile,	2794
fence, and every other thing or commodity used in agricultural,	2795
floricultural, horticultural, livestock, and poultry production,	2796
and livestock, poultry, and other animals and things used for	2797
breeding, feeding, or other purposes connected with the operation	2798
of the farm, when the truck is operated in accordance with this	2799
division and is not used in the operations of a motor	2800
transportation company or private motor carrier.	2801

(P) "Fatality" means the death of a person as the result of a	2802
motor vehicle accident occurring not more than three hundred	2803
sixty-five days prior to the date of death.	2804

(O)(Q) "Felony" means any offense under federal or state law	2805
that is punishable by death or specifically classified as a felony	2806
under the law of this state, regardless of the penalty that may be	2807
imposed.	2808

(P)(R) "Foreign jurisdiction" means any jurisdiction other	2809
than a state.	2810

(Q)(S) "Gross vehicle weight rating" means the value	2811
specified by the manufacturer as the maximum loaded weight of a	2812
single or a combination vehicle. The gross vehicle weight rating	2813
of a combination vehicle is the gross vehicle weight rating of the	2814
power unit plus the gross vehicle weight rating of each towed	2815
unit.	2816

(R)(T) "Hazardous materials" means materials identifiedany	2817
material that has been designated as suchhazardous under	2818
regulations adopted under the "Hazardous Materials Transportation	2819
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 180149 U.S.C. 5103 and is	2820
required to be placarded under subpart F of 49 C.F.R. part 172 or	2821
any quantity of a material listed as a select agent or toxin in 42	2822
C.F.R. part 73, as amended.	2823

(S)(U) "Imminent hazard" means the existence of a condition	2824
that presents a substantial likelihood that death, serious	2825
illness, severe personal injury, or a substantial endangerment to	2826
health, property, or the environment may occur before the	2827
reasonably foreseeable completion date of a formal proceeding	2828
begun to lessen the risk of that death, illness, injury, or	2829
endangerment.	2830

(V) "Motor vehicle" has the same meaning as in section	2831
4511.01 of the Revised Code.	2832

(T) Except when used in sections 4506.25 and 4506.26 of the	2833
Revised Code, "out-of-servicemeans a vehicle, machine, tractor,	2834
trailer, or semitrailer propelled or drawn by mechanical power	2835
used on highways, except that such term does not include a	2836
vehicle, machine, tractor, trailer, or semitrailer operated	2837
exclusively on a rail.	2838

(W) "Out-of-service order" means a temporary prohibition	2839
against driving adeclaration by an authorized enforcement officer	2840
of a federal, state, local, Canadian, or Mexican jurisdiction	2841
declaring that a driver, commercial motor vehicle issued under	2842
this chapter or a similar law of another state or of a foreign	2843
jurisdiction.	2844

(U), or commercial motor carrier operation is out of service	2845
as defined in 49 C.F.R. 390.5.	2846

(X) "Peace officer" has the same meaning as in section	2847
2935.01 of the Revised Code.	2848

(Y) "Portable tank" means a liquid or gaseous packaging	2849
designed primarily to be loaded onto or temporarily attached to a	2850
vehicle and equipped with skids, mountings, or accessories to	2851
facilitate handling of the tank by mechanical means.	2852

(Z) "Public safety vehicle" has the same meaning as in	2853
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	2854

(AA) "Recreational vehicle" includes every vehicle that is	2855
defined as a recreational vehicle in section 4501.01 of the	2856
Revised Code and is used exclusively for purposes other than	2857
engaging in business for profit.	2858

(BB) "Residence" means any person's residence determined in	2859
accordance with standards prescribed in rules adopted by the	2860
registrar.	2861

(V) "Temporary residence" means residence on a temporary	2862
basis as determined by the registrar in accordance with standards	2863
prescribed in rules adopted by the registrar.	2864

(W)(CC) "School bus" has the same meaning as in section	2865
4511.01 of the Revised Code.	2866

(DD) "Serious traffic violation" means a conviction arising	2867
from the operationa single charge of operating a commercial motor	2868
vehicle in violation of any provision of section 4506.03 of the	2869
Revised Code or a conviction arising from the operation of any	2870
motor vehicle that involves any of the following:	2871

(1) A single charge of any speed that is in excess of the	2872
posted speed limit by an amount specified by the United States	2873
secretary of transportation and that the director of public safety	2874
designates as such by rulefifteen miles per hour or more;	2875

(2) Violation of section 4511.20,or 4511.201, or 4511.202 of	2876
the Revised Code or any similar ordinance or resolution, or of any	2877
similar law of another state or political subdivision of another	2878
state;	2879

(3) Violation of a law of this state or an ordinance or	2880
resolution relating to traffic control, other than a parking	2881
violation, or of any similar law of another state or political	2882
subdivision of another state, that results in a fatal accident;	2883

(4) Violation of section 4506.03 of the Revised Code or a	2884
substantially similar municipal ordinance or county or township	2885
resolution, or of any similar law of another state or political	2886
subdivision of another state, that involves the operation of a	2887
commercial motor vehicle without a valid commercial driver's	2888
license with the proper class or endorsement for the specific	2889
vehicle group being operated or for the passengers or type of	2890
cargo being transported;	2891

(5) Violation of section 4506.03 of the Revised Code or a	2892
substantially similar municipal ordinance or county or township	2893
resolution, or of any similar law of another state or political	2894
subdivision of another state, that involves the operation of a	2895
commercial motor vehicle without a valid commercial driver's	2896
license being in the person's possession;	2897

(6) Violation of section 4511.33 or 4511.34 of the Revised	2898
Code, or any municipal ordinance or county or township resolution	2899
substantially similar to either of those sections, or any	2900
substantially similar law of another state or political	2901
subdivision of another state;	2902

(7) Violation of any other law of this state or an ordinance	2903
or resolution relating to traffic control, other than a parking	2904
violation, that is determined to be a serious traffic violation by	2905
the United States secretary of transportation and the director	2906
designates as such by rule.	2907

(X)(EE) "State" means a state of the United States and	2908
includes the District of Columbia.	2909

(Y)(FF) "Tank vehicle" means any commercial motor vehicle	2910
that is designed to transport any liquid and has a maximum	2911
capacity greater than one hundred nineteen gallons or is designed	2912
to transport gaseous materials and has a water capacity greater	2913
than one thousand pounds within a tank that is either permanently	2914
or temporarily attached to the vehicle or its chassis. "Tank	2915
vehicle" does not include any of the following:	2916

(1) Any portable tank having a rated capacity of less than	2917
one thousand gallons;	2918

(2) Tanks used exclusively as a fuel tank for the motor	2919
vehicle to which it is attached;	2920

(3) An empty storage container tank that is not designed for	2921
transportation and that is readily distinguishable from a	2922
transportation tank;	2923

(4) Ready-mix concrete mixers.

2924

(Z)(GG) "Tester" means a person or entity acting pursuant to	2925
a valid agreement entered into pursuant to division (B) of section	2926
4506.09 of the Revised Code.	2927

(HH) "United States" means the fifty states and the District	2928
of Columbia.	2929

(AA)(II) "Vehicle" has the same meaning as in section 4511.01	2930
of the Revised Code.	2931

(BB) "Peace officer" has the same meaning as in section	2932
2935.01 of the Revised Code.	2933

(CC) "Portable tank" means a liquid or gaseous packaging	2934
designed primarily to be loaded on or temporarily attached to a	2935
vehicle and equipped with skids, mountings, or accessories to	2936
facilitate handling of the tank by mechanical means.	2937

Sec. 4506.03.  (A) On and after April 1, 1992Except as	2938
provided in divisions (B) and (C) of this section, the following	2939
shall apply:	2940

(1) No person shall drive a commercial motor vehicle on a	2941
highway in this state unless the person holds, and has in the	2942
person's possession, a valid commercial driver's license with	2943
proper endorsements for the motor vehicle being driven, issued by	2944
the registrar of motor vehicles, a valid examiner's commercial	2945
driving permit issued under section 4506.13 of the Revised Code, a	2946
valid restricted commercial driver's license and waiver for	2947
farm-related service industries issued under section 4506.24 of	2948
the Revised Code, or a valid commercial driver's license temporary	2949
instruction permit issued by the registrar and is accompanied by	2950
an authorized state driver's license examiner or tester or a	2951
person who has been issued and has in the person's immediate	2952
possession a current, valid commercial driver's license with	2953
proper endorsements for the motor vehicle being driven.	2954

(2) No person shall be issued a commercial driver's license	2955
until the person surrenders to the registrar of motor vehicles all	2956
valid licenses issued to the person by another jurisdiction	2957
recognized by this state. All surrendered licenses shall be	2958
returned by theThe registrar shall report the surrender of a	2959
license to the issuing authority, together with information that a	2960
license is now issued in this state. The registrar shall destroy	2961
any such license that is not returned to the issuing authority.	2962

(3) No person who has been a resident of this state for	2963
thirty days or longer shall drive a commercial motor vehicle under	2964
the authority of a commercial driver's license issued by another	2965
jurisdiction.	2966

(B) As used in this section and in section 4506.09 of the	2967
Revised Code, "tester" means a person or entity acting pursuant to	2968
a valid agreement entered into under division (B) of section	2969
4506.09 of the Revised CodeNothing in division (A) of this	2970
section applies to any qualified person when engaged in the	2971
operation of any of the following:	2972

(1) A farm truck;

2973

(2) Fire equipment for a fire department, volunteer or	2974
nonvolunteer fire company, fire district, or joint fire district;	2975

(3) A public safety vehicle used to provide transportation or	2976
emergency medical service for ill or injured persons;	2977

(4) A recreational vehicle;

2978

(5) A commercial motor vehicle within the boundaries of an	2979
eligible unit of local government, if the person is employed by	2980
the eligible unit of local government and is operating the	2981
commercial motor vehicle for the purpose of removing snow or ice	2982
from a roadway by plowing, sanding, or salting, but only if either	2983
the employee who holds a commercial driver's license issued under	2984
this chapter and ordinarily operates a commercial motor vehicle	2985
for these purposes is unable to operate the vehicle, or the	2986
employing eligible unit of local government determines that a snow	2987
or ice emergency exists that requires additional assistance;	2988

(6) A vehicle operated for military purposes by any member or	2989
uniformed employee of the armed forces of the United States or	2990
their reserve components, including the Ohio national guard. This	2991
exception does not apply to United States reserve technicians.	2992

(7) A commercial motor vehicle that is operated for	2993
nonbusiness purposes. "Operated for nonbusiness purposes" means	2994
that the commercial motor vehicle is not used in commerce as	2995
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	2996
regulated by the public utilities commission pursuant to Chapter	2997
4919., 4921., or 4923. of the Revised Code.	2998

(8) A motor vehicle that is designed primarily for the	2999
transportation of goods and not persons, while that motor vehicle	3000
is being used for the occasional transportation of personal	3001
property by individuals not for compensation and not in the	3002
furtherance of a commercial enterprise.	3003

(C) Nothing contained in division (B)(5) of this section	3004
shall be construed as preempting or superseding any law, rule, or	3005
regulation of this state concerning the safe operation of	3006
commercial motor vehicles.	3007

(C)(D) Whoever violates this section is guilty of a	3008
misdemeanor of the first degree.	3009

Sec. 4506.05.  (A) Notwithstanding any other provision of	3010
law, a person may drive a commercial motor vehicle on a highway in	3011
this state if all of the following conditions are met:	3012

(1) The person has a valid commercial driver's license or	3013
commercial driver's license temporary instruction permit issued by	3014
any state or jurisdiction in accordance with the minimum standards	3015
adopted by the federal highwaymotor carrier safety administration	3016
under the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	3017
3207-171, 49 U.S.C.A. App. for issuance of commercial drivers'	3018
licenses;	3019

(2) The person's commercial driver's license or permit is not	3020
suspended, revoked, or canceled;	3021

(3) The person is not disqualified from driving a commercial	3022
motor vehicle;	3023

(4) The person is not subject to an out-of-service order.

3024

(B) Whoever violates this section is guilty of a misdemeanor	3025
of the first degree.	3026

Sec. 4506.08.  (A)(1) Each application for a commercial	3027
driver's license temporary instruction permit shall be accompanied	3028
by a fee of ten dollars; except as provided in division (B) of	3029
this section, each. Each application for a commercial driver's	3030
license, restricted commercial driver's license, or renewal of	3031
such a license, or waiver for farm-related service industries	3032
shall be accompanied by a fee of twenty-five dollars; and each,	3033
except that an application for a commercial driver's license or	3034
restricted commercial driver's license received pursuant to	3035
division (A)(3) of section 4506.14 of the Revised Code shall be	3036
accompanied by a fee of eighteen dollars and seventy-five cents if	3037
the license will expire on the licensee's birthday three years	3038
after the date of issuance, a fee of twelve dollars and fifty	3039
cents if the license will expire on the licensee's birthday two	3040
years after the date of issuance, and a fee of six dollars and	3041
twenty-five cents if the license will expire on the licensee's	3042
birthday one year after the date of issuance. Each application for	3043
a duplicate commercial driver's license shall be accompanied by a	3044
fee of ten dollars. In	3045

(2) In addition, the registrar of motor vehicles or deputy	3046
registrar may collect and retain an additional fee of no more than	3047
two dollars and seventy-five cents commencing on July 1, 2001,	3048
three dollars and twenty-five cents commencing on January 1, 2003,	3049
and three dollars and fifty cents commencing on January 1, 2004,	3050
for each application for a commercial driver's license temporary	3051
instruction permit, commercial driver's license, renewal of a	3052
commercial driver's license, or duplicate commercial driver's	3053
license received by the registrar or deputy. No fee shall be	3054
charged for the annual issuance of a waiver for farm-related	3055
service industries pursuant to section 4506.24 of the Revised	3056
Code.	3057

(B) Each deputy registrar shall transmit the fees collected	3058
under division (A)(1) of this section to the registrar at the time	3059
and in the manner prescribed by the registrar by rule. The	3060
registrar shall pay the fees into the state highway safety fund	3061
established in section 4501.06 of the Revised Code.	3062

(B)(C) In addition to the fees imposed under division (A) of	3063
this section, the registrar of motor vehicles or deputy registrar	3064
shall collect a fee of twelve dollars commencing on October 1,	3065
2003, for each application for a commercial driver's license	3066
temporary instruction permit, commercial driver's license, or	3067
duplicate commercial driver's license and for each application for	3068
renewal of a commercial driver's license with an expiration date	3069
on or after that date received by the registrar or deputy	3070
registrar. The additional fee is for the purpose of defraying the	3071
department of public safety's costs associated with the	3072
administration and enforcement of the motor vehicle and traffic	3073
laws of Ohio. Each deputy registrar shall transmit the fees	3074
collected under division (B)(C) of this section in the time and	3075
manner prescribed by the registrar. The registrar shall deposit	3076
all moneys received under division (B)(C) of this section into the	3077
state highway safety fund established in section 4501.06 of the	3078
Revised Code.	3079

(C)(D) Information regarding the driving record of any person	3080
holding a commercial driver's license issued by this state shall	3081
be furnished by the registrar, upon request and payment of a fee	3082
of two dollars, to the employer or prospective employer of such a	3083
person and to any insurer.	3084

Sec. 4506.09.  (A) The registrar of motor vehicles, subject	3085
to approval by the director of public safety, shall adopt rules	3086
conforming with applicable standards adopted by the federal motor	3087
carrier safety administration as regulations under Pub. L. No.	3088
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	3089
31317. The rules shall establish requirements for the	3090
qualification and testing of persons applying for a commercial	3091
driver's license, which shall be in addition to other requirements	3092
established by this chapter. Except as provided in division (B) of	3093
this section, the highway patrol or any other employee of the	3094
department of public safety the registrar authorizes shall	3095
supervise and conduct the testing of persons applying for a	3096
commercial driver's license.	3097

(B) The director may adopt rules, in accordance with Chapter	3098
119. of the Revised Code and applicable requirements of the	3099
federal motor carrier safety administration, authorizing the	3100
skills test specified in this section to be administered by any	3101
person, by an agency of this or another state, or by an agency,	3102
department, or instrumentality of local government. Each party	3103
authorized under this division to administer the skills test may	3104
charge a maximum divisible fee of eighty-five dollars for each	3105
skills test given as part of a commercial driver's license	3106
examination. The fee shall consist of not more than twenty dollars	3107
for the pre-trip inspection portion of the test, not more than	3108
twenty dollars for the off-road maneuvering portion of the test,	3109
and not more than forty-five dollars for the on-road portion of	3110
the test. Each such party may require an appointment fee in the	3111
same manner provided in division (E)(2) of this section, except	3112
that the maximum amount such a party may require as an appointment	3113
fee is eighty-five dollars. The skills test administered by	3114
another party under this division shall be the same as otherwise	3115
would be administered by this state. The other party shall enter	3116
into an agreement with the director that, without limitation, does	3117
all of the following:	3118

(1) Allows the director or the director's representative and	3119
the federal motor carrier safety administration or its	3120
representative to conduct random examinations, inspections, and	3121
audits of the other party without prior notice;	3122

(2) Requires the director or the director's representative to	3123
conduct on-site inspections of the other party at least annually;	3124

(3) Requires that all examiners of the other party meet the	3125
same qualification and training standards as examiners of the	3126
department of public safety, to the extent necessary to conduct	3127
skills tests in the manner required by 49 C.F.R. 383.110 through	3128
383.135;	3129

(4) Requires either that state employees take, at least	3130
annually and as though the employees were test applicants, the	3131
tests actually administered by the other party, that the director	3132
test a sample of drivers who were examined by the other party to	3133
compare the test results, or that state employees accompany a test	3134
applicant during an actual test;	3135

(5) Reserves to this state the right to take prompt and	3136
appropriate remedial action against testers of the other party if	3137
the other party fails to comply with standards of this state or	3138
federal standards for the testing program or with any other terms	3139
of the contract.	3140

(C) The director shall enter into an agreement with the	3141
department of education authorizing the skills test specified in	3142
this section to be administered by the department at any location	3143
operated by the department for purposes of training and testing	3144
school bus drivers, provided that the agreement between the	3145
director and the department complies with the requirements of	3146
division (B) of this section. Skills tests administered by the	3147
department shall be limited to persons applying for a commercial	3148
driver's license with a school bus endorsement.	3149

(D) The director shall adopt rules, in accordance with	3150
Chapter 119. of the Revised Code, authorizing waiver of the skills	3151
test specified in this section for any applicant for a commercial	3152
driver's license who meets all of the following requirements:	3153

(1) Certifies that, during the two-year period immediately	3154
preceding application for a commercial driver's license, all of	3155
the following apply:	3156

(a) The applicant has not had more than one license;.

3157

(b) The applicant has not had any license suspended, revoked,	3158
or canceled;.	3159

(c) The applicant has not had any convictions for any type of	3160
motor vehicle for the offenses for which disqualification is	3161
prescribed in section 4506.16 of the Revised Code;.	3162

(d) The applicant has not had any violation of a state or	3163
local law relating to motor vehicle traffic control other than a	3164
parking violation arising in connection with any traffic accident	3165
and has no record of an accident in which the applicant was at	3166
fault.	3167

(e) The applicant has previously taken and passed a skills	3168
test given by a state with a classified licensing and testing	3169
system in which the test was behind-the-wheel in a representative	3170
vehicle for the applicant's commercial driver's license	3171
classification.	3172

(2) Certifies and also provides evidence that the applicant	3173
is regularly employed in a job requiring operation of a commercial	3174
motor vehicle and that one of the following applies:	3175

(a) The applicant has previously taken and passed a skills	3176
test given by a state with a classified licensing and testing	3177
system in which the test was behind-the-wheel in a representative	3178
vehicle for the applicant's commercial driver's license	3179
classification;.	3180

(b) The applicant has regularly operated, for at least two	3181
years immediately preceding application for a commercial driver's	3182
license, a vehicle representative of the commercial motor vehicle	3183
the applicant operates or expects to operate.	3184

(E)(1) The department of public safety may charge and collect	3185
a divisible fee of fifty dollars for each skills test given as	3186
part of a commercial driver's license examination. The fee shall	3187
consist of ten dollars for the pre-trip inspection portion of the	3188
test, ten dollars for the off-road maneuvering portion of the	3189
test, and thirty dollars for the on-road portion of the test.	3190

(2) The director may require an applicant for a commercial	3191
driver's license who schedules an appointment with the highway	3192
patrol or other authorized employee of the department of public	3193
safety to take all portions of the skills test, to pay an	3194
appointment fee of fifty dollars at the time of scheduling the	3195
appointment. If the applicant appears at the time and location	3196
specified for the appointment and takes all portions of the skills	3197
test during that appointment, the appointment fee shall serve as	3198
the skills test fee. If the applicant schedules an appointment to	3199
take all portions of the skills test and fails to appear at the	3200
time and location specified for the appointment, no portion of the	3201
appointment fee shall be refunded. If the applicant schedules an	3202
appointment to take all portions of the skills test and appears at	3203
the time and location specified for the appointment, but declines	3204
or is unable to take all portions of the skills test, no portion	3205
of the appointment fee shall serve as the skills test feebe	3206
refunded. If the applicant cancels a scheduled appointment	3207
forty-eight hours or more prior to the time of the appointment	3208
time, the applicant shall not forfeit the appointment fee.	3209

An applicant for a commercial driver's license who schedules	3210
an appointment to take one or more, but not all, portions of the	3211
skills test shall not be required to pay anyan appointment fee	3212
equal to the costs of each test scheduled, as prescribed in	3213
division (E)(1) of this section, when scheduling such an	3214
appointment. If the applicant appears at the time and location	3215
specified for the appointment and takes all the portions of the	3216
skills test during that appointment that the applicant was	3217
scheduled to take, the appointment fee shall serve as the skills	3218
test fee. If the applicant schedules an appointment to take one or	3219
more, but not all, portions of the skills test and fails to appear	3220
at the time and location specified for the appointment, no portion	3221
of the appointment fee shall be refunded. If the applicant	3222
schedules an appointment to take one or more, but not all,	3223
portions of the skills test and appears at the time and location	3224
specified for the appointment, but declines or is unable to take	3225
all portions of the skills test that the applicant was scheduled	3226
to take, no portion of the appointment fee shall be refunded. If	3227
the applicant cancels a scheduled appointment forty-eight hours or	3228
more prior to the time of the appointment time, the applicant	3229
shall not forfeit the appointment fee.	3230

(3) The department of public safety shall deposit all fees it	3231
collects under division (E) of this section in the state highway	3232
safety fund.	3233

(F) As used in this section, "skills test" means a test of an	3234
applicant's ability to drive the type of commercial motor vehicle	3235
for which the applicant seeks a commercial driver's license by	3236
having the applicant drive such a motor vehicle while under the	3237
supervision of an authorized state driver's license examiner or	3238
tester.	3239

Sec. 4506.10.  (A) No person who holds a valid commercial	3240
driver's license shall drive a commercial motor vehicle unless the	3241
person is physically qualified to do so. Each person who drives or	3242
expects to drive a commercial motor vehicle in interstate or	3243
foreign commerce or is otherwise subject to 49 C.F.R. 391, et	3244
seq., as amended, shall certify to the registrar of motor vehicles	3245
at the time of application for a commercial driver's license that	3246
the person is in compliance with these standards. Any person who	3247
is not subject to 49 C.F.R. 391, et seq., as amended, also shall	3248
certify at the time of application that the person is not subject	3249
to these standards.	3250

(B) A person is qualified to drive a class B commercial motor	3251
vehicle with a school bus endorsementif the person holds a valid	3252
commercial driver's license along with the proper endorsements,	3253
and if the person has been certified as medically qualified in	3254
accordance with rules adopted by the department of education.	3255

(C)(1) Except as provided in division (C)(2) of this section,	3256
any medical examination required by this section shall be	3257
performed only by one of the following:	3258

(a) A person licensed under Chapter 4731. of the Revised Code	3259
to practice medicine or surgery or osteopathic medicine and	3260
surgery in this state, or licensed under any similar law of	3261
another state;	3262

(b) A physician assistant who is authorized by the	3263
supervising physician to perform such a medical examination;	3264

(c) A certified nurse practitioner, a clinical nurse	3265
specialist, or a certified nurse-midwife;	3266

(d) A doctor of chiropractic.

3267

(2) Any part of an examination required by this section that	3268
pertains to visual acuity, field of vision, and the ability to	3269
recognize colors may be performed by a person licensed under	3270
Chapter 4725. of the Revised Code to practice optometry in this	3271
state, or licensed under any similar law of another state.	3272

(3) Any written documentation of a physical examination	3273
conducted pursuant to this section shall be completed by the	3274
individual who performed the examination.	3275

(D) Whenever good cause appears, the registrar, upon issuing	3276
a commercial driver's license under this chapter, may impose	3277
restrictions suitable to the licensee's driving ability with	3278
respect to the type of motor vehicle or special mechanical control	3279
devices required on a motor vehicle that the licensee may operate,	3280
or such other restrictions applicable to the licensee as the	3281
registrar determines to be necessary.	3282

The registrar may either issue a special restricted license	3283
or may set forth upon the usual license form the restrictions	3284
imposed.	3285

The registrar, upon receiving satisfactory evidence of any	3286
violation of the restrictions of the license, may impose a class D	3287
license suspension of the license for the period of time specified	3288
in division (B)(4) of section 4510.02 of the Revised Code.	3289

The registrar, upon receiving satisfactory evidence that an	3290
applicant or holder of a commercial driver's license has violated	3291
division (A)(4) of section 4506.04 of the Revised Code and	3292
knowingly given false information in any application or	3293
certification required by section 4506.07 of the Revised Code,	3294
shall cancel the commercial driver's license of the person or any	3295
pending application from the person for a commercial driver's	3296
license or class D driver's license for a period of at least sixty	3297
days, during which time no application for a commercial driver's	3298
license or class D driver's license shall be received from the	3299
person.	3300

(E) Whoever violates this section is guilty of a misdemeanor	3301
of the first degree.	3302

Sec. 4506.11.  (A) Every commercial driver's license shall be	3303
marked "commercial driver's license" or "CDL" and shall be of such	3304
material and so designed as to prevent its reproduction or	3305
alteration without ready detection, and, to this end, shall be	3306
laminated with a transparent plastic material. The commercial	3307
driver's license for licensees under twenty-one years of age shall	3308
have characteristics prescribed by the registrar of motor vehicles	3309
distinguishing it from that issued to a licensee who is twenty-one	3310
years of age or older. Every commercial driver's license shall	3311
display all of the following information:	3312

(1) The name and residence address of the licensee;

3313

(2) A color photograph of the licensee showing the licensee's	3314
uncovered face;	3315

(3) A physical description of the licensee, including sex,	3316
height, weight, and color of eyes and hair;	3317

(4) The licensee's date of birth;

3318

(5) The licensee's social security number if the person has	3319
requested that the number be displayed in accordance with section	3320
4501.31 of the Revised Code or if federal law requires the social	3321
security number to be displayed and any number or other identifier	3322
the director of public safety considers appropriate and	3323
establishes by rules adopted under Chapter 119. of the Revised	3324
Code and in compliance with federal law;	3325

(6) The licensee's signature;

3326

(7) The classes of commercial motor vehicles the licensee is	3327
authorized to drive and any endorsements or restrictions relating	3328
to the licensee's driving of those vehicles;	3329

(8) The name of this state;

3330

(9) The dates of issuance and of expiration of the license;

3331

(10) If the licensee has certified willingness to make an	3332
anatomical donation under section 2108.04 of the Revised Code, any	3333
symbol chosen by the registrar of motor vehicles to indicate that	3334
the licensee has certified that willingness;	3335

(11) If the licensee has executed a durable power of attorney	3336
for health care or a declaration governing the use or	3337
continuation, or the withholding or withdrawal, of life-sustaining	3338
treatment and has specified that the licensee wishes the license	3339
to indicate that the licensee has executed either type of	3340
instrument, any symbol chosen by the registrar to indicate that	3341
the licensee has executed either type of instrument;	3342

(12) Any other information the registrar considers advisable	3343
and requires by rule.	3344

(B) The registrar may establish and maintain a file of	3345
negatives of photographs taken for the purposes of this section.	3346

(C) Neither the registrar nor any deputy registrar shall	3347
issue a commercial driver's license to anyone under twenty-one	3348
years of age that does not have the characteristics prescribed by	3349
the registrar distinguishing it from the commercial driver's	3350
license issued to persons who are twenty-one years of age or	3351
older.	3352

(D) Whoever violates division (C) of this section is guilty	3353
of a minor misdemeanor.	3354

Sec. 4506.12.  (A) Commercial drivers' licenses shall be	3355
issued in the following classes and shall include any endorsements	3356
and restrictions that are applicable. Subject to any such	3357
endorsements and restrictions, the holder of a valid commercial	3358
driver's license may drive all commercial motor vehicles in the	3359
class for which that license is issued and all lesser classes of	3360
vehicles, except that the holder shall not operate a motorcycle	3361
unless the holder is licensed to do so under Chapter 4507. of the	3362
Revised Code.	3363

(B) The classes of commercial drivers' licenses and the	3364
commercial motor vehicles that they authorize the operation of are	3365
as follows:	3366

(1) Class A--any combination of vehicles with a combined	3367
gross vehicle weight rating of twenty-six thousand one pounds or	3368
more, if the gross vehicle weight rating of the vehicle or	3369
vehicles being towed is in excess of ten thousand pounds.	3370

(2) Class B--any single vehicle with a gross vehicle weight	3371
rating of twenty-six thousand one pounds or more or any such	3372
vehicle towing a vehicle having a gross vehicle weight rating that	3373
is not in excess of ten thousand pounds.	3374

(3) Class C--any single vehicle, or combination of vehicles,	3375
that is not a class A or class B vehicle, but that either is	3376
designed to transport sixteen or more passengers, including the	3377
driver, or is placarded fortransporting hazardous materials and	3378
in an amount requiring placarding, or any school bus with a gross	3379
vehicle weight rating of less than twenty-six thousand one pounds	3380
that is designed to transport fewer than sixteen passengers	3381
including the driver.	3382

(C) The following endorsements and restrictions apply to	3383
commercial drivers' licenses:	3384

(1) H--authorizes the driver to drive a vehicle transporting	3385
hazardous materials in an amount requiring placarding;	3386

(2) K--restricts the driver to only intrastate operation;

3387

(3) L--restricts the driver to vehicles not equipped with air	3388
brakes;	3389

(4) T--authorizes the driver to drive a vehicle configured	3390
with double andor triple trailers that create more than one	3391
articulation point for the combination;	3392

(5) P--authorizes the driver to drive vehicles carrying	3393
designed to transport sixteen or more passengers, including the	3394
driver;	3395

(6) P1--authorizes the driver to drive class A vehicles with	3396
designed for fewer than fifteensixteen passengers, including the	3397
driver, and all lesser classes of vehicles without restriction as	3398
to the numberdesigned passenger capacity of passengersthe	3399
vehicle;	3400

(7) P2--authorizes the driver to drive class A or B vehicles	3401
withdesigned for fewer than fifteensixteen passengers, including	3402
the driver, and all lesser classes of vehicles without restriction	3403
as to the numberdesigned passenger capacity of passengersthe	3404
vehicle;	3405

(8) P3--restricts the driver to driving class B school buses;

3406

(9) P4--Restricts the driver to driving class C school buses	3407
designed to transport fewer than sixteen passengers including the	3408
driver.	3409

(10)(9) N--authorizes the driver to drive tank vehicles;

3410

(11)(10) S--authorizes the driver to drive school buses	3411
transporting children;	3412

(12)(11) X--authorizes the driver to drive tank vehicles	3413
transporting hazardous materials in a quantity requiring	3414
placarding;	3415

(13)(12) W--restricts the driver to the operation of	3416
commercial motor vehicles in accordance with a waiver for	3417
farm-related service industries issued under section 4506.24 of	3418
the Revised Code.	3419

(D) In addition to any endorsement that otherwise may apply,	3420
a person who is engaged in the towing of a disabled or wrecked	3421
motor vehicle shall hold a commercial driver's license bearing any	3422
endorsement required to drive the towed vehicle except the driver	3423
is not required to have either of the following:	3424

(1) A passenger endorsement to tow an unoccupied passenger	3425
vehicle;	3426

(2) Any endorsement required for the wrecked or disabled	3427
vehicle when the driver initially removes a vehicle from the site	3428
of the emergency where the vehicle became wrecked or disabled to	3429
the nearest appropriate repair, disposal, or storage facility, as	3430
applicable.	3431

(E) No person shall drive any commercial motor vehicle for	3432
which an endorsement is required under this section unless the	3433
proper endorsement appears on the person's commercial driver's	3434
license.	3435

(F) Whoever violates this section is guilty of a misdemeanor	3436
of the first degree.	3437

Sec. 4506.14.  (A) Commercial driver's licenses shall expire	3438
as follows:	3439

(1) Except as provided in division (A)(3) or (4) of this	3440
section, each such license issued to replace an operator's or	3441
chauffeur's license shall expire on the original expiration date	3442
of the operator's or chauffeur's license and, upon renewal, shall	3443
expire on the licensee's birthday in the fourth year after the	3444
date of issuance.	3445

(2) Except as provided in division (A)(3) or (4) of this	3446
section, each such license issued as an original license to a	3447
person whose residence is in this state shall expire on the	3448
licensee's birthday in the fourth year after the date of issuance,	3449
and each such license issued to a person whose temporary residence	3450
is in this state shall expire in accordance with rules adopted by	3451
the registrar of motor vehicles. A license issued to a person with	3452
a temporary residence in this state is nonrenewable, but may be	3453
replaced with a new license within ninety days prior to its	3454
expiration upon the applicant's compliance with all applicable	3455
requirements.	3456

(3) The registrar or a deputy registrar may issue a license	3457
that expires on a date earlier than the licensee's birthday in the	3458
fourth year after the date of issuance if the licensee has	3459
undergone a security threat assessment required by federal law to	3460
obtain a hazardous materials endorsement and the assessment will	3461
expire before that date.	3462

(4) Each such license issued to replace the operator's or	3463
chauffeur's license of a person who is less than twenty-one years	3464
of age, and each such license issued as an original license to a	3465
person who is less than twenty-one years of age, shall expire on	3466
the licensee's twenty-first birthday.	3467

(B) No commercial driver's license shall be issued for a	3468
period longer than four years and ninetyone hundred eighty days.	3469
Except as provided in section 4507.12 of the Revised Code, the	3470
registrar may waive the examination of any person applying for the	3471
renewal of a commercial driver's license issued under this	3472
chapter, provided that the applicant presents either an unexpired	3473
commercial driver's license or a commercial driver's license that	3474
has expired not more than six months prior to the date of	3475
application.	3476

(C) Subject to the requirements of this chapter and except as	3477
provided in division (A)(2) of this section in regard to a person	3478
whose temporary residence is in this state, every commercial	3479
driver's license shall be renewable ninetyone hundred eighty days	3480
before its expiration upon payment of the fees required by section	3481
4506.08 of the Revised Code. Each person applying for renewal or	3482
transfer of a commercial driver's license shall complete the	3483
application form prescribed by section 4506.07 of the Revised Code	3484
and shall provide all certifications required. If the person	3485
wishes to retain an endorsement authorizing the person to	3486
transport hazardous materials, the person shall take and	3487
successfully complete the written test for the endorsement and	3488
shall submit to any background check required by federal law.	3489

(D) Each person licensed as a driver under this chapter shall	3490
notify the registrar of any change in the person's address within	3491
ten days following that change. The notification shall be in	3492
writing on a form provided by the registrar and shall include the	3493
full name, date of birth, license number, county of residence,	3494
social security number, and new address of the person.	3495

(E) Whoever violates division (D) of this section is guilty	3496
of a minor misdemeanor.	3497

Sec. 4506.15.  (A) No person shall do any of the following:

3498

(1) Drive a commercial motor vehicle while having a	3499
measurable or detectable amount of alcohol or of a controlled	3500
substance in the person's blood, breath, or urine;	3501

(2) Drive a commercial motor vehicle while having an alcohol	3502
concentration of four-hundredths of one per cent or more by whole	3503
blood or breath;	3504

(3) Drive a commercial motor vehicle while having an alcohol	3505
concentration of forty-eight-thousandths of one per cent or more	3506
by blood serum or blood plasma;	3507

(4) Drive a commercial motor vehicle while having an alcohol	3508
concentration of fifty-six-thousandths of one per cent or more by	3509
urine;	3510

(3)(5) Drive a commercial motor vehicle while under the	3511
influence of a controlled substance;	3512

(4) Knowingly leave the scene of an accident involving a	3513
commercial motor vehicle driven by the person;	3514

(5)(6) Use a commercial motor vehicle in the commission of a	3515
felony;	3516

(6)(7) Refuse to submit to a test under section 4506.17 of	3517
the Revised Code;	3518

(7) Violate an out-of-service order issued under this	3519
chapter;	3520

(8) Violate any prohibition described in divisions (A)(2) to	3521
(7) of this section while transporting hazardous materials;	3522

(9)(8) Operate a commercial motor vehicle while the person's	3523
commercial driving privileges are revoked, suspended, canceled, or	3524
disqualified;	3525

(9) Cause a fatality though the negligent operation of a	3526
commercial motor vehicle, including, but not limited to, the	3527
offenses of aggravated vehicular homicide, vehicular homicide, and	3528
vehicular manslaughter;	3529

(10) Use a commercial motor vehicle in the commission of a	3530
felony involving the manufacture, distribution, or dispensing of a	3531
controlled substance as defined in section 3719.01 of the Revised	3532
Code or the possession with intent to manufacture, distribute, or	3533
dispense a controlled substance;	3534

(10)(11) Drive a commercial motor vehicle in violation of any	3535
provision of sections 4511.61 to 4511.63 of the Revised Code or	3536
any federal or local law or ordinance pertaining to	3537
railroad-highway grade crossings;	3538

(12) Violate any prohibition described in divisions (A)(2) to	3539
(11) of this section while transporting hazardous materials.	3540

(B) Whoever violates this section is guilty of a misdemeanor	3541
of the first degree.	3542

Sec. 4506.16.  (A) Any person who is found to have been	3543
convicted of a violation of an out-of-service order shall be	3544
disqualified by the registrar of motor vehicles as follows:	3545

(1) If the person has not been convicted previously of a	3546
violation of an out-of-service order, the period of	3547
disqualification is ninety days.	3548

(2) If, during any ten-year period, the driver is convicted	3549
of a second violation of an out-of-service order in an incident	3550
separate from the incident that resulted in the first violation,	3551
the period of disqualification is one year.	3552

(3) If, during any ten-year period, the driver is convicted	3553
of a third or subsequent violation of an out-of-service order in	3554
an incident separate from the incidents that resulted in the	3555
previous violations during that ten-year period, the period of	3556
disqualification is three years.	3557

(B)(1) A driver is disqualified for one hundred eighty days	3558
if the driver is convicted of a first violation of an	3559
out-of-service order while transporting hazardous materials	3560
required to be placarded under the "Hazardous Materials	3561
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	3562
amended, or while operating a motor vehicle designed to transport	3563
sixteen or more passengers, including the driver.	3564

(2) A driver is disqualified for a period of three years if,	3565
during any ten-year period, the driver is convicted of a second or	3566
subsequent violation, in an incident separate from the incident	3567
that resulted in a previous violation during that ten-year period,	3568
of an out-of-service order while transporting hazardous materials	3569
required to be placarded under that act, or while operating a	3570
motor vehicle designed to transport sixteen or more passengers,	3571
including the driver.	3572

(C) Whoever violates division (A)(1) of section 4506.15 of	3573
the Revised Code or a similar law of another state or a foreign	3574
jurisdiction, immediately shall be placed out-of-service for	3575
twenty-four hours, in addition to any disqualification required by	3576
this section and any other penalty imposed by the Revised Code.	3577

(B)(D) The registrar of motor vehicles shall disqualify any	3578
personholder of a commercial driver's license, or any operator of	3579
a commercial motor vehicle for which a commercial driver's license	3580
is required, from operating a commercial motor vehicle as follows:	3581

(1) Upon a first conviction for a violation of any provision	3582
of divisions (A)(2) to (7)(9) of section 4506.15 of the Revised	3583
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the	3584
Revised Code, or a similar law of another state or a foreign	3585
jurisdiction, one year and upon;	3586

(2) Upon a second conviction for a violation of any provision	3587
of divisions (A)(2) to (9) of section 4506.15 of the Revised Code,	3588
or of section 4511.19 or sections 4549.02 to 4549.03 of the	3589
Revised Code, or a similar law of another state or a foreign	3590
jurisdiction, or any combination of such violations arising from	3591
two or more separate incidents, the person shall be disqualified	3592
for life or for any other period of time as determined by the	3593
United States secretary of transportation and designated by the	3594
director of public safety by rule;	3595

(2)(3) Upon a first conviction for a violation of division	3596
(A)(8)(12) of section 4506.15 of the Revised Code or a similar law	3597
of another state or a foreign jurisdiction, three years;	3598

(3)(4) Upon conviction of a violation of division (A)(9)(10)	3599
of section 4506.15 of the Revised Code or a similar law of another	3600
state or a foreign jurisdiction, the person shall be disqualified	3601
for life;	3602

(4) Upon a first conviction for a violation of division	3603
(A)(10) of section 4506.15 of the Revised Code or a similar law of	3604
another state or a foreign jurisdiction, occurring in a three-year	3605
period, the person shall be disqualified for not less than sixty	3606
days, upon a second conviction occurring in the three-year period,	3607
the person shall be disqualified for not less than one hundred	3608
twenty days, and upon a subsequent conviction occurring within a	3609
three-year period, the person shall be disqualified for not less	3610
than one year;	3611

(5) Upon conviction of two serious traffic violations	3612
involving the operation of a commercial motor vehicle by the	3613
person and arising from separate incidents occurring in a	3614
three-year period, the person shall be disqualified for sixty days	3615
if the conviction results in the suspension, cancellation, or	3616
revocation of the holder's commercial driver's license or	3617
noncommercial motor vehicle driving privileges;	3618

(6) Upon conviction of three serious traffic violations	3619
involving the operation of a commercial motor vehicle by the	3620
person and arising from separate incidents occurring in a	3621
three-year period, the person shall be disqualified for one	3622
hundred twenty days if the conviction results in the suspension,	3623
cancellation, or revocation of the holder's commercial driver's	3624
license or noncommercial motor vehicle driving privileges.	3625

(7) Upon a first conviction involving the operation of a	3626
commercial motor vehicle in violation of any provisions of	3627
sections 4511.61 to 4511.63 of the Revised Code or a similar law	3628
of another state or foreign jurisdiction, not less than sixty	3629
days;	3630

(8) Upon a second conviction involving the operation of a	3631
commercial motor vehicle in violation of any provisions of	3632
sections 4511.61 to 4511.63 of the Revised Code or a similar law	3633
of another state or foreign jurisdiction within three years of the	3634
first such conviction, not less than one hundred twenty days;	3635

(9) Upon a third or subsequent conviction involving the	3636
operation of a commercial motor vehicle in violation of any	3637
provisions of sections 4511.61 to 4511.63 of the Revised Code or a	3638
similar law of another state or foreign jurisdiction within three	3639
years of the first such conviction, not less than one year;	3640

(10) Upon receiving notification from the federal motor	3641
carrier safety administration, the registrar shall disqualify any	3642
commercial motor vehicle driver whose driving is determined to	3643
constitute an imminent hazard as defined under federal motor	3644
carrier safety regulation 49 C.F.R. 383.52.	3645

(C)(E) For the purposes of this section, conviction of a	3646
violation for which disqualification is required may be evidenced	3647
by any of the following:	3648

(1) A judgment entry of a court of competent jurisdiction in	3649
this or any other state;	3650

(2) An administrative order of a state agency of this or any	3651
other state having statutory jurisdiction over commercial drivers;	3652

(3) A computer record obtained from or through the commercial	3653
driver's license information system;	3654

(4) A computer record obtained from or through a state agency	3655
of this or any other state having statutory jurisdiction over	3656
commercial drivers or the records of commercial drivers.	3657

(D)(F) For purposes of this section, conviction of	3658
disqualifying offenses committed in a noncommercial motor vehicle	3659
are included if either of the following applies:	3660

(1) The offense occurred after the person obtained the	3661
person's commercial driver's license.	3662

(2) The offense occurs on or after September 30, 2005.

