Sub. H. B. No. 68 As Reported by the House Finance and Appropriations Committee

Representatives T. Patton, Calvert, Flowers, Martin, S. Patton

A BILL

To amend sections 109.572, 122.14, 307.12, 315.08, 1
315.14, 315.18, 4501.04, 4501.06, 4501.21, 2
4501.26, 4503.02, 4503.103, 4503.181, 4503.19, 3
4503.21, 4503.23, 4503.26, 4503.40, 4503.42, 4
4505.021, 4505.031, 4505.032, 4505.06, 4505.08, 5
4506.08, 4506.14, 4508.06, 4509.27, 4513.34, 6
4519.58, 4549.10, 4749.03, 4749.06, 4749.10, 7
5501.11, 5513.04, 5525.01, 5525.10, 5525.15, 8
5531.09, 5531.10, 5537.17, 5543.02, 5735.05, 9
5735.23, 5735.25, 5735.27, 5735.28, and 5735.29; 10
to enact sections 4503.192, 4503.85, 4508.10, and 11
5537.161; and to repeal sections 4501.12 and 12
4501.35 of the Revised Code to make appropriations 13
for programs related to transportation and public 14
safety for the biennium beginning July 1, 2005, 15
and ending June 30, 2007, and to provide 16
authorization and conditions for the operation of 17
those programs. 18

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

       Section 101.01. That sections 109.572, 122.14, 307.12, 19
315.08, 315.14, 315.18, 4501.04, 4501.06, 4501.21, 4501.26, 20
4503.02, 4503.103, 4503.181, 4503.19, 4503.21, 4503.23, 4503.26, 21
4503.40, 4503.42, 4505.021, 4505.031, 4505.032, 4505.06, 4505.08, 22
4506.08, 4506.14, 4508.06, 4509.27, 4513.34, 4519.58, 4549.10, 23
4749.03, 4749.06, 4749.10, 5501.11, 5513.04, 5525.01, 5525.10, 24
5525.15, 5531.09, 5531.10, 5537.17, 5543.02, 5735.05, 5735.23, 25
5735.25, 5735.27, 5735.28, and 5735.29 be amended and sections 26
4503.192, 4503.85, 4508.10, and 5537.161 of the Revised Code be 27
enacted to read as follows: 28

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 29
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 30
5104.013, or 5153.111 of the Revised Code, a completed form 31
prescribed pursuant to division (C)(1) of this section, and a set 32
of fingerprint impressions obtained in the manner described in 33
division (C)(2) of this section, the superintendent of the bureau 34
of criminal identification and investigation shall conduct a 35
criminal records check in the manner described in division (B) of 36
this section to determine whether any information exists that 37
indicates that the person who is the subject of the request 38
previously has been convicted of or pleaded guilty to any of the 39
following: 40

       (a) A violation of section 2903.01, 2903.02, 2903.03, 41
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 42
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 43
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 44
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 45
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 46
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 47
2925.06, or 3716.11 of the Revised Code, felonious sexual 48
penetration in violation of former section 2907.12 of the Revised 49
Code, a violation of section 2905.04 of the Revised Code as it 50
existed prior to July 1, 1996, a violation of section 2919.23 of 51
the Revised Code that would have been a violation of section 52
2905.04 of the Revised Code as it existed prior to July 1, 1996, 53
had the violation been committed prior to that date, or a 54
violation of section 2925.11 of the Revised Code that is not a 55
minor drug possession offense; 56

       (b) A violation of an existing or former law of this state, 57
any other state, or the United States that is substantially 58
equivalent to any of the offenses listed in division (A)(1)(a) of 59
this section. 60

       (2) On receipt of a request pursuant to section 5123.081 of 61
the Revised Code with respect to an applicant for employment in 62
any position with the department of mental retardation and 63
developmental disabilities, pursuant to section 5126.28 of the 64
Revised Code with respect to an applicant for employment in any 65
position with a county board of mental retardation and 66
developmental disabilities, or pursuant to section 5126.281 of the 67
Revised Code with respect to an applicant for employment in a 68
direct services position with an entity contracting with a county 69
board for employment, a completed form prescribed pursuant to 70
division (C)(1) of this section, and a set of fingerprint 71
impressions obtained in the manner described in division (C)(2) of 72
this section, the superintendent of the bureau of criminal 73
identification and investigation shall conduct a criminal records 74
check. The superintendent shall conduct the criminal records check 75
in the manner described in division (B) of this section to 76
determine whether any information exists that indicates that the 77
person who is the subject of the request has been convicted of or 78
pleaded guilty to any of the following: 79