3663

(G) If a person commits a serious traffic violation by	3664
operating a commercial motor vehicle without having a commercial	3665
driver's license in the person's possession as described in	3666
division (DD)(7) of section 4506.01 of the Revised Code and the	3667
person then submits proof to either the enforcement agency that	3668
issued the citation for the violation or to the court with	3669
jurisdiction over the case before the date of the person's initial	3670
appearance that shows that the person held a valid commercial	3671
driver's license at the time of the violation, the violation shall	3672
not be deemed to be a serious traffic violation.	3673

(H) Any record described in division (C) of this section	3674
shall be deemed to be self-authenticating when it is received by	3675
the bureau of motor vehicles.	3676

(E)(I) When disqualifying a driver, the registrar shall cause	3677
the records of the bureau to be updated to reflect that action	3678
within ten days after it occurs.	3679

(F)(J) The registrar immediately shall notify a driver who is	3680
finally convicted of any offense described in section 4506.15 of	3681
the Revised Code or division (B)(3), (4), (5), or (6) of this	3682
section and thereby is subject to disqualification, of the offense	3683
or offenses involved, of the length of time for which	3684
disqualification is to be imposed, and that the driver may request	3685
a hearing within thirty days of the mailing of the notice to show	3686
cause why the driver should not be disqualified from operating a	3687
commercial motor vehicle. If a request for such a hearing is not	3688
made within thirty days of the mailing of the notice, the order of	3689
disqualification is final. The registrar may designate hearing	3690
examiners who, after affording all parties reasonable notice,	3691
shall conduct a hearing to determine whether the disqualification	3692
order is supported by reliable evidence. The registrar shall adopt	3693
rules to implement this division.	3694

(G)(K) Any person who is disqualified from operating a	3695
commercial motor vehicle under this section may apply to the	3696
registrar for a driver's license to operate a motor vehicle other	3697
than a commercial motor vehicle, provided the person's commercial	3698
driver's license is not otherwise suspended. A person whose	3699
commercial driver's license is suspended shall not apply to the	3700
registrar for or receive a driver's license under Chapter 4507. of	3701
the Revised Code during the period of suspension.	3702

(H)(L) The disqualifications imposed under this section are	3703
in addition to any other penalty imposed by the Revised Code.	3704

Sec. 4506.17.  (A) Any person who drivesholds a commercial	3705
driver's license or operates a commercial motor vehicle requiring	3706
a commercial driver's license within this state shall be deemed to	3707
have given consent to a test or tests of the person's whole blood,	3708
blood serum or plasma, breath, or urine for the purpose of	3709
determining the person's alcohol concentration or the presence of	3710
any controlled substance.	3711

(B) A test or tests as provided in division (A) of this	3712
section may be administered at the direction of a peace officer	3713
having reasonable ground to stop or detain the person and, after	3714
investigating the circumstances surrounding the operation of the	3715
commercial motor vehicle, also having reasonable ground to believe	3716
the person was driving the commercial vehicle while having a	3717
measurable or detectable amount of alcohol or of a controlled	3718
substance in the person's whole blood, blood serum or plasma,	3719
breath, or urine. Any such test shall be given within two hours of	3720
the time of the alleged violation.	3721

(C) A person requested to submit to a test under division (A)	3722
of this section shall be advised by the peace officer requesting	3723
the test that a refusal to submit to the test will result in the	3724
person immediately being placed out-of-service for a period of	3725
twenty-four hours and being disqualified from operating a	3726
commercial motor vehicle for a period of not less than one year,	3727
and that the person is required to surrender the person's	3728
commercial driver's license to the peace officer.	3729

(D) If a person refuses to submit to a test after being	3730
warned as provided in division (C) of this section or submits to a	3731
test that discloses the presence of a controlled substance or, an	3732
alcohol concentration of four-hundredths of one per cent or more	3733
by whole blood or breath, an alcohol concentration of	3734
forty-eight-thousandths of one per cent or more by blood serum or	3735
blood plasma, or an alcohol concentration of fifty-six-thousandths	3736
of one per cent or more by urine, the person immediately shall	3737
surrender the person's commercial driver's license to the peace	3738
officer. The peace officer shall forward the license, together	3739
with a sworn report, to the registrar of motor vehicles certifying	3740
that the test was requested pursuant to division (A) of this	3741
section and that the person either refused to submit to testing or	3742
submitted to a test that disclosed the presence of a controlled	3743
substance or ana prohibited alcohol concentration of	3744
four-hundredths of one per cent or more. The form and contents of	3745
the report required by this section shall be established by the	3746
registrar by rule, but shall contain the advice to be read to the	3747
driver and a statement to be signed by the driver acknowledging	3748
that the driver has been read the advice and that the form was	3749
shown to the driver.	3750

(E) Upon receipt of a sworn report from a peace officer as	3751
provided in division (D) of this section, the registrar shall	3752
disqualify the person named in the report from driving a	3753
commercial motor vehicle for the period described below:	3754

(1) Upon a first incident, one year;

3755

(2) Upon an incident of refusal or of a prohibited	3756
concentration of alcohol after one or more previous incidents of	3757
either refusal or of a prohibited concentration of alcohol, the	3758
person shall be disqualified for life or such lesser period as	3759
prescribed by rule by the registrar.	3760

(F) A test of a person's whole blood or a person's blood	3761
serum or plasma given under this section shall comply with the	3762
applicable provisions of division (D) of section 4511.19 of the	3763
Revised Code and any physician, registered nurse, or qualified	3764
technician, chemist, or phlebotomist who withdraws whole blood or	3765
blood serum or plasma from a person under this section, and any	3766
hospital, first-aid station, clinic, or other facility at which	3767
whole blood or blood serum or plasma is withdrawn from a person	3768
pursuant to this section, is immune from criminal liability, and	3769
from civil liability that is based upon a claim of assault and	3770
battery or based upon any other claim of malpractice, for any act	3771
performed in withdrawing whole blood or blood serum or plasma from	3772
the person.	3773

(G) When a person submits to a test under this section, the	3774
results of the test, at the person's request, shall be made	3775
available to the person, the person's attorney, or the person's	3776
agent, immediately upon completion of the chemical test analysis.	3777
The person also may have an additional test administered by a	3778
physician, a registered nurse, or a qualified technician, chemist,	3779
or phlebotomist of the person's own choosing as provided in	3780
division (D) of section 4511.19 of the Revised Code for tests	3781
administered under that section, and the failure to obtain such a	3782
test has the same effect as in that division.	3783

(H) No person shall refuse to immediately surrender the	3784
person's commercial driver's license to a peace officer when	3785
required to do so by this section.	3786

(I) A peace officer issuing an out-of-service order or	3787
receiving a commercial driver's license surrendered under this	3788
section may remove or arrange for the removal of any commercial	3789
motor vehicle affected by the issuance of that order or the	3790
surrender of that license.	3791

(J)(1) Except for civil actions arising out of the operation	3792
of a motor vehicle and civil actions in which the state is a	3793
plaintiff, no peace officer of any law enforcement agency within	3794
this state is liable in compensatory damages in any civil action	3795
that arises under the Revised Code or common law of this state for	3796
an injury, death, or loss to person or property caused in the	3797
performance of official duties under this section and rules	3798
adopted under this section, unless the officer's actions were	3799
manifestly outside the scope of the officer's employment or	3800
official responsibilities, or unless the officer acted with	3801
malicious purpose, in bad faith, or in a wanton or reckless	3802
manner.	3803

(2) Except for civil actions that arise out of the operation	3804
of a motor vehicle and civil actions in which the state is a	3805
plaintiff, no peace officer of any law enforcement agency within	3806
this state is liable in punitive or exemplary damages in any civil	3807
action that arises under the Revised Code or common law of this	3808
state for any injury, death, or loss to person or property caused	3809
in the performance of official duties under this section of the	3810
Revised Code and rules adopted under this section, unless the	3811
officer's actions were manifestly outside the scope of the	3812
officer's employment or official responsibilities, or unless the	3813
officer acted with malicious purpose, in bad faith, or in a wanton	3814
or reckless manner.	3815

(K) When disqualifying a driver, the registrar shall cause	3816
the records of the bureau of motor vehicles to be updated to	3817
reflect the disqualification within ten days after it occurs.	3818

(L) The registrar immediately shall notify a driver who is	3819
subject to disqualification of the disqualification, of the length	3820
of the disqualification, and that the driver may request a hearing	3821
within thirty days of the mailing of the notice to show cause why	3822
the driver should not be disqualified from operating a commercial	3823
motor vehicle. If a request for such a hearing is not made within	3824
thirty days of the mailing of the notice, the order of	3825
disqualification is final. The registrar may designate hearing	3826
examiners who, after affording all parties reasonable notice,	3827
shall conduct a hearing to determine whether the disqualification	3828
order is supported by reliable evidence. The registrar shall adopt	3829
rules to implement this division.	3830

(M) Any person who is disqualified from operating a	3831
commercial motor vehicle under this section may apply to the	3832
registrar for a driver's license to operate a motor vehicle other	3833
than a commercial motor vehicle, provided the person's commercial	3834
driver's license is not otherwise suspended. A person whose	3835
commercial driver's license is suspended shall not apply to the	3836
registrar for or receive a driver's license under Chapter 4507. of	3837
the Revised Code during the period of suspension.	3838

(N) Whoever violates division (H) of this section is guilty	3839
of a misdemeanor of the first degree.	3840

Sec. 4506.20.  (A) Each employer shall require every	3841
applicant for employment as a driver of a commercial motor vehicle	3842
to provide the applicant's employment history for the ten years	3843
preceding the date the employment application is submitted to the	3844
prospective employer. The following information specified in	3845
section 4506.20 of the Revised Codeshall be submitted:	3846

(1) A list of the names and addresses of the applicant's	3847
previous employers for which the applicant was the operator of a	3848
commercial motor vehicle;	3849

(2) The dates the applicant was employed by these employers;

3850

(3) The reason for leaving each of these employers.

3851

(B) No employer shall knowingly permit or authorize any	3852
driver employed by the employer to drive a commercial motor	3853
vehicle during any period in which any of the following apply:	3854

(1) The driver's commercial driver's license is suspended,	3855
revoked, or canceled by any state or a foreign jurisdiction;	3856

(2) The driver has lost the privilege to drive, or currently	3857
is disqualified from driving, a commercial motor vehicle in any	3858
state or foreign jurisdiction;	3859

(3) The driver, the commercial motor vehicle the driver is	3860
driving, or the motor carrier operation is subject to an	3861
out-of-service order in any state or foreign jurisdiction;	3862

(4) The driver has more than one driver's license.

3863

(C) No employer shall knowingly permit or authorize a driver	3864
to operate a commercial motor vehicle in violation of section	3865
4506.15 of the Revised Code.	3866

(D)(1) Whoever violates division (A) or (B) of this section	3867
is guilty of a misdemeanor of the first degree.	3868

(2) Whoever violates division (C) of this section may be	3869
assessed a fine not to exceed ten thousand dollars.	3870

Sec. 4506.23.  Within the jurisdictional limits of histhe	3871
appointing authority, any peace officer shall stop and detain any	3872
person found violating section 4506.15 of the Revised Code,	3873
without obtaining a warrant. When there is reasonable ground to	3874
believe that a violation of section 4506.15 of the Revised Code	3875
has been committed and a test or tests of the person's whole	3876
blood, blood plasma or blood serum, breath, or urine is necessary,	3877
the peace officer shall take the person to an appropriate place	3878
for testing. If a person refuses to submit to a test after being	3879
warned as provided in division (C) of section 4506.17 of the	3880
Revised Code or submits to a test that discloses the presence of a	3881
controlled substance or an alcohol concentration of	3882
four-hundredths of one per cent or more by whole blood or breath,	3883
an alcohol concentration of forty-eight-thousandths of one per	3884
cent or more by blood serum or blood plasma, or an alcohol	3885
concentration of fifty-six-thousandths of one per cent or more by	3886
urine, the peace officer shall require that the person immediately	3887
surrender histhe person's commercial driver's license to the	3888
peace officer.	3889

As used in this section, "jurisdictional limits" means the	3890
limits within which a peace officer may arrest and detain a person	3891
without a warrant under section 2935.03 of the Revised Code,	3892
except that the superintendent and the troopers of the state	3893
highway patrol may stop and detain, without warrant, any person	3894
who, in the presence of the superintendent or any trooper, is	3895
engaged in the violation of this chapter.	3896

Sec. 4506.25.  (A) As used in this section:

3897

(1), "Commercialcommercial motor vehicle" means any	3898
self-propelled or towed vehicle used on public highways in	3899
intrastate or interstate commerce to transport passengers or	3900
property that meets any of the following specifications:	3901

(a)(1) The vehicle has a gross vehicle weight rating or gross	3902
combination weight rating of ten thousand one pounds or more.	3903

(b)(2) The vehicle is designed to transport sixteen or more	3904
passengers, including the driver.	3905

(c)(3) The vehicle is used in the transportation of hazardous	3906
materials in a quantity requiring placarding under the regulations	3907
issued by the United States secretary of transportation under the	3908
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	3909
U.S.C.A. 1801, as amended.	3910

(2) "Out-of-service order" means a declaration by an	3911
authorized enforcement officer of a federal, state, local,	3912
Canadian, or Mexican jurisdiction declaring that a driver,	3913
commercial motor vehicle, or commercial motor carrier operation is	3914
out of service pursuant to 49 C.F.R. 386.72, 392.5, 395.13, or	3915
396.9, as amended, laws equivalent to those provisions, or the	3916
North American uniform out-of-service criteria.	3917

(B) The registrar of motor vehicles shall disqualify any	3918
person from operating a commercial motor vehicle who receives a	3919
notice of a conviction for violation of an out-of-service order	3920
issued under rules of the public utilities commission adopted	3921
pursuant to section 4919.79, 4921.04, or 4923.20 of the Revised	3922
Code, or a conviction for a violation of the same or similar laws	3923
of another state or jurisdiction applicable to vehicles in	3924
regulated commerce.	3925

Sec. 4507.02.  (A)(1) No person shall permit the operation of	3926
a motor vehicle upon any public or private property used by the	3927
public for purposes of vehicular travel or parking knowing the	3928
operator does not have a valid driver's license issued to the	3929
operator by the registrar of motor vehicles under this chapter or	3930
a valid commercial driver's license issued under Chapter 4506. of	3931
the Revised Code. Whoever violates this division is guilty of a	3932
misdemeanor of the first degree.	3933

(2) No person shall receive a driver's license, or a	3934
motorcycle operator's endorsement of a driver's or commercial	3935
driver's license, unless and until the person surrenders to the	3936
registrar all valid licenses issued to the person by another	3937
jurisdiction recognized by this state. All surrendered licenses	3938
shall be returned by theThe registrar shall report the surrender	3939
of a license to the issuing authority, together with information	3940
that a license is now issued in this state. The registrar shall	3941
destroy any such license that is not returned to the issuing	3942
authority. No person shall be permitted to have more than one	3943
valid license at any time.	3944

(B)(1) If a person is convicted of a violation of section	3945
4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or if	3946
division (F) of section 4507.164 of the Revised Code applies, the	3947
trial judge of any court, in addition to or independent of, any	3948
other penalties provided by law or ordinance, shall impound the	3949
identification license plates of any motor vehicle registered in	3950
the name of the person. The court shall send the impounded license	3951
plates to the registrar, who may retain the license plates until	3952
the driver's or commercial driver's license of the owner has been	3953
reinstated or destroy them pursuant to section 4503.232 of the	3954
Revised Code.	3955

If the license plates of a person convicted of a violation of	3956
any provision of those sections have been impounded in accordance	3957
with the provisions of this division, the court shall notify the	3958
registrar of that action. The notice shall contain the name and	3959
address of the driver, the serial number of the driver's driver's	3960
or commercial driver's license, the serial numbers of the license	3961
plates of the motor vehicle, and the length of time for which the	3962
license plates have been impounded. The registrar shall record the	3963
data in the notice as part of the driver's permanent record.	3964

(2) Any motor vehicle owner who has had the license plates of	3965
a motor vehicle impounded pursuant to division (B)(1) of this	3966
section may apply to the registrar, or to a deputy registrar, for	3967
restricted license plates that shall conform to the requirements	3968
of section 4503.231 of the Revised Code. The registrar or deputy	3969
registrar forthwith shall notify the court of the application and,	3970
upon approval of the court, shall issue restricted license plates	3971
to the applicant. Until the driver's or commercial driver's	3972
license of the owner is reinstated, any new license plates issued	3973
to the owner also shall conform to the requirements of section	3974
4503.231 of the Revised Code.	3975

The registrar or deputy registrar shall charge the owner of a	3976
vehicle the fees provided in section 4503.19 of the Revised Code	3977
for restricted license plates that are issued in accordance with	3978
this division, except upon renewal as specified in section 4503.10	3979
of the Revised Code, when the regular fee as provided in section	3980
4503.04 of the Revised Code shall be charged. The registrar or	3981
deputy registrar shall charge the owner of a vehicle the fees	3982
provided in section 4503.19 of the Revised Code whenever	3983
restricted license plates are exchanged, by reason of the	3984
reinstatement of the driver's or commercial driver's license of	3985
the owner, for those ordinarily issued.	3986

(3) If an owner wishes to sell a motor vehicle during the	3987
time the restricted license plates provided under division (B)(2)	3988
of this section are in use, the owner may apply to the court that	3989
impounded the license plates of the motor vehicle for permission	3990
to transfer title to the motor vehicle. If the court is satisfied	3991
that the sale will be made in good faith and not for the purpose	3992
of circumventing the provisions of this section, it may certify	3993
its consent to the owner and to the registrar of motor vehicles	3994
who shall enter notice of the transfer of the title of the motor	3995
vehicle in the vehicle registration record.	3996

If, during the time the restricted license plates provided	3997
under division (B)(2) of this section are in use, the title to a	3998
motor vehicle is transferred by the foreclosure of a chattel	3999
mortgage, a sale upon execution, the cancellation of a conditional	4000
sales contract, or by order of a court, the court shall notify the	4001
registrar of the action and the registrar shall enter notice of	4002
the transfer of the title to the motor vehicle in the vehicle	4003
registration record.	4004

(C) This section is not intended to change or modify any	4005
provision of Chapter 4503. of the Revised Code with respect to the	4006
taxation of motor vehicles or the time within which the taxes on	4007
motor vehicles shall be paid.	4008

Sec. 4508.06. (A) The director of public safety may refuse to	4009
issue, or may suspend or revoke, a license or may impose a fine of	4010
not more than ten thousand dollars per occurrence in any case in	4011
which the director finds the applicant or licensee has violated	4012
any of the provisions of this chapter, or any of the regulations	4013
rules adopted by the director, or has failed to pay a fine imposed	4014
under this division. No person whose license has been suspended or	4015
revoked under this section shall fail to return the license to the	4016
director.	4017

(B) The director shall deposit all fines collected under	4018
division (A) of this section into the state treasury to the credit	4019
of the state highway safety fund created by section 4501.06 of the	4020
Revised Code.	4021

(C) Whoever violatesfails to return a license that has been	4022
suspended or revoked under division (A) of this section is guilty	4023
of failing to return a suspended or revoked license, a minor	4024
misdemeanor or, on a second or subsequent offense within two years	4025
after the first offense, a misdemeanor of the fourth degree.	4026

Sec. 4508.10. (A) A driver training school shall issue a	4027
certificate of completion to each person who successfully	4028
completes a course of instruction necessary to obtain or maintain	4029
a driver's license. The department of public safety shall provide	4030
each driver training school with the certificate of completion	4031
forms.	4032

(B) The fee for each driver's license certificate of	4033
completion provided by the department to a driver training school	4034
is four dollars. The director of public safety shall deposit the	4035
fees collected under this section into the state treasury to the	4036
credit of the state highway safety fund created in section 4501.16	4037
of the Revised Code.	4038

(C) As used in this section, "driver's license" has the same	4039
meaning as in section 4507.01 of the Revised Code.	4040

Sec. 4509.27. There is hereby created in the state treasury	4041
the security deposit fund. All security deposits that the	4042
registrar of motor vehicles requires to be paid under section	4043
4509.12 of the Revised Code and that the registrar receives shall	4044
be deposited into the fund. Moneys in the fund shall be applied	4045
only to the payment of a judgment for damages arising out of an	4046
accident as provided in section 4509.28 of the Revised Code and to	4047
the return of security deposits as provided in sections 4509.25	4048
and 4509.29 of the Revised Code. All investment earnings on the	4049
cash balance inof the fund shall be credited to the roadwork	4050
development fund created by section 122.14 of the Revised Code.	4051

Sec. 4511.191.  (A)(1) "Physical control" has the same	4052
meaning as in section 4511.194 of the Revised Code.	4053

(2) Any person who operates a vehicle, streetcar, or	4054
trackless trolley upon a highway or any public or private property	4055
used by the public for vehicular travel or parking within this	4056
state or who is in physical control of a vehicle, streetcar, or	4057
trackless trolley shall be deemed to have given consent to a	4058
chemical test or tests of the person's whole blood, blood serum or	4059
plasma, breath, or urine to determine the alcohol, drug, or	4060
alcohol and drug content of the person's whole blood, blood serum	4061
or plasma, breath, or urine if arrested for a violation of	4062
division (A) or (B) of section 4511.19 of the Revised Code,	4063
section 4511.194 of the Revised Code or a substantially equivalent	4064
municipal ordinance, or a municipal OVI ordinance.	4065

(3) The chemical test or tests under division (A)(2) of this	4066
section shall be administered at the request of a law enforcement	4067
officer having reasonable grounds to believe the person was	4068
operating or in physical control of a vehicle, streetcar, or	4069
trackless trolley in violation of a division, section, or	4070
ordinance identified in division (A)(2) of this section. The law	4071
enforcement agency by which the officer is employed shall	4072
designate which of the tests shall be administered.	4073

(4) Any person who is dead or unconscious, or who otherwise	4074
is in a condition rendering the person incapable of refusal, shall	4075
be deemed to have consented as provided in division (A)(2) of this	4076
section, and the test or tests may be administered, subject to	4077
sections 313.12 to 313.16 of the Revised Code.	4078

(B)(1) Upon receipt of the sworn report of a law enforcement	4079
officer who arrested a person for a violation of division (A) or	4080
(B) of section 4511.19 of the Revised Code, section 4511.194 of	4081
the Revised Code or a substantially equivalent municipal	4082
ordinance, or a municipal OVI ordinance that was completed and	4083
sent to the registrar and a court pursuant to section 4511.192 of	4084
the Revised Code in regard to a person who refused to take the	4085
designated chemical test, the registrar shall enter into the	4086
registrar's records the fact that the person's driver's or	4087
commercial driver's license or permit or nonresident operating	4088
privilege was suspended by the arresting officer under this	4089
division and that section and the period of the suspension, as	4090
determined under this section. The suspension shall be subject to	4091
appeal as provided in section 4511.197 of the Revised Code. The	4092
suspension shall be for whichever of the following periods	4093
applies:	4094

(a) Except when division (B)(1)(b), (c), or (d) of this	4095
section applies and specifies a different class or length of	4096
suspension, the suspension shall be a class C suspension for the	4097
period of time specified in division (B)(3) of section 4510.02 of	4098
the Revised Code.	4099

(b) If the arrested person, within six years of the date on	4100
which the person refused the request to consent to the chemical	4101
test, had refused one previous request to consent to a chemical	4102
test, the suspension shall be a class B suspension imposed for the	4103
period of time specified in division (B)(2) of section 4510.02 of	4104
the Revised Code.	4105

(c) If the arrested person, within six years of the date on	4106
which the person refused the request to consent to the chemical	4107
test, had refused two previous requests to consent to a chemical	4108
test, the suspension shall be a class A suspension imposed for the	4109
period of time specified in division (B)(1) of section 4510.02 of	4110
the Revised Code.	4111

(d) If the arrested person, within six years of the date on	4112
which the person refused the request to consent to the chemical	4113
test, had refused three or more previous requests to consent to a	4114
chemical test, the suspension shall be for five years.	4115

(2) The registrar shall terminate a suspension of the	4116
driver's or commercial driver's license or permit of a resident or	4117
of the operating privilege of a nonresident, or a denial of a	4118
driver's or commercial driver's license or permit, imposed	4119
pursuant to division (B)(1) of this section upon receipt of notice	4120
that the person has entered a plea of guilty to, or that the	4121
person has been convicted after entering a plea of no contest to,	4122
operating a vehicle in violation of section 4511.19 of the Revised	4123
Code or in violation of a municipal OVI ordinance, if the offense	4124
for which the conviction is had or the plea is entered arose from	4125
the same incident that led to the suspension or denial.	4126

The registrar shall credit against any judicial suspension of	4127
a person's driver's or commercial driver's license or permit or	4128
nonresident operating privilege imposed pursuant to section	4129
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	4130
Revised Code for a violation of a municipal OVI ordinance, any	4131
time during which the person serves a related suspension imposed	4132
pursuant to division (B)(1) of this section.	4133

(C)(1) Upon receipt of the sworn report of the law	4134
enforcement officer who arrested a person for a violation of	4135
division (A) or (B) of section 4511.19 of the Revised Code or a	4136
municipal OVI ordinance that was completed and sent to the	4137
registrar and a court pursuant to section 4511.192 of the Revised	4138
Code in regard to a person whose test results indicate that the	4139
person's whole blood, blood serum or plasma, breath, or urine	4140
contained at least the concentration of alcohol specified in	4141
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	4142
Revised Code, the registrar shall enter into the registrar's	4143
records the fact that the person's driver's or commercial driver's	4144
license or permit or nonresident operating privilege was suspended	4145
by the arresting officer under this division and section 4511.192	4146
of the Revised Code and the period of the suspension, as	4147
determined under divisions (F)(1) to (4) of this section. The	4148
suspension shall be subject to appeal as provided in section	4149
4511.197 of the Revised Code. The suspension described in this	4150
division does not apply to, and shall not be imposed upon, a	4151
person arrested for a violation of section 4511.194 of the Revised	4152
Code or a substantially equivalent municipal ordinance who submits	4153
to a designated chemical test. The suspension shall be for	4154
whichever of the following periods applies:	4155

(a) Except when division (C)(1)(b), (c), or (d) of this	4156
section applies and specifies a different period, the suspension	4157
shall be a class E suspension imposed for the period of time	4158
specified in division (B)(5) of section 4510.02 of the Revised	4159
Code.	4160

(b) The suspension shall be a class C suspension for the	4161
period of time specified in division (B)(3) of section 4510.02 of	4162
the Revised Code if the person has been convicted of or pleaded	4163
guilty to, within six years of the date the test was conducted,	4164
one violation of division (A) or (B) of section 4511.19 of the	4165
Revised Code or one other equivalent offense.	4166

(c) If, within six years of the date the test was conducted,	4167
the person has been convicted of or pleaded guilty to two	4168
violations of a statute or ordinance described in division	4169
(C)(1)(b) of this section, the suspension shall be a class B	4170
suspension imposed for the period of time specified in division	4171
(B)(2) of section 4510.02 of the Revised Code.	4172

(d) If, within six years of the date the test was conducted,	4173
the person has been convicted of or pleaded guilty to more than	4174
two violations of a statute or ordinance described in division	4175
(C)(1)(b) of this section, the suspension shall be a class A	4176
suspension imposed for the period of time specified in division	4177
(B)(1) of section 4510.02 of the Revised Code.	4178

(2) The registrar shall terminate a suspension of the	4179
driver's or commercial driver's license or permit of a resident or	4180
of the operating privilege of a nonresident, or a denial of a	4181
driver's or commercial driver's license or permit, imposed	4182
pursuant to division (C)(1) of this section upon receipt of notice	4183
that the person has entered a plea of guilty to, or that the	4184
person has been convicted after entering a plea of no contest to,	4185
operating a vehicle in violation of section 4511.19 of the Revised	4186
Code or in violation of a municipal OVI ordinance, if the offense	4187
for which the conviction is had or the plea is entered arose from	4188
the same incident that led to the suspension or denial.	4189

The registrar shall credit against any judicial suspension of	4190
a person's driver's or commercial driver's license or permit or	4191
nonresident operating privilege imposed pursuant to section	4192
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	4193
Revised Code for a violation of a municipal OVI ordinance, any	4194
time during which the person serves a related suspension imposed	4195
pursuant to division (C)(1) of this section.	4196

(D)(1) A suspension of a person's driver's or commercial	4197
driver's license or permit or nonresident operating privilege	4198
under this section for the time described in division (B) or (C)	4199
of this section is effective immediately from the time at which	4200
the arresting officer serves the notice of suspension upon the	4201
arrested person. Any subsequent finding that the person is not	4202
guilty of the charge that resulted in the person being requested	4203
to take the chemical test or tests under division (A) of this	4204
section does not affect the suspension.	4205

(2) If a person is arrested for operating a vehicle,	4206
streetcar, or trackless trolley in violation of division (A) or	4207
(B) of section 4511.19 of the Revised Code or a municipal OVI	4208
ordinance, or for being in physical control of a vehicle,	4209
streetcar, or trackless trolley in violation of section 4511.194	4210
of the Revised Code or a substantially equivalent municipal	4211
ordinance, regardless of whether the person's driver's or	4212
commercial driver's license or permit or nonresident operating	4213
privilege is or is not suspended under division (B) or (C) of this	4214
section or Chapter 4510. of the Revised Code, the person's initial	4215
appearance on the charge resulting from the arrest shall be held	4216
within five days of the person's arrest or the issuance of the	4217
citation to the person, subject to any continuance granted by the	4218
court pursuant to section 4511.197 of the Revised Code regarding	4219
the issues specified in that division.	4220

(E) When it finally has been determined under the procedures	4221
of this section and sections 4511.192 throughto 4511.197 of the	4222
Revised Code that a nonresident's privilege to operate a vehicle	4223
within this state has been suspended, the registrar shall give	4224
information in writing of the action taken to the motor vehicle	4225
administrator of the state of the person's residence and of any	4226
state in which the person has a license.	4227

(F) At the end of a suspension period under this section,	4228
under section 4511.194, section 4511.196, or division (G) of	4229
section 4511.19 of the Revised Code, or under section 4510.07 of	4230
the Revised Code for a violation of a municipal OVI ordinance and	4231
upon the request of the person whose driver's or commercial	4232
driver's license or permit was suspended and who is not otherwise	4233
subject to suspension, cancellation, or disqualification, the	4234
registrar shall return the driver's or commercial driver's license	4235
or permit to the person upon the occurrence of all of the	4236
conditions specified in divisions (F)(1) and (2) of this section:	4237

(1) A showing that the person has proof of financial	4238
responsibility, a policy of liability insurance in effect that	4239
meets the minimum standards set forth in section 4509.51 of the	4240
Revised Code, or proof, to the satisfaction of the registrar, that	4241
the person is able to respond in damages in an amount at least	4242
equal to the minimum amounts specified in section 4509.51 of the	4243
Revised Code.	4244

(2) Subject to the limitation contained in division (F)(3) of	4245
this section, payment by the person to the bureau of motor	4246
vehicles of a license reinstatement fee of four hundred	4247
twenty-five dollars, which fee shall be deposited in the state	4248
treasury and credited as follows:	4249

(a) One hundred twelve dollars and fifty cents shall be	4250
credited to the statewide treatment and prevention fund created by	4251
section 4301.30 of the Revised Code. The fund shall be used to pay	4252
the costs of driver treatment and intervention programs operated	4253
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	4254
director of alcohol and drug addiction services shall determine	4255
the share of the fund that is to be allocated to alcohol and drug	4256
addiction programs authorized by section 3793.02 of the Revised	4257
Code, and the share of the fund that is to be allocated to	4258
drivers' intervention programs authorized by section 3793.10 of	4259
the Revised Code.	4260

(b) Seventy-five dollars shall be credited to the reparations	4261
fund created by section 2743.191 of the Revised Code.	4262

(c) Thirty-seven dollars and fifty cents shall be credited to	4263
the indigent drivers alcohol treatment fund, which is hereby	4264
established. Except as otherwise provided in division (F)(2)(c) of	4265
this section, moneys in the fund shall be distributed by the	4266
department of alcohol and drug addiction services to the county	4267
indigent drivers alcohol treatment funds, the county juvenile	4268
indigent drivers alcohol treatment funds, and the municipal	4269
indigent drivers alcohol treatment funds that are required to be	4270
established by counties and municipal corporations pursuant to	4271
this section, and shall be used only to pay the cost of an alcohol	4272
and drug addiction treatment program attended by an offender or	4273
juvenile traffic offender who is ordered to attend an alcohol and	4274
drug addiction treatment program by a county, juvenile, or	4275
municipal court judge and who is determined by the county,	4276
juvenile, or municipal court judge not to have the means to pay	4277
for the person's attendance at the program or to pay the costs	4278
specified in division (H)(4) of this section in accordance with	4279
that division. Moneys in the fund that are not distributed to a	4280
county indigent drivers alcohol treatment fund, a county juvenile	4281
indigent drivers alcohol treatment fund, or a municipal indigent	4282
drivers alcohol treatment fund under division (H) of this section	4283
because the director of alcohol and drug addiction services does	4284
not have the information necessary to identify the county or	4285
municipal corporation where the offender or juvenile offender was	4286
arrested may be transferred by the director of budget and	4287
management to the statewide treatment and prevention fund created	4288
by section 4301.30 of the Revised Code, upon certification of the	4289
amount by the director of alcohol and drug addiction services.	4290

(d) Seventy-five dollars shall be credited to the Ohio	4291
rehabilitation services commission established by section 3304.12	4292
of the Revised Code, to the services for rehabilitation fund,	4293
which is hereby established. The fund shall be used to match	4294
available federal matching funds where appropriate, and for any	4295
other purpose or program of the commission to rehabilitate people	4296
with disabilities to help them become employed and independent.	4297

(e) Seventy-five dollars shall be deposited into the state	4298
treasury and credited to the drug abuse resistance education	4299
programs fund, which is hereby established, to be used by the	4300
attorney general for the purposes specified in division (L)(F)(4)	4301
of this section.	4302

(f) Thirty dollars shall be credited to the state bureau of	4303
motor vehicles fund created by section 4501.25 of the Revised	4304
Code.	4305

(g) Twenty dollars shall be credited to the trauma and	4306
emergency medical services grants fund created by section 4513.263	4307
of the Revised Code.	4308

(3) If a person's driver's or commercial driver's license or	4309
permit is suspended under this section, under section 4511.196 or	4310
division (G) of section 4511.19 of the Revised Code, under section	4311
4510.07 of the Revised Code for a violation of a municipal OVI	4312
ordinance or under any combination of the suspensions described in	4313
division (F)(3) of this section, and if the suspensions arise from	4314
a single incident or a single set of facts and circumstances, the	4315
person is liable for payment of, and shall be required to pay to	4316
the bureau, only one reinstatement fee of four hundred twenty-five	4317
dollars. The reinstatement fee shall be distributed by the bureau	4318
in accordance with division (F)(2) of this section.	4319

(4) The attorney general shall use amounts in the drug abuse	4320
resistance education programs fund to award grants to law	4321
enforcement agencies to establish and implement drug abuse	4322
resistance education programs in public schools. Grants awarded to	4323
a law enforcement agency under this section shall be used by the	4324
agency to pay for not more than fifty per cent of the amount of	4325
the salaries of law enforcement officers who conduct drug abuse	4326
resistance education programs in public schools. The attorney	4327
general shall not use more than six per cent of the amounts the	4328
attorney general's office receives under division (F)(2)(e) of	4329
this section to pay the costs it incurs in administering the grant	4330
program established by division (F)(2)(e) of this section and in	4331
providing training and materials relating to drug abuse resistance	4332
education programs.	4333

The attorney general shall report to the governor and the	4334
general assembly each fiscal year on the progress made in	4335
establishing and implementing drug abuse resistance education	4336
programs. These reports shall include an evaluation of the	4337
effectiveness of these programs.	4338

(G) Suspension of a commercial driver's license under	4339
division (B) or (C) of this section shall be concurrent with any	4340
period of disqualification under section 3123.611 or 4506.16 of	4341
the Revised Code or any period of suspension under section 3123.58	4342
of the Revised Code. No person who is disqualified for life from	4343
holding a commercial driver's license under section 4506.16 of the	4344
Revised Code shall be issued a driver's license under Chapter	4345
4507. of the Revised Code during the period for which the	4346
commercial driver's license was suspended under division (B) or	4347
(C) of this section. No person whose commercial driver's license	4348
is suspended under division (B) or (C) of this section shall be	4349
issued a driver's license under Chapter 4507. of the Revised Code	4350
during the period of the suspension.	4351

(H)(1) Each county shall establish an indigent drivers	4352
alcohol treatment fund, each county shall establish a juvenile	4353
indigent drivers alcohol treatment fund, and each municipal	4354
corporation in which there is a municipal court shall establish an	4355
indigent drivers alcohol treatment fund. All revenue that the	4356
general assembly appropriates to the indigent drivers alcohol	4357
treatment fund for transfer to a county indigent drivers alcohol	4358
treatment fund, a county juvenile indigent drivers alcohol	4359
treatment fund, or a municipal indigent drivers alcohol treatment	4360
fund, all portions of fees that are paid under division (L)(F) of	4361
this section and that are credited under that division to the	4362
indigent drivers alcohol treatment fund in the state treasury for	4363
a county indigent drivers alcohol treatment fund, a county	4364
juvenile indigent drivers alcohol treatment fund, or a municipal	4365
indigent drivers alcohol treatment fund, and all portions of fines	4366
that are specified for deposit into a county or municipal indigent	4367
drivers alcohol treatment fund by section 4511.193 of the Revised	4368
Code shall be deposited into that county indigent drivers alcohol	4369
treatment fund, county juvenile indigent drivers alcohol treatment	4370
fund, or municipal indigent drivers alcohol treatment fund in	4371
accordance with division (H)(2) of this section. Additionally, all	4372
portions of fines that are paid for a violation of section 4511.19	4373
of the Revised Code or of any prohibition contained in Chapter	4374
4510. of the Revised Code, and that are required under section	4375
4511.19 or any provision of Chapter 4510. of the Revised Code to	4376
be deposited into a county indigent drivers alcohol treatment fund	4377
or municipal indigent drivers alcohol treatment fund shall be	4378
deposited into the appropriate fund in accordance with the	4379
applicable division.	4380

(2) That portion of the license reinstatement fee that is	4381
paid under division (F) of this section and that is credited under	4382
that division to the indigent drivers alcohol treatment fund shall	4383
be deposited into a county indigent drivers alcohol treatment	4384
fund, a county juvenile indigent drivers alcohol treatment fund,	4385
or a municipal indigent drivers alcohol treatment fund as follows:	4386

(a) If the suspension in question was imposed under this	4387
section, that portion of the fee shall be deposited as follows:	4388

(i) If the fee is paid by a person who was charged in a	4389
county court with the violation that resulted in the suspension,	4390
the portion shall be deposited into the county indigent drivers	4391
alcohol treatment fund under the control of that court;	4392

(ii) If the fee is paid by a person who was charged in a	4393
juvenile court with the violation that resulted in the suspension,	4394
the portion shall be deposited into the county juvenile indigent	4395
drivers alcohol treatment fund established in the county served by	4396
the court;	4397

(iii) If the fee is paid by a person who was charged in a	4398
municipal court with the violation that resulted in the	4399
suspension, the portion shall be deposited into the municipal	4400
indigent drivers alcohol treatment fund under the control of that	4401
court.	4402

(b) If the suspension in question was imposed under section	4403
4511.19 of the Revised Code or under section 4510.07 of the	4404
Revised Code for a violation of a municipal OVI ordinance, that	4405
portion of the fee shall be deposited as follows:	4406

(i) If the fee is paid by a person whose license or permit	4407
was suspended by a county court, the portion shall be deposited	4408
into the county indigent drivers alcohol treatment fund under the	4409
control of that court;	4410

(ii) If the fee is paid by a person whose license or permit	4411
was suspended by a municipal court, the portion shall be deposited	4412
into the municipal indigent drivers alcohol treatment fund under	4413
the control of that court.	4414

(3) Expenditures from a county indigent drivers alcohol	4415
treatment fund, a county juvenile indigent drivers alcohol	4416
treatment fund, or a municipal indigent drivers alcohol treatment	4417
fund shall be made only upon the order of a county, juvenile, or	4418
municipal court judge and only for payment of the cost of the	4419
attendance at an alcohol and drug addiction treatment program of a	4420
person who is convicted of, or found to be a juvenile traffic	4421
offender by reason of, a violation of division (A) of section	4422
4511.19 of the Revised Code or a substantially similar municipal	4423
ordinance, who is ordered by the court to attend the alcohol and	4424
drug addiction treatment program, and who is determined by the	4425
court to be unable to pay the cost of attendance at the treatment	4426
program or for payment of the costs specified in division (H)(4)	4427
of this section in accordance with that division. The alcohol and	4428
drug addiction services board or the board of alcohol, drug	4429
addiction, and mental health services established pursuant to	4430
section 340.02 or 340.021 of the Revised Code and serving the	4431
alcohol, drug addiction, and mental health service district in	4432
which the court is located shall administer the indigent drivers	4433
alcohol treatment program of the court. When a court orders an	4434
offender or juvenile traffic offender to attend an alcohol and	4435
drug addiction treatment program, the board shall determine which	4436
program is suitable to meet the needs of the offender or juvenile	4437
traffic offender, and when a suitable program is located and space	4438
is available at the program, the offender or juvenile traffic	4439
offender shall attend the program designated by the board. A	4440
reasonable amount not to exceed five per cent of the amounts	4441
credited to and deposited into the county indigent drivers alcohol	4442
treatment fund, the county juvenile indigent drivers alcohol	4443
treatment fund, or the municipal indigent drivers alcohol	4444
treatment fund serving every court whose program is administered	4445
by that board shall be paid to the board to cover the costs it	4446
incurs in administering those indigent drivers alcohol treatment	4447
programs.	4448

(4) If a county, juvenile, or municipal court determines, in	4449
consultation with the alcohol and drug addiction services board or	4450
the board of alcohol, drug addiction, and mental health services	4451
established pursuant to section 340.02 or 340.021 of the Revised	4452
Code and serving the alcohol, drug addiction, and mental health	4453
district in which the court is located, that the funds in the	4454
county indigent drivers alcohol treatment fund, the county	4455
juvenile indigent drivers alcohol treatment fund, or the municipal	4456
indigent drivers alcohol treatment fund under the control of the	4457
court are more than sufficient to satisfy the purpose for which	4458
the fund was established, as specified in divisions (H)(1) to (3)	4459
of this section, the court may declare a surplus in the fund. If	4460
the court declares a surplus in the fund, the court may expend the	4461
amount of the surplus in the fund for alcohol and drug abuse	4462
assessment and treatment of persons who are charged in the court	4463
with committing a criminal offense or with being a delinquent	4464
child or juvenile traffic offender and in relation to whom both of	4465
the following apply:	4466

(a) The court determines that substance abuse was a	4467
contributing factor leading to the criminal or delinquent activity	4468
or the juvenile traffic offense with which the person is charged.	4469

(b) The court determines that the person is unable to pay the	4470
cost of the alcohol and drug abuse assessment and treatment for	4471
which the surplus money will be used.	4472

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	4473
trackless trolley, or streetcar at a speed greater or less than is	4474
reasonable or proper, having due regard to the traffic, surface,	4475
and width of the street or highway and any other conditions, and	4476
no person shall drive any motor vehicle, trackless trolley, or	4477
streetcar in and upon any street or highway at a greater speed	4478
than will permit the person to bring it to a stop within the	4479
assured clear distance ahead.	4480

(B) It is prima-facie lawful, in the absence of a lower limit	4481
declared pursuant to this section by the director of	4482
transportation or local authorities, for the operator of a motor	4483
vehicle, trackless trolley, or streetcar to operate the same at a	4484
speed not exceeding the following:	4485

(1)(a) Twenty miles per hour in school zones during school	4486
recess and while children are going to or leaving school during	4487
the opening or closing hours, and when twenty miles per hour	4488
school speed limit signs are erected; except that, on	4489
controlled-access highways and expressways, if the right-of-way	4490
line fence has been erected without pedestrian opening, the speed	4491
shall be governed by division (B)(4) of this section and on	4492
freeways, if the right-of-way line fence has been erected without	4493
pedestrian opening, the speed shall be governed by divisions	4494
(B)(8) and (9) of this section. The end of every school zone may	4495
be marked by a sign indicating the end of the zone. Nothing in	4496
this section or in the manual and specifications for a uniform	4497
system of traffic control devices shall be construed to require	4498
school zones to be indicated by signs equipped with flashing or	4499
other lights, or giving other special notice of the hours in which	4500
the school zone speed limit is in effect.	4501

(b) As used in this section and in section 4511.212 of the	4502
Revised Code, "school" means any school chartered under section	4503
3301.16 of the Revised Code and any nonchartered school that	4504
during the preceding year filed with the department of education	4505
in compliance with rule 3301-35-08 of the Ohio Administrative	4506
Code, a copy of the school's report for the parents of the	4507
school's pupils certifying that the school meets Ohio minimum	4508
standards for nonchartered, nontax-supported schools and presents	4509
evidence of this filing to the jurisdiction from which it is	4510
requesting the establishment of a school zone.	4511

(c) As used in this section, "school zone" means that portion	4512
of a street or highway passing a school fronting upon the street	4513
or highway that is encompassed by projecting the school property	4514
lines to the fronting street or highway, and also includes that	4515
portion of a state highway. Upon request from local authorities	4516
for streets and highways under their jurisdiction and that portion	4517
of a state highway under the jurisdiction of the director of	4518
transportation, the director may extend the traditional school	4519
zone boundaries. The distances in divisions (B)(1)(c)(i), (ii),	4520
and (iii) of this section shall not exceed three hundred feet per	4521
approach per direction and are bounded by whichever of the	4522
following distances or combinations thereof the director approves	4523
as most appropriate:	4524

(i) The distance encompassed by projecting the school	4525
building lines normal to the fronting highway and extending a	4526
distance of three hundred feet on each approach direction;	4527

(ii) The distance encompassed by projecting the school	4528
property lines intersecting the fronting highway and extending a	4529
distance of three hundred feet on each approach direction;	4530

(iii) The distance encompassed by the special marking of the	4531
pavement for a principal school pupil crosswalk plus a distance of	4532
three hundred feet on each approach direction of the highway.	4533

Nothing in this section shall be construed to invalidate the	4534
director's initial action on August 9, 1976, establishing all	4535
school zones at the traditional school zone boundaries defined by	4536
projecting school property lines, except when those boundaries are	4537
extended as provided in divisions (B)(1)(a) and (c) of this	4538
section.	4539

(d) As used in this division, "crosswalk" has the meaning	4540
given that term in division (LL)(2) of section 4511.01 of the	4541
Revised Code.	4542

The director may, upon request by resolution of the	4543
legislative authority of a municipal corporation, the board of	4544
trustees of a township, or a county board of mental retardation	4545
and developmental disabilities created pursuant to Chapter 5126.	4546
of the Revised Code, and upon submission by the municipal	4547
corporation, township, or county board of such engineering,	4548
traffic, and other information as the director considers	4549
necessary, designate a school zone on any portion of a state route	4550
lying within the municipal corporation, lying within the	4551
unincorporated territory of the township, or lying adjacent to the	4552
property of a school that is operated by such county board, that	4553
includes a crosswalk customarily used by children going to or	4554
leaving a school during recess and opening and closing hours,	4555
whenever the distance, as measured in a straight line, from the	4556
school property line nearest the crosswalk to the nearest point of	4557
the crosswalk is no more than one thousand three hundred twenty	4558
feet. Such a school zone shall include the distance encompassed by	4559
the crosswalk and extending three hundred feet on each approach	4560
direction of the state route.	4561

(2) Twenty-five miles per hour in all other portions of a	4562
municipal corporation, except on state routes outside business	4563
districts, through highways outside business districts, and	4564
alleys;	4565

(3) Thirty-five miles per hour on all state routes or through	4566
highways within municipal corporations outside business districts,	4567
except as provided in divisions (B)(4) and (6) of this section;	4568

(4) Fifty miles per hour on controlled-access highways and	4569
expressways within municipal corporations;	4570

(5) Fifty-five miles per hour on highways outside of	4571
municipal corporations, other than freeways as provided in	4572
division (B)(12) of this section;	4573

(6) Fifty miles per hour on state routes within municipal	4574
corporations outside urban districts unless a lower prima-facie	4575
speed is established as further provided in this section;	4576

(7) Fifteen miles per hour on all alleys within the municipal	4577
corporation;	4578

(8) Fifty-five miles per hour at all times on freeways with	4579
paved shoulders inside municipal corporations, other than freeways	4580
as provided in division (B)(12) of this section;	4581

(9) Fifty-five miles per hour at all times on freeways	4582
outside municipal corporations, other than freeways as provided in	4583
division (B)(12) of this section;	4584

(10) Fifty-five miles per hour at all times on all portions	4585
of freeways that are part of the interstate system and on all	4586
portions of freeways that are not part of the interstate system,	4587
but are built to the standards and specifications that are	4588
applicable to freeways that are part of the interstate system for	4589
operators of any motor vehicle weighing in excess of eight	4590
thousand pounds empty weight and any noncommercial bus;	4591

(11) Fifty-five miles per hour for operators of any motor	4592
vehicle weighing eight thousand pounds or less empty weight and	4593
any commercial bus at all times on all portions of freeways that	4594
are part of the interstate system and that had such a speed limit	4595
established prior to October 1, 1995, and freeways that are not	4596
part of the interstate system, but are built to the standards and	4597
specifications that are applicable to freeways that are part of	4598
the interstate system and that had such a speed limit established	4599
prior to October 1, 1995, unless a higher speed limit is	4600
established under division (L) of this section;	4601

(12) Sixty-five miles per hour for operators of any motor	4602
vehicle weighing eight thousand pounds or less empty weight and	4603
any commercial bus at all times on all portions of the following:	4604

(a) Freeways that are part of the interstate system and that	4605
had such a speed limit established prior to October 1, 1995, and	4606
freeways that are not part of the interstate system, but are built	4607
to the standards and specifications that are applicable to	4608
freeways that are part of the interstate system and that had such	4609
a speed limit established prior to October 1, 1995;	4610

(b) Freeways that are part of the interstate system and	4611
freeways that are not part of the interstate system but are built	4612
to the standards and specifications that are applicable to	4613
freeways that are part of the interstate system, and that had such	4614
a speed limit established under division (L) of this section;	4615

(c) Rural, divided, multi-lane highways that are designated	4616
as part of the national highway system under the "National Highway	4617
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	4618
and that had such a speed limit established under division (M) of	4619
this section.	4620

(C) It is prima-facie unlawful for any person to exceed any	4621
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	4622
(6), and (7) of this section, or any declared pursuant to this	4623
section by the director or local authorities and it is unlawful	4624
for any person to exceed any of the speed limitations in division	4625
(D) of this section. No person shall be convicted of more than one	4626
violation of this section for the same conduct, although	4627
violations of more than one provision of this section may be	4628
charged in the alternative in a single affidavit.	4629

(D) No person shall operate a motor vehicle, trackless	4630
trolley, or streetcar upon a street or highway as follows:	4631

(1) At a speed exceeding fifty-five miles per hour, except	4632
upon a freeway as provided in division (B)(12) of this section;	4633

(2) At a speed exceeding sixty-five miles per hour upon a	4634
freeway as provided in division (B)(12) of this section except as	4635
otherwise provided in division (D)(3) of this section;	4636

(3) If a motor vehicle weighing in excess of eight thousand	4637
pounds empty weight or a noncommercial bus as prescribed in	4638
division (B)(10) of this section, at a speed exceeding fifty-five	4639
miles per hour upon a freeway as provided in that division;	4640

(4) At a speed exceeding the posted speed limit upon a	4641
freeway for which the director has determined and declared a speed	4642
limit of not more than sixty-five miles per hour pursuant to	4643
division (L)(2) or (M) of this section;	4644

(5) At a speed exceeding sixty-five miles per hour upon a	4645
freeway for which such a speed limit has been established through	4646
the operation of division (L)(3) of this section;	4647

(6) At a speed exceeding the posted speed limit upon a	4648
freeway for which the director has determined and declared a speed	4649
limit pursuant to division (I)(2) of this section.	4650

(E) In every charge of violation of this section the	4651
affidavit and warrant shall specify the time, place, and speed at	4652
which the defendant is alleged to have driven, and in charges made	4653
in reliance upon division (C) of this section also the speed which	4654
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit	4655
declared pursuant to, this section declares is prima-facie lawful	4656
at the time and place of such alleged violation, except that in	4657
affidavits where a person is alleged to have driven at a greater	4658
speed than will permit the person to bring the vehicle to a stop	4659
within the assured clear distance ahead the affidavit and warrant	4660
need not specify the speed at which the defendant is alleged to	4661
have driven.	4662

(F) When a speed in excess of both a prima-facie limitation	4663
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	4664
this section is alleged, the defendant shall be charged in a	4665
single affidavit, alleging a single act, with a violation	4666
indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7)	4667
of this section, or of a limit declared pursuant to this section	4668
by the director or local authorities, and of the limitation in	4669
division (D)(1), (2), (3), (4), (5), or (6) of this section. If	4670
the court finds a violation of division (B)(1)(a), (2), (3), (4),	4671
(6), or (7) of, or a limit declared pursuant to, this section has	4672
occurred, it shall enter a judgment of conviction under such	4673
division and dismiss the charge under division (D)(1), (2), (3),	4674
(4), (5), or (6) of this section. If it finds no violation of	4675
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit	4676
declared pursuant to, this section, it shall then consider whether	4677
the evidence supports a conviction under division (D)(1), (2),	4678
(3), (4), (5), or (6) of this section.	4679

(G) Points shall be assessed for violation of a limitation	4680
under division (D) of this section in accordance with section	4681
4510.036 of the Revised Code.	4682

(H) Whenever the director determines upon the basis of a	4683
geometric and traffic characteristic study that any speed limit	4684
set forth in divisions (B)(1)(a) to (D) of this section is greater	4685
or less than is reasonable or safe under the conditions found to	4686
exist at any portion of a street or highway under the jurisdiction	4687
of the director, the director shall determine and declare a	4688
reasonable and safe prima-facie speed limit, which shall be	4689
effective when appropriate signs giving notice of it are erected	4690
at the location.	4691

(I)(1) Except as provided in divisions (I)(2) and (K) of this	4692
section, whenever local authorities determine upon the basis of an	4693
engineering and traffic investigation that the speed permitted by	4694
divisions (B)(1)(a) to (D) of this section, on any part of a	4695
highway under their jurisdiction, is greater than is reasonable	4696
and safe under the conditions found to exist at such location, the	4697
local authorities may by resolution request the director to	4698
determine and declare a reasonable and safe prima-facie speed	4699
limit. Upon receipt of such request the director may determine and	4700
declare a reasonable and safe prima-facie speed limit at such	4701
location, and if the director does so, then such declared speed	4702
limit shall become effective only when appropriate signs giving	4703
notice thereof are erected at such location by the local	4704
authorities. The director may withdraw the declaration of a	4705
prima-facie speed limit whenever in the director's opinion the	4706
altered prima-facie speed becomes unreasonable. Upon such	4707
withdrawal, the declared prima-facie speed shall become	4708
ineffective and the signs relating thereto shall be immediately	4709
removed by the local authorities.	4710

(2) A local authority may determine on the basis of a	4711
geometric and traffic characteristic study that the speed limit of	4712
sixty-five miles per hour on a portion of a freeway under its	4713
jurisdiction that was established through the operation of	4714
division (L)(3) of this section is greater than is reasonable or	4715
safe under the conditions found to exist at that portion of the	4716
freeway. If the local authority makes such a determination, the	4717
local authority by resolution may request the director to	4718
determine and declare a reasonable and safe speed limit of not	4719
less than fifty-five miles per hour for that portion of the	4720
freeway. If the director takes such action, the declared speed	4721
limit becomes effective only when appropriate signs giving notice	4722
of it are erected at such location by the local authority.	4723

(J) Local authorities in their respective jurisdictions may	4724
authorize by ordinance higher prima-facie speeds than those stated	4725
in this section upon through highways, or upon highways or	4726
portions thereof where there are no intersections, or between	4727
widely spaced intersections, provided signs are erected giving	4728
notice of the authorized speed, but local authorities shall not	4729
modify or alter the basic rule set forth in division (A) of this	4730
section or in any event authorize by ordinance a speed in excess	4731
of fifty miles per hour.	4732

Alteration of prima-facie limits on state routes by local	4733
authorities shall not be effective until the alteration has been	4734
approved by the director. The director may withdraw approval of	4735
any altered prima-facie speed limits whenever in the director's	4736
opinion any altered prima-facie speed becomes unreasonable, and	4737
upon such withdrawal, the altered prima-facie speed shall become	4738
ineffective and the signs relating thereto shall be immediately	4739
removed by the local authorities.	4740

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	4741
section, "unimproved highway" means a highway consisting of any of	4742
the following:	4743

(a) Unimproved earth;

4744

(b) Unimproved graded and drained earth;

4745

(c) Gravel.

4746

(2) Except as otherwise provided in divisions (K)(4) and (5)	4747
of this section, whenever a board of township trustees determines	4748
upon the basis of an engineering and traffic investigation that	4749
the speed permitted by division (B)(5) of this section on any part	4750
of an unimproved highway under its jurisdiction and in the	4751
unincorporated territory of the township is greater than is	4752
reasonable or safe under the conditions found to exist at the	4753
location, the board may by resolution declare a reasonable and	4754
safe prima-facie speed limit of fifty-five but not less than	4755
twenty-five miles per hour. An altered speed limit adopted by a	4756
board of township trustees under this division becomes effective	4757
when appropriate traffic control devices, as prescribed in section	4758
4511.11 of the Revised Code, giving notice thereof are erected at	4759
the location, which shall be no sooner than sixty days after	4760
adoption of the resolution.	4761

(3)(a) Whenever, in the opinion of a board of township	4762
trustees, any altered prima-facie speed limit established by the	4763
board under this division becomes unreasonable, the board may	4764
adopt a resolution withdrawing the altered prima-facie speed	4765
limit. Upon the adoption of such a resolution, the altered	4766
prima-facie speed limit becomes ineffective and the traffic	4767
control devices relating thereto shall be immediately removed.	4768

(b) Whenever a highway ceases to be an unimproved highway and	4769
the board has adopted an altered prima-facie speed limit pursuant	4770
to division (K)(2) of this section, the board shall, by	4771
resolution, withdraw the altered prima-facie speed limit as soon	4772
as the highway ceases to be unimproved. Upon the adoption of such	4773
a resolution, the altered prima-facie speed limit becomes	4774
ineffective and the traffic control devices relating thereto shall	4775
be immediately removed.	4776

(4)(a) If the boundary of two townships rests on the	4777
centerline of an unimproved highway in unincorporated territory	4778
and both townships have jurisdiction over the highway, neither of	4779
the boards of township trustees of such townships may declare an	4780
altered prima-facie speed limit pursuant to division (K)(2) of	4781
this section on the part of the highway under their joint	4782
jurisdiction unless the boards of township trustees of both of the	4783
townships determine, upon the basis of an engineering and traffic	4784
investigation, that the speed permitted by division (B)(5) of this	4785
section is greater than is reasonable or safe under the conditions	4786
found to exist at the location and both boards agree upon a	4787
reasonable and safe prima-facie speed limit of less than	4788
fifty-five but not less than twenty-five miles per hour for that	4789
location. If both boards so agree, each shall follow the procedure	4790
specified in division (K)(2) of this section for altering the	4791
prima-facie speed limit on the highway. Except as otherwise	4792
provided in division (K)(4)(b) of this section, no speed limit	4793
altered pursuant to division (K)(4)(a) of this section may be	4794
withdrawn unless the boards of township trustees of both townships	4795
determine that the altered prima-facie speed limit previously	4796
adopted becomes unreasonable and each board adopts a resolution	4797
withdrawing the altered prima-facie speed limit pursuant to the	4798
procedure specified in division (K)(3)(a) of this section.	4799

(b) Whenever a highway described in division (K)(4)(a) of	4800
this section ceases to be an unimproved highway and two boards of	4801
township trustees have adopted an altered prima-facie speed limit	4802
pursuant to division (K)(4)(a) of this section, both boards shall,	4803
by resolution, withdraw the altered prima-facie speed limit as	4804
soon as the highway ceases to be unimproved. Upon the adoption of	4805
the resolution, the altered prima-facie speed limit becomes	4806
ineffective and the traffic control devices relating thereto shall	4807
be immediately removed.	4808

(5) As used in division (K)(5) of this section:

4809

(a) "Commercial subdivision" means any platted territory	4810
outside the limits of a municipal corporation and fronting a	4811
highway where, for a distance of three hundred feet or more, the	4812
frontage is improved with buildings in use for commercial	4813
purposes, or where the entire length of the highway is less than	4814
three hundred feet long and the frontage is improved with	4815
buildings in use for commercial purposes.	4816

(b) "Residential subdivision" means any platted territory	4817
outside the limits of a municipal corporation and fronting a	4818
highway, where, for a distance of three hundred feet or more, the	4819
frontage is improved with residences or residences and buildings	4820
in use for business, or where the entire length of the highway is	4821
less than three hundred feet long and the frontage is improved	4822
with residences or residences and buildings in use for business.	4823

Whenever a board of township trustees finds upon the basis of	4824
an engineering and traffic investigation that the prima-facie	4825
speed permitted by division (B)(5) of this section on any part of	4826
a highway under its jurisdiction that is located in a commercial	4827
or residential subdivision, except on highways or portions thereof	4828
at the entrances to which vehicular traffic from the majority of	4829
intersecting highways is required to yield the right-of-way to	4830
vehicles on such highways in obedience to stop or yield signs or	4831
traffic control signals, is greater than is reasonable and safe	4832
under the conditions found to exist at the location, the board may	4833
by resolution declare a reasonable and safe prima-facie speed	4834
limit of less than fifty-five but not less than twenty-five miles	4835
per hour at the location. An altered speed limit adopted by a	4836
board of township trustees under this division shall become	4837
effective when appropriate signs giving notice thereof are erected	4838
at the location by the township. Whenever, in the opinion of a	4839
board of township trustees, any altered prima-facie speed limit	4840
established by it under this division becomes unreasonable, it may	4841
adopt a resolution withdrawing the altered prima-facie speed, and	4842
upon such withdrawal, the altered prima-facie speed shall become	4843
ineffective, and the signs relating thereto shall be immediately	4844
removed by the township.	4845

(L)(1) Within one hundred twenty days of February 29, 1996,	4846
the director of transportation, based upon a geometric and traffic	4847
characteristic study of a freeway that is part of the interstate	4848
system or that is not part of the interstate system, but is built	4849
to the standards and specifications that are applicable to	4850
freeways that are part of the interstate system, in consultation	4851
with the director of public safety and, if applicable, the local	4852
authority having jurisdiction over a portion of such freeway, may	4853
determine and declare that the speed limit of less than sixty-five	4854
miles per hour established on such freeway or portion of freeway	4855
either is reasonable and safe or is less than that which is	4856
reasonable and safe.	4857

(2) If the established speed limit for such a freeway or	4858
portion of freeway is determined to be less than that which is	4859
reasonable and safe, the director of transportation, in	4860
consultation with the director of public safety and, if	4861
applicable, the local authority having jurisdiction over the	4862
portion of freeway, shall determine and declare a reasonable and	4863
safe speed limit of not more than sixty-five miles per hour for	4864
that freeway or portion of freeway.	4865

The director of transportation or local authority having	4866
jurisdiction over the freeway or portion of freeway shall erect	4867
appropriate signs giving notice of the speed limit at such	4868
location within one hundred fifty days of February 29, 1996. Such	4869
speed limit becomes effective only when such signs are erected at	4870
the location.	4871

(3) If, within one hundred twenty days of February 29, 1996,	4872
the director of transportation does not make a determination and	4873
declaration of a reasonable and safe speed limit for a freeway or	4874
portion of freeway that is part of the interstate system or that	4875
is not part of the interstate system, but is built to the	4876
standards and specifications that are applicable to freeways that	4877
are part of the interstate system and that has a speed limit of	4878
less than sixty-five miles per hour, the speed limit on that	4879
freeway or portion of a freeway shall be sixty-five miles per	4880
hour. The director of transportation or local authority having	4881
jurisdiction over the freeway or portion of the freeway shall	4882
erect appropriate signs giving notice of the speed limit of	4883
sixty-five miles per hour at such location within one hundred	4884
fifty days of February 29, 1996. Such speed limit becomes	4885
effective only when such signs are erected at the location. A	4886
speed limit established through the operation of division (L)(3)	4887
of this section is subject to reduction under division (I)(2) of	4888
this section.	4889

(M) Within three hundred sixty days after February 29, 1996,	4890
the director of transportation, based upon a geometric and traffic	4891
characteristic study of a rural, divided, multi-lane highway that	4892
has been designated as part of the national highway system under	4893
the "National Highway System Designation Act of 1995," 109 Stat.	4894
568, 23 U.S.C.A. 103, in consultation with the director of public	4895
safety and, if applicable, the local authority having jurisdiction	4896
over a portion of the highway, may determine and declare that the	4897
speed limit of less than sixty-five miles per hour established on	4898
the highway or portion of highway either is reasonable and safe or	4899
is less than that which is reasonable and safe.	4900

If the established speed limit for the highway or portion of	4901
highway is determined to be less than that which is reasonable and	4902
safe, the director of transportation, in consultation with the	4903
director of public safety and, if applicable, the local authority	4904
having jurisdiction over the portion of highway, shall determine	4905
and declare a reasonable and safe speed limit of not more than	4906
sixty-five miles per hour for that highway or portion of highway.	4907
The director of transportation or local authority having	4908
jurisdiction over the highway or portion of highway shall erect	4909
appropriate signs giving notice of the speed limit at such	4910
location within three hundred ninety days after February 29, 1996.	4911
The speed limit becomes effective only when such signs are erected	4912
at the location.	4913

(N) If the boundary of two local authorities rests on the	4914
centerline of a highway and both authorities have jurisdiction	4915
over the highway, the speed limit for the part of the highway	4916
within their joint jurisdiction shall be either prima-facie speed	4917
limit permitted by division (B) of this section as agreed to by	4918
both authorities. If the local authorities are unable to reach an	4919
agreement, the speed limit shall remain as established in division	4920
(B) of this section. Neither local authority may declare an	4921
altered prima-facie speed limit pursuant to this section on the	4922
part of the highway under their joint jurisdiction unless both of	4923
the local authorities determine, upon the basis of an engineering	4924
and traffic investigation, that the speed permitted by this	4925
section is greater than is reasonable or safe under the conditions	4926
found to exist at the location and both authorities agree upon a	4927
uniform reasonable and safe prima-facie speed limit of less than	4928
fifty-five but not less than twenty-five miles per hour for that	4929
location. If both authorities so agree, each shall follow the	4930
procedure specified in this section for altering the prima-facie	4931
speed limit on the highway, and the speed limit for the part of	4932
the highway within their joint jurisdiction shall be uniformly	4933
altered. No altered speed limit may be withdrawn unless both local	4934
authorities determine that the altered prima-facie speed limit	4935
previously adopted becomes unreasonable and each adopts a	4936
resolution withdrawing the altered prima-facie speed limit	4937
pursuant to the procedure specified in this section.	4938

(O) As used in this section:

4939

(1) "Interstate system" has the same meaning as in 23	4940
U.S.C.A. 101.	4941

(2) "Commercial bus" means a motor vehicle designed for	4942
carrying more than nine passengers and used for the transportation	4943
of persons for compensation.	4944

(3) "Noncommercial bus" includes but is not limited to a	4945
school bus or a motor vehicle operated solely for the	4946
transportation of persons associated with a charitable or	4947
nonprofit organization.	4948

(O)(P)(1) A violation of any provision of this section is one	4949
of the following:	4950

(a) Except as otherwise provided in divisions (O)(P)(1)(b),	4951
(1)(c), (2), and (3) of this section, a minor misdemeanor;	4952

(b) If, within one year of the offense, the offender	4953
previously has been convicted of or pleaded guilty to two	4954
violations of any provision of this section or of any provision of	4955
a municipal ordinance that is substantially similar to any	4956
provision of this section, a misdemeanor of the fourth degree;	4957

(c) If, within one year of the offense, the offender	4958
previously has been convicted of or pleaded guilty to three or	4959
more violations of any provision of this section or of any	4960
provision of a municipal ordinance that is substantially similar	4961
to any provision of this section, a misdemeanor of the third	4962
degree.	4963

(2) If the offender has not previously been convicted of or	4964
pleaded guilty to a violation of any provision of this section or	4965
of any provision of a municipal ordinance that is substantially	4966
similar to this section and operated a motor vehicle faster than	4967
thirty-five miles an hour in a business district of a municipal	4968
corporation, faster than fifty miles an hour in other portions of	4969
a municipal corporation, or faster than thirty-five miles an hour	4970
in a school zone during recess or while children are going to or	4971
leaving school during the school's opening or closing hours, a	4972
misdemeanor of the fourth degree.	4973

(3) Notwithstanding division (O)(P)(1) of this section, if	4974
the offender operated a motor vehicle in a construction zone where	4975
a sign was then posted in accordance with section 4511.98 of the	4976
Revised Code, the court, in addition to all other penalties	4977
provided by law, shall impose upon the offender a fine of two	4978
times the usual amount imposed for the violation. No court shall	4979
impose a fine of two times the usual amount imposed for the	4980
violation upon an offender if the offender alleges, in an	4981
affidavit filed with the court prior to the offender's sentencing,	4982
that the offender is indigent and is unable to pay the fine	4983
imposed pursuant to this division and if the court determines that	4984
the offender is an indigent person and unable to pay the fine.	4985

Sec. 4513.263.  (A) As used in this section and in section	4986
4513.99 of the Revised Code:	4987

(1) "Automobile" means any commercial tractor, passenger car,	4988
commercial car, or truck that is required to be factory-equipped	4989
with an occupant restraining device for the operator or any	4990
passenger by regulations adopted by the United States secretary of	4991
transportation pursuant to the "National Traffic and Motor Vehicle	4992
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	4993

(2) "Occupant restraining device" means a seat safety belt,	4994
shoulder belt, harness, or other safety device for restraining a	4995
person who is an operator of or passenger in an automobile and	4996
that satisfies the minimum federal vehicle safety standards	4997
established by the United States department of transportation.	4998

(3) "Passenger" means any person in an automobile, other than	4999
its operator, who is occupying a seating position for which an	5000
occupant restraining device is provided.	5001

(4) "Commercial tractor," "passenger car," and "commercial	5002
car" have the same meanings as in section 4501.01 of the Revised	5003
Code.	5004

(5) "Vehicle" and "motor vehicle," as used in the definitions	5005
of the terms set forth in division (A)(4) of this section, have	5006
the same meanings as in section 4511.01 of the Revised Code.	5007

(6) "Tort action" means a civil action for damages for	5008
injury, death, or loss to person or property. "Tort action"	5009
includes a product liability claim, as defined in section 2307.71	5010
of the Revised Code, and an asbestos claim, as defined in section	5011
2307.91 of the Revised Code, but does not include a civil action	5012
for damages for breach of contract or another agreement between	5013
persons.	5014

(B) No person shall do any of the following:

5015

(1) Operate an automobile on any street or highway unless	5016
that person is wearing all of the available elements of a properly	5017
adjusted occupant restraining device, or operate a school bus that	5018
has an occupant restraining device installed for use in its	5019
operator's seat unless that person is wearing all of the available	5020
elements of the device, as properly adjusted;	5021

(2) Operate an automobile on any street or highway unless	5022
each passenger in the automobile who is subject to the requirement	5023
set forth in division (B)(3) of this section is wearing all of the	5024
available elements of a properly adjusted occupant restraining	5025
device;	5026

(3) Occupy, as a passenger, a seating position on the front	5027
seat of an automobile being operated on any street or highway	5028
unless that person is wearing all of the available elements of a	5029
properly adjusted occupant restraining device;	5030

(4) Operate a taxicab on any street or highway unless all	5031
factory-equipped occupant restraining devices in the taxicab are	5032
maintained in usable form.	5033

(C) Division (B)(3) of this section does not apply to a	5034
person who is required by section 4511.81 of the Revised Code to	5035
be secured in a child restraint device. Division (B)(1) of this	5036
section does not apply to a person who is an employee of the	5037
United States postal service or of a newspaper home delivery	5038
service, during any period in which the person is engaged in the	5039
operation of an automobile to deliver mail or newspapers to	5040
addressees. Divisions (B)(1) and (3) of this section do not apply	5041
to a person who has an affidavit signed by a physician licensed to	5042
practice in this state under Chapter 4731. of the Revised Code or	5043
a chiropractor licensed to practice in this state under Chapter	5044
4734. of the Revised Code that states that the person has a	5045
physical impairment that makes use of an occupant restraining	5046
device impossible or impractical.	5047

(D) Notwithstanding any provision of law to the contrary, no	5048
law enforcement officer shall cause an operator of an automobile	5049
being operated on any street or highway to stop the automobile for	5050
the sole purpose of determining whether a violation of division	5051
(B) of this section has been or is being committed or for the sole	5052
purpose of issuing a ticket, citation, or summons for a violation	5053
of that nature or causing the arrest of or commencing a	5054
prosecution of a person for a violation of that nature, and no law	5055
enforcement officer shall view the interior or visually inspect	5056
any automobile being operated on any street or highway for the	5057
sole purpose of determining whether a violation of that nature has	5058
been or is being committed.	5059

(E) All fines collected for violations of division (B) of	5060
this section, or for violations of any ordinance or resolution of	5061
a political subdivision that is substantively comparable to that	5062
division, shall be forwarded to the treasurer of state for deposit	5063
as follows:	5064

(1) Eight per cent shall be deposited into the seat belt	5065
education fund, which is hereby created in the state treasury, and	5066
shall be used by the department of public safety to establish a	5067
seat belt education program.	5068

(2) Eight per cent shall be deposited into the elementary	5069
school program fund, which is hereby created in the state	5070
treasury, and shall be used by the department of public safety to	5071
establish and administer elementary school programs that encourage	5072
seat safety belt use.	5073

(3) Two per cent shall be deposited into the Ohio medical	5074
transportation trust fund created by section 4766.05 of the	5075
Revised Code.	5076

(4) Twenty-eight(2) Ninety-eight per cent shall be deposited	5077
into the trauma and emergency medical services fund, which is	5078
hereby created in the state treasury, and shall be used by the	5079
department of public safety for the administration of the division	5080
of emergency medical services and the state board of emergency	5081
medical services.	5082

(5) Fifty-four per cent shall be deposited into the trauma	5083
and emergency medical services grants fund, which is hereby	5084
created in the state treasury, and shall be used; by the state	5085
board of emergency medical services to make grants, in accordance	5086
with section 4765.07 of the Revised Code and rules the board	5087
adopts under section 4765.11 of the Revised Code; and by the	5088
department of public safety to establish a seat belt education	5089
program, which shall include elementary school programs that	5090
encourage seat belt use.	5091

(F)(1) Subject to division (F)(2) of this section, the	5092
failure of a person to wear all of the available elements of a	5093
properly adjusted occupant restraining device in violation of	5094
division (B)(1) or (3) of this section or the failure of a person	5095
to ensure that each minor who is a passenger of an automobile	5096
being operated by that person is wearing all of the available	5097
elements of a properly adjusted occupant restraining device in	5098
violation of division (B)(2) of this section shall not be	5099
considered or used by the trier of fact in a tort action as	5100
evidence of negligence or contributory negligence. But, the trier	5101
of fact may determine based on evidence admitted consistent with	5102
the Ohio rulesRules of evidenceEvidence that the failure	5103
contributed to the harm alleged in the tort action and may	5104
diminish a recovery of compensatory damages that represents	5105
noneconomic loss, as defined in section 2307.011 of the Revised	5106
Code, in a tort action that could have been recovered but for the	5107
plaintiff's failure to wear all of the available elements of a	5108
properly adjusted occupant restraining device. Evidence of that	5109
failure shall not be used as a basis for a criminal prosecution of	5110
the person other than a prosecution for a violation of this	5111
section; and shall not be admissible as evidence in a criminal	5112
action involving the person other than a prosecution for a	5113
violation of this section.	5114

(2) If, at the time of an accident involving a passenger car	5115
equipped with occupant restraining devices, any occupant of the	5116
passenger car who sustained injury or death was not wearing an	5117
available occupant restraining device, was not wearing all of the	5118
available elements of such a device, or was not wearing such a	5119
device as properly adjusted, then, consistent with the Rules of	5120
Evidence, the fact that the occupant was not wearing the available	5121
occupant restraining device, was not wearing all of the available	5122
elements of such a device, or was not wearing such a device as	5123
properly adjusted is admissible in evidence in relation to any	5124
claim for relief in a tort action to the extent that the claim for	5125
relief satisfies all of the following:	5126

(a) It seeks to recover damages for injury or death to the	5127
occupant.	5128

(b) The defendant in question is the manufacturer, designer,	5129
distributor, or seller of the passenger car.	5130

(c) The claim for relief against the defendant in question is	5131
that the injury or death sustained by the occupant was enhanced or	5132
aggravated by some design defect in the passenger car or that the	5133
passenger car was not crashworthy.	5134

(G)(1) Whoever violates division (B)(1) of this section shall	5135
be fined thirty dollars.	5136

(2) Whoever violates division (B)(3) of this section shall be	5137
fined twenty dollars.	5138

(3) Except as otherwise provided in this division, whoever	5139
violates division (B)(4) of this section is guilty of a minor	5140
misdemeanor. If the offender previously has been convicted of or	5141
pleaded guilty to a violation of division (B)(4) of this section,	5142
whoever violates division (B)(4) of this section is guilty of a	5143
misdemeanor of the third degree.	5144

Sec. 4513.34.  (A) The director of transportation with	5145
respect to all highways that are a part of the state highway	5146
system and local authorities with respect to highways under their	5147
jurisdiction, upon application in writing and for good cause	5148
shown, may issue a special permit in writing authorizing the	5149
applicant to operate or move a vehicle or combination of vehicles	5150
of a size or weight of vehicle or load exceeding the maximum	5151
specified in sections 5577.01 to 5577.09 of the Revised Code, or	5152
otherwise not in conformity with sections 4513.01 to 4513.37 of	5153
the Revised Code, upon any highway under the jurisdiction of the	5154
authority granting the permit.	5155

For purposes of this section, the director may designate	5156
certain state highways or portions of state highways as special	5157
economic development highways. If an application submitted to the	5158
director under this section involves travel of a nonconforming	5159
vehicle or combination of vehicles upon a special economic	5160
development highway, the director, in determining whether good	5161
cause has been shown that issuance of a permit is justified, shall	5162
consider the effect the travel of the vehicle or combination of	5163
vehicles will have on the economic development in the area in	5164
which the designated highway or portion of highway is located.	5165

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	5166
Code, the holder of a special permit issued by the director under	5167
this section may move the vehicle or combination of vehicles	5168
described in the special permit on any highway that is a part of	5169
the state highway system when the movement is partly within and	5170
partly without the corporate limits of a municipal corporation. No	5171
local authority shall require any other permit or license or	5172
charge any license fee or other charge against the holder of a	5173
permit for the movement of a vehicle or combination of vehicles on	5174
any highway that is a part of the state highway system. The	5175
director shall not require the holder of a permit issued by a	5176
local authority to obtain a special permit for the movement of	5177
vehicles or combination of vehicles on highways within the	5178
jurisdiction of the local authority. Permits may be issued for any	5179
period of time not to exceed one year, as the director in the	5180
director's discretion or a local authority in its discretion	5181
determines advisable, or for the duration of any public	5182
construction project.	5183

(C) The application for a permit shall be in the form that	5184
the director or local authority prescribes. The director or local	5185
authority may prescribe a permit fee to be imposed and collected	5186
when any permit described in this section is issued. The permit	5187
fee may be in an amount sufficient to reimburse the director or	5188
local authority for the administrative costs incurred in issuing	5189
the permit, and also to cover the cost of the normal and expected	5190
damage caused to the roadway or a street or highway structure as	5191
the result of the operation of the nonconforming vehicle or	5192
combination of vehicles. The director, in accordance with Chapter	5193
119. of the Revised Code, shall establish a schedule of fees for	5194
permits issued by the director under this section.	5195

For the purposes of this section and of rules adopted by the	5196
director under this section, milk transported in bulk by vehicle	5197
is deemed a nondivisible load.	5198

(D) The director or local authority may issue or withhold a	5199
permit. If a permit is to be issued, the director or local	5200
authority may limit or prescribe conditions of operation for the	5201
vehicle and may require the posting of a bond or other security	5202
conditioned upon the sufficiency of the permit fee to compensate	5203
for damage caused to the roadway or a street or highway structure.	5204
In addition, a local authority, as a condition of issuance of an	5205
overweight permit, may require the applicant to develop and enter	5206
into a mutual agreement with the local authority to compensate for	5207
or to repair excess damage caused to the roadway by travel under	5208
the permit.	5209

For a permit that will allow travel of a nonconforming	5210
vehicle or combination of vehicles on a special economic	5211
development highway, the director, as a condition of issuance, may	5212
require the applicant to agree to make periodic payments to the	5213
department to compensate for damage caused to the roadway by	5214
travel under the permit.	5215

(E) Every permit shall be carried in the vehicle or	5216
combination of vehicles to which it refers and shall be open to	5217
inspection by any police officer or authorized agent of any	5218
authority granting the permit. No person shall violate any of the	5219
terms of a permit.	5220

(F) The director may debar an applicant from applying for a	5221
special permit under this section upon a finding based on a	5222
reasonable belief that the applicant has done any of the	5223
following:	5224

(1) Abused the process by repeatedly submitting false	5225
information or false travel plans or by using another company or	5226
individual's name, insurance, or escrow account without proper	5227
authorization;	5228

(2) Failed to comply with or substantially perform under a	5229
previously issued special permit according to its terms,	5230
conditions, and specifications within specified time limits;	5231

(3) Failed to cooperate in the application process for the	5232
special permit or in any other procedures that are related to the	5233
issuance of the special permit by refusing to provide information	5234
or documents required in a permit or by failing to respond to and	5235
correct matters related to the special permit;	5236

(4) Accumulated repeated justified complaints regarding	5237
performance under a special permit that was previously issued to	5238
the applicant or previously failed to obtain a special permit when	5239
such a permit was required;	5240

(5) Attempted to influence a public employee to breach	5241
ethical conduct standards;	5242

(6) Been convicted of a criminal offense related to the	5243
application for, or performance under, a special permit,	5244
including, but not limited to, bribery, falsification, fraud or	5245
destruction of records, receiving stolen property, and any other	5246
offense that directly reflects on the applicant's integrity or	5247
commercial driver's license;	5248

(7) Been convicted under a state or federal law governing	5249
commercial motor vehicles or a rule or regulation adopted under	5250
such a law;	5251

(8) Been convicted under a law, rule, or regulation governing	5252
the movement of traffic over the public streets and highways;	5253

(9) Failed to pay any fees associated with any permitted	5254
operation or move;	5255

(10) Deliberately or willfully submitted false or misleading	5256
information in connection with the application for, or performance	5257
under, a special permit issued under this section;	5258

(11) Been debarred or sanctioned in any manner by an agency	5259
or department of the state, another state, or the federal	5260
government;	5261

(12) Violated any other responsible business practice or	5262
performed in an unsatisfactory manner as determined by the	5263
director.	5264

If the applicant is a partnership, association, or	5265
corporation, the director also may debar from consideration for	5266
special permits any partner of the partnership, or the officers,	5267
directors, or employees of the association or corporation being	5268
debarred.	5269

The director may adopt rules in accordance with Chapter 119.	5270
of the Revised Code governing the debarment of an applicant.	5271

(G) When the director reasonably believes that grounds for	5272
debarment exist, the director shall send the person that is	5273
subject to debarment a notice of the proposed debarment. A notice	5274
of proposed debarment shall indicate the grounds for the debarment	5275
of the person and the procedure for requesting a hearing. The	5276
notice and hearing shall be in accordance with Chapter 119. of the	5277
Revised Code. If the person does not respond with a request for a	5278
hearing in the manner specified in that chapter, the director	5279
shall issue the debarment decision without a hearing and shall	5280
notify the person of the decision by certified mail, return	5281
receipt requested. The debarment period may be of any length	5282
determined by the director, and the director may modify or rescind	5283
the debarment at any time. During the period of debarment, the	5284
director shall not issue, or consider issuing, a special permit to	5285
any partnership, association, or corporation that is affiliated	5286
with a debarred person. After the debarment period expires, the	5287
person, and any partnership, association, or corporation	5288
affiliated with the person, may reapply for a special permit.	5289

(H) Whoever violates this section shall be punished as	5290
provided in section 4513.99 of the Revised Code.	5291

Sec. 4513.61.  The sheriff of a county or chief of police of	5292
a municipal corporation, township, or township police district,	5293
within the sheriff's or chief's respective territorial	5294
jurisdiction, or a state highway patrol trooper, upon notification	5295
to the sheriff or chief of police of such action and of the	5296
location of the place of storage, may order into storage any motor	5297
vehicle, including an abandoned junk motor vehicle as defined in	5298
section 4513.63 of the Revised Code, that has come into the	5299
possession of the sheriff, chief of police, or state highway	5300
patrol trooper as a result of the performance of the sheriff's,	5301
chief's, or trooper's duties or that has been left on a public	5302
street or other property open to the public for purposes of	5303
vehicular travel, or upon or within the right-of-way of any road	5304
or highway, for forty-eight hours or longer without notification	5305
to the sheriff or chief of police of the reasons for leaving the	5306
motor vehicle in such place, except that when such a motor vehicle	5307
constitutes an obstruction to traffic it may be ordered into	5308
storage immediately. The sheriff or chief of police shall	5309
designate the place of storage of any motor vehicle so ordered	5310
removed. At the time a motor vehicle is ordered into storage, the	5311
sheriff, chief of police, or state highway patrol trooper may	5312
relinquish jurisdiction over the vehicle to the owner of the place	5313
of storage.	5314

The sheriff or chief of police immediately shall cause a	5315
search to be made of the records of the bureau of motor vehicles	5316
to ascertain the owner and any lienholder of a motor vehicle	5317
ordered into storage by the sheriff or chief of police, or by a	5318
state highway patrol trooper, and, if known, shall send or cause	5319
to be sent notice to the owner or lienholder at the owner's or	5320
lienholder's last known address by certified mail with return	5321
receipt requested, that the motor vehicle will be declared a	5322
nuisance and disposed of if not claimed within ten days of the	5323
date of mailing of the notice. The owner or lienholder of the	5324
motor vehicle may reclaim it upon payment of any expenses or	5325
charges incurred in its removal and storage, and presentation of	5326
proof of ownership, which may be evidenced by a certificate of	5327
title or memorandum certificate of title to the motor vehicle. If	5328
the owner or lienholder of the motor vehicle reclaims it after a	5329
search of the records of the bureau has been conducted and after	5330
notice has been sent to the owner or lienholder as described in	5331
this section, and the search was conducted by the owner of the	5332
place of storage or the owner's employee, and the notice was sent	5333
to the motor vehicle owner by the owner of the place of storage or	5334
the owner's employee, the owner or lienholder shall pay to the	5335
place of storage a processing fee of twenty-five dollars, in	5336
addition to any expenses or charges incurred in the removal and	5337
storage of the vehicle.	5338

If the owner or lienholder makes no claim to the motor	5339
vehicle within ten days of the date of mailing of the notice, and	5340
if the vehicle is to be disposed of at public auction as provided	5341
in section 4513.62 of the Revised Code, the sheriff or chief of	5342
police shall file with the clerk of courts of the county in which	5343
the place of storage is located an affidavit showing compliance	5344
with the requirements of this section. Upon presentation of the	5345
affidavit, the clerk, without charge, shall issue a salvage	5346
certificate of title, free and clear of all liens and	5347
encumbrances, to the sheriff or chief of police. If the vehicle is	5348
to be disposed of to a motor vehicle salvage dealer or other	5349
facility as provided in section 4513.62 of the Revised Code, the	5350
sheriff or chief of police shall execute in triplicate an	5351
affidavit, as prescribed by the registrar of motor vehicles,	5352
describing the motor vehicle and the manner in which it was	5353
disposed of, and that all requirements of this section have been	5354
complied with. The sheriff or chief of police shall retain the	5355
original of the affidavit for the sheriff's or chief's records,	5356
and shall furnish two copies to the motor vehicle salvage dealer	5357
or other facility. Upon presentation of a copy of the affidavit by	5358
the motor vehicle salvage dealer, the clerk of courts, within	5359
thirty days of the presentation, shall issue to such owner a	5360
salvage certificate of title, free and clear of all liens and	5361
encumbrances.	5362

Whenever a motor vehicle salvage dealer or other facility	5363
receives an affidavit for the disposal of a motor vehicle as	5364
provided in this section, the dealer or facility shall not be	5365
required to obtain an Ohio certificate of title to the motor	5366
vehicle in the dealer's or facility's own name if the vehicle is	5367
dismantled or destroyed and both copies of the affidavit are	5368
delivered to the clerk of courts.	5369

Sec. 4519.58.  (A) When the clerk of a court of common pleas	5370
issues a physical certificate of title, the clerk shall issue the	5371
certificate of title on a form and in a manner prescribed by the	5372
registrar of motor vehicles. The clerk shall file a copy of the	5373
physical evidence for the creation of the certificate of title in	5374
a manner prescribed by the registrar. A clerk may retain digital	5375
images of documents used as evidence for issuance of a certificate	5376
of title. Certified printouts of documents retained as digital	5377
images shall have the same evidentiary value as the original	5378
physical documents. The record of the issuance of the certificate	5379
of title shall be maintained in the automated title processing	5380
system. The clerk shall sign and affix the clerk's seal to the	5381
original certificate of title and, if there are no liens on the	5382
off-highway motorcycle or all-purpose vehicle, shall deliver the	5383
certificate to the applicant or the selling dealer. Except as	5384
otherwise provided in this section, if there are one or more liens	5385
on the off-highway motorcycle or all-purpose vehicle, the	5386
certificate of title shall be delivered to the holder of the first	5387
lien. If the certificate of title is obtained by a dealer on	5388
behalf of the applicant and there are one or more liens on the	5389
off-highway motorcycle or all-purpose vehicle, the clerk shall	5390
issue a certificate of title and may issue a memorandum	5391
certificate of title. The certificate of title and memorandum	5392
certificate of title, if issued, shall be delivered to the holder	5393
of the first lien or the selling dealer, who shall deliver the	5394
certificate of title to the holder of the first lien and the	5395
memorandum certificate of title to the applicant. The selling	5396
dealer also may make arrangements with the clerk to have the clerk	5397
deliver the memorandum certificate of title to the applicant.	5398

(B) The registrar shall prescribe a uniform method of	5399
numbering certificates of title. The numbering shall be in such	5400
manner that the county of issuance is indicated. Numbers shall be	5401
assigned to certificates of title in the manner prescribed by the	5402
registrar. The clerk shall file all certificates of title	5403
according to the rules to be prescribed by the registrar, and the	5404
clerk shall maintain in the clerk's office indexes for the	5405
certificates of title.	5406

The clerk need not retain on file any current certificates of	5407
title, current duplicate certificates of title, current memorandum	5408
certificates of title, or current salvage certificates of title,	5409
or supporting evidence of them, covering any off-highway	5410
motorcycle or all-purpose vehicle for a period longer than seven	5411
years after the date of their filing; thereafter, the documents	5412
and supporting evidence may be destroyed. The clerk need not	5413
retain on file any inactive records, including certificates of	5414
title, duplicate certificates of title, or memorandum certificates	5415
of title, or supporting evidence of them, including the electronic	5416
record described in section 4519.55 of the Revised Code, covering	5417
any off-highway motorcycle or all-purpose vehicle for a period	5418
longer than five years after the date of their filing; thereafter,	5419
the documents and supporting evidence may be destroyed.	5420

The automated title processing system shall contain all	5421
active records and an index of the active records, and shall	5422
contain a record and index of all inactive titles for ten years,	5423
and a record and index of all inactive titles for manufactured and	5424
mobile homes for thirty years. If the clerk provides a written	5425
copy of any information contained in the database, the copy shall	5426
be considered the original for purposes of the clerk certifying	5427
the record of such information for use in any legal proceedings.	5428

(C) TheExcept as provided in this division, the clerk shall	5429
issue a physical certificate of title to an applicant unless the	5430
applicant specifically requests the clerk not to issue a physical	5431
certificate of title and instead to issue an electronic	5432
certificate of title. In the case of a title application that is	5433
submitted electronically to the clerk, the clerk shall issue an	5434
electronic certificate of title unless the applicant requests the	5435
issuance of a physical certificate of title. The fact that a	5436
physical certificate of title is not issued for an off-highway	5437
motorcycle or all-purpose vehicle does not affect ownership of the	5438
motorcycle or vehicle. In that case, when the clerk completes the	5439
process of entering certificate of title application information	5440
into the automated title processing system, the effect of the	5441
completion of the process is the same as if the clerk actually	5442
issued a physical certificate of title for the motorcycle or	5443
vehicle.	5444

(D) An electronic dealer who applies for a certificate of	5445
title on behalf of a customer who purchases an off-highway	5446
motorcycle or all-purpose vehicle from the dealer may print a	5447
non-negotiable evidence of ownership for the customer if the	5448
customer so requests. The authorization to print the	5449
non-negotiable evidence of ownership shall come from the clerk	5450
with whom the dealer makes application for the certificate of	5451
title for the customer, but the printing by the dealer does not	5452
create an agency relationship of any kind between the dealer and	5453
the clerk.	5454

(E) The owner of the off-highway motorcycle or all-purpose	5455
vehicle may apply at any time to a clerk of a court of common	5456
pleas for a non-negotiable evidence of ownership for the	5457
off-highway motorcycle or all-purpose vehicle.	5458

Sec. 4749.02.  The director of public safety shall administer	5459
this chapter, and for that purpose, may appoint employees and	5460
adopt rules that the director considers necessary.	5461

The director shall implement electronic licensing and	5462
registration procedures under this chapter not later than December	5463
31, 2006. The application procedures in effect on the effective	5464
date of this amendment shall continue until such time as	5465
electronic licensing and registration procedures are implemented.	5466

Sec. 4749.03.  (A)(1) Any individual, including a partner in	5467
a partnership, may be licensed as a private investigator under a	5468
class B license, or as a security guard provider under a class C	5469
license, or as a private investigator and a security guard	5470
provider under a class A license, if the individual meets all of	5471
the following requirements:	5472

(a) Has a good reputation for integrity, has not been	5473
convicted of a felony within the last twenty years or any offense	5474
involving moral turpitude, and has not been adjudicated	5475
incompetent for the purpose of holding the license, as provided in	5476
section 5122.301 of the Revised Code, without having been restored	5477
to legal capacity for that purpose.	5478

(b) Depending upon the class of license for which application	5479
is made, for a continuous period of at least two years immediately	5480
preceding application for a license, has been engaged in	5481
investigatory or security services work for a law enforcement or	5482
other public agency engaged in investigatory activities, or for a	5483
private investigator or security guard provider, or engaged in the	5484
practice of law, or has acquired equivalent experience as	5485
determined by rule of the director of public safety.	5486

(c) Demonstrates competency as a private investigator or	5487
security guard provider by passing an examination devised for this	5488
purpose by the director, except that any individually licensed	5489
person who qualifies a corporation for licensure shall not be	5490
required to be reexamined if the person qualifies the corporation	5491
in the same capacity that the person was individually licensed.	5492

(d) Submits evidence of comprehensive general liability	5493
insurance coverage, or other equivalent guarantee approved by the	5494
director in such form and in principal amounts satisfactory to the	5495
director, but not less than one hundred thousand dollars for each	5496
person and three hundred thousand dollars for each occurrence for	5497
bodily injury liability, and one hundred thousand dollars for	5498
property damage liability.	5499

(e) Pays the requisite examination and license fees.

5500

(2) A corporation may be licensed as a private investigator	5501
under a class B license, or as a security guard provider under a	5502
class C license, or as a private investigator and a security guard	5503
provider under a class A license, if an application for licensure	5504
is filed by an officer of the corporation and the officer, another	5505
officer, or the qualifying agent of the corporation satisfies the	5506
requirements of divisions (A)(1) and (F)(1) of this section.	5507
Officers and the statutory agent of a corporation shall be	5508
determined in accordance with Chapter 1701. of the Revised Code.	5509

(3) At least one partner in a partnership shall be licensed	5510
as a private investigator, or as a security guard provider, or as	5511
a private investigator and a security guard provider. Partners in	5512
a partnership shall be determined as provided for in Chapter 1775.	5513
of the Revised Code.	5514

(B) ApplicationAn application for a class A, B, or C license	5515
shall be in writing, under oath, tocompleted in the form the	5516
director prescribes. In the case of an individual, the application	5517
shall state the applicant's name, birth date, citizenship,	5518
physical description, current residence, residences for the	5519
preceding ten years, current employment, employment for the	5520
preceding seven years, experience qualifications, the location of	5521
each of the applicant's offices in this state, and any other	5522
information that is necessary in order for the director to comply	5523
with the requirements of this chapter. In the case of a	5524
corporation, the application shall state the name of the officer	5525
or qualifying agent filing the application; the state in which the	5526
corporation is incorporated and the date of incorporation; the	5527
states in which the corporation is authorized to transact	5528
business; the name of its qualifying agent; the name of the	5529
officer or qualifying agent of the corporation who satisfies the	5530
requirements of divisions (A)(1) and (F)(1) of this section and	5531
the birth date, citizenship, physical description, current	5532
residence, residences for the preceding ten years, current	5533
employment, employment for the preceding seven years, and	5534
experience qualifications of that officer or qualifying agent; and	5535
other information that the director requires. A corporation may	5536
specify in its application information relative to one or more	5537
individuals who satisfy the requirements of divisions (A)(1) and	5538
(F)(1) of this section.	5539

The application described in this division shall be	5540
accompanied by all of the following:	5541

(1) One recent full-face photograph of the applicant or, in	5542
the case of a corporation, of each officer or qualifying agent	5543
specified in the application as satisfying the requirements of	5544
divisions (A)(1) and (F)(1) of this section;	5545

(2) One complete set of the applicant's fingerprints or, in	5546
the case of a corporation, of the fingerprints of each officer or	5547
qualifying agent specified in the application as satisfying the	5548
requirements of divisions (A)(1) and (F)(1) of this section;	5549

(3) Character references from at least five reputable	5550
citizens for the applicant or, in the case of a corporation, for	5551
each officer or qualifying agent specified in the application as	5552
satisfying the requirements of divisions (A)(1) and (F)(1) of this	5553
section, each of whom has known the applicant, officer, or	5554
qualifying agent for at least five years preceding the	5555
application, and none of whom are connected with the applicant,	5556
officer, or qualifying agent by blood or marriage;	5557

(4)(3) An examination fee of twenty-five dollars for the	5558
applicant or, in the case of a corporation, for each officer or	5559
qualifying agent specified in the application as satisfying the	5560
requirements of divisions (A)(1) and (F)(1) of this section, and a	5561
license fee of two hundred fiftyin the amount the director	5562
determines, not to exceed three hundred seventy-five dollars. The	5563
license fee shall be refunded if a license is not issued.	5564

(C) Upon receipt of the application and accompanying matter	5565
described in division (B) of this section, the director shall	5566
forward to the bureau of criminal identification and investigation	5567
a request that it make an investigation of the applicant or, in	5568
the case of a corporation, each officer or qualifying agent	5569
specified in the application as satisfying the requirements of	5570
divisions (A)(1) and (F)(1) of this section, to determine whether	5571
the applicant, officer, or qualifying agent meets the requirements	5572
of division (A)(1)(a) of this section.(1) Each individual	5573
applying for a license and each individual specified by a	5574
corporation as an officer or qualifying agent in an application	5575
shall submit one complete set of fingerprints directly to the	5576
superintendent of the bureau of criminal identification and	5577
investigation for the purpose of conducting a criminal records	5578
check. The individual shall provide the fingerprints using a	5579
method the superintendent prescribes pursuant to division (C)(2)	5580
of section 109.572 of the Revised Code and fill out the form the	5581
superintendent prescribes pursuant to division (C)(1) of section	5582
109.572 of the Revised Code. An applicant who intends to carry a	5583
firearm as defined in section 2923.11 of the Revised Code in the	5584
course of business or employment shall so notify the	5585
superintendent. This notification is in addition to any other	5586
requirement related to carrying a firearm that applies to the	5587
applicant. The individual or corporation requesting the criminal	5588
records check shall pay the fee the superintendent prescribes.	5589

(2) The superintendent shall conduct the criminal records	5590
check as set forth in division (B) of section 109.572 of the	5591
Revised Code. If an applicant intends to carry a firearm in the	5592
course of business or employment, the superintendent shall make a	5593
request to the federal bureau of investigation for any information	5594
and review the information the bureau provides pursuant to	5595
division (B)(2) of section 109.572 of the Revised Code. The	5596
superintendent shall submit all results of the completed	5597
investigation to the director of public safety.	5598

(3) If the director determines that the applicant, officer,	5599
or qualifying agent meets the requirements of divisions (A)(1)(a),	5600
(b), and (d) of this section and that an officer or qualifying	5601
agent meets the requirement of division (F)(1) of this section,	5602
the director shall notify the applicant, officer, or agent of the	5603
time and place for the examination. If the director determines	5604
that an applicant does not meet the requirements of divisions	5605
(A)(1)(a), (b), and (d) of this section, the director shall notify	5606
the applicant that the applicant's application is refused and	5607
refund the license fee. If the director determines that none of	5608
the individuals specified in the application of a corporation as	5609
satisfying the requirements of divisions (A)(1) and (F)(1) of this	5610
section meet the requirements of divisions (A)(1)(a), (b), and (d)	5611
and (F)(1) of this section, the director shall notify the	5612
corporation that its application is refused and refund the license	5613
fee. If the director requests an investigation of any applicant,	5614
officer, or qualifying agent and if the bureau assesses the	5615
director a fee for theany investigation, the director, in	5616
addition to any other fee assessed pursuant to this chapter, may	5617
assess the applicant, officer, or qualifying agent, as	5618
appropriate, a fee that is equal to the fee assessed by the	5619
bureau.	5620

(D) If upon application, investigation, and examination, the	5621
director finds that the applicant or, in the case of a	5622
corporation, any officer or qualifying agent specified in the	5623
application as satisfying the requirements of divisions (A)(1) and	5624
(F)(1) of this section, meets the applicable requirements, the	5625
director shall issue the applicant or the corporation a class A,	5626
B, or C license. The director also shall issue an identification	5627
card to an applicant, but not an officer or qualifying agent of a	5628
corporation, who meets the applicable requirements. The license	5629
and identification card shall state the licensee's name, the	5630
classification of the license, the location of the licensee's	5631
principal place of business in this state, and the expiration date	5632
of the license, and, in the case of a corporation, it also shall	5633
state the name of each officer or qualifying agent who satisfied	5634
the requirements of divisions (A)(1) and (F)(1) of this section.	5635

Licenses expire on the first day of March following the date	5636
of initial issue, and on the first day of March of each year	5637
thereafter. RenewalsAnnual renewals shall be according to the	5638
standard renewal procedures contained in Chapter 4745. of the	5639
Revised Code, upon payment of aan annual renewal fee of two	5640
hundred fiftythe director determines, not to exceed two hundred	5641
seventy-five dollars. No license shall be renewed if the licensee	5642
or, in the case of a corporation, each officer or qualifying agent	5643
who qualified the corporation for licensure no longer meets the	5644
applicable requirements of this section. No license shall be	5645
renewed unless the licensee provides evidence of workers'	5646
compensation risk coverage and unemployment compensation insurance	5647
coverage, other than for clerical employees and excepting sole	5648
proprietors who are exempted therefrom, as provided for in	5649
Chapters 4123. and 4141. of the Revised Code, respectively, as	5650
well as the licensee's state tax identification number. No	5651
reexamination shall be required for renewal of a current license.	5652

For purposes of this chapter, a class A, B, or C license	5653
issued to a corporation shall be considered as also having	5654
licensed the individuals who qualified the corporation for	5655
licensure, for as long as they are associated with the	5656
corporation.	5657

For purposes of this division, "sole proprietor" means an	5658
individual licensed under this chapter who does not employ any	5659
other individual.	5660

(E) The director may issue a duplicate copy of a license	5661
issued under this section for the purpose of replacement of a	5662
lost, spoliated, or destroyed license, upon payment of a fee fixed	5663
by the director determines, not exceeding twenty-five dollars. Any	5664
change in license classification requires new application and	5665
application fees.	5666

(F)(1) In order to qualify a corporation for a class A, B, or	5667
C license, an officer or qualifying agent may qualify another	5668
corporation for similar licensure, provided that the officer or	5669
qualifying agent is actively engaged in the business of both	5670
corporations.	5671

(2) Each officer or qualifying agent who qualifies a	5672
corporation for class A, B, or C licensure shall surrender any	5673
personal license of a similar nature that the officer or	5674
qualifying agent possesses.	5675

(3) Upon written notification to the director, completion of	5676
an application similar to that for original licensure, surrender	5677
of the corporation's current license, and payment of a twenty-five	5678
dollar fee, a corporation's class A, B, or C license may be	5679
transferred to another corporation.	5680

(4) Upon written notification to the director, completion of	5681
an application similar to that for an individual seeking class A,	5682
B, or C licensure, payment of a twenty-five dollar fee, and, if	5683
the individual was the only individual that qualified a	5684
corporation for licensure, surrender of the corporation's license,	5685
any officer or qualifying agent who qualified a corporation for	5686
licensure under this chapter may obtain a similar license in the	5687
individual's own name without reexamination. A request by an	5688
officer or qualifying agent for an individual license shall not	5689
affect a corporation's license unless the individual is the only	5690
individual that qualified the corporation for licensure or all the	5691
other individuals who qualified the corporation for licensure	5692
submit such requests.	5693

(G) If a corporation is for any reason no longer associated	5694
with an individual who qualified it for licensure under this	5695
chapter, an officer of the corporation shall notify the director	5696
of that fact by certified mail, return receipt requested, within	5697
ten days after the association terminates. If the notification is	5698
so given, the individual was the only individual that qualified	5699
the corporation for licensure, and the corporation submits the	5700
name of another officer or qualifying agent to qualify the	5701
corporation for the license within thirty days after the	5702
association terminates, the corporation may continue to operate in	5703
the business of private investigation, the business of security	5704
services, or both businesses in this state under that license for	5705
ninety days after the association terminates. If the officer or	5706
qualifying agent whose name is submitted satisfies the	5707
requirements of divisions (A)(1) and (F)(1) of this section, the	5708
director shall issue a new license to the corporation within that	5709
ninety-day period. The names of more than one individual may be	5710
submitted.	5711

Sec. 4749.06.  (A) Each class A, B, or C licensee shall	5712
register the licensee's investigator or security guard employees,	5713
with the department of public safety, which shall maintain a	5714
record of each licensee and registered employee and make it	5715
available, upon request, to any law enforcement agency. The class	5716
A, B, or C licensee shall file an application to register a new	5717
employee no sooner than three days nor later than seven calendar	5718
days after the date on which the employee is hired.	5719

(B)(1) Each employee's registration application shall be	5720
accompanied by one complete set of the employee's fingerprints,	5721
one recent photograph of the employee, the employee's physical	5722
description, and an eighteen-dollarthe registration fee the	5723
director determines, not to exceed forty dollars.	5724

(2) If the director of public safety requests the bureau of	5725
criminal identification and investigation to conduct an	5726
investigation of a licensee's employee and if the bureau assesses	5727
the director a fee for the investigation, the director, in	5728
addition to any other fee assessed pursuant to this chapter, may	5729
assess the licensee a fee that is equal to the fee assessed by the	5730
bureau.The employee shall submit one complete set of fingerprints	5731
directly to the superintendent of the bureau of criminal	5732
identification and investigation for the purpose of conducting a	5733
criminal records check. The employee shall provide the	5734
fingerprints using a method the superintendent prescribes pursuant	5735
to division (C)(2) of section 109.572 of the Revised Code and fill	5736
out the form the superintendent prescribes pursuant to division	5737
(C)(1) of section 109.572 of the Revised Code. An employee who	5738
intends to carry a firearm as defined in section 2923.11 of the	5739
Revised Code in the course of business or employment shall so	5740
notify the superintendent. This notification is in addition to any	5741
other requirement related to carrying a firearm that applies to	5742
the employee. The individual or corporation requesting the	5743
criminal records check shall pay the fee the superintendent	5744
prescribes.	5745

The superintendent shall conduct the criminal records check	5746
as set forth in division (B) of section 109.572 of the Revised	5747
Code. If an employee intends to carry a firearm in the course of	5748
business or employment, pursuant to division (B)(2) of section	5749
109.572 of the Revised Code the superintendent shall make a	5750
request of the federal bureau of investigation for any information	5751
and review the information the bureau provides. The superintendent	5752
shall submit all results of the completed investigation to the	5753
director of public safety.	5754

(3) If, after investigation, the bureau finds that the	5755
employee has not been convicted of a felony within the last twenty	5756
years, the director shall issue to the employee an identification	5757
card bearing the license number and signature of the licensee,	5758
which in the case of a corporation shall be the signature of its	5759
president or its qualifying agent, and containing the employee's	5760
name, address, age, physical description, and right thumb print or	5761
other identifying mark as the director prescribes, a recent	5762
photograph of the employee, and the employee's signature. The	5763
director may issue a duplicate of a lost, spoliated, or destroyed	5764
identification card issued under this section, upon payment of a	5765
fee fixed by the director, not exceeding five dollars.	5766

(C) Except as provided in division (E) of this section, no	5767
class A, B, or C licensee shall permit an employee, other than an	5768
individual who qualified a corporation for licensure, to engage in	5769
the business of private investigation, the business of security	5770
services, or both businesses until the employee receives an	5771
identification card from the department, except that pending the	5772
issuance of an identification card, a class A, B, or C licensee	5773
may offer for hire security guard or investigator employees	5774
provided the licensee obtains a waiver from the person who	5775
receives, for hire, security guard or investigative services,	5776
acknowledging that the person is aware the employees have not	5777
completed their registration and agreeing to their employment.	5778

(D) If a class A, B, or C licensee, or a registered employee	5779
of a class A, B, or C licensee, intends to carry a firearm, as	5780
defined in section 2923.11 of the Revised Code, in the course of	5781
engaging in the business or employment, the licensee or registered	5782
employee shall satisfactorily complete a firearms basic training	5783
program that includes twenty hours of handgun training and five	5784
hours of training in the use of other firearms, if any other	5785
firearm is to be used, or equivalency training, if authorized, or	5786
shall be a former peace officer who previously had successfully	5787
completed a firearms training course, shall receive a certificate	5788
of satisfactory completion of that program or written evidence of	5789
approval of the equivalency training, shall file an application	5790
for registration, shall receive a firearm-bearer notation on the	5791
licensee's or registered employee's identification card, and shall	5792
annually requalify on a firearms range, all as described in	5793
division (A) of section 4749.10 of the Revised Code. A private	5794
investigator, security guard provider, or employee is authorized	5795
to carry a firearm only in accordance with that division.	5796

(E) This section does not apply to commissioned peace	5797
officers, as defined in division (B) of section 2935.01 of the	5798
Revised Code, working for, either as an employee or independent	5799
contractor, a class A, B, or C licensee. For purposes of this	5800
chapter, a commissioned peace officer is an employee exempt from	5801
registration.	5802

(F) The registration of an investigator or security guard	5803
employee expires annually on the anniversary date of its initial	5804
issuance. Annual renewals shall be made pursuant to procedures the	5805
director establishes by rule and upon payment of a renewal fee the	5806
director determines, not to exceed thirty-five dollars. The	5807
director shall not renew the registration of any investigator or	5808
security guard employee who no longer meets the requirements of	5809
this section. No background check is required for annual renewal,	5810
but an investigator or security guard employee shall report any	5811
felony conviction to the employer and the director of public	5812
safety as a condition of continued registration.	5813

Sec. 4749.10.  (A) No class A, B, or C licensee and no	5814
registered employee of a class A, B, or C licensee shall carry a	5815
firearm, as defined in section 2923.11 of the Revised Code, in the	5816
course of engaging in the business of private investigation, the	5817
business of security services, or both businesses, unless all of	5818
the following apply:	5819

(1) The licensee or employee either has successfully	5820
completed a basic firearm training program at a training school	5821
approved by the Ohio peace officer training commission, which	5822
program includes twenty hours of training in handgun use and, if	5823
any firearm other than a handgun is to be used, five hours of	5824
training in the use of other firearms, and has received a	5825
certificate of satisfactory completion of that program from the	5826
executive director of the commission; the licensee or employee	5827
has, within three years prior to November 27, 1985, satisfactorily	5828
completed firearms training that has been approved by the	5829
commission as being equivalent to such a program and has received	5830
written evidence of approval of that training from the executive	5831
director of the commission; or the licensee or employee is a	5832
former peace officer, as defined in section 109.71 of the Revised	5833
Code, who previously had successfully completed a firearms	5834
training course at a training school approved by the Ohio peace	5835
officer training commission and has received a certificate or	5836
other evidence of satisfactory completion of that course from the	5837
executive director of the commission.	5838

(2) The licensee or employee submits an application to the	5839
director of public safety, on a form prescribed by the director,	5840
in which the licensee or employee requests registration as a class	5841
A, B, or C licensee or employee who may carry a firearm. The	5842
application shall be accompanied by a copy of the certificate or	5843
the written evidence or other evidence described in division	5844
(A)(1) of this section, the identification card issued pursuant to	5845
section 4749.03 or 4749.06 of the Revised Code if one has	5846
previously been issued, a statement of the duties that will be	5847
performed while the licensee or employee is armed, and a fee of	5848
tenthe director determines, not to exceed fifteen dollars. In the	5849
case of a registered employee, the statement shall be prepared by	5850
the employing class A, B, or C licensee.	5851

(3) The licensee or employee receives a notation on the	5852
licensee's or employee's identification card that the licensee or	5853
employee is a firearm-bearer and carries the identification card	5854
whenever the licensee or employee carries a firearm in the course	5855
of engaging in the business of private investigation, the business	5856
of security services, or both businesses.	5857

(4) At any time within the immediately preceding twelve-month	5858
period, the licensee or employee has requalified in firearms use	5859
on a firearms training range at a firearms requalification program	5860
certified by the Ohio peace officer training commission or on a	5861
firearms training range under the supervision of an instructor	5862
certified by the commission and has received a certificate of	5863
satisfactory requalification from the certified program or	5864
certified instructor, provided that this division does not apply	5865
to any licensee or employee prior to the expiration of eighteen	5866
months after the licensee's or employee's completion of the	5867
program described in division (A)(1) of this section. A	5868
certificate of satisfactory requalification is valid and remains	5869
in effect for twelve months from the date of the requalification.	5870

(5) If division (A)(4) of this section applies to the	5871
licensee or employee, the licensee or employee carries the	5872
certificate of satisfactory requalification that then is in effect	5873
or any other evidence of requalification issued or provided by the	5874
director.	5875

(B)(1) The director of public safety shall register an	5876
applicant under division (A) of this section who satisfies	5877
divisions (A)(1) and (2) of this section, and place a notation on	5878
the applicant's identification card indicating that the applicant	5879
is a firearm-bearer and the date on which the applicant completed	5880
the program described in division (A)(1) of this section.	5881

(2) A firearms requalification training program or instructor	5882
certified by the commission for the annual requalification of	5883
class A, B, or C licensees or employees who are authorized to	5884
carry a firearm under section 4749.10 of the Revised Code shall	5885
award a certificate of satisfactory requalification to each class	5886
A, B, or C licensee or registered employee of a class A, B, or C	5887
licensee who satisfactorily requalifies in firearms training. The	5888
certificate shall identify the licensee or employee and indicate	5889
the date of the requalification. A licensee or employee who	5890
receives such a certificate shall submit a copy of it to the	5891
director of public safety. A licensee shall submit the copy of the	5892
requalification certificate at the same time that the licensee	5893
makes application for renewal of the licensee's class A, B, or C	5894
license. The director shall keep a record of all copies of	5895
requalification certificates the director receives under this	5896
division and shall establish a procedure for the updating of	5897
identification cards to provide evidence of compliance with the	5898
annual requalification requirement. The procedure for the updating	5899
of identification cards may provide for the issuance of a new card	5900
containing the evidence, the entry of a new notation containing	5901
the evidence on the existing card, the issuance of a separate card	5902
or paper containing the evidence, or any other procedure	5903
determined by the director to be reasonable. Each person who is	5904
issued a requalification certificate under this division promptly	5905
shall pay to the Ohio peace officer training commission	5906
established by section 109.71 of the Revised Code a fee of five	5907
the director determines, not to exceed fifteen dollars, which fee	5908
shall be transmitted to the treasurer of state for deposit in the	5909
peace officer private security fund established by section 109.78	5910
of the Revised Code.	5911

(C) Nothing in this section prohibits a private investigator	5912
or a security guard provider from carrying a concealed handgun if	5913
the private investigator or security guard provider complies with	5914
sections 2923.124 to 2923.1213 of the Revised Code.	5915

Sec. 4765.07.  (A) The state board of emergency medical	5916
services shall adopt rules under section 4765.11 of the Revised	5917
Code to establish and administer a grant program under which	5918
grants are distributed according to the following priorities:	5919

(1) First priority shall be given to emergency medical	5920
service organizations for the training of personnel, for the	5921
purchase of equipment and vehicles, and to improve the	5922
availability, accessibility, and quality of emergency medical	5923
services in this state. In this category, the board shall give	5924
priority to grants that fund training and equipping of emergency	5925
medical service personnel.	5926

(2) Second priority shall be given to entities that research	5927
the causes, nature, and effects of traumatic injuries, educate the	5928
public about injury prevention, and implement, test, and evaluate	5929
injury prevention strategies.	5930

(3) Third priority shall be given to entities that research,	5931
test, and evaluate procedures that promote the rehabilitation,	5932
retraining, and reemployment of adult or pediatric trauma victims	5933
and social service support mechanisms for adult or pediatric	5934
trauma victims and their families.	5935

(4) Fourth priority shall be given to entities that research,	5936
test, and evaluate medical procedures related to adult and	5937
pediatric trauma care.	5938

(B) The grant program shall be funded from the trauma and	5939
emergency medical services grants fund created by section 4513.263	5940
of the Revised Code.	5941

Sec. 4765.11.  (A) The state board of emergency medical	5942
services shall adopt, and may amend and rescind, rules in	5943
accordance with Chapter 119. of the Revised Code and division (C)	5944
of this section that establish all of the following:	5945

(1) Procedures for its governance and the control of its	5946
actions and business affairs;	5947

(2) Standards for the performance of emergency medical	5948
services by first responders, emergency medical technicians-basic,	5949
emergency medical technicians-intermediate, and emergency medical	5950
technicians-paramedic;	5951

(3) Application fees for certificates of accreditation,	5952
certificates of approval, certificates to teach, and certificates	5953
to practice, which shall be deposited into the trauma and	5954
emergency medical services fund created in section 4513.263 of the	5955
Revised Code;	5956

(4) Criteria for determining when the application or renewal	5957
fee for a certificate to practice may be waived because an	5958
applicant cannot afford to pay the fee;	5959

(5) Procedures for issuance and renewal of certificates of	5960
accreditation, certificates of approval, certificates to teach,	5961
and certificates to practice, including any procedures necessary	5962
to ensure that adequate notice of renewal is provided in	5963
accordance with division (D) of section 4765.30 of the Revised	5964
Code;	5965

(6) Procedures for suspending or revoking certificates of	5966
accreditation, certificates of approval, certificates to teach,	5967
and certificates to practice;	5968

(7) Grounds for suspension or revocation of a certificate to	5969
practice issued under section 4765.30 of the Revised Code and for	5970
taking any other disciplinary action against a first responder,	5971
EMT-basic, EMT-I, or paramedic;	5972

(8) Procedures for taking disciplinary action against a first	5973
responder, EMT-basic, EMT-I, or paramedic;	5974

(9) Standards for certificates of accreditation and	5975
certificates of approval;	5976

(10) Qualifications for certificates to teach;

5977

(11) Requirements for a certificate to practice;

5978

(12) The curricula, number of hours of instruction and	5979
training, and instructional materials to be used in adult and	5980
pediatric emergency medical services training programs and adult	5981
and pediatric emergency medical services continuing education	5982
programs;	5983

(13) Procedures for conducting courses in recognizing	5984
symptoms of life-threatening allergic reactions and in calculating	5985
proper dosage levels and administering injections of epinephrine	5986
to adult and pediatric patients who suffer life-threatening	5987
allergic reactions;	5988

(14) Examinations for certificates to practice;

5989

(15) Procedures for administering examinations for	5990
certificates to practice;	5991

(16) Procedures for approving examinations that demonstrate	5992
competence to have a certificate to practice renewed without	5993
completing an emergency medical services continuing education	5994
program;	5995

(17) Procedures for granting extensions and exemptions of	5996
emergency medical services continuing education requirements;	5997

(18) Procedures for approving the additional emergency	5998
medical services first responders are authorized by division (C)	5999
of section 4765.35 of the Revised Code to perform, EMTs-basic are	6000
authorized by division (C) of section 4765.37 of the Revised Code	6001
to perform, EMTs-I are authorized by division (B)(5) of section	6002
4765.38 of the Revised Code to perform, and paramedics are	6003
authorized by division (B)(6) of section 4765.39 of the Revised	6004
Code to perform;	6005

(19) Standards and procedures for implementing the	6006
requirements of section 4765.06 of the Revised Code, including	6007
designations of the persons who are required to report information	6008
to the board and the types of information to be reported;	6009

(20) Procedures for administering the emergency medical	6010
services grant program established under section 4765.07 of the	6011
Revised Code;	6012

(21) Procedures consistent with Chapter 119. of the Revised	6013
Code for appealing decisions of the board;	6014

(22) Minimum qualifications and peer review and quality	6015
improvement requirements for persons who provide medical direction	6016
to emergency medical service personnel.	6017

(B) The board may adopt, and may amend and rescind, rules in	6018
accordance with Chapter 119. of the Revised Code and division (C)	6019
of this section that establish the following:	6020

(1) Specifications of information that may be collected under	6021
the trauma system registry and incidence reporting system created	6022
under section 4765.06 of the Revised Code;	6023

(2) Standards and procedures for implementing any of the	6024
recommendations made by any committees of the board or under	6025
section 4765.57 of the Revised Code;	6026

(3) Requirements that a person must meet to receive a	6027
certificate to practice as a first responder pursuant to division	6028
(A)(2) of section 4765.30 of the Revised Code;	6029

(4) Any other rules necessary to implement this chapter.

6030

(C) In developing and administering rules adopted under this	6031
chapter, the state board of emergency medical services shall	6032
consult with regional directors and regional physician advisory	6033
boards created by section 4765.05 of the Revised Code and	6034
emphasize the special needs of pediatric and geriatric patients.	6035

(D) Except as otherwise provided in this division, before	6036
adopting, amending, or rescinding any rule under this chapter, the	6037
board shall submit the proposed rule to the director of public	6038
safety for review. The director may review the proposed rule for	6039
not more than sixty days after the date it is submitted. If,	6040
within this sixty-day period, the director approves the proposed	6041
rule or does not notify the board that the rule is disapproved,	6042
the board may adopt, amend, or rescind the rule as proposed. If,	6043
within this sixty-day period, the director notifies the board that	6044
the proposed rule is disapproved, the board shall not adopt,	6045
amend, or rescind the rule as proposed unless at least twelve	6046
members of the board vote to adopt, amend, or rescind it.	6047

This division does not apply to an emergency rule adopted in	6048
accordance with section 119.03 of the Revised Code.	6049

Sec. 5501.11. (A) The functions of the department of	6050
transportation with respect to highways shall be to do all of the	6051
following:	6052

(A) To establish(1) Establish state highways on existing	6053
roads, streets, and new locations and to construct, reconstruct,	6054
widen, resurface, maintain, and repair the state system of	6055
highways and the bridges and culverts thereon;	6056

(B) To co-operate(2) Cooperate with the federal government	6057
in the establishment, construction, reconstruction, improvement,	6058
maintenance, and repair of post roads and other roads designated	6059
by the federal authorities;	6060

(C) To conduct(3) Conduct research and to co-operate	6061
cooperate with organizations conducting research in matters	6062
pertaining to highway design, construction, maintenance, material,	6063
safety, and traffic;	6064

(D) To co-operate(4) Cooperate with the counties, municipal	6065
corporations, townships, and other subdivisions of the state in	6066
the establishment, construction, reconstruction, maintenance,	6067
repair, and improvement of the public roads and bridges.	6068

(B) To fulfill its functions under division (A) of this	6069
section and ensure that a disproportionate percentage of the roads	6070
and bridges on the state highway system are not due for	6071
replacement or major repair at the same time, the department shall	6072
develop and maintain a pavement management system. The system	6073
shall inventory and evaluate basic road and bridge conditions	6074
throughout the state highway system and develop strategies to	6075
improve those conditions and to minimize annual maintenance of the	6076
state highway system.	6077

Sec. 5503.04.  Forty-five per cent of the fines collected	6078
from or moneys arising from bail forfeited by persons apprehended	6079
or arrested by state highway patrol troopers shall be paid into	6080
the state treasury to be credited to the general revenue fund,	6081
five per cent shall be paid into the state treasury to be credited	6082
to the trauma and emergency medical services grants fund created	6083
by division (E) of section 4513.263 of the Revised Code, and fifty	6084
per cent shall be paid into the treasury of the municipal	6085
corporation where the case is prosecuted, if in a mayor's court.	6086
If the prosecution is in a trial court outside a municipal	6087
corporation, or outside the territorial jurisdiction of a	6088
municipal court, the fifty per cent of the fines and moneys that	6089
is not paid into the state treasury shall be paid into the	6090
treasury of the county where the case is prosecuted. The fines and	6091
moneys paid into a county treasury and the fines and moneys paid	6092
into the treasury of a municipal corporation shall be deposited	6093
one-half to the same fund and expended in the same manner as is	6094
the revenue received from the registration of motor vehicles, and	6095
one-half to the general fund of such county or municipal	6096
corporation.	6097

If the prosecution is in a municipal court, forty-five per	6098
cent of the fines and moneys shall be paid into the state treasury	6099
to be credited to the general revenue fund, five per cent shall be	6100
paid into the state treasury to be credited to the trauma and	6101
emergency medical services grants fund created by division (E) of	6102
section 4513.263 of the Revised Code, ten per cent shall be paid	6103
into the county treasury to be credited to the general fund of the	6104
county, and forty per cent shall be paid into the municipal	6105
treasury to be credited to the general fund of the municipal	6106
corporation. In the Auglaize county, Clermont county, Crawford	6107
county, Hocking county, Jackson county, Lawrence county, Madison	6108
county, Miami county, Ottawa county, Portage county, and Wayne	6109
county municipal courts, that portion of money otherwise paid into	6110
the municipal treasury shall be paid into the county treasury.	6111

The trial court shall make remittance of the fines and moneys	6112
as prescribed in this section, and at the same time as the	6113
remittance is made of the state's portion to the state treasury,	6114
the trial court shall notify the superintendent of the state	6115
highway patrol of the case and the amount covered by the	6116
remittance.	6117

This section does not apply to fines for violations of	6118
division (B) of section 4513.263 of the Revised Code, or for	6119
violations of any municipal ordinance that is substantively	6120
comparable to that division, all of which shall be delivered to	6121
the treasurer of state as provided in division (E) of section	6122
4513.263 of the Revised Code.	6123

Sec. 5513.04.  (A) Notwithstanding sections 125.12, 125.13,	6124
and 125.14 of the Revised Code, the director of transportation,	6125
after notice as provided in sections 5513.01 and 5513.02 of the	6126
Revised Code with respect to purchase,may sell, transfer, or	6127
otherwise dispose of any item of personal property that is not	6128
needed by the department of transportation. The director may	6129
exchange any such item, in the manner provided for in this	6130
chapter, and pay the balance of the cost of such new item from	6131
funds appropriated to the department. The director also may accept	6132
a credit voucher or cash in an amount mutually agreed upon between	6133
a vendor and the department. The director shall apply the amount	6134
of any credit voucher to future purchases from that vendor and	6135
shall deposit any cash into the state treasury to the credit of	6136
the highway operating fund created in section 5735.291 of the	6137
Revised Code.	6138

(B)(1) The director may sell or transfer any structure,	6139
machinery, tools, equipment, parts, material, office furniture, or	6140
supplies unfit for use or not needed by the department of	6141
transportation. The director may sell or transfer any item	6142
specified in this division to any agency of the state or a	6143
political subdivision of the state without notice of the proposed	6144
disposal and upon any mutually agreed upon terms. The director may	6145
exchange any such item, in the manner provided for in this	6146
chapter, and pay the balance of the cost of such new item from any	6147
funds appropriated to the department. The director also may accept	6148
a credit voucher in an amount mutually agreed upon between a	6149
vendor and the department. The amount of the credit voucher shall	6150
be applied to future purchases from that vendor.	6151

(B) Notwithstanding sections 125.12, 125.13, and 125.14 of	6152
the Revised Code, the director, after notice as provided in this	6153
chapter with respect to purchase, may sell	6154

(2) Before selling any passenger vehicle, van, truck,	6155
trailer, or other heavy equipment unfit for use or not required by	6156
the department. Prior to such sale, the director shall notify each	6157
county, municipal corporation, township, and school district of	6158
the sale. The director shall similarly notify the board of	6159
trustees of any regional water and sewer district established	6160
under Chapter 6119. of the Revised Code, when the board has	6161
forwarded to the director the district's name and current business	6162
address. For the purposes of this division, the name and current	6163
business address of a regional water and sewer district shall be	6164
forwarded to the director once each year during any year in which	6165
the board wishes the notification to be given. The notice required	6166
by this division may be given by the most economical means	6167
considered to be effective, including, but not limited to, regular	6168
mail, electronic mail, electronic bulletin board, and publication	6169
in a periodical or newspaper. If after seven days following	6170
mailing or other issuance of the director's notice, no county,	6171
municipal corporation, township, regional water and sewer	6172
district, educational service center, or school district has	6173
notified the director that it wishes to purchase any such vehicle	6174
or other heavy equipment, the director may proceed with the sale	6175
under division (D)(C) of this section. The director may exchange	6176
such vehicles and other heavy equipment for new vehicles or other	6177
heavy equipment, in the manner provided for in sections 5513.01 to	6178
5513.04 of the Revised Code, and pay the balance of the cost of	6179
such new vehicles or other heavy equipment from the funds	6180
appropriated to the department. The director also may elect to	6181
accept a credit voucher from a vendor in an amount mutually agreed	6182
to by the department and the vendor. The director shall apply the	6183
credit voucher to future purchases from that vendor.	6184

In an emergency situation as determined bythe discretion of	6185
the director, the director may transfer any vehiclesvehicle or	6186
other heavy equipment that is unfit for use or not needed by the	6187
department to any agency of the state or political subdivision of	6188
the state without advertising for bids and upon mutually agreed to	6189
upon terms.	6190

(C)(3) The director may sell or otherwise dispose of any	6191
structure or structural materials salvaged on the state highway	6192
system that in the director's judgment are no longer needed by the	6193
department, or that, through wear or obsolescence, have become	6194
unfit for use. The director may transfer the structure or	6195
materials to counties, municipal corporations, school districts,	6196
or other governmentalpolitical subdivisions without advertising	6197
for bids and upon mutually agreed toupon terms. The director may	6198
transfer the structure or structuresstructural materials to a	6199
nonprofit corporation upon being furnished a copy of a contract	6200
between the nonprofit corporation and a county, municipal	6201
corporation, or other governmentalpolitical subdivision to which	6202
the structure is to be moved pursuant to which the nonprofit	6203
corporation must make the structure or structuresstructural	6204
materials available for rent or sale within a period of three	6205
months after becoming available for occupancy to an individual or	6206
family which has been displaced by governmental action or which	6207
occupies substandard housing as certified by such governmental	6208
political subdivision, without advertising for bids. Any such	6209
transfers shall be for such consideration as shall be determined	6210
by the director to be fair and reasonable, and shall be upon such	6211
terms and specifications with respect to performance and indemnity	6212
as shall be determined necessary by the director.	6213

When, in carrying out an improvement that replaces any	6214
structure or structural materials, it is advantageous to dispose	6215
of the structure or structural materials by providing in the	6216
contract for the improvement that the structure or structural	6217
materials, or any part thereof, shall become the property of the	6218
contractor, the director may so proceed.	6219

(D)(C)(1) Any item specified in division (A), (B), or (C) of	6220
this section that has an estimated market value greater than one	6221
thousand dollars and that has not been sold or transferred as	6222
provided in those divisionsdivision (B) of this section may be	6223
sold at a public sale, as determined by the director. The director	6224
may authorize such sale by the district deputy directors of	6225
transportation, and the proceedings of such sale shall be	6226
conducted in the same manner as provided for sales by the	6227
director. The director may establish a minimum price for any item	6228
to be sold and may establish any other terms, conditions, and	6229
manner for the sale of a particular item, which may be on any	6230
basis the director determines to be most advantageous to the	6231
department. The director may reject any offer or bid for an item.	6232
The director may remove any item from a sale if it develops that a	6233
public authority has a use for the item. In any notice of a sale,	6234
the director shall include a brief description of the item to be	6235
sold, the terms and conditions of the sale, and a statement of the	6236
time, place, and manner of the sale.	6237

Before making any sale under division (D)(1) of this section	6238
(2)(a) If, in the opinion of the director, any item to be sold has	6239
an estimated fair market value in excess of one thousand dollars,	6240
the director shall givepost a notice of the sale by posting, for	6241
not less than ten days, a written, typed, or printed invitation to	6242
bidders on a traditional or electronic bulletin board in the	6243
officeson the official web site of the department. The bulletin	6244
board shall be located in a place open to the public during normal	6245
business hoursIf the district where the property is located	6246
maintains a web site, notice of the sale also shall be posted on	6247
that web site. At least ten days before bids are to be received	6248
the sale, the director also shall publish one notice of the sale	6249
in a periodical or newspaper of general circulation in the region	6250
in which the items are located. The invitation to bidders and the	6251
published notice of the sale shall contain a brief description of	6252
the items to be sold and a statement of the time and place where	6253
bids will be received. The director may receive bids and make such	6254
sale on any basis the director determines is most advantageous to	6255
the department. A sale under division (D)(1) of this section shall	6256
be made to the highest responsible bidder. If, after invitations	6257
are issued, it develops that any public authority has use for any	6258
of the items, the director may reject all bids and dispose of the	6259
items as set out in this section.	6260

(2)(b) If, in the opinion of the director, any item specified	6261
in division (A), (B), or (C) of this sectionto be sold has an	6262
estimated fair market value of one thousand dollars or less, the	6263
director is not required to advertise the proposed sale except by	6264
notice posted on a traditional or electronic bulletin board in one	6265
or more officesthe official web site of the department. The	6266
bulletin board shall be located in a place open to the public	6267
during normal business hours. The notice shall be posted for at	6268
least five working days and shall contain a brief description of	6269
the items to be sold and a statement of the time and place where	6270
bids will be received. The director may receive bids and make such	6271
sale on any basis the director determines is most advantageous to	6272
the department. Sale of any item using this method of advertising	6273
shall be made to the highest responsible bidder. If it develops	6274
that any public authority has use for any of the items, the	6275
director may reject all bids and dispose of the items as set out	6276
in this section.	6277

(E)(D) Proceeds of any sale described in this section shall	6278
be paid into the state treasury to the credit of the state highway	6279
operating fund or any other fund of the department as determined	6280
by the director.	6281

(E) Once each year, the state board of education shall	6282
provide the director with a current list of the addresses of all	6283
school districts and educational service centers in the state.	6284

(F) As used in this section, "school:

6285

(1) "Personal property" means any structure or structural	6286
material, machinery, tools, equipment, parts, material, office	6287
furniture, supplies, passenger vehicle, van, truck, trailer, or	6288
other heavy equipment of the department;	6289

(2) "School district" means any city school district, local	6290
school district, exempted village school district, cooperative	6291
education school district, and joint vocational school district,	6292
as defined in Chapter 3311. of the Revised Code. Once each year,	6293
the state board of education shall provide the director with a	6294
current list of the addresses of all school districts and	6295
educational service centers in the state.	6296

(3) "Sale" means fixed price sale, live or internet auction,	6297
or any other type of sale determined by the director.	6298

Sec. 5525.01.  Before entering into a contract the director	6299
of transportation shall advertise for bids for two consecutive	6300
weeks in one newspaper of general circulation published in the	6301
county in which the improvement or part thereof is located, but if	6302
there is no such newspaper then in one newspaper having general	6303
circulation in an adjacent county. The director may advertise for	6304
bids in such other publications as the director considers	6305
advisable. Such notices shall state that plans and specifications	6306
for the improvement are on file in the office of the director and	6307
the district deputy director of the district in which the	6308
improvement or part thereof is located and the time within which	6309
bids therefor will be received.	6310

Each bidder shall be required to file with the bidder's bid a	6311
bid guaranty in the form of a certified check or cashier's check	6312
for an amount equal to five per cent of the bidder's bid, but in	6313
no event more than fifty thousand dollars, or a bid bond for ten	6314
per cent of the bidder's bid, payable to the director, which check	6315
or bond shall be forthwith returned to the bidder in case the	6316
contract is awarded to another bidder, or, in case of a successful	6317
bidder, when the bidder has entered into a contract and furnished	6318
the bonds required by section 5525.16 of the Revised Code. In the	6319
event the contract is awarded to a bidder, and the bidder fails or	6320
refuses to furnish the bonds as required by section 5525.16 of the	6321
Revised Code, the check or bid bond filed with the bidder's bid	6322
shall be forfeited as liquidated damages. No bidder shall be	6323
required either to file a signed contract with the bidder's bid,	6324
to enter into a contract, or to furnish the contract performance	6325
bond and the payment bond required by that section until the bids	6326
have been opened and the bidder has been notified by the director	6327
that the bidder is awarded the contract.	6328

The director shall permit a bidder to withdraw the bidder's	6329
bid from consideration, without forfeiture of the certified check	6330
or bid bond filed with the bid, providing a written request	6331
together with a sworn statement of the grounds for such withdrawal	6332
is delivered within forty-eight hours after the time established	6333
for the receipt of bids, and if the price bid was substantially	6334
lower than the other bids, providing the bid was submitted in good	6335
faith, and the reason for the price bid being substantially lower	6336
was a clerical mistake evident on the face of the bid, as opposed	6337
to a judgment mistake, and was actually due to an unintentional	6338
and substantial arithmetic error or an unintentional omission of a	6339
substantial quantity of work, labor, or material made directly in	6340
the compilation of the bid. In the event the director decides the	6341
conditions for withdrawal have not been met, the director may	6342
award the contract to such bidder. If such bidder does not then	6343
enter into a contract and furnish the contract bond as required by	6344
law, the director may declare forfeited the certified check or bid	6345
bond as liquidated damages and award the contract to the next	6346
higher bidder or reject the remaining bids and readvertise the	6347
project for bids. Such bidder may, within thirty days, appeal the	6348
decision of the director to the court of common pleas of Franklin	6349
county and the court may affirm or reverse the decision of the	6350
director and may order the director to refund the amount of the	6351
forfeiture. At the hearing before the common pleas court evidence	6352
may be introduced for and against the decision of the director.	6353
The decision of the common pleas court may be appealed as in other	6354
cases.	6355

The director shall require all bidders to furnish the	6356
director under oath, upon such printed forms as the director may	6357
prescribe, detailed information with respect to all pending work	6358
of the bidder, whether with the department of transportation or	6359
otherwise, together with such other information as the director	6360
considers necessary.	6361

In the event a bidder fails to submit anything required to be	6362
submitted with the bid and then fails or refuses to so submit such	6363
at the request of the director, the failure or refusal constitutes	6364
grounds for the director, in the director's discretion, to declare	6365
as forfeited the bid guaranty submitted with the bid.	6366

The director may reject any or all bids. Except in regard to	6367
contracts for environmental remediation and specialty work for	6368
which there are no classes of work set out in the rules adopted by	6369
the director, if the director awards the contract, the director	6370
shall award it to the lowest competent and responsible bidder as	6371
defined by rules adopted by the director under section 5525.05 of	6372
the Revised Code, who is qualified to bid under sections 5525.02	6373
to 5525.09 of the Revised Code. In regard to contracts for	6374
environmental remediation and specialty work for which there are	6375
no classes of work set out in the rules adopted by the director,	6376
the director shall competitively bid the projects in accordance	6377
with this chapter and shall award the contracts to the lowest and	6378
best bidder.	6379

The award for all projects competitively let by the director	6380
under this section shall be made within ten days after the date on	6381
which the bids are opened, and the successful bidder shall enter	6382
into a contract and furnish a contract performance bond and a	6383
payment bond, as provided for in section 5525.16 of the Revised	6384
Code, within ten days after the bidder is notified that the bidder	6385
has been awarded the contract.	6386

The director may insert in any contract awarded under this	6387
chapter a clause providing for value engineering change proposals,	6388
under which a contractor who has been awarded a contract may	6389
propose a change in the plans and specifications of the project	6390
that saves the department time or money on the project without	6391
impairing any of the essential functions and characteristics of	6392
the project such as service life, reliability, economy of	6393
operation, ease of maintenance, safety, and necessary standardized	6394
features. If the director adopts the value engineering proposal,	6395
the savings from the proposal shall be divided between the	6396
department and the contractor according to guidelines established	6397
by the director, provided that the contractor shall receive at	6398
least fifty per cent of the savings from the proposal. The	6399
adoption of a value engineering proposal does not invalidate the	6400
award of the contract or require the director to rebid the	6401
project.	6402

Sec. 5525.10. NoExcept as provided in section 5525.15 of	6403
the Revised Code, no contract for any road improvement shall be	6404
awarded for a greater sum than the estimated cost thereof plus	6405
five per cent. The bids received for an improvement shall be	6406
opened at the time and place stated in the notice and the bids	6407
shall conform to such other requirements as the director of	6408
transportation prescribes. If no acceptable bid is made the	6409
director may readvertise the work at the original estimate or	6410
amend the estimate and again proceed to advertise for bids. The	6411
director may contract for the construction or improvement of	6412
bridges and culverts or the grading required in connection with an	6413
improvement and may defer making contracts for the remainder of	6414
said improvement until such grade has become stable and solid.	6415

Sec. 5525.15.  The director of transportation may provide	6416
that the estimate of cost of any project to be constructed by the	6417
department by the taking of bids and awarding of contracts shall	6418
be confidential information and so remain until after all bids on	6419
the project have been received. The estimate then shall be	6420
publicly read prior to the opening of the bids of the subject.	6421

When the director exercises the authority conferred by this	6422
section, all information with respect to the total estimate of	6423
cost of the project to be built by contract and with respect to	6424
the estimate of cost of any particular item of work involved	6425
therein shall be kept and regarded by the director and all the	6426
director's subordinates as confidential, and shall not be revealed	6427
to any person not employed in the department, or by the United	6428
States department of transportation in the case of projects	6429
financed in whole or part by federal funds, until after the bids	6430
on the project have been opened and read. Section 5517.01 of the	6431
Revised Code with respect to the public inspection of estimates of	6432
cost prior to the opening of bids and with respect to filing	6433
estimates of cost in the office of the district deputy director of	6434
transportation does not apply when the authority conferred by this	6435
section is exercised. This section does not prohibit the	6436
department from furnishing estimates of cost to counties,	6437
municipal corporations, or other local political subdivisions or	6438
to railroad or railway companies proposing to pay any portion of	6439
the cost of an improvement.	6440

Section 5525.10 of the Revised Code, which provides that no	6441
contract for any improvement shall be awarded for a greater sum	6442
than the estimated cost thereof plus five per cent, does not apply	6443
in the case of any project with respect to which the authority	6444
conferred by this section is exercised. In cases in which the	6445
authority conferred by this section is exercised and in which the	6446
bid of the successful bidder exceeds the estimate, the director,	6447
before entering into a contract, shall determine that the bid of	6448
the successful bidder is fair and reasonable, and as long as the	6449
federal government imposes regulation on prices charged for	6450
construction service, shall require the successful bidder to	6451
certify that the bidder's bid does not exceed the maximum	6452
permitted by such federal regulation.	6453

Sec. 5525.25.  (A) For each fiscal year, not more than	6454
one-fifth of the department of transportation's capital	6455
construction projects shall be bid requiring a warranty as	6456
specified in the bidding documents and in division (B) of this	6457
section.	6458

(B) A warranty period under this section shall be:

6459

(1) Not more than seven years, for pavement in the case of	6460
new construction;	6461

(2) Not more than five years, in the case of bridge painting	6462
and pavement resurfacing and rehabilitation;	6463

(3) Not more than two years, in the case of pavement	6464
preventative maintenance, bridge painting, pavement markings,	6465
raised pavement markers, guardrail, and other project items as	6466
determined by the director.	6467

This section does not apply to contracts the director makes	6468
on behalf of a political subdivision.	6469

Sec. 5531.09.  (A) The state infrastructure bank shall	6470
consist of the highway and transit infrastructure bank fund, the	6471
aviation infrastructure bank fund, the rail infrastructure bank	6472
fund, and the infrastructure bank obligations fund, which are	6473
hereby created as funds of the state treasury, to be administered	6474
by the director of transportation and used for the purposes	6475
described in division (B) of this section. The highway and transit	6476
infrastructure bank fund, the aviation infrastructure bank fund,	6477
and the rail infrastructure bank fund shall consist of federal	6478
grants and awards or other assistance received by the state and	6479
eligible for deposit therein under applicable federal law,	6480
payments received by the department in connection with providing	6481
financial assistance for qualifying projects under division (B) of	6482
this section, and such other amounts as may be provided by law.	6483
The infrastructure bank obligations fund shall consist of such	6484
amounts of the proceeds of obligations issued under section	6485
5531.10 of the Revised Code as the director of transportation	6486
determines with the advice of the director of budget and	6487
management; and such other amounts as may be provided by law. The	6488
director of budget and management, upon the request of the	6489
director of transportation, may transfer amounts between the funds	6490
created in this division, except the infrastructure bank	6491
obligations fund. The investment earnings of each fund created by	6492
this division shall be credited to such fund.	6493

(B) The director of transportation shall use the state	6494
infrastructure bank to encourage public and private investment in	6495
transportation facilities that contribute to the multi-modal and	6496
intermodal transportation capabilities of the state, develop a	6497
variety of financing techniques designed to expand the	6498
availability of funding resources and to reduce direct state	6499
costs, maximize private and local participation in financing	6500
projects, and improve the efficiency of the state transportation	6501
system by using and developing the particular advantages of each	6502
transportation mode to the fullest extent. In furtherance of these	6503
purposes, the director shall use the state infrastructure bank to	6504
provide financial assistance to public or private entities for	6505
qualified projects. Such assistance shall be in the form of loans,	6506
loan guarantees, letters of credit, leases, lease-purchase	6507
agreements, interest rate subsidies, debt service reserves, and	6508
such other forms as the director determines to be appropriate. All	6509
fees, charges, rates of interest, payment schedules, security for,	6510
and other terms and conditions relating to such assistance shall	6511
be determined by the director. The highway and transit	6512
infrastructure bank fund, the aviation infrastructure bank fund,	6513
and the rail infrastructure bank fund may be used to pay debt	6514
service on obligations whose proceeds have been deposited into the	6515
infrastructure bank obligations fund.	6516

(C) The director of transportation shall adopt rules	6517
establishing guidelines necessary for the implementation and	6518
exercise of the authority granted by this section, including rules	6519
for receiving, reviewing, evaluating, and selecting projects for	6520
which financial assistance may be approved.	6521

(D) As used in this section and in section 5531.10 of the	6522
Revised Code, "qualified project" means any public or private	6523
transportation project as determined by the director of	6524
transportation, including, without limitation, planning,	6525
environmental impact studies, engineering, construction,	6526
reconstruction, resurfacing, restoring, rehabilitation, or	6527
replacement of public or private transportation facilities within	6528
the state, studying the feasibility thereof, and the acquisition	6529
of real or personal property or interests therein; any highway,	6530
public transit, aviation, rail, or other transportation project	6531
eligible for financing or aid under any federal or state program;	6532
and any project involving the maintaining, repairing, improving,	6533
or construction of any public or private highway, road, street,	6534
parkway, public transit, aviation, or rail project, and any	6535
related rights-of-way, bridges, tunnels, railroad-highway	6536
crossings, drainage structures, signs, guardrails, or protective	6537
structures.	6538

(E) The general assembly finds that state infrastructure	6539
projects, as defined in division (A)(8) of section 5531.10 of the	6540
Revised Code, and the state infrastructure bank, will materially	6541
contribute to the economic revitalization of areas of the state	6542
and result in improving the economic welfare of all the people of	6543
the state. Accordingly, it is declared to be the public purpose of	6544
the state, through operations under sections 5531.09 and 5531.10	6545
of the Revised Code, and other applicable laws adopted pursuant to	6546
Section 13 of Article VIII, Ohio Constitution, and other authority	6547
vested in the general assembly, to assist in and facilitate the	6548
purposes set forth in division (B) of section 5531.10 of the	6549
Revised Code, and to assist and cooperate with any governmental	6550
agency in achieving such purposepurposes.	6551

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

6552

(1) "Bond proceedings" means the resolution, order, trust	6553
agreement, indenture, lease, lease-purchase agreements, and other	6554
agreements, amendments and supplements to the foregoing, or any	6555
one or more or combination thereof, authorizing or providing for	6556
the terms and conditions applicable to, or providing for the	6557
security or liquidity of, obligations issued pursuant to this	6558
section, and the provisions contained in such obligations.	6559

(2) "Bond service charges" means principal, including	6560
mandatory sinking fund requirements for retirement of obligations,	6561
and interest, and redemption premium, if any, required to be paid	6562
by the state on obligations.	6563

(3) "Bond service fund" means the applicable fund and	6564
accounts therein created for and pledged to the payment of bond	6565
service charges, which may be, or may be part of, the state	6566
infrastructure bank revenue bond service fund created by division	6567
(R) of this section including all moneys and investments, and	6568
earnings from investments, credited and to be credited thereto.	6569

(4) "Issuing authority" means the treasurer of state, or the	6570
officer who by law performs the functions of the treasurer of	6571
state.	6572

(5) "Obligations" means bonds, notes, or other evidence of	6573
obligation including interest coupons pertaining thereto, issued	6574
pursuant to this section.	6575

(6) "Pledged receipts" means moneys accruing to the state	6576
from the lease, lease-purchase, sale, or other disposition, or	6577
use, of qualified projects, and from the repayment, including	6578
interest, of loans made from proceeds received from the sale of	6579
obligations; accrued interest received from the sale of	6580
obligations; income from the investment of the special funds; any	6581
gifts, grants, donations, and pledges, and receipts therefrom,	6582
available for the payment of bond service charges; and any amounts	6583
in the state infrastructure bank pledged to the payment of such	6584
charges. If the amounts in the state infrastructure bank are	6585
insufficient for the payment of such charges, "pledged receipts"	6586
also means moneys that are apportioned by the United States	6587
secretary of transportation under United States Code, Title XXIII,	6588
as amended, or any successor legislation, or under any other	6589
federal law relating to aid for highways, and that are to be	6590
received as a grant by the state, to the extent the state is not	6591
prohibited by state or federal law from using such moneys and the	6592
moneys are pledged to the payment of such bond service charges.	6593

(7) "Special funds" or "funds" means, except where the	6594
context does not permit, the bond service fund, and any other	6595
funds, including reserve funds, created under the bond	6596
proceedings, and the state infrastructure bank revenue bond	6597
service fund created by division (R) of this section to the extent	6598
provided in the bond proceedings, including all moneys and	6599
investments, and earnings from investment, credited and to be	6600
credited thereto.	6601

(8) "State infrastructure project" means any public	6602
transportation project undertaken by the state, including, but not	6603
limited to, all components of any such project, as described in	6604
division (D) of section 5131.09 of the Revised Code.	6605

(B) The issuing authority, after giving written notice to the	6606
director of budget and management and upon the certification by	6607
the director of transportation to the issuing authority of the	6608
amount of moneys or additional moneys needed either for state	6609
infrastructure projects or to provide financial assistance for any	6610
of the purposes for which the state infrastructure bank may be	6611
used under section 5531.09 of the Revised Code, or needed for	6612
capitalized interest, funding reserves, and paying costs and	6613
expenses incurred in connection with the issuance, carrying,	6614
securing, paying, redeeming, or retirement of the obligations or	6615
any obligations refunded thereby, including payment of costs and	6616
expenses relating to letters of credit, lines of credit,	6617
insurance, put agreements, standby purchase agreements, indexing,	6618
marketing, remarketing and administrative arrangements, interest	6619
swap or hedging agreements, and any other credit enhancement,	6620
liquidity, remarketing, renewal, or refunding arrangements, all of	6621
which are authorized by this section, shall issue obligations of	6622
the state under this section in the required amount. The proceeds	6623
of such obligations, except for the portion to be deposited in	6624
special funds, including reserve funds, as may be provided in the	6625
bond proceedings, shall as provided in the bond proceedings be	6626
credited to the infrastructure bank obligations fund of the state	6627
infrastructure bank created by section 5531.09 of the Revised Code	6628
and disbursed as provided in the bond proceedings for such	6629
obligations. The issuing authority may appoint trustees, paying	6630
agents, transfer agents, and authenticating agents, and may retain	6631
the services of financial advisors, accounting experts, and	6632
attorneys, and retain or contract for the services of marketing,	6633
remarketing, indexing, and administrative agents, other	6634
consultants, and independent contractors, including printing	6635
services, as are necessary in the issuing authority's judgment to	6636
carry out this section. The costs of such services are payable	6637
from funds of the state infrastructure bank.	6638

(C) TheExcept as otherwise provided in this division, the	6639
holders or owners of such obligations shall have no right to have	6640
moneys raised by taxation by the state of Ohio obligated or	6641
pledged, and moneys so raised shall not be obligated or pledged,	6642
for the payment of bond service charges. The municipal	6643
corporations and counties may pledge and obligate moneys received	6644
pursuant to sections 4501.04, 5709.42, 5709.79, 5735.23, 5735.27,	6645
and 5735.291 of the Revised Code to the payment of amounts payable	6646
by those municipal corporations and counties to the state	6647
infrastructure bank pursuant to section 5531.09 of the Revised	6648
Code, and the bond proceedings for obligations may provide that	6649
such payments shall constitute pledged receipts, provided such	6650
moneys are obligated, pledged, and paid only with respect to	6651
obligations issued exclusively for public transportation projects.	6652
The right of such holders and owners to the payment of bond	6653
service charges is limited to all or that portion of the pledged	6654
receipts and those special funds pledged thereto pursuant to the	6655
bond proceedings for such obligations in accordance with this	6656
section, and each such obligation shall bear on its face a	6657
statement to that effect.	6658

(D) Obligations shall be authorized by order of the issuing	6659
authority and the bond proceedings shall provide for the purpose	6660
thereof and the principal amount or amounts, and shall provide for	6661
or authorize the manner or agency for determining the principal	6662
maturity or maturities, not exceeding twenty-five years from the	6663
date of issuance, the interest rate or rates or the maximum	6664
interest rate, the date of the obligations and the dates of	6665
payment of interest thereon, their denomination, and the	6666
establishment within or without the state of a place or places of	6667
payment of bond service charges. Sections 9.98 to 9.983 of the	6668
Revised Code are applicable to obligations issued under this	6669
section. The purpose of such obligations may be stated in the bond	6670
proceedings in terms describing the general purpose or purposes to	6671
be served. The bond proceedings also shall provide, subject to the	6672
provisions of any other applicable bond proceedings, for the	6673
pledge of all, or such part as the issuing authority may	6674
determine, of the pledged receipts and the applicable special fund	6675
or funds to the payment of bond service charges, which pledges may	6676
be made either prior or subordinate to other expenses, claims, or	6677
payments, and may be made to secure the obligations on a parity	6678
with obligations theretofore or thereafter issued, if and to the	6679
extent provided in the bond proceedings. The pledged receipts and	6680
special funds so pledged and thereafter received by the state	6681
immediately are subject to the lien of such pledge without any	6682
physical delivery thereof or further act, and the lien of any such	6683
pledges is valid and binding against all parties having claims of	6684
any kind against the state or any governmental agency of the	6685
state, irrespective of whether such parties have notice thereof,	6686
and shall create a perfected security interest for all purposes of	6687
Chapter 1309. of the Revised Code, without the necessity for	6688
separation or delivery of funds or for the filing or recording of	6689
the bond proceedings by which such pledge is created or any	6690
certificate, statement, or other document with respect thereto;	6691
and the pledge of such pledged receipts and special funds is	6692
effective and the money therefrom and thereof may be applied to	6693
the purposes for which pledged without necessity for any act of	6694
appropriation. Every pledge, and every covenant and agreement made	6695
with respect thereto, made in the bond proceedings may therein be	6696
extended to the benefit of the owners and holders of obligations	6697
authorized by this section, and to any trustee therefor, for the	6698
further security of the payment of the bond service charges.	6699

(E) The bond proceedings may contain additional provisions as	6700
to:	6701

(1) The redemption of obligations prior to maturity at the	6702
option of the issuing authority at such price or prices and under	6703
such terms and conditions as are provided in the bond proceedings;	6704

(2) Other terms of the obligations;

6705

(3) Limitations on the issuance of additional obligations;

6706

(4) The terms of any trust agreement or indenture securing	6707
the obligations or under which the same may be issued;	6708

(5) The deposit, investment, and application of special	6709
funds, and the safeguarding of moneys on hand or on deposit,	6710
without regard to Chapter 131. or 135. of the Revised Code, but	6711
subject to any special provisions of this section with respect to	6712
particular funds or moneys, provided that any bank or trust	6713
company which acts as depository of any moneys in the special	6714
funds may furnish such indemnifying bonds or may pledge such	6715
securities as required by the issuing authority;	6716

(6) Any or every provision of the bond proceedings being	6717
binding upon such officer, board, commission, authority, agency,	6718
department, or other person or body as may from time to time have	6719
the authority under law to take such actions as may be necessary	6720
to perform all or any part of the duty required by such provision;	6721

(7) Any provision that may be made in a trust agreement or	6722
indenture;	6723

(8) Any other or additional agreements with the holders of	6724
the obligations, or the trustee therefor, relating to the	6725
obligations or the security therefor, including the assignment of	6726
mortgages or other security relating to financial assistance for	6727
qualified projects under section 5531.09 of the Revised Code.	6728

(F) The obligations may have the great seal of the state or a	6729
facsimile thereof affixed thereto or printed thereon. The	6730
obligations and any coupons pertaining to obligations shall be	6731
signed or bear the facsimile signature of the issuing authority.	6732
Any obligations or coupons may be executed by the person who, on	6733
the date of execution, is the proper issuing authority although on	6734
the date of such bonds or coupons such person was not the issuing	6735
authority. In case the issuing authority whose signature or a	6736
facsimile of whose signature appears on any such obligation or	6737
coupon ceases to be the issuing authority before delivery thereof,	6738
such signature or facsimile nevertheless is valid and sufficient	6739
for all purposes as if the former issuing authority had remained	6740
the issuing authority until such delivery; and in case the seal to	6741
be affixed to obligations has been changed after a facsimile of	6742
the seal has been imprinted on such obligations, such facsimile	6743
seal shall continue to be sufficient as to such obligations and	6744
obligations issued in substitution or exchange therefor.	6745

(G) All obligations are negotiable instruments and securities	6746
under Chapter 1308. of the Revised Code, subject to the provisions	6747
of the bond proceedings as to registration. The obligations may be	6748
issued in coupon or in registered form, or both, as the issuing	6749
authority determines. Provision may be made for the registration	6750
of any obligations with coupons attached thereto as to principal	6751
alone or as to both principal and interest, their exchange for	6752
obligations so registered, and for the conversion or reconversion	6753
into obligations with coupons attached thereto of any obligations	6754
registered as to both principal and interest, and for reasonable	6755
charges for such registration, exchange, conversion, and	6756
reconversion.	6757

(H) Obligations may be sold at public sale or at private	6758
sale, as determined in the bond proceedings.	6759

(I) Pending preparation of definitive obligations, the	6760
issuing authority may issue interim receipts or certificates which	6761
shall be exchanged for such definitive obligations.	6762

(J) In the discretion of the issuing authority, obligations	6763
may be secured additionally by a trust agreement or indenture	6764
between the issuing authority and a corporate trustee which may be	6765
any trust company or bank having its principal place of business	6766
within the state. Any such agreement or indenture may contain the	6767
order authorizing the issuance of the obligations, any provisions	6768
that may be contained in any bond proceedings, and other	6769
provisions which are customary or appropriate in an agreement or	6770
indenture of such type, including, but not limited to:	6771

(1) Maintenance of each pledge, trust agreement, indenture,	6772
or other instrument comprising part of the bond proceedings until	6773
the state has fully paid the bond service charges on the	6774
obligations secured thereby, or provision therefor has been made;	6775

(2) In the event of default in any payments required to be	6776
made by the bond proceedings, or any other agreement of the	6777
issuing authority made as a part of the contract under which the	6778
obligations were issued, enforcement of such payments or agreement	6779
by mandamus, the appointment of a receiver, suit in equity, action	6780
at law, or any combination of the foregoing;	6781

(3) The rights and remedies of the holders of obligations and	6782
of the trustee, and provisions for protecting and enforcing them,	6783
including limitations on the rights of individual holders of	6784
obligations;	6785

(4) The replacement of any obligations that become mutilated	6786
or are destroyed, lost, or stolen;	6787

(5) Such other provisions as the trustee and the issuing	6788
authority agree upon, including limitations, conditions, or	6789
qualifications relating to any of the foregoing.	6790

(K) Any holder of obligations or a trustee under the bond	6791
proceedings, except to the extent that the holder's or trustee's	6792
rights are restricted by the bond proceedings, may by any suitable	6793
form of legal proceedings, protect and enforce any rights under	6794
the laws of this state or granted by such bond proceedings. Such	6795
rights include the right to compel the performance of all duties	6796
of the issuing authority and the director of transportation	6797
required by the bond proceedings or sections 5531.09 and 5531.10	6798
of the Revised Code; to enjoin unlawful activities; and in the	6799
event of default with respect to the payment of any bond service	6800
charges on any obligations or in the performance of any covenant	6801
or agreement on the part of the issuing authority or the director	6802
of transportation in the bond proceedings, to apply to a court	6803
having jurisdiction of the cause to appoint a receiver to receive	6804
and administer the pledged receipts and special funds, other than	6805
those in the custody of the treasurer of state, which are pledged	6806
to the payment of the bond service charges on such obligations or	6807
which are the subject of the covenant or agreement, with full	6808
power to pay, and to provide for payment of bond service charges	6809
on, such obligations, and with such powers, subject to the	6810
direction of the court, as are accorded receivers in general	6811
equity cases, excluding any power to pledge additional revenues or	6812
receipts or other income or moneys of the state or local	6813
governmental entities, or agencies thereof, to the payment of such	6814
principal and interest and excluding the power to take possession	6815
of, mortgage, or cause the sale or otherwise dispose of any	6816
project facilities.	6817

Each duty of the issuing authority and the issuing	6818
authority's officers and employees, and of each state or local	6819
governmental agency and its officers, members, or employees,	6820
undertaken pursuant to the bond proceedings or any loan, loan	6821
guarantee, lease, lease-purchase agreement, or other agreement	6822
made under authority of section 5531.09 of the Revised Code, and	6823
in every agreement by or with the issuing authority, is hereby	6824
established as a duty of the issuing authority, and of each such	6825
officer, member, or employee having authority to perform such	6826
duty, specifically enjoined by the law resulting from an office,	6827
trust, or station within the meaning of section 2731.01 of the	6828
Revised Code.	6829

The person who is at the time the issuing authority, or the	6830
issuing authority's officers or employees, are not liable in their	6831
personal capacities on any obligations issued by the issuing	6832
authority or any agreements of or with the issuing authority.	6833

(L) The issuing authority may authorize and issue obligations	6834
for the refunding, including funding and retirement, and advance	6835
refunding with or without payment or redemption prior to maturity,	6836
of any obligations previously issued by the issuing authority.	6837
Such obligations may be issued in amounts sufficient for payment	6838
of the principal amount of the prior obligations, any redemption	6839
premiums thereon, principal maturities of any such obligations	6840
maturing prior to the redemption of the remaining obligations on a	6841
parity therewith, interest accrued or to accrue to the maturity	6842
dates or dates of redemption of such obligations, and any expenses	6843
incurred or to be incurred in connection with such issuance and	6844
such refunding, funding, and retirement. Subject to the bond	6845
proceedings therefor, the portion of proceeds of the sale of	6846
obligations issued under this division to be applied to bond	6847
service charges on the prior obligations shall be credited to an	6848
appropriate account held by the trustee for such prior or new	6849
obligations or to the appropriate account in the bond service fund	6850
for such obligations. Obligations authorized under this division	6851
shall be deemed to be issued for those purposes for which such	6852
prior obligations were issued and are subject to the provisions of	6853
this section pertaining to other obligations, except as otherwise	6854
provided in this section. The last maturity of obligations	6855
authorized under this division shall not be later than twenty-five	6856
years from the date of issuance of the original securities issued	6857
for the original purpose.	6858

(M) The authority to issue obligations under this section	6859
includes authority to issue obligations in the form of bond	6860
anticipation notes and to renew the same from time to time by the	6861
issuance of new notes. The holders of such notes or interest	6862
coupons pertaining thereto shall have a right to be paid solely	6863
from the pledged receipts and special funds that may be pledged to	6864
the payment of the bonds anticipated, or from the proceeds of such	6865
bonds or renewal notes, or both, as the issuing authority provides	6866
in the order authorizing such notes. Such notes may be	6867
additionally secured by covenants of the issuing authority to the	6868
effect that the issuing authority and the state will do such or	6869
all things necessary for the issuance of such bonds or renewal	6870
notes in the appropriate amount, and apply the proceeds thereof to	6871
the extent necessary, to make full payment of the principal of and	6872
interest on such notes at the time or times contemplated, as	6873
provided in such order. For such purpose, the issuing authority	6874
may issue bonds or renewal notes in such principal amount and upon	6875
such terms as may be necessary to provide funds to pay when	6876
required the principal of and interest on such notes,	6877
notwithstanding any limitations prescribed by or for purposes of	6878
this section. Subject to this division, all provisions for and	6879
references to obligations in this section are applicable to notes	6880
authorized under this division.	6881

The issuing authority in the bond proceedings authorizing the	6882
issuance of bond anticipation notes shall set forth for such bonds	6883
an estimated interest rate and a schedule of principal payments	6884
for such bonds and the annual maturity dates thereof.	6885

(N) Obligations issued under this section are lawful	6886
investments for banks, societies for savings, savings and loan	6887
associations, deposit guarantee associations, trust companies,	6888
trustees, fiduciaries, insurance companies, including domestic for	6889
life and domestic not for life, trustees or other officers having	6890
charge of sinking and bond retirement or other special funds of	6891
political subdivisions and taxing districts of this state, the	6892
commissioners of the sinking fund of the state, the administrator	6893
of workers' compensation in accordance with the investment policy	6894
established by the workers' compensation oversight commission	6895
pursuant to section 4121.12 of the Revised Code, the state	6896
teachers retirement system, the public employees retirement	6897
system, the school employees retirement system, and the Ohio	6898
police and fire pension fund, notwithstanding any other provisions	6899
of the Revised Code or rules adopted pursuant thereto by any	6900
agency of the state with respect to investments by them, and are	6901
also acceptable as security for the deposit of public moneys.	6902

(O) Unless otherwise provided in any applicable bond	6903
proceedings, moneys to the credit of or in the special funds	6904
established by or pursuant to this section may be invested by or	6905
on behalf of the issuing authority only in notes, bonds, or other	6906
obligations of the United States, or of any agency or	6907
instrumentality of the United States, obligations guaranteed as to	6908
principal and interest by the United States, obligations of this	6909
state or any political subdivision of this state, and certificates	6910
of deposit of any national bank located in this state and any	6911
bank, as defined in section 1101.01 of the Revised Code, subject	6912
to inspection by the superintendent of financial institutions. If	6913
the law or the instrument creating a trust pursuant to division	6914
(J) of this section expressly permits investment in direct	6915
obligations of the United States or an agency of the United	6916
States, unless expressly prohibited by the instrument, such moneys	6917
also may be invested in no-front-end-load money market mutual	6918
funds consisting exclusively of obligations of the United States	6919
or an agency of the United States and in repurchase agreements,	6920
including those issued by the fiduciary itself, secured by	6921
obligations of the United States or an agency of the United	6922
States; and in collective investment funds as defined in division	6923
(A) of section 1111.01 of the Revised Code and consisting	6924
exclusively of any such securities. The income from such	6925
investments shall be credited to such funds as the issuing	6926
authority determines, and such investments may be sold at such	6927
times as the issuing authority determines or authorizes.	6928

(P) Provision may be made in the applicable bond proceedings	6929
for the establishment of separate accounts in the bond service	6930
fund and for the application of such accounts only to the	6931
specified bond service charges on obligations pertinent to such	6932
accounts and bond service fund and for other accounts therein	6933
within the general purposes of such fund. Unless otherwise	6934
provided in any applicable bond proceedings, moneys to the credit	6935
of or in the several special funds established pursuant to this	6936
section shall be disbursed on the order of the treasurer of state,	6937
provided that no such order is required for the payment from the	6938
bond service fund when due of bond service charges on obligations.	6939

(Q)(1) The issuing authority may pledge all, or such portion	6940
as the issuing authority determines, of the pledged receipts to	6941
the payment of bond service charges on obligations issued under	6942
this section, and for the establishment and maintenance of any	6943
reserves, as provided in the bond proceedings, and make other	6944
provisions therein with respect to pledged receipts as authorized	6945
by this chapter, which provisions are controlling notwithstanding	6946
any other provisions of law pertaining thereto.	6947

(2) An action taken under division (Q)(2) of this section	6948
does not limit the generality of division (Q)(1) of this section,	6949
and is subject to division (C) of this section and, if and to the	6950
extent otherwise applicable, Section 13 of Article VIII, Ohio	6951
Constitution. The bond proceedings may contain a covenant that, in	6952
the event the pledged receipts primarily pledged and required to	6953
be used for the payment of bond service charges on obligations	6954
issued under this section, and for the establishment and	6955
maintenance of any reserves, as provided in the bond proceedings,	6956
are insufficient to make any such payment in full when due, or to	6957
maintain any such reserve, the director of transportation shall so	6958
notify the governor, and shall determine to what extent, if any,	6959
the payment may be made or moneys may be restored to the reserves	6960
from lawfully available moneys previously appropriated for that	6961
purpose to the department of transportation. The covenant also may	6962
provide that if the payments are not made or the moneys are not	6963
immediately and fully restored to the reserves from such moneys,	6964
the director shall promptly submit to the governor and to the	6965
director of budget and management a written request for either or	6966
both of the following:	6967

(a) That the next biennial budget submitted by the governor	6968
to the general assembly include an amount to be appropriated from	6969
lawfully available moneys to the department for the purpose of and	6970
sufficient for the payment in full of bond service charges	6971
previously due and for the full replenishment of the reserves;	6972

(b) That the general assembly be requested to increase	6973
appropriations from lawfully available moneys for the department	6974
in the current biennium sufficient for the purpose of and for the	6975
payment in full of bond service charges previously due and to come	6976
due in the biennium and for the full replenishment of the	6977
reserves.	6978

The director of transportation shall include with such	6979
requests a recommendation that the payment of the bond service	6980
charges and the replenishment of the reserves be made in the	6981
interest of maximizing the benefits of the state infrastructure	6982
bank. Any such covenant shall not obligate or purport to obligate	6983
the state to pay the bond service charges on such bonds or notes	6984
or to deposit moneys in a reserve established for such payments	6985
other than from moneys that may be lawfully available and	6986
appropriated for that purpose during the then-current biennium.	6987

(R) There is hereby created the state infrastructure bank	6988
revenue bond service fund, which shall be in the custody of the	6989
treasurer of state but shall not be a part of the state treasury.	6990
All moneys received by or on account of the issuing authority or	6991
state agencies and required by the applicable bond proceedings,	6992
consistent with this section, to be deposited, transferred, or	6993
credited to the bond service fund, and all other moneys	6994
transferred or allocated to or received for the purposes of the	6995
fund, shall be deposited and credited to such fund and to any	6996
separate accounts therein, subject to applicable provisions of the	6997
bond proceedings, but without necessity for any act of	6998
appropriation. The state infrastructure bank revenue bond service	6999
fund is a trust fund and is hereby pledged to the payment of bond	7000
service charges to the extent provided in the applicable bond	7001
proceedings, and payment thereof from such fund shall be made or	7002
provided for by the treasurer of state in accordance with such	7003
bond proceedings without necessity for any act of appropriation.	7004

(S) The obligations issued pursuant to this section, the	7005
transfer thereof, and the income therefrom, including any profit	7006
made on the sale thereof, shall at all times be free from taxation	7007
within this state.	7008

Sec. 5531.11. The director of transportation, with the	7009
approval of the director of budget and management, may enter into	7010
the following:	7011

(A) Agreements with the United States or any department or	7012
agency thereof, as provided in the "Intergovernmental Cooperation	7013
Act of 1968," 82 Stat. 1098, 31 U.S.C. 6501-6508, as amended, and	7014
any other federal cooperation act. Such an agreement may include	7015
provisions for advance payment by the department of transportation	7016
for labor and all other identifiable costs of providing services	7017
by the United States or any department or agency thereof as may be	7018
estimated by the United States or any department or agency	7019
thereof.	7020

(B) Project cooperation agreements with the United States	7021
department of the army for construction projects, as determined	7022
necessary by the director. Such an agreement may include	7023
provisions for advance payment by the department of transportation	7024
of the department of transportation's contribution or share of the	7025
total project costs and all other identifiable costs of the	7026
project as may be estimated by the United States department of the	7027
army.	7028

Sec. 5537.16.  (A) The Ohio turnpike commission may adopt	7029
such bylaws and rules as it considers advisable for the control	7030
and regulation of traffic on any turnpike project, for the	7031
protection and preservation of property under its jurisdiction and	7032
control, and for the maintenance and preservation of good order	7033
within the property under its control. The rules of the commission	7034
with respect to the speed, axle loads, vehicle loads, and vehicle	7035
dimensions of vehicles on turnpike projects, including the	7036
issuance of a special permit by the commission to allow the	7037
operation on any turnpike project of a motor vehicle transporting	7038
two or fewer steel coils, shall apply notwithstanding sections	7039
4511.21 to 4511.24, 4513.34, and Chapter 5577. of the Revised	7040
Code. Such bylaws and rules shall be published in a newspaper of	7041
general circulation in Franklin county, and in such other manner	7042
as the commission prescribes.	7043

(B) Such rules shall provide that public police officers	7044
shall be afforded ready access, while in the performance of their	7045
official duty, to all property under the jurisdiction of the	7046
commission and without the payment of tolls.	7047

(C) No person shall violate any such bylaws or rules of the	7048
commission. All fines collected for the violation of applicable	7049
laws of the state and the bylaws and rules of the commission or	7050
moneys arising from bonds forfeited for such violation shall be	7051
disposed of in accordance with section 5503.04 of the Revised	7052
Code.	7053

Sec. 5537.17.  (A) Each turnpike project open to traffic	7054
shall be maintained and kept in good condition and repair by the	7055
Ohio turnpike commission. The Ohio turnpike system shall be	7056
policed and operated by a force of police, toll collectors, and	7057
other employees and agents that the commission employs or	7058
contracts for.	7059

(B) All public or private property damaged or destroyed in	7060
carrying out the powers granted by this chapter shall be restored	7061
or repaired and placed in its original condition, as nearly as	7062
practicable, or adequate compensation or consideration made	7063
therefor out of moneys provided under this chapter.	7064

(C) All governmental agencies may lease, lend, grant, or	7065
convey to the commission at its request, upon terms that the	7066
proper authorities of the governmental agencies consider	7067
reasonable and fair and without the necessity for an	7068
advertisement, order of court, or other action or formality, other	7069
than the regular and formal action of the authorities concerned,	7070
any property that is necessary or convenient to the effectuation	7071
of the purposes of the commission, including public roads and	7072
other property already devoted to public use.	7073

(D) Each bridge constituting part of a turnpike project shall	7074
be inspected at least once each year by a professional engineer	7075
employed or retained by the commission.	7076

(E) On or before the first day of AprilJuly in each year,	7077
the commission shall make an annual report of its activities for	7078
the preceding calendar year to the governor and the general	7079
assembly. Each such report shall set forth a complete operating	7080
and financial statement covering the commission's operations	7081
during the year. The commission shall cause an audit of its books	7082
and accounts to be made at least once each year by certified	7083
public accountants, and the cost thereof may be treated as a part	7084
of the cost of operations of the commission. The auditor of state,	7085
at least once a year and without previous notice to the	7086
commission, shall audit the accounts and transactions of the	7087
commission.	7088

(F) The commission shall submit a copy of its annual audit by	7089
the auditor of state and its proposed annual budget for each	7090
calendar or fiscal year to the governor, the presiding officers of	7091
each house of the general assembly, the director of budget and	7092
management, and the legislative budget office of the legislative	7093
service commission no later than the first day of that calendar or	7094
fiscal year.	7095

Sec. 5543.02.  The county engineer shall report to the board	7096
of county commissioners, on or before the first day of AprilJune	7097
in each year, the condition of the county roads, bridges, and	7098
culverts, and estimate the probable amount of funds required to	7099
maintain and repair or to construct any new roads, bridges, or	7100
culverts required within the county.	7101

The engineer shall, on or before the first day of AprilJune	7102
in each year, shall make an annual estimate for the board of	7103
township trustees of each township, setting forth the amount	7104
required by the township for the construction, reconstruction,	7105
resurfacing, or improvement of the public roads within their	7106
jurisdiction. Such estimates shall relate to the year beginning on	7107
the first day of March next ensuing, and shall be for the	7108
information of the board of county commissioners and board of	7109
township trustees, in the making of their annual levies.	7110

The engineer shall approve all estimates which are paid from	7111
county funds for the construction, improvement, maintenance, and	7112
repair of roads and bridges by the county. HeThe engineer shall	7113
approve all estimates which are paid from township funds for the	7114
construction, reconstruction, resurfacing, or improving of roads	7115
under sections 5571.01, 5571.06, 5571.07, 5571.15, and 5573.01 to	7116
5573.09 of the Revised Code. HeThe engineer shall also approve	7117
all estimates which are paid from the funds of a road district for	7118
the construction, reconstruction, resurfacing, or improvement of	7119
the roads thereof under section 5573.21 of the Revised Code.	7120

For the construction or repair of a bridge, the entire cost	7121
of which construction or repair exceeds fifty thousand dollars,	7122
the county engineer may request the director of transportation to	7123
review and comment on the plans for conformance with state and	7124
federal requirements. If so requested, the director shall review	7125
and comment on the plans.	7126

Sec. 5735.05.  (A) To provide revenue for maintaining the	7127
state highway system; to widen existing surfaces on such highways;	7128
to resurface such highways; to pay that portion of the	7129
construction cost of a highway project which a county, township,	7130
or municipal corporation normally would be required to pay, but	7131
which the director of transportation, pursuant to division (B) of	7132
section 5531.08 of the Revised Code, determines instead will be	7133
paid from moneys in the highway operating fund; to enable the	7134
counties of the state properly to plan, maintain, and repair their	7135
roads and to pay principal, interest, and charges on bonds and	7136
other obligations issued pursuant to Chapter 133. of the Revised	7137
Code or incurred pursuant to section 5531.09 of the Revised Code	7138
for highway improvements; to enable the municipal corporations to	7139
plan, construct, reconstruct, repave, widen, maintain, repair,	7140
clear, and clean public highways, roads, and streets, and to pay	7141
the principal, interest, and charges on bonds and other	7142
obligations issued pursuant to Chapter 133. of the Revised Code or	7143
incurred pursuant to section 5531.09 of the Revised Code for	7144
highway improvements; to enable the Ohio turnpike commission to	7145
construct, reconstruct, maintain, and repair turnpike projects; to	7146
maintain and repair bridges and viaducts; to purchase, erect, and	7147
maintain street and traffic signs and markers; to purchase, erect,	7148
and maintain traffic lights and signals; to pay the costs	7149
apportioned to the public under sections 4907.47 and 4907.471 of	7150
the Revised Code and to supplement revenue already available for	7151
such purposes; to pay the costs incurred by the public utilities	7152
commission in administering sections 4907.47 to 4907.476 of the	7153
Revised Code; to distribute equitably among those persons using	7154
the privilege of driving motor vehicles upon such highways and	7155
streets the cost of maintaining and repairing them; to pay the	7156
interest, principal, and charges on highway capital improvements	7157
bonds and other obligations issued pursuant to Section 2m of	7158
Article VIII, Ohio Constitution, and section 151.06 of the Revised	7159
Code; to pay the interest, principal, and charges on highway	7160
obligations issued pursuant to Section 2i of Article VIII, Ohio	7161
Constitution, and sections 5528.30 and 5528.31 of the Revised	7162
Code; to provide revenue for the purposes of sections 1547.71 to	7163
1547.78 of the Revised Code; and to pay the expenses of the	7164
department of taxation incident to the administration of the motor	7165
fuel laws, a motor fuel excise tax is hereby imposed on all motor	7166
fuel dealers upon receipt of motor fuel within this state at the	7167
rate of two cents plus the cents per gallon rate on each gallon so	7168
received, to be computed in the manner set forth in section	7169
5735.06 of the Revised Code; provided that no tax is hereby	7170
imposed upon the following transactions:	7171

(1) The sale of dyed diesel fuel by a licensed motor fuel	7172
dealer from a location other than a retail service station	7173
provided the licensed motor fuel dealer places on the face of the	7174
delivery document or invoice, or both if both are used, a	7175
conspicuous notice stating that the fuel is dyed and is not for	7176
taxable use, and that taxable use of that fuel is subject to a	7177
penalty. The tax commissioner, by rule, may provide that any	7178
notice conforming to rules or regulations issued by the United	7179
States department of the treasury or the Internal Revenue Service	7180
is sufficient notice for the purposes of division (A)(1) of this	7181
section.	7182

(2) The sale of K-1 kerosene to a retail service station,	7183
except when placed directly in the fuel supply tank of a motor	7184
vehicle. Such sale shall be rebuttably presumed to not be	7185
distributed or sold for use or used to generate power for the	7186
operation of motor vehicles upon the public highways or upon the	7187
waters within the boundaries of this state.	7188

(3) The sale of motor fuel by a licensed motor fuel dealer to	7189
another licensed motor fuel dealer;	7190

(4) The exportation of motor fuel by a licensed motor fuel	7191
dealer from this state to any other state or foreign country;	7192

(5) The sale of motor fuel to the United States government or	7193
any of its agencies, except such tax as is permitted by it, where	7194
such sale is evidenced by an exemption certificate, in a form	7195
approved by the tax commissioner, executed by the United States	7196
government or an agency thereof certifying that the motor fuel	7197
therein identified has been purchased for the exclusive use of the	7198
United States government or its agency;	7199

(6) The sale of motor fuel that is in the process of	7200
transportation in foreign or interstate commerce, except insofar	7201
as it may be taxable under the Constitution and statutes of the	7202
United States, and except as may be agreed upon in writing by the	7203
dealer and the commissioner;	7204

(7) The sale of motor fuel when sold exclusively for use in	7205
the operation of aircraft, where such sale is evidenced by an	7206
exemption certificate prescribed by the commissioner and executed	7207
by the purchaser certifying that the motor fuel purchased has been	7208
purchased for exclusive use in the operation of aircraft;	7209

(8) The sale for exportation of motor fuel by a licensed	7210
motor fuel dealer to a licensed exporter type A;	7211

(9) The sale for exportation of motor fuel by a licensed	7212
motor fuel dealer to a licensed exporter type B, provided that the	7213
destination state motor fuel tax has been paid or will be accrued	7214
and paid by the licensed motor fuel dealer.	7215

(10) The sale to a consumer of diesel fuel, by a motor fuel	7216
dealer for delivery from a bulk lot vehicle, for consumption in	7217
operating a vessel when the use of such fuel in a vessel would	7218
otherwise qualify for a refund under section 5735.14 of the	7219
Revised Code.	7220

Division (A)(1) of this section does not apply to the sale or	7221
distribution of dyed diesel fuel used to operate a motor vehicle	7222
on the public highways or upon water within the boundaries of this	7223
state by persons permitted under regulations of the United States	7224
department of the treasury or of the Internal Revenue Service to	7225
so use dyed diesel fuel.	7226

(B) The two cent motor fuel tax levied by this section is	7227
also for the purpose of paying the expenses of administering and	7228
enforcing the state law relating to the registration and operation	7229
of motor vehicles.	7230

(C) After the tax provided for by this section on the receipt	7231
of any motor fuel has been paid by the motor fuel dealer, the	7232
motor fuel may thereafter be used, sold, or resold by any person	7233
having lawful title to it, without incurring liability for such	7234
tax.	7235

If a licensed motor fuel dealer sells motor fuel received by	7236
the licensed motor fuel dealer to another licensed motor fuel	7237
dealer, the seller may deduct on the report required by section	7238
5735.06 of the Revised Code the number of gallons so sold for the	7239
month within which the motor fuel was sold or delivered. In this	7240
event the number of gallons is deemed to have been received by the	7241
purchaser, who shall report and pay the tax imposed thereon.	7242

Sec. 5735.23.  (A) Out of receipts from the tax levied by	7243
section 5735.05 of the Revised Code, the treasurer of state shall	7244
place to the credit of the tax refund fund established by section	7245
5703.052 of the Revised Code amounts equal to the refunds	7246
certified by the tax commissioner pursuant to sections 5735.13,	7247
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	7248
treasurer of state shall then transfer the amount required by	7249
section 5735.051 of the Revised Code to the waterways safety fund,	7250
the amount required by section 4907.472 of the Revised Code to the	7251
grade crossing protection fund, and the amount required by section	7252
5735.053 of the Revised Code to the motor fuel tax administration	7253
fund.	7254

(B) Except as provided in division (D) of this section, each	7255
month the balance of the receipts from the tax levied by section	7256
5735.05 of the Revised Code shall be credited, after receipt by	7257
the treasurer of state of certification from the commissioners of	7258
the sinking fund, as required by section 5528.35 of the Revised	7259
Code, that there are sufficient moneys to the credit of the	7260
highway obligations bond retirement fund to meet in full all	7261
payments of interest, principal, and charges for the retirement of	7262
highway obligations issued pursuant to Section 2i of Article VIII,	7263
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	7264
Code due and payable during the current calendar year, as follows:	7265

(1) To the state and local government highway distribution	7266
fund, which is hereby created in the state treasury, an amount	7267
that is the same percentage of the balance to be credited as that	7268
portion of the tax per gallon determined under division (B)(2)(a)	7269
of section 5735.06 of the Revised Code is of the total tax per	7270
gallon determined under divisions (B)(2)(a) and (b) of that	7271
section.	7272

(2) After making the distribution to the state and local	7273
government highway distribution fund, the remainder shall be	7274
credited as follows:	7275

(a) Thirty per cent to the gasoline excise tax fund for	7276
distribution pursuant to division (A)(1) of section 5735.27 of the	7277
Revised Code;	7278

(b) Twenty-five per cent to the gasoline excise tax fund for	7279
distribution pursuant to division (A)(3) of section 5735.27 of the	7280
Revised Code;	7281

(c) Except as provided in division (D) of this section,	7282
forty-five per cent to the highway operating fund for distribution	7283
pursuant to division (B)(1) of section 5735.27 of the Revised	7284
Code.	7285

(C) From the balance in the state and local government	7286
highway distribution fund on the last day of each month there	7287
shall be paid the following amounts:	7288

(1) To the local transportation improvement program fund	7289
created by section 164.14 of the Revised Code, an amount equal to	7290
a fraction of the balance in the state and local government	7291
highway distribution fund, the numerator of which fraction is one	7292
and the denominator of which fraction is that portion of the tax	7293
per gallon determined under division (B)(2)(a) of section 5735.06	7294
of the Revised Code;	7295

(2) An amount equal to five cents multiplied by the number of	7296
gallons of motor fuel sold at stations operated by the Ohio	7297
turnpike commission, such gallonage to be certified by the	7298
commission to the treasurer of state not later than the last day	7299
of the month following. The funds paid to the commission pursuant	7300
to this section shall be expended for the construction,	7301
reconstruction, maintenance, and repair of turnpike projects,	7302
except that the funds may not be expended for the construction of	7303
new interchanges. The funds also may be expended for the	7304
construction, reconstruction, maintenance, and repair of those	7305
portions of connecting public roads that serve existing	7306
interchanges and are determined by the commission and the director	7307
of transportation to be necessary for the safe merging of traffic	7308
between the turnpike and those public roads.	7309

The remainder of the balance shall be distributed as follows	7310
on the fifteenth day of the following month:	7311

(a) Ten and seven-tenths per cent shall be paid to municipal	7312
corporations for distribution pursuant to division (A)(1) of	7313
section 5735.27 of the Revised Code and may be used for any	7314
purpose for which payments received under that division may be	7315
used. Beginning August 15, 2004Through July 15, 2005, the sum of	7316
two hundred forty-eight thousand six hundred twenty-five dollars	7317
shall be monthly subtracted from the amount so computed and	7318
credited to the highway operating fund. Beginning August 15, 2005,	7319
the sum of seven hundred forty-five thousand eight hundred	7320
seventy-five dollars shall be monthly subtracted from the amount	7321
so computed and credited to the highway operating fund.	7322

(b) Five per cent shall be paid to townships for distribution	7323
pursuant to division (A)(5) of section 5735.27 of the Revised Code	7324
and may be used for any purpose for which payments received under	7325
that division may be used. Beginning August 15, 2004Through July	7326
15, 2005, the sum of eighty-seven thousand seven hundred fifty	7327
dollars shall be monthly subtracted from the amount so computed	7328
and credited to the highway operating fund. Beginning August 15,	7329
2005, the sum of two hundred sixty-three thousand two hundred	7330
fifty dollars shall be monthly subtracted from the amount so	7331
computed and credited to the highway operating fund.	7332

(c) Nine and three-tenths per cent shall be paid to counties	7333
for distribution pursuant to division (A)(3) of section 5735.27 of	7334
the Revised Code and may be used for any purpose for which	7335
payments received under that division may be used. Beginning	7336
August 15, 2004Through July 15, 2005, the sum of two hundred	7337
forty-eight thousand six hundred twenty-five dollars shall be	7338
monthly subtracted from the amount so computed and credited to the	7339
highway operating fund. Beginning August 15, 2005, the sum of	7340
seven hundred forty-five thousand eight hundred seventy-five	7341
dollars shall be monthly subtracted from the amount so computed	7342
and credited to the highway operating fund.	7343

(d) Except as provided in division (D) of this section, the	7344
balance shall be transferred to the highway operating fund and	7345
used for the purposes set forth in division (B)(1) of section	7346
5735.27 of the Revised Code.	7347

(D) Beginning on the first day ofMonthly from September to	7348
February of each fiscal year, anyan amount equal to one-sixth of	7349
the amount certified in July of that year by the treasurer of	7350
state pursuant to division (Q) of section 151.01 of the Revised	7351
Code shall, from amounts required to be credited or transferred to	7352
the highway operating fund pursuant to division (B)(2)(c) or	7353
(C)(2)(d) of this section shall, be credited or transferred to the	7354
highway capital improvement bond service fund created in section	7355
151.06 of the Revised Code. If, in any of those months, the amount	7356
available to be credited or transferred to the bond service fund	7357
is less than one-sixth of the amount so certified, the shortfall	7358
shall be added to the amount due the next succeeding month. Any	7359
amount still due at the end of the six-month period shall be	7360
credited or transferred as the money becomes available, until such	7361
time as the office of budget and management receives certification	7362
from the treasurer of state or the treasurer of state's designee	7363
that sufficient money has been credited or transferred to the bond	7364
service fund to meet in full all payments of debt service and	7365
financing costs due during the fiscal year from that fund.	7366

Sec. 5735.25.  To provide revenue for supplying the state's	7367
share of the cost of planning, constructing, widening, and	7368
reconstructing the state highways; for supplying the state's share	7369
of the cost of eliminating railway grade crossings upon such	7370
highways; to pay that portion of the construction cost of a	7371
highway project which a county, township, or municipal corporation	7372
normally would be required to pay, but which the director of	7373
transportation, pursuant to division (B) of section 5531.08 of the	7374
Revised Code, determines instead will be paid from moneys in the	7375
highway operating fund; to enable the counties and townships of	7376
the state to properly plan, construct, widen, reconstruct, and	7377
maintain their public highways, roads, and streets; to enable	7378
counties to pay principal, interest, and charges on bonds and	7379
other obligations issued pursuant to Chapter 133. of the Revised	7380
Code or incurred pursuant to section 5531.09 of the Revised Code	7381
for highway improvements; to enable municipal corporations to	7382
plan, construct, reconstruct, repave, widen, maintain, repair,	7383
clear, and clean public highways, roads, and streets; to enable	7384
municipal corporations to pay the principal, interest, and charges	7385
on bonds and other obligations issued pursuant to Chapter 133. of	7386
the Revised Code or incurred pursuant to section 5531.09 of the	7387
Revised Code for highway improvements; to maintain and repair	7388
bridges and viaducts; to purchase, erect, and maintain street and	7389
traffic signs and markers; to purchase, erect, and maintain	7390
traffic lights and signals; to pay the costs apportioned to the	7391
public under section 4907.47 of the Revised Code; to provide	7392
revenue for the purposes of sections 1547.71 to 1547.78 of the	7393
Revised Code and to supplement revenue already available for such	7394
purposes; to pay the expenses of the department of taxation	7395
incident to the administration of the motor fuel laws, to	7396
supplement revenue already available for such purposes, to pay the	7397
interest, principal, and charges on bonds and other obligations	7398
issued pursuant to Section 2g of Article VIII, Ohio Constitution,	7399
and sections 5528.10 and 5528.11 of the Revised Code; and to pay	7400
the interest, principal, and charges on highway obligations issued	7401
pursuant to Section 2i of Article VIII, Ohio Constitution, and	7402
sections 5528.30 and 5528.31 of the Revised Code, a motor fuel	7403
excise tax is hereby imposed on all motor fuel dealers upon their	7404
receipt of motor fuel within this state, at the rate of two cents	7405
per gallon on each gallon so received. This tax is subject to the	7406
specific exemptions set forth in this chapter of the Revised Code.	7407
It shall be reported, computed, paid, collected, administered,	7408
enforced, and refunded, and the failure properly and correctly to	7409
report and pay the tax shall be penalized, in exactly the same	7410
manner as is provided in this chapter. Such sections relating to	7411
motor fuel excise taxes are reenacted and incorporated as if	7412
specifically set forth in this section. The tax levied by this	7413
section shall be in addition to the tax imposed under this	7414
chapter.	7415

Sec. 5735.27.  (A) There is hereby created in the state	7416
treasury the gasoline excise tax fund, which shall be distributed	7417
in the following manner:	7418

(1) The amount credited pursuant to divisions (B)(2)(a) and	7419
(C)(2)(a) of section 5735.23 of the Revised Code shall be	7420
distributed among municipal corporations. The amount paid to each	7421
municipal corporation shall be that proportion of the amount to be	7422
so distributed that the number of motor vehicles registered within	7423
such municipal corporation bears to the total number of motor	7424
vehicles registered within all the municipal corporations of this	7425
state during the preceding motor vehicle registration year. When a	7426
new village is incorporated, the registrar of motor vehicles shall	7427
determine from the applications on file in the bureau of motor	7428
vehicles the number of motor vehicles located within the territory	7429
comprising the village during the entire registration year in	7430
which such municipal corporation was incorporated. The registrar	7431
shall forthwith certify the number of motor vehicles so determined	7432
to the tax commissioner for use in distributing motor vehicle fuel	7433
tax funds to such village until such village is qualified to	7434
participate in the distribution of such funds pursuant to this	7435
division. The number of such motor vehicle registrations shall be	7436
determined by the official records of the bureau of motor	7437
vehicles. The amount received by each municipal corporation shall	7438
be used to plan, construct, reconstruct, repave, widen, maintain,	7439
repair, clear, and clean public highways, roads, and streets; to	7440
maintain and repair bridges and viaducts; to purchase, erect, and	7441
maintain street and traffic signs and markers; to pay the costs	7442
apportioned to the municipal corporation under section 4907.47 of	7443
the Revised Code; to purchase, erect, and maintain traffic lights	7444
and signals; to pay the principal, interest, and charges on bonds	7445
and other obligations issued pursuant to Chapter 133. of the	7446
Revised Code or incurred pursuant to section 5531.09 of the	7447
Revised Code for the purpose of acquiring or constructing roads,	7448
highways, bridges, or viaducts or acquiring or making other	7449
highway improvements for which the municipal corporation may issue	7450
bonds; and to supplement revenue already available for such	7451
purposes.	7452

(2) The amount credited pursuant to division (B) of section	7453
5735.26 of the Revised Code shall be distributed among the	7454
municipal corporations within the state, in the proportion which	7455
the number of motor vehicles registered within each municipal	7456
corporation bears to the total number of motor vehicles registered	7457
within all the municipal corporations of the state during the	7458
preceding calendar year, as shown by the official records of the	7459
bureau of motor vehicles, and shall be expended by each municipal	7460
corporation to plan, construct, reconstruct, repave, widen,	7461
maintain, repair, clear, and clean public highways, roads and	7462
streets; to maintain and repair bridges and viaducts; to purchase,	7463
erect, and maintain street and traffic signs and markers; to	7464
purchase, erect, and maintain traffic lights and signals; to pay	7465
costs apportioned to the municipal corporation under section	7466
4907.47 of the Revised Code; to pay the principal, interest, and	7467
charges on bonds and other obligations issued pursuant to Chapter	7468
133. of the Revised Code or incurred pursuant to section 5531.09	7469
of the Revised Code for the purpose of acquiring or constructing	7470
roads, highways, bridges, or viaducts or acquiring or making other	7471
highway improvements for which the municipal corporation may issue	7472
bonds; and to supplement revenue already available for such	7473
purposes.	7474

(3) The amount credited pursuant to divisions (B)(2)(b) and	7475
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	7476
equal proportions to the county treasurer of each county within	7477
the state and shall be used only for the purposes of planning,	7478
maintaining, and repairing the county system of public roads and	7479
highways within such county; the planning, construction, and	7480
repair of walks or paths along county roads in congested areas;	7481
the planning, construction, purchase, lease, and maintenance of	7482
suitable buildings for the housing and repair of county road	7483
machinery, housing of supplies, and housing of personnel	7484
associated with the machinery and supplies; the payment of costs	7485
apportioned to the county under section 4907.47 of the Revised	7486
Code; the payment of principal, interest, and charges on bonds and	7487
other obligations issued pursuant to Chapter 133. of the Revised	7488
Code or incurred pursuant to section 5531.09 of the Revised Code	7489
for the purpose of acquiring or constructing roads, highways,	7490
bridges, or viaducts or acquiring or making other highway	7491
improvements for which the board of county commissioners may issue	7492
bonds under that chapter; and the purchase, installation, and	7493
maintenance of traffic signal lights.	7494

(4) The amount credited pursuant to division (C) of section	7495
5735.26 of the Revised Code shall be paid in equal proportions to	7496
the county treasurer of each county for the purposes of planning,	7497
maintaining, constructing, widening, and reconstructing the county	7498
system of public roads and highways; paying principal, interest,	7499
and charges on bonds and other obligations issued pursuant to	7500
Chapter 133. of the Revised Code or incurred pursuant to section	7501
5531.09 of the Revised Code for the purpose of acquiring or	7502
constructing roads, highways, bridges, or viaducts or acquiring or	7503
making other highway improvements for which the board of county	7504
commissioners may issue bonds under such chapter; and paying costs	7505
apportioned to the county under section 4907.47 of the Revised	7506
Code.	7507

(5)(a) The amount credited pursuant to division (D) of	7508
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	7509
Revised Code shall be divided in equal proportions among the	7510
townships within the state.	7511

(b) As used in division (A)(5)(b) of this section, the	7512
"formula amount" for any township is the amount that would be	7513
allocated to that township if fifty per cent of the amount	7514
credited to townships pursuant to section 5735.291 of the Revised	7515
Code were allocated among townships in the state proportionate to	7516
the number of lane miles within the boundaries of the respective	7517
townships, as determined annually by the department of	7518
transportation, and the other fifty per cent of the amount	7519
credited pursuant to section 5735.291 of the Revised Code were	7520
allocated among townships in the state proportionate to the number	7521
of motor vehicles registered within the respective townships, as	7522
determined annually by the records of the bureau of motor	7523
vehicles.	7524

Beginning on August 15, 2003, the tax levied by section	7525
5735.29 of the Revised Code shall be partially allocated to	7526
provide funding for townships. Each township shall receive the	7527
greater of the following two calculations:	7528

(i) The total statewide amount credited to townships under	7529
division (A) of section 5735.291 of the Revised Code divided by	7530
the number of townships in the state at the time of the	7531
calculation;	7532

(ii) Seventy per cent of the formula amount for that	7533
township.	7534

(c) The total difference between the amount of money credited	7535
to townships under division (A) of section 5735.291 of the Revised	7536
Code and the total amount of money required to make all the	7537
payments specified in division (A)(5)(b) of this section shall be	7538
deducted, in accordance with division (B) of section 5735.291 of	7539
the Revised Code, from the revenues resulting from the tax levied	7540
pursuant to section 5735.29 of the Revised Code prior to crediting	7541
portions of such revenues to counties, municipal corporations, and	7542
the highway operating fund.	7543

(d) All amounts credited pursuant to divisions (a) and (b) of	7544
this section shall be paid to the county treasurer of each county	7545
for the total amount payable to the townships within each of the	7546
counties. The county treasurer shall pay to each township within	7547
the county its proportional share of the funds, which shall be	7548
expended by each township for the sole purpose of planning,	7549
constructing, maintaining, widening, and reconstructing the public	7550
roads and highways within such township, and paying costs	7551
apportioned to the township under section 4907.47 of the Revised	7552
Code.	7553

No part of the funds shall be used for any purpose except to	7554
pay in whole or part the contract price of any such work done by	7555
contract, or to pay the cost of labor in planning, constructing,	7556
widening, and reconstructing such roads and highways, and the cost	7557
of materials forming a part of the improvement; provided, that	7558
such funds may be used for the purchase of road machinery and	7559
equipment and for the planning, construction, and maintenance of	7560
suitable buildings for housing road machinery and equipment, and	7561
that all such improvement of roads shall be under supervision and	7562
direction of the county engineer as provided in section 5575.07 of	7563
the Revised Code. No obligation against such funds shall be	7564
incurred unless plans and specifications for such improvement,	7565
approved by the county engineer, are on file in the office of the	7566
township clerk, and all contracts for material and for work done	7567
by contract shall be approved by the county engineer before being	7568
signed by the board of township trustees. The board of township	7569
trustees of any township may pass a resolution permitting the	7570
board of county commissioners to expend such township's share of	7571
the funds, or any portion thereof, for the improvement of such	7572
roads within the township as may be designated in the resolution.	7573

All investment earnings of the fund shall be credited to the	7574
fund.	7575

(B) Amounts credited to the highway operating fund pursuant	7576
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	7577
division (A) of section 5735.26 of the Revised Code shall be	7578
expended in the following manner:	7579

(1) The amount credited pursuant to divisions (B)(2)(c) and	7580
(C)(2)(d) of section 5735.23 of the Revised Code shall be	7581
apportioned to and expended by the department of transportation	7582
for the purposes of planning, maintaining, repairing, and keeping	7583
in passable condition for travel the roads and highways of the	7584
state required by law to be maintained by the department; paying	7585
the costs apportioned to the state under section 4907.47 of the	7586
Revised Code; paying that portion of the construction cost of a	7587
highway project which a county, township, or municipal corporation	7588
normally would be required to pay, but which the director of	7589
transportation, pursuant to division (B) of section 5531.08 of the	7590
Revised Code, determines instead will be paid from moneys in the	7591
highway operating fund; and paying the costs of the department of	7592
public safety in administering and enforcing the state law	7593
relating to the registration and operation of motor vehicles.	7594

(2) The amount credited pursuant to division (A) of section	7595
5735.26 of the Revised Code shall be used for paying the state's	7596
share of the cost of planning, constructing, widening,	7597
maintaining, and reconstructing the state highways; paying that	7598
portion of the construction cost of a highway project which a	7599
county, township, or municipal corporation normally would be	7600
required to pay, but which the director of transportation,	7601
pursuant to division (B) of section 5531.08 of the Revised Code,	7602
determines instead will be paid from moneys in the highway	7603
operating fund; and also for supplying the state's share of the	7604
cost of eliminating railway grade crossings upon such highways and	7605
costs apportioned to the state under section 4907.47 of the	7606
Revised Code. The director of transportation may expend portions	7607
of such amount upon extensions of state highways within municipal	7608
corporations or upon portions of state highways within municipal	7609
corporations, as is provided by law.	7610

Sec. 5735.28.  Wherever a municipal corporation is on the	7611
line of the state highway system as designated by the director of	7612
transportation as an extension or continuance of the state highway	7613
system, seven and one-half per cent of the amount paid to any	7614
municipal corporation pursuant to sections 4501.04, 5735.23, and	7615
5735.27 of the Revised Code shall be used by it only to construct,	7616
reconstruct, repave, widen, maintain, and repair such highways, to	7617
purchase, erect, and maintain traffic lights and signals, and to	7618
erect and maintain street and traffic signs and markers on such	7619
highways, or to pay principal, interest, and charges on bonds and	7620
other obligations issued pursuant to Chapter 133. of the Revised	7621
Code or incurred pursuant to section 5531.09 of the Revised Code	7622
for such purposes.	7623

Sec. 5735.29.  To provide revenue for supplying the state's	7624
share of the cost of constructing, widening, maintaining, and	7625
reconstructing the state highways; to maintain and repair bridges	7626
and viaducts; to purchase, erect, and maintain street and traffic	7627
signs and markers; to purchase, erect, and maintain traffic lights	7628
and signals; to pay the expense of administering and enforcing the	7629
state law relative to the registration and operation of motor	7630
vehicles; to make road improvements associated with retaining or	7631
attracting business for this state, to pay that portion of the	7632
construction cost of a highway project which a county, township,	7633
or municipal corporation normally would be required to pay, but	7634
which the director of transportation, pursuant to division (B) of	7635
section 5531.08 of the Revised Code, determines instead will be	7636
paid from moneys in the highway operating fund; to provide revenue	7637
for the purposes of sections 1547.71 to 1547.78 of the Revised	7638
Code; and to supplement revenue already available for such	7639
purposes, to pay the expenses of the department of taxation	7640
incident to the administration of the motor fuel laws, to	7641
supplement revenue already available for such purposes; and to pay	7642
the interest, principal, and charges on highway obligations issued	7643
pursuant to Section 2i of Article VIII, Ohio Constitution, and	7644
sections 5528.30 and 5528.31 of the Revised Code; to enable the	7645
counties and townships of the state to properly plan, construct,	7646
widen, reconstruct, and maintain their public highways, roads, and	7647
streets; to enable counties to pay principal, interest, and	7648
charges on bonds and other obligations issued pursuant to Chapter	7649
133. of the Revised Code or incurred pursuant to section 5531.09	7650
of the Revised Code for highway improvements; to enable municipal	7651
corporations to plan, construct, reconstruct, repave, widen,	7652
maintain, repair, clear, and clean public highways, roads, and	7653
streets; to enable municipal corporations to pay the principal,	7654
interest, and charges on bonds and other obligations issued	7655
pursuant to Chapter 133. of the Revised Code or incurred pursuant	7656
to section 5531.09 of the Revised Code for highway improvements;	7657
and to pay the costs apportioned to the public under section	7658
4907.47 of the Revised Code, a motor fuel excise tax is hereby	7659
imposed on all motor fuel dealers upon their receipt of motor fuel	7660
within the state at the rate of two cents on each gallon so	7661
received; provided, that effective July 1, 2003, the motor fuel	7662
excise tax imposed by this section shall be at the rate of four	7663
cents on each gallon so received; effective July 1, 2004, the	7664
motor fuel excise tax imposed by this section shall be at the rate	7665
of six cents on each gallon so received; and, subject to section	7666
5735.292 of the Revised Code, effective July 1, 2005, the motor	7667
fuel excise tax imposed by this section shall be at the rate of	7668
eight cents on each gallon so received. This tax is subject to the	7669
specific exemptions set forth in this chapter of the Revised Code.	7670
It shall be reported, computed, paid, collected, administered,	7671
enforced, and refunded, and the failure properly and correctly to	7672
report and pay the tax shall be penalized, in exactly the same	7673
manner as is provided in this chapter. Such sections relating to	7674
motor fuel excise taxes are reenacted and incorporated as if	7675
specifically set forth in this section. The tax levied by this	7676
section is in addition to any other taxes imposed under this	7677
chapter.	7678

No municipal corporation, county, or township shall expend	7679
any revenues received from the tax levied by this section for any	7680
purpose other than one of the specific highway-related purposes	7681
stated in this section. In addition, each municipal corporation,	7682
county, or township shall use at least ninety per cent of all	7683
revenues received from the tax levied by this section to	7684
supplement, rather than supplant, other local funds used for	7685
highway-related purposes.	7686

Section 101.02. That existing sections 109.572, 122.14,	7687
127.16, 307.12, 315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06,	7688
4501.21, 4501.26, 4503.02, 4503.103, 4503.26, 4503.40, 4503.42,	7689
4504.02, 4504.15, 4504.16, 4504.18, 4505.021, 4505.031, 4505.032,	7690
4505.06, 4505.08, 4506.01, 4506.03, 4506.05, 4506.08, 4506.09,	7691
4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16, 4506.17,	7692
4506.20, 4506.23, 4506.25, 4507.02, 4508.06, 4509.27, 4511.191,	7693
4511.21, 4513.263, 4513.34, 4513.61, 4519.58, 4749.02, 4749.03,	7694
4749.06, 4749.10, 4765.07, 4765.11, 5501.11, 5503.04, 5513.04,	7695
5525.01, 5525.10, 5525.15, 5525.25, 5531.09, 5531.10, 5537.16,	7696
5537.17, 5543.02, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and	7697
5735.29 of the Revised Code are hereby repealed.	7698

Section 105.01. That sections 4501.12, 4501.35, 4506.02, and	7699
4506.26 of the Revised Code are hereby repealed.	7700

Section 200.01.  Except as otherwise provided, all	7701
appropriation items in this act are hereby appropriated out of any	7702
moneys in the state treasury to the credit of the designated fund,	7703
which are not otherwise appropriated. For all appropriations made	7704
in this act, the amounts in the first column are for fiscal year	7705
2006 and the amounts in the second column are for fiscal year	7706
2007.	7707

Section 203.03.  DOT DEPARTMENT OF TRANSPORTATION

7708

FUND

TITLE

FY 2006

FY 2007

7709

Transportation Planning and Research

7710

Highway Operating Fund Group

7711

002	771-411		Planning and Research - State		$	19,000,000		$	19,112,000		7712
002	771-412		Planning and Research - Federal		$	40,000,000		$	40,000,000		7713
TOTAL HOF Highway Operating											7714
Fund Group					$	59,000,000		$	59,112,000		7715
TOTAL ALL BUDGET FUND GROUPS -											7716
Transportation Planning											7717
and Research					$	59,000,000		$	59,112,000		7718

Highway Construction

7719

Highway Operating Fund Group

7720

002	772-421		Highway Construction - State		$	586,240,305		$	579,969,730		7721
002	772-422		Highway Construction - Federal		$	1,021,500,000		$	1,131,500,000		7722
002	772-424		Highway Construction - Other		$	62,500,000		$	53,500,000		7723
214	770-401		Infrastructure Debt Service - Federal		$	80,182,400		$	105,129,400		7724
214	772-434		Infrastructure Lease Payments - Federal		$	12,537,100		$	12,536,000		7725
212	772-426		Highway Infrastructure Bank - Federal		$	1,500,000		$	2,000,000		7726
212	772-427		Highway Infrastructure Bank - State		$	9,353,400		$	12,853,400		7727
212	772-429		Highway Infrastructure Bank - Local		$	12,500,000		$	12,500,000		7728
212	772-430		Infrastructure Debt Reserve Title 23-49		$	1,500,000		$	1,500,000		7729
213	772-432		Roadway Infrastructure Bank - Local		$	7,000,000		$	7,000,000		7730
TOTAL HOF Highway Operating											7731
Fund Group					$	1,794,813,205		$	1,918,488,530		7732

Highway Capital Improvement Fund Group

7733

042

772-723

Highway Construction - Bonds

$

220,000,000

$

150,000,000

7734

Infrastructure Bank Obligations Fund Group

7735

045	772-428		Highway Infrastructure Bank - Bonds		$	180,000,000		$	160,000,000		7736
TOTAL 045 Infrastructure Bank											7737
Obligations Fund Group					$	180,000,000		$	160,000,000		7738
TOTAL ALL BUDGET FUND GROUPS -											7739
Highway Construction					$	2,194,813,205		$	2,228,488,530		7740

Highway Maintenance

7741

Highway Operating Fund Group

7742

002	773-431		Highway Maintenance - State		$	386,527,582		$	393,313,472		7743
TOTAL HOF Highway Operating											7744
Fund Group					$	386,527,582		$	393,313,472		7745
							7746

TOTAL ALL BUDGET FUND GROUPS -											7747
Highway Maintenance					$	386,527,582		$	393,313,472		7748

Public Transportation

7749

Highway Operating Fund Group

7750

002	775-452		Public Transportation - Federal		$	30,000,000		$	30,365,000		7751
002	775-454		Public Transportation - Other		$	1,500,000		$	1,500,000		7752
002	775-459		Elderly and Disabled Special Equipment - Federal		$	4,595,000		$	4,595,000		7753
212	775-408		Transit Infrastructure Bank - Local		$	2,500,000		$	2,500,000		7754
213	775-460		Transit Infrastructure Bank - Local		$	1,000,000		$	1,000,000		7755
TOTAL HOF Highway Operating											7756
Fund Group					$	39,595,000		$	39,960,000		7757
TOTAL ALL BUDGET FUND GROUPS -											7758
Public Transportation					$	39,595,000		$	39,960,000		7759

Rail Transportation

7760

Highway Operating Fund Group

7761

002	776-462		Grade Crossings - Federal		$	15,000,000		$	15,000,000		7762
TOTAL HOF Highway Operating											7763
Fund Group					$	15,000,000		$	15,000,000		7764
TOTAL ALL BUDGET FUND GROUPS -											7765
Rail Transportation					$	15,000,000		$	15,000,000		7766

Aviation

7767

Highway Operating Fund Group

7768

002	777-472		Airport Improvements - Federal		$	405,000		$	405,000		7769
002	777-475		Aviation Administration		$	4,007,600		$	4,046,900		7770
213	777-477		Aviation Infrastructure Bank - State		$	3,000,000		$	3,000,000		7771
213	777-478		Aviation Infrastructure Bank - Local		$	7,000,000		$	7,000,000		7772
TOTAL HOF Highway Operating											7773
Fund Group					$	14,412,600		$	14,451,900		7774
TOTAL ALL BUDGET FUND GROUPS -											7775
Aviation					$	14,412,600		$	14,451,900		7776

Administration

7777

Highway Operating Fund Group

7778

002	779-491		Administration - State		$	119,624,513		$	121,057,898		7779
TOTAL HOF Highway Operating											7780
Fund Group					$	119,624,513		$	121,057,898		7781
TOTAL ALL BUDGET FUND GROUPS -											7782
Administration					$	119,624,513		$	121,057,898		7783

Debt Service

7784

Highway Operating Fund Group

7785

002	770-003		Administration - State - Debt Service		$	13,074,500		$	10,923,100		7786
TOTAL HOF Highway Operating											7787
Fund Group					$	13,074,500		$	10,923,100		7788
TOTAL ALL BUDGET FUND GROUPS -											7789
Debt Service					$	13,074,500		$	10,923,100		7790

TOTAL Department of Transportation

7791

TOTAL HOF Highway Operating											7792
Fund Group					$	2,442,047,400		$	2,572,306,900		7793
TOTAL 042 Highway Capital											7794
Improvement Fund Group					$	220,000,000		$	150,000,000		7795
TOTAL 045 Infrastructure Bank											7796
Obligations Fund Group					$	180,000,000		$	160,000,000		7797
TOTAL ALL BUDGET FUND GROUPS					$	2,842,047,400		$	2,882,306,900		7798

Section 203.03.03.  ISSUANCE OF BONDS

7800

The Treasurer of State, upon the request of the Director of	7801
Transportation, is authorized to issue and sell, in accordance	7802
with Section 2m of Article VIII, Ohio Constitution, and Chapter	7803
151. and particularly sections 151.01 and 151.06 of the Revised	7804
Code, obligations, including bonds and notes, of the State of Ohio	7805
in the aggregate amount of $360,000,000 in addition to the	7806
original issuance of obligations heretofore authorized by prior	7807
acts of the General Assembly.	7808

The obligations shall be dated, issued, and sold from time to	7809
time in such amounts as may be necessary to provide sufficient	7810
moneys to the credit of the Highway Capital Improvement Fund (Fund	7811
042) created by section 5528.53 of the Revised Code to pay costs	7812
charged to the fund when due as estimated by the Director of	7813
Transportation, provided, however, that such obligations shall be	7814
issued and sold at such time or times so that not more than	7815
$220,000,000 original principal amount of obligations, plus the	7816
principal amount of obligations that in prior fiscal years could	7817
have been, but were not, issued within the $220,000,000 limit, may	7818
be issued in any fiscal year, and not more than $1,200,000,000	7819
original principal amount of such obligations are outstanding at	7820
any one time.	7821

Section  203.03.04. MAINTENANCE INTERSTATE HIGHWAYS

7822

The Director of Transportation may remove snow and ice and	7823
maintain, repair, improve, or provide lighting upon interstate	7824
highways that are located within the boundaries of municipal	7825
corporations, adequate to meet the requirements of federal law.	7826
When agreed in writing by the Director of Transportation and the	7827
legislative authority of a municipal corporation and	7828
notwithstanding sections 125.01 and 125.11 of the Revised Code,	7829
the Department of Transportation may reimburse the municipal	7830
corporation for all or any part of the costs, as provided by such	7831
agreement, incurred by the municipal corporation in maintaining,	7832
repairing, lighting, and removing snow and ice from the interstate	7833
system.	7834

Section 203.03.06. TRANSFER OF FUND 002 APPROPRIATIONS:	7835
PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE,	7836
RAIL, AVIATION, AND ADMINISTRATION	7837

The Director of Budget and Management may approve requests	7838
from the Department of Transportation for transfer of Fund 002	7839
appropriations for highway planning and research (appropriation	7840
items 771-411 and 771-412), highway construction (appropriation	7841
items 772-421, 772-422, and 772-424), highway maintenance	7842
(appropriation item 773-431), rail grade crossings (appropriation	7843
item 776-462), aviation (appropriation item 777-475), and	7844
administration (appropriation item 779-491). Transfers of	7845
appropriations may be made upon the written request of the	7846
Director of Transportation and with the approval of the Director	7847
of Budget and Management. The transfers shall be reported to the	7848
Controlling Board at the next regularly scheduled meeting of the	7849
board.	7850

This transfer authority is intended to provide for emergency	7851
situations and flexibility to meet unforeseen conditions that	7852
could arise during the budget period. It also is intended to allow	7853
the department to optimize the use of available resources and	7854
adjust to circumstances affecting the obligation and expenditure	7855
of federal funds.	7856

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL	7857
TRANSIT	7858

The Director of Budget and Management may approve written	7859
requests from the Director of Transportation for the transfer of	7860
appropriations between appropriation items 772-422, Highway	7861
Construction - Federal, and 775-452, Public Transportation -	7862
Federal, based upon transit capital projects meeting Federal	7863
Highway Administration and Federal Transit Administration funding	7864
guidelines. The transfers shall be reported to the Controlling	7865
Board at its next regularly scheduled meeting.	7866

TRANSFER OF APPROPRIATIONS: STATE INFRASTRUCTURE BANK

7867

The Director of Budget and Management may approve requests	7868
from the Department of Transportation for transfer of	7869
appropriations and cash of the Infrastructure Bank funds created	7870
in section 5531.09 of the Revised Code, including transfers	7871
between fiscal years 2006 and 2007. The transfers shall be	7872
reported to the Controlling Board at its next regularly scheduled	7873
meeting. However, the director may not make transfers out of debt	7874
service and lease payment appropriation items unless the director	7875
determines that the appropriated amounts exceed the actual and	7876
projected debt, rental, or lease payments.	7877

Should the appropriation and any reappropriations from prior	7878
years in appropriation item 770-401, Infrastructure Debt Service -	7879
Federal, and appropriation item 772-434, Infrastructure Lease	7880
Payments - Federal, exceed the actual and projected debt, rental,	7881
or lease payments for fiscal year 2006 or 2007, then prior to June	7882
30, 2007, the balance may be transferred to appropriation item	7883
772-422 upon the written request of the Director of Transportation	7884
and with the approval of the Director of Budget and Management.	7885
The transfer shall be reported to the Controlling Board at its	7886
next regularly scheduled meeting.	7887

The Director of Budget and Management may approve requests	7888
from the Department of Transportation for transfer of	7889
appropriations and cash from the Highway Operating Fund (Fund 002)	7890
to the Infrastructure Bank funds created in section 5531.09 of the	7891
Revised Code. The Director of Budget and Management may transfer	7892
from the Infrastructure Bank funds to the Highway Operating Fund	7893
up to the amounts originally transferred to the Infrastructure	7894
Bank funds under this section. However, the director may not make	7895
transfers between modes and transfers between different funding	7896
sources. The transfers shall be reported to the Controlling Board	7897
at its next regularly scheduled meeting.	7898

INCREASE APPROPRIATION AUTHORITY: STATE FUNDS

7899

In the event that receipts or unexpended balances credited to	7900
the Highway Operating Fund exceed the estimates upon which the	7901
appropriations have been made in this act, upon the request of the	7902
Director of Transportation, the Controlling Board may increase	7903
appropriation authority in the manner prescribed in section 131.35	7904
of the Revised Code.	7905

INCREASE APPROPRIATION AUTHORITY: FEDERAL AND LOCAL FUNDS

7906

In the event that receipts or unexpended balances credited to	7907
the Highway Operating Fund or apportionments or allocations made	7908
available from the federal and local government exceed the	7909
estimates upon which the appropriations have been made in this	7910
act, upon the request of the Director of Transportation, the	7911
Controlling Board may increase appropriation authority in the	7912
manner prescribed in section 131.35 of the Revised Code.	7913

REAPPROPRIATIONS

7914

All appropriations of the Highway Operating Fund (Fund 002),	7915
the Highway Capital Improvement Fund (Fund 042), and the	7916
Infrastructure Bank funds created in section 5531.09 of the	7917
Revised Code remaining unencumbered on June 30, 2005, are hereby	7918
reappropriated for the same purpose in fiscal year 2006.	7919

All appropriations of the Highway Operating Fund (Fund 002),	7920
the Highway Capital Improvement Fund (Fund 042), and the	7921
Infrastructure Bank funds created in section 5531.09 of the	7922
Revised Code remaining unencumbered on June 30, 2006, are hereby	7923
reappropriated for the same purpose in fiscal year 2007.	7924

Any balances of prior years' appropriations to the Highway	7925
Operating Fund (Fund 002), the Highway Capital Improvement Fund	7926
(Fund 042), and the Infrastructure Bank funds created in section	7927
5531.09 of the Revised Code that are unencumbered on June 30,	7928
2005, subject to the availability of revenue as determined by the	7929
Director of Transportation, are hereby reappropriated for the same	7930
purpose in fiscal year 2006 upon the request of the Director of	7931
Transportation and with the approval of the Director of Budget and	7932
Management. The reappropriations shall be reported to the	7933
Controlling Board.	7934

Any balances of prior years' appropriations to the Highway	7935
Operating Fund (Fund 002), the Highway Capital Improvement Fund	7936
(Fund 042), and the Infrastructure Bank funds created in section	7937
5531.09 of the Revised Code that are unencumbered on June 30,	7938
2006, subject to the availability of revenue as determined by the	7939
Director of Transportation, are hereby reappropriated for the same	7940
purpose in fiscal year 2007 upon the request of the Director of	7941
Transportation and with the approval of the Director of Budget and	7942
Management. The reappropriations shall be reported to the	7943
Controlling Board.	7944

Section 203.03.09.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

7945

Of the foregoing appropriation item 772-421, Highway	7946
Construction - State, $4,517,500 shall be used each fiscal year	7947
during the fiscal year 2006-2007 biennium by the Department of	7948
Transportation for the construction, reconstruction, or	7949
maintenance of public access roads, including support features, to	7950
and within state facilities owned or operated by the Department of	7951
Natural Resources, as requested by the Director of Natural	7952
Resources.	7953

Notwithstanding section 5511.06 of the Revised Code, of the	7954
foregoing appropriation item 772-421, Highway Construction -	7955
State, $2,228,000 in each fiscal year of the fiscal year 2006-2007	7956
biennium shall be used by the Department of Transportation for the	7957
construction, reconstruction, or maintenance of park drives or	7958
park roads within the boundaries of metropolitan parks.	7959

Included in the foregoing appropriation item 772-421, Highway	7960
Construction - State, the department may perform related road work	7961
on behalf of the Ohio Expositions Commission at the state	7962
fairgrounds, including reconstruction or maintenance of public	7963
access roads and support features, to and within fairground	7964
facilities as requested by the commission and approved by the	7965
Director of Transportation.	7966

LIQUIDATION OF UNFORESEEN LIABILITIES

7967

Any appropriation made to the Department of Transportation,	7968
Highway Operating Fund, not otherwise restricted by law, is	7969
available to liquidate unforeseen liabilities arising from	7970
contractual agreements of prior years when the prior year	7971
encumbrance is insufficient.	7972

Section 203.03.10.  PREVENTIVE MAINTENANCE

7973

The Department of Transportation shall contract with an	7974
independent party to issue a yearly report on the effectiveness	7975
and progress of preventive maintenance projects that meet warranty	7976
guidelines. The Department shall issue a yearly report on or	7977
before the first day of December for three consecutive years	7978
beginning in fiscal year 2005.	7979

The Department shall provide in its annual report data on	7980
actual and planned pavement preventive maintenance activities. The	7981
data shall include the following: (1) the total number of lane	7982
miles receiving preventive maintenance treatment, by treatment	7983
type and highway system category; (2) the total number of lane	7984
miles programmed to receive treatment; (3) the actual costs of the	7985
pavement preventive maintenance activities per lane mile, by	7986
treatment type and highway system category; (4) the total number	7987
of lane miles rehabilitated or reconstructed; and (5) the actual	7988
cost per lane mile of rehabilitated or reconstructed highway, by	7989
highway system category.	7990

Section 203.03.12.  RENTAL PAYMENTS - OBA

7991

The foregoing appropriation item 770-003, Administration -	7992
State - Debt Service, shall be used to pay rent to the Ohio	7993
Building Authority for various capital facilities to be	7994
constructed, reconstructed, or rehabilitated for the use of the	7995
Department of Transportation, including the department's plant and	7996
facilities at its central office, field districts, and county and	7997
outpost locations. The rental payments shall be made from revenues	7998
received from the motor vehicle fuel tax. The amounts of any bonds	7999
and notes to finance such capital facilities shall be at the	8000
request of the Director of Transportation. Notwithstanding section	8001
152.24 of the Revised Code, the Ohio Building Authority may, with	8002
approval of the Office of Budget and Management, lease capital	8003
facilities to the Department of Transportation.	8004

The Director of Transportation shall hold title to any land	8005
purchased and any resulting structures that are attributable to	8006
appropriation item 770-003. Notwithstanding section 152.18 of the	8007
Revised Code, the Director of Transportation shall administer any	8008
purchase of land and any contract for construction,	8009
reconstruction, and rehabilitation of facilities as a result of	8010
this appropriation.	8011

Should the appropriation and any reappropriations from prior	8012
years in appropriation item 770-003 exceed the rental payments for	8013
fiscal year 2006 or 2007, then prior to June 30, 2007, the balance	8014
may be transferred to appropriation item 772-421, 773-431, or	8015
779-491 upon the written request of the Director of Transportation	8016
and with the approval of the Director of Budget and Management.	8017
The transfer shall be reported to the Controlling Board at its	8018
next regularly scheduled meeting.	8019

Section 203.03.15.  PUBLIC TRANSPORTATION HIGHWAY PURPOSE	8020
GRANTS	8021

The Director of Transportation may use revenues from the	8022
state motor vehicle fuel tax to match approved federal grants	8023
awarded to the Department of Transportation, regional transit	8024
authorities, or eligible public transportation systems, for public	8025
transportation highway purposes, or to support local or state	8026
funded projects for public transportation highway purposes. Public	8027
transportation highway purposes include: the construction or	8028
repair of high-occupancy vehicle traffic lanes, the acquisition or	8029
construction of park-and-ride facilities, the acquisition or	8030
construction of public transportation vehicle loops, the	8031
construction or repair of bridges used by public transportation	8032
vehicles or that are the responsibility of a regional transit	8033
authority or other public transportation system, or other similar	8034
construction that is designated as an eligible public	8035
transportation highway purpose. Motor vehicle fuel tax revenues	8036
may not be used for operating assistance or for the purchase of	8037
vehicles, equipment, or maintenance facilities.	8038

MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

8039

The Director of Budget and Management shall transfer cash in	8040
equal monthly increments totaling $133,424,000 in fiscal year 2006	8041
and in equal monthly increments totaling $154,009,400 in fiscal	8042
year 2007 from the Highway Operating Fund, created in section	8043
5735.291 of the Revised Code, to the Gasoline Excise Tax Fund	8044
created in division (A) of section 5735.27 of the Revised Code.	8045
The monthly amounts transferred under this section shall be	8046
distributed as follows: 42.86 per cent shall be distributed among	8047
the municipal corporations within the state under division (A)(2)	8048
of section 5735.27 of the Revised Code; 37.14 per cent shall be	8049
distributed among the counties within the state under division	8050
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	8051
shall be distributed among the townships within the state under	8052
division (A)(5)(b) of section 5735.27 of the Revised Code.	8053

Section 203.03.18. ALTERNATIVE SOUNDPROOFING

8054

Of the foregoing appropriation item 772-421, Highway	8055
Construction-State, up to $250,000 in fiscal year 2006 shall be	8056
used by the Department of Transportation to perform a study of	8057
alternative soundproofing methods or any alternative soundproofing	8058
techniques that could be used in Ohio as an alternative to	8059
traditional sound barriers. The Director of Transportation shall	8060
issue a report of the study findings to the chairperson and	8061
ranking minority members of the House of Representatives and	8062
Senate Transportation Committees, the Speaker of the House of	8063
Representatives, the President of the Senate, and the Minority	8064
Leaders of the House of Representatives and the Senate on or	8065
before June 30, 2006.	8066

Section 203.06.  DHS DEPARTMENT OF PUBLIC SAFETY

8067

Highway Safety Information and Education

8068

State Highway Safety Fund Group

8069

036	761-321		Operating Expense - Information and Education		$	3,475,147		$	3,645,598		8070
036	761-402		Traffic Safety Match		$	277,137		$	277,137		8071
831	761-610		Information and Education - Federal		$	468,982		$	468,982		8072
832	761-612		Traffic Safety-Federal		$	16,577,565		$	16,577,565		8073
846	761-625		Motorcycle Safety Education		$	2,299,204		$	2,391,172		8074
TOTAL HSF State Highway Safety											8075
Fund Group					$	23,098,035		$	23,360,454		8076
Agency Fund Group											8077
5J9	761-678		Federal Salvage/GSA		$	100,000		$	100,000		8078
TOTAL AGY Agency					$	100,000		$	100,000		8079
TOTAL ALL BUDGET FUND GROUPS -											8080
Highway Safety Information											8081
and Education					$	23,198,035		$	23,460,454		8082

FEDERAL HIGHWAY SAFETY PROGRAM MATCH

8083

The foregoing appropriation item 761-402, Traffic Safety	8084
Match, shall be used to provide the nonfederal portion of the	8085
federal Highway Safety Program. Upon request by the Director of	8086
Public Safety and approval by the Director of Budget and	8087
Management, appropriation item 761-402 shall be used to transfer	8088
cash from the Highway Safety Fund to the Traffic Safety - Federal	8089
Fund (Fund 832) at the beginning of each fiscal year on an	8090
intrastate transfer voucher.	8091

FILM PRODUCTION REIMBURSEMENT FUND

8092

On July 1, 2005, or as soon as possible thereafter, the	8093
Director of Budget and Management shall transfer the cash balance	8094
in the Film Production Reimbursement Fund (Fund 847) to the	8095
Highway Safety Fund (Fund 036) created in section 4501.06 of the	8096
Revised Code. Upon completion of the transfer, notwithstanding any	8097
other provision of law to the contrary, the Film Production	8098
Reimbursement Fund (Fund 847) is abolished.	8099

Section 203.06.03.  BUREAU OF MOTOR VEHICLES

8100

State Special Revenue Fund Group

8101

539	762-614		Motor Vehicle Dealers Board		$	239,902		$	239,902		8102
TOTAL SSR State Special Revenue											8103
Fund Group					$	239,902		$	239,902		8104

State Highway Safety Fund Group

8105

4W4	762-321		Operating Expense-BMV		$	77,257,480		$	73,702,629		8106
4W4	762-410		Registrations Supplement		$	32,480,610		$	32,480,610		8107
5V1	762-682		License Plate Contributions		$	2,388,568		$	2,388,568		8108
83R	762-639		Local Immobilization Reimbursement		$	850,000		$	850,000		8109
835	762-616		Financial Responsibility Compliance		$	6,551,535		$	6,551,535		8110
849	762-627		Automated Title Processing Board		$	12,818,675		$	13,146,218		8111
TOTAL HSF State Highway Safety											8112
Fund Group					$	132,346,868		$	129,119,560		8113
TOTAL ALL BUDGET FUND GROUPS -											8114
Bureau of Motor Vehicles					$	132,586,770		$	129,359,462		8115

MOTOR VEHICLE REGISTRATION

8116

The Registrar of Motor Vehicles may deposit revenues to meet	8117
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	8118
4W4) established in section 4501.25 of the Revised Code, obtained	8119
under sections 4503.02 and 4504.02 of the Revised Code, less all	8120
other available cash. Revenue deposited pursuant to this section	8121
shall support, in part, appropriations for operating expenses and	8122
defray the cost of manufacturing and distributing license plates	8123
and license plate stickers and enforcing the law relative to the	8124
operation and registration of motor vehicles. Notwithstanding	8125
section 4501.03 of the Revised Code, the revenues shall be paid	8126
into the State Bureau of Motor Vehicles Fund before any revenues	8127
obtained pursuant to sections 4503.02 and 4504.02 of the Revised	8128
Code are paid into any other fund. The deposit of revenues to meet	8129
the aforementioned cash needs shall be in approximate equal	8130
amounts on a monthly basis or as otherwise determined by the	8131
Director of Budget and Management pursuant to a plan submitted by	8132
the Registrar of Motor Vehicles.	8133

CAPITAL PROJECTS

8134

The Registrar of Motor Vehicles may transfer cash from the	8135
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State	8136
Highway Safety Fund (Fund 036) to meet its obligations for capital	8137
projects CIR-047, Department of Public Safety Office Building,	8138
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop.	8139

Section 203.06.06.  ENFORCEMENT

8140

State Highway Safety Fund Group

8141

036	764-033		Minor Capital Projects		$	1,250,000		$	1,250,000		8142
036	764-321		Operating Expense - Highway Patrol		$	229,293,561		$	237,364,988		8143
036	764-605		Motor Carrier Enforcement Expenses		$	2,643,022		$	2,670,911		8144
5AY	764-688		Traffic Safety Operating		$	3,082,962		$	1,999,437		8145
83C	764-630		Contraband, Forfeiture, Other		$	622,894		$	622,894		8146
83F	764-657		Law Enforcement Automated Data System		$	7,324,524		$	7,544,260		8147
83G	764-633		OMVI Fines		$	820,927		$	820,927		8148
831	764-610		Patrol - Federal		$	2,430,950		$	2,455,484		8149
831	764-659		Transportation Enforcement - Federal		$	4,880,671		$	5,027,091		8150
837	764-602		Turnpike Policing		$	9,942,621		$	10,240,900		8151
838	764-606		Patrol Reimbursement		$	222,108		$	222,108		8152
840	764-607		State Fair Security		$	1,496,283		$	1,496,283		8153
840	764-617		Security and Investigations		$	8,145,192		$	8,145,192		8154
840	764-626		State Fairgrounds Police Force		$	788,375		$	788,375		8155
841	764-603		Salvage and Exchange - Highway Patrol		$	1,305,954		$	1,339,399		8156
TOTAL HSF State Highway Safety											8157
Fund Group					$	274,250,044		$	281,988,249		8158

General Services Fund Group

8159

4S2	764-660		MARCS Maintenance		$	252,432		$	262,186		8160
TOTAL GSF General Services											8161
Fund Group					$	252,432		$	262,186		8162
TOTAL ALL BUDGET FUND GROUPS -											8163
Enforcement					$	274,502,476		$	282,250,435		8164

COLLECTIVE BARGAINING INCREASES

8165

Notwithstanding division (D) of section 127.14 and division	8166
(B) of section 131.35 of the Revised Code, except for the General	8167
Revenue Fund, the Controlling Board may, upon the request of	8168
either the Director of Budget and Management, or the Department of	8169
Public Safety with the approval of the Director of Budget and	8170
Management, increase appropriations for any fund, as necessary for	8171
the Department of Public Safety, to assist in paying the costs of	8172
increases in employee compensation that have occurred pursuant to	8173
collective bargaining agreements under Chapter 4117. of the	8174
Revised Code and, for exempt employees, under section 124.152 of	8175
the Revised Code.	8176

Section 203.06.09.  EMERGENCY MEDICAL SERVICES

8177

State Highway Safety Fund Group

8178

83M	765-624		Operating Expenses - EMS		$	9,354,361		$	9,354,361		8179
831	765-610		EMS/Federal		$	582,007		$	582,007		8180
TOTAL HSF State Highway Safety											8181
Fund Group					$	9,936,368		$	9,936,368		8182
TOTAL ALL BUDGET FUND GROUPS -											8183
Emergency Medical Services					$	9,936,368		$	9,936,368		8184

EMERGENCY MEDICAL SERVICES FUND

8185

On July 1, 2005, or as soon as possible thereafter, the	8186
Director of Budget and Management shall cancel any existing	8187
encumbrances against appropriation items 761-611, Elementary	8188
School Seat Belt Program, 761-613, Seat Belt Education Program,	8189
and 765-637, EMS Grants, and re-establish them against	8190
appropriation item 765-624, Operating Expenses – EMS. The amounts	8191
of the re-established encumbrances are hereby appropriated. The	8192
Director also shall transfer any remaining cash balances from Fund	8193
83N, Elementary School Program Fund, Fund 83P, Trauma and	8194
Emergency Medical Services Grant Fund, and Fund 844, Seat Belt	8195
Education Fund, to Fund 83M, Emergency Medical Services Fund.	8196

Section 203.06.12.  INVESTIGATIVE UNIT

8197

State Highway Safety Fund Group

8198

831	767-610		Liquor Enforcement - Federal		$	514,184		$	514,184		8199
831	769-610		Food Stamp Trafficking Enforcement - Federal		$	992,920		$	1,032,135		8200
TOTAL HSF State Highway Safety											8201
Fund Group					$	1,507,104		$	1,546,319		8202

Liquor Control Fund Group

8203

043	767-321		Liquor Enforcement - Operations		$	10,120,365		$	10,423,976		8204
TOTAL LCF Liquor Control Fund											8205
Group					$	10,120,365		$	10,423,976		8206

State Special Revenue Fund Group

8207

622	767-615		Investigative Contraband and Forfeiture		$	404,111		$	404,111		8208
850	767-628		Investigative Unit Salvage		$	120,000		$	120,000		8209
TOTAL SSR State Special Revenue											8210
Fund Group					$	524,111		$	524,111		8211
TOTAL ALL BUDGET FUND GROUPS -											8212
Special Enforcement					$	12,151,580		$	12,494,406		8213

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	8214
EQUIPMENT	8215

The Director of Public Safety, using intrastate transfer	8216
vouchers, shall make cash transfers to the State Highway Safety	8217
Fund (Fund 036) from other funds to reimburse the State Highway	8218
Safety Fund for the share of lease rental payments to the Ohio	8219
Building Authority that are associated with appropriation item	8220
CAP-076, Investigative Unit MARCS Equipment.	8221

Section 203.06.15.  EMERGENCY MANAGEMENT

8222

Federal Special Revenue Fund Group

8223

3N5	763-644		U.S. DOE Agreement		$	275,000		$	275,000		8224
329	763-645		Federal Mitigation Program		$	303,504		$	303,504		8225
337	763-609		Federal Disaster Relief		$	27,269,140		$	27,280,000		8226
339	763-647		Emergency Management Assistance and Training		$	129,622,000		$	129,622,000		8227
TOTAL FED Federal Special											8228
Revenue Fund Group					$	157,469,644		$	157,480,504		8229

State Special Revenue Fund Group

8230

4V3	763-662		EMA Service and Reimbursement		$	696,446		$	696,446		8231
657	763-652		Utility Radiological Safety		$	1,260,000		$	1,260,000		8232
681	763-653		SARA Title III HAZMAT Planning		$	271,510		$	271,510		8233
TOTAL SSR State Special Revenue											8234
Fund Group					$	2,227,956		$	2,227,956		8235
TOTAL ALL BUDGET FUND GROUPS -											8236
Emergency Management					$	159,697,600		$	159,708,460		8237

FEDERAL MITIGATION PROGRAM

8238

The fund created by the Controlling Board known as the	8239
Disaster Relief Fund is now the Federal Mitigation Program Fund,	8240
and shall be used to plan and mitigate against future disaster	8241
costs.	8242

STATE DISASTER RELIEF

8243

The appropriation item 763-601, State Disaster Relief, may	8244
accept transfers of cash and appropriations from Controlling Board	8245
appropriation items to reimburse eligible local governments and	8246
private nonprofit organizations for costs related to disasters	8247
that have been declared by local governments or the Governor. The	8248
Ohio Emergency Management Agency shall publish and make available	8249
an application packet outlining eligible items and application	8250
procedures for entities requesting state disaster relief.	8251

Individuals may be eligible for reimbursement of costs	8252
related to disasters that have been declared by the Governor and	8253
the Small Business Administration. The funding in appropriation	8254
item 763-601, State Disaster Relief, shall be used in accordance	8255
with the principles of the federal Individual and Family Grant	8256
Program, which provides grants to households that have been	8257
affected by a disaster to replace basic living items. The Ohio	8258
Emergency Management Agency shall publish and make available an	8259
application procedure for individuals requesting assistance under	8260
the state Individual Assistance Program.	8261

SARA TITLE III HAZMAT PLANNING

8262

The SARA Title III HAZMAT Planning Fund (Fund 681) is	8263
entitled to receive grant funds from the Emergency Response	8264
Commission to implement the Emergency Management Agency's	8265
responsibilities under Chapter 3750. of the Revised Code.	8266

Section 203.06.18.  ADMINISTRATION

8267

State Highway Safety Fund Group

8268

036	766-321		Operating Expense - Administration		$	4,461,836		$	4,461,836		8269
830	761-603		Salvage and Exchange - Administration		$	22,070		$	22,070		8270
TOTAL HSF State Highway Safety											8271
Fund Group					$	4,483,906		$	4,483,906		8272

General Services Fund Group

8273

4S3	766-661		Hilltop Utility Reimbursement		$	500,000		$	500,000		8274
TOTAL GSF General Services											8275
Fund Group					$	500,000		$	500,000		8276
TOTAL ALL BUDGET FUND GROUPS -											8277
Administration					$	4,983,906		$	4,983,906		8278

Section 203.06.21.  DEBT SERVICE

8280

State Highway Safety Fund Group

8281

036	761-401		Lease Rental Payments		$	13,387,100		$	14,407,000		8282
TOTAL HSF State Highway Safety											8283
Fund Group					$	13,387,100		$	14,407,000		8284
TOTAL ALL BUDGET FUND GROUPS -											8285
Debt Service					$	13,387,100		$	14,407,000		8286

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

8287

The foregoing appropriation item 761-401, Lease Rental	8288
Payments, shall be used for payments to the Ohio Building	8289
Authority for the period July 1, 2005, to June 30, 2007, under the	8290
primary leases and agreements for buildings made under Chapter	8291
152. of the Revised Code that are pledged for bond service charges	8292
on related obligations issued under Chapter 152. of the Revised	8293
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	8294
Building Authority may, with approval of the Director of Budget	8295
and Management, lease capital facilities to the Department of	8296
Public Safety.	8297

HILLTOP TRANSFER

8298

The Director of Public Safety shall determine, per an	8299
agreement with the Director of Transportation, the share of each	8300
debt service payment made out of appropriation item 761-401, Lease	8301
Rental Payments, that relates to the Department of	8302
Transportation's portion of the Hilltop Building Project, and	8303
shall certify to the Director of Budget and Management the amounts	8304
of this share. The Director of Budget and Management shall	8305
transfer the amounts of such shares from the Highway Operating	8306
Fund (Fund 002) to the Highway Safety Fund (Fund 036).	8307

Section 203.06.24.  REVENUE DISTRIBUTION

8308

Holding Account Redistribution Fund Group

8309

R24	762-619		Unidentified Public Safety Receipts		$	1,885,000		$	1,885,000		8310
R52	762-623		Security Deposits		$	250,000		$	250,000		8311
TOTAL 090 Holding Account											8312
Redistribution Fund Group					$	2,135,000		$	2,135,000		8313
TOTAL ALL BUDGET FUND GROUPS -											8314
Revenue Distribution					$	2,135,000		$	2,135,000		8315

TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE	8316
REFUND FUND	8317

On July 1, 2005, or as soon as possible thereafter, the	8318
Director of Budget and Management shall transfer the cash balance	8319
in the Highway Patrol Fee Refund Fund (Fund R27) created in former	8320
section 4501.12 of the Revised Code to the Unidentified Public	8321
Safety Receipts Fund (Fund R24).	8322

TOTAL Department of Public Safety

8323

TOTAL HSF State Highway Safety											8324
Fund Group					$	459,009,425		$	464,841,856		8325
TOTAL SSR State Special Revenue											8326
Fund Group					$	2,991,969		$	2,991,969		8327
TOTAL LCF Liquor Control											8328
Fund Group					$	10,120,365		$	10,423,976		8329
TOTAL GSF General Services											8330
Fund Group					$	752,432		$	762,186		8331
TOTAL FED Federal Revenue Special											8332
Fund Group					$	157,469,644		$	157,480,504		8333
TOTAL AGY Agency Fund Group					$	100,000		$	100,000		8334
TOTAL 090 Holding Account Redistribution											8335
Fund Group					$	2,135,000		$	2,135,000		8336
TOTAL ALL BUDGET FUND GROUPS					$	632,578,835		$	638,735,491		8337

Section 203.06.27. CASH BALANCE FUND REVIEW

8339

Not later than the first day of April in each fiscal year of	8340
the biennium, the Director of Budget and Management shall review	8341
the cash balances for each fund, except the State Highway Safety	8342
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4),	8343
in the State Highway Safety Fund Group, and shall recommend to the	8344
Controlling Board an amount to be transferred to the credit of the	8345
State Highway Safety Fund or the Bureau of Motor Vehicles Fund, as	8346
appropriate.	8347

SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND

8348

The Director of Budget and Management, under a plan submitted	8349
by the Department of Public Safety or as otherwise determined by	8350
the Director, shall set a cash transfer schedule totaling	8351
$57,181,700 in fiscal year 2006 and $38,502,400 in fiscal year	8352
2007 from the Highway Operating Fund, created in section 5735.291	8353
of the Revised Code, to the State Highway Safety Fund, created in	8354
section 4501.06 of the Revised Code. The director shall transfer	8355
the cash at such times as is determined by the transfer schedule.	8356

Section 203.09.  DEV DEPARTMENT OF DEVELOPMENT

8357

Highway Operating Fund Group

8358

4W0	195-629		Roadwork Development		$	17,699,900		$	17,699,900		8359
TOTAL HOF Highway Operating											8360
Fund Group					$	17,699,900		$	17,699,900		8361
TOTAL ALL BUDGET FUND GROUPS					$	17,699,900		$	17,699,900		8362

ROADWORK DEVELOPMENT FUND

8363

The Roadwork Development Fund shall be used for road	8364
improvements associated with economic development opportunities	8365
that will retain or attract businesses for Ohio. "Road	8366
improvements" are improvements to public roadway facilities	8367
located on, or serving or capable of serving, a project site.	8368

The Department of Transportation, under the direction of the	8369
Department of Development, shall provide these funds in accordance	8370
with all guidelines and requirements established for Department of	8371
Development appropriation item 195-412, Business Development,	8372
including Controlling Board review and approval as well as the	8373
requirements for usage of gas tax revenue prescribed in Section 5a	8374
of Article XII, Ohio Constitution. Should the Department of	8375
Development require the assistance of the Department of	8376
Transportation to bring a project to completion, the Department of	8377
Transportation shall use its authority under Title LV of the	8378
Revised Code to provide such assistance and enter into contracts	8379
on behalf of the Department of Development. In addition, these	8380
funds may be used in conjunction with appropriation item 195-412,	8381
Business Development, or any other state funds appropriated for	8382
infrastructure improvements.	8383

The Director of Budget and Management, pursuant to a plan	8384
submitted by the Department of Development or as otherwise	8385
determined by the Director of Budget and Management, shall set a	8386
cash transfer schedule to meet the cash needs of the Department of	8387
Development's Roadwork Development Fund (Fund 4W0), less any other	8388
available cash. The director shall transfer to the Roadwork	8389
Development Fund from the Highway Operating Fund (Fund 002),	8390
established in section 5735.291 of the Revised Code, such amounts	8391
at such times as determined by the transfer schedule.	8392

TRANSPORTATION IMPROVEMENT DISTRICTS

8393

Notwithstanding section 5540.151 of the Revised Code, of the	8394
foregoing appropriation item 195-629, Roadwork Development,	8395
$250,000 in each fiscal year of the biennium shall be paid by the	8396
Director of Development to each of the transportation improvement	8397
districts of Butler, Hamilton, Licking, Lorain, Medina,	8398
Montgomery, and Stark counties and to the Rossford Transportation	8399
Improvement District in Wood County. The districts may use the	8400
payments for transportation or highway project purposes authorized	8401
under Chapter 5540. of the Revised Code, including administrative	8402
activities related to a specific transportation or highway project	8403
and the purchase of property and rights for the construction,	8404
maintenance, or operation of a project. These payments shall not	8405
be subject to the restrictions of appropriation item 195-629,	8406
Roadwork Development.	8407

Section 203.12.  PWC PUBLIC WORKS COMMISSION

8408

Local Transportation Improvements Fund Group

8409

052	150-402		LTIP - Operating		$	294,245		$	306,509		8410
052	150-701		Local Transportation Improvement Program		$	66,000,000		$	66,000,000		8411
TOTAL 052 Local Transportation											8412
Improvements Fund Group					$	66,294,245		$	66,306,509		8413

Local Infrastructure Improvements Fund Group

8414

038	150-321		SCIP - Operating Expenses		$	891,324		$	919,397		8415
TOTAL LIF Local Infrastructure											8416
Improvements Fund Group					$	891,324		$	919,397		8417
TOTAL ALL BUDGET FUND GROUPS					$	67,185,569		$	67,225,906		8418

DISTRICT ADMINISTRATION COSTS

8419

The Director of the Public Works Commission is authorized to	8420
create a District Administration Costs Program from interest	8421
earnings of the Capital Improvements Fund and Local Transportation	8422
Improvement Program Fund proceeds. The program shall be used to	8423
provide for the direct costs of district administration of the	8424
nineteen public works districts. Districts choosing to participate	8425
in the program shall only expend Capital Improvements Fund moneys	8426
for Capital Improvements Fund costs and Local Transportation	8427
Improvement Program Fund moneys for Local Transportation	8428
Improvement Program Fund costs. The account shall not exceed	8429
$760,000 per fiscal year. Each public works district may be	8430
eligible for up to $40,000 per fiscal year from its district	8431
allocation as provided in sections 164.08 and 164.14 of the	8432
Revised Code.	8433

The director, by rule, shall define allowable and	8434
nonallowable costs for the purpose of the District Administration	8435
Costs Program. Nonallowable costs include indirect costs, elected	8436
official salaries and benefits, and project-specific costs. No	8437
district public works committee may participate in the District	8438
Administration Costs Program without the approval of those costs	8439
by the district public works committee under section 164.04 of the	8440
Revised Code.	8441

REAPPROPRIATIONS

8442

All capital appropriations from the Local Transportation	8443
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 87 of the	8444
125th General Assembly remaining unencumbered as of June 30, 2005,	8445
are reappropriated for use during the period July 1, 2005, through	8446
June 30, 2006, for the same purpose.	8447

Notwithstanding division (B) of section 127.14 of the Revised	8448
Code, all capital appropriations and reappropriations from the	8449
Local Transportation Improvement Program Fund (Fund 052) in this	8450
act remaining unencumbered as of June 30, 2006, are reappropriated	8451
for use during the period July 1, 2006, through June 30, 2007, for	8452
the same purposes, subject to the availability of revenue as	8453
determined by the Director of the Public Works Commission.	8454

Section 303.03.  PROVISIONS OF LAW GENERALLY APPLICABLE TO	8455
APPROPRIATIONS	8456

Law contained in the main operating appropriations act of the	8457
126th General Assembly that is generally applicable to the	8458
appropriations made in the main operating appropriations act also	8459
is generally applicable to the appropriations made in this act.	8460

Section 303.06.  LEASE PAYMENTS TO OBA AND TREASURER

8461

Certain appropriations are in this act for the purpose of	8462
lease payments to the Ohio Building Authority or to the Treasurer	8463
of State under leases and agreements relating to bonds or notes	8464
issued by the Ohio Building Authority or the Treasurer of State	8465
under the Ohio Constitution and acts of the General Assembly. If	8466
it is determined that additional appropriations are necessary for	8467
this purpose, such amounts are hereby appropriated.	8468

Section 403.05. That Section 5 of Sub. S.B. 59 of the 124th	8469
General Assembly be amended to read as follows:	8470

Sec. 5. In accordance with a schedule and on a form adopted	8471
by the Registrar of Motor Vehicles, a clerk of a court of common	8472
pleas may certify to the Registrar any net revenue loss that the	8473
clerk incurs during the first three years following the effective	8474
date of this sectionOctober 31, 2001, and that is attributable to	8475
the implementation of this actSub. S.B. 59 of the 124th General	8476
Assembly. The clerk shall certify net revenue loss based upon a	8477
comparison of the revenue the clerk received during a period of	8478
time, as determined by the Registrar, preceding the effective date	8479
of this sectionOctober 31, 2001, with the revenue the clerk	8480
receives during comparable periods of time during the first three	8481
years following the effective date of this sectionOctober 31,	8482
2001.	8483

From the automated title processing fund created by section	8484
4505.09 of the Revised Code, the Registrar shall make on a monthly	8485
basis during those three years payments to any clerk who certifies	8486
a net revenue loss for an applicable reporting period, as	8487
specified in this section. During the first year of payments, the	8488
payments shall equal one hundred per cent of the certified net	8489
revenue loss for an applicable reporting period. During the second	8490
year of payments, the payments shall equal seventy-five per cent	8491
of the certified net revenue loss for an applicable reporting	8492
period. During the third year of payments, the payments shall	8493
equal fifty per cent of the certified net revenue loss for an	8494
applicable reporting period. In addition, the Registrar shall make	8495
monthly payments to any county that experienced a loss of revenue	8496
during calendar year 2004 due to cross-county titling; the	8497
payments shall be equal to fifty per cent of the certified net	8498
revenue loss and shall be made until December 31, 2005, or until	8499
the Automated Title Processing System is fully operational,	8500
whichever is earlier.	8501

The Registrar shall adopt rules as necessary to implement	8502
this section.	8503

Section 403.06. That existing Section 5 of Sub. S.B. 59 of	8504
the 124th General Assembly is hereby repealed.	8505

Section 503.03. From July 1, 2005, through June 30, 2007,	8506
three or fewer steel coils are deemed to be a nondivisible load	8507
for purposes of special permits issued under section 4513.34 of	8508
the Revised Code, provided that the maximum overall gross vehicle	8509
weight of the vehicle and load shall not exceed 92,000 pounds.	8510

Section 606.03. If any item of law that constitutes the whole	8511
or part of a codified or uncodified section of law contained in	8512
this act, or if any application of any item of law that	8513
constitutes the whole or part of a codified or uncodified section	8514
of law contained in this act, is held invalid, the invalidity does	8515
not affect other items of law or applications of items of law that	8516
can be given effect without the invalid item of law or	8517
application. To this end, the items of law of which the codified	8518
and uncodified sections contained in this act are composed, and	8519
their applications, are independent and severable.	8520

Section 612.03. Except as otherwise specifically provided in	8521
this act, the codified sections of law amended or enacted in this	8522
act, and the items of law of which the codified sections of law	8523
amended or enacted in this act are composed, are subject to the	8524
referendum. Therefore, under Ohio Constitution, Article II,	8525
Section 1c and section 1.471 of the Revised Code, the codified	8526
sections of law amended or enacted by this act, and the items of	8527
law of which the codified sections of law as amended or enacted by	8528
this act are composed, take effect on the ninety-first day after	8529
this act is filed with the Secretary of State. If, however, a	8530
referendum petition is filed against any such codified section of	8531
law as amended or enacted by this act, or against any item of law	8532
of which any such codified section of law as amended or enacted by	8533
this act is composed, the codified section of law as amended or	8534
enacted, or item of law, unless rejected at the referendum, takes	8535
effect at the earliest time permitted by law.	8536

Section 612.06. Sections 4511.191, 4513.263, 4765.07,	8537
4765.11, and 5503.04 of the Revised Code, as amended or enacted by	8538
this act, and the items of law of which such sections as amended	8539
or enacted by this act are composed, are not subject to the	8540
referendum. Therefore, under Ohio Constitution, Article II,	8541
Section 1d and section 1.471 of the Revised Code, such sections as	8542
amended or enacted by this act, and the items of law of which such	8543
sections as amended or enacted by this act are composed, go into	8544
immediate effect when this act becomes law.	8545

Section 612.09. Sections 109.572, 4501.26, 4503.26, 4503.40,	8546
4503.42, 4508.06, 4508.10, 4509.27, 4749.03, 4749.06, and 4749.10	8547
of the Revised Code, as amended or enacted by this act, and the	8548
items of law of which such sections as amended or enacted by this	8549
act are composed, are not subject to the referendum. Therefore,	8550
under Ohio Constitution, Article II, Section 1d and section 1.471	8551
of the Revised Code, such sections as amended or enacted by this	8552
act, and the items of law of which such sections as amended or	8553
enacted by this act are composed, are entitled to go into	8554
immediate effect when this act becomes law. However, those	8555
sections as amended by this act, and the items of law which those	8556
sections as amended by this act are composed, take effect on July	8557
1, 2005.	8558

Section 612.12. The repeal by this act of sections 4501.12	8559
and 4501.35 of the Revised Code is not subject to the referendum.	8560
Therefore, under Ohio Constitution, Article II, Section 1d and	8561
section 1.471 of the Revised Code, such repeals are entitled to go	8562
into immediate effect when this act becomes law. However, those	8563
sections as repealed by this act, and the items of law which those	8564
sections as repealed by this act are composed, go into effect on	8565
July 1, 2005.	8566

Section 612.18. If the amendment or enactment in this act of	8567
a codified section of law is subject to the referendum, the	8568
corresponding indications in the amending, enacting, or existing	8569
repeal clauses commanding the amendment or enactment also are	8570
subject to the referendum, along with the amendment or enactment.	8571
If the amendment, enactment, or repeal by this act of a codified	8572
or uncodified section of law is not subject to the referendum, the	8573
corresponding indications in the amending, enacting, or repeal	8574
clauses commanding the amendment, enactment, or repeal also are	8575
not subject to the referendum, the same as the amendment,	8576
enactment, or repeal.	8577

Section 615.03. The items in the uncodified sections of law	8578
contained in this act that appropriate money for the current	8579
expenses of state government, earmark this class of	8580
appropriations, or depend for their implementation upon an	8581
appropriation for the current expenses of state government are not	8582
subject to the referendum. Therefore, under Ohio Constitution,	8583
Article II, Section 1d and section 1.471 of the Revised Code,	8584
these items go into immediate effect when this act becomes law.	8585

The items in the uncodified sections of law contained in this	8586
act that appropriate money other than for the current expenses of	8587
state government, earmark this class of appropriations, or do not	8588
depend for their implementation upon an appropriation for the	8589
current expenses of state government are subject to the	8590
referendum. Therefore, under Ohio Constitution, Article II,	8591
Section 1c and section 1.471 of the Revised Code, these items take	8592
effect on the ninety-first day after this act is filed with the	8593
Secretary of State. If, however, a referendum petition is filed	8594
against such an item, the item, unless rejected at the referendum,	8595
takes effect at the earliest time permitted by law.	8596

This section is not subject to the referendum. Therefore,	8597
under Ohio Constitution, Article II, Section 1d and section 1.471	8598
of the Revised Code, this section goes into immediate effect when	8599
this act becomes law.	8600

Section 615.06. Section 5 of Sub. S.B. 59 of the 124th	8601
General Assembly, as amended by this act, and the items of law of	8602
which the section as amended by this act is composed, are not	8603
subject to the referendum. Therefore, under Ohio Constitution,	8604
Article II, Section 1d and section 1.471 of the Revised Code, the	8605
section as amended by this act, and the items of law of which the	8606
section as amended by this act are composed, go into immediate	8607
effect when this act becomes law.	8608

Section 618.03.  The General Assembly, applying the principle	8609
stated in division (B) of section 1.52 of the Revised Code that	8610
amendments are to be harmonized if reasonably capable of	8611
simultaneous operation, finds that the following sections,	8612
presented in this act as composites of the sections as amended by	8613
the acts indicated, are the resulting versions of the sections in	8614
effect prior to the effective date of the sections as presented in	8615
this act:	8616

Section 109.572 of the Revised Code as amended by Am. Sub.	8617
H.B. 117, Am. Sub. H.B. 306, Am. Sub. S.B. 53, and Am. S.B. 178,	8618
all of the 125th General Assembly.	8619

Section 307.12 of the Revised Code as amended by both Sub.	8620
H.B. 204 and Sub. H.B. 323 of the 125th General Assembly.	8621

Section 2935.03 of the Revised Code as amended by Sub. H.B.	8622
545, H.B. 675, and Am. Sub. S.B. 123 of the 124th General	8623
Assembly.	8624