       (a) A violation of section 2903.01, 2903.02, 2903.03, 80
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 81
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 82
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 83
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 84
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 85
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 86
2925.03, or 3716.11 of the Revised Code; 87

       (b) An existing or former municipal ordinance or law of this 88
state, any other state, or the United States that is substantially 89
equivalent to any of the offenses listed in division (A)(2)(a) of 90
this section. 91

       (3) On receipt of a request pursuant to section 173.41, 92
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 93
form prescribed pursuant to division (C)(1) of this section, and a 94
set of fingerprint impressions obtained in the manner described in 95
division (C)(2) of this section, the superintendent of the bureau 96
of criminal identification and investigation shall conduct a 97
criminal records check with respect to any person who has applied 98
for employment in a position that involves providing direct care 99
to an older adult. The superintendent shall conduct the criminal 100
records check in the manner described in division (B) of this 101
section to determine whether any information exists that indicates 102
that the person who is the subject of the request previously has 103
been convicted of or pleaded guilty to any of the following: 104

       (a) A violation of section 2903.01, 2903.02, 2903.03, 105
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 106
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 107
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 108
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 109
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 110
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 111
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 112
2925.22, 2925.23, or 3716.11 of the Revised Code; 113

       (b) An existing or former law of this state, any other state, 114
or the United States that is substantially equivalent to any of 115
the offenses listed in division (A)(3)(a) of this section. 116

       (4) On receipt of a request pursuant to section 3701.881 of 117
the Revised Code with respect to an applicant for employment with 118
a home health agency as a person responsible for the care, 119
custody, or control of a child, a completed form prescribed 120
pursuant to division (C)(1) of this section, and a set of 121
fingerprint impressions obtained in the manner described in 122
division (C)(2) of this section, the superintendent of the bureau 123
of criminal identification and investigation shall conduct a 124
criminal records check. The superintendent shall conduct the 125
criminal records check in the manner described in division (B) of 126
this section to determine whether any information exists that 127
indicates that the person who is the subject of the request 128
previously has been convicted of or pleaded guilty to any of the 129
following: 130

       (a) A violation of section 2903.01, 2903.02, 2903.03, 131
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 132
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 133
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 134
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 135
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 136
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 137
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 138
violation of section 2925.11 of the Revised Code that is not a 139
minor drug possession offense; 140

       (b) An existing or former law of this state, any other state, 141
or the United States that is substantially equivalent to any of 142
the offenses listed in division (A)(4)(a) of this section. 143

       (5) On receipt of a request pursuant to section 5111.95 or 144
5111.96 of the Revised Code with respect to an applicant for 145
employment with a waiver agency participating in a department of 146
job and family services administered home and community-based 147
waiver program or an independent provider participating in a 148
department administered home and community-based waiver program in 149
a position that involves providing home and community-based waiver 150
services to consumers with disabilities, a completed form 151
prescribed pursuant to division (C)(1) of this section, and a set 152
of fingerprint impressions obtained in the manner described in 153
division (C)(2) of this section, the superintendent of the bureau 154
of criminal identification and investigation shall conduct a 155
criminal records check. The superintendent shall conduct the 156
criminal records check in the manner described in division (B) of 157
this section to determine whether any information exists that 158
indicates that the person who is the subject of the request 159
previously has been convicted of or pleaded guilty to any of the 160
following: 161

       (a) A violation of section 2903.01, 2903.02, 2903.03, 162
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 163
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 164
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 165
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 166
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 167
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 168
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 169
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 170
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 171
Revised Code, felonious sexual penetration in violation of former 172
section 2907.12 of the Revised Code, a violation of section 173
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 174
violation of section 2919.23 of the Revised Code that would have 175
been a violation of section 2905.04 of the Revised Code as it 176
existed prior to July 1, 1996, had the violation been committed 177
prior to that date; 178

       (b) An existing or former law of this state, any other state, 179
or the United States that is substantially equivalent to any of 180
the offenses listed in division (A)(5)(a) of this section. 181

       (6) On receipt of a request pursuant to section 3701.881 of 182
the Revised Code with respect to an applicant for employment with 183
a home health agency in a position that involves providing direct 184
care to an older adult, a completed form prescribed pursuant to 185
division (C)(1) of this section, and a set of fingerprint 186
impressions obtained in the manner described in division (C)(2) of 187
this section, the superintendent of the bureau of criminal 188
identification and investigation shall conduct a criminal records 189
check. The superintendent shall conduct the criminal records check 190
in the manner described in division (B) of this section to 191
determine whether any information exists that indicates that the 192
person who is the subject of the request previously has been 193
convicted of or pleaded guilty to any of the following: 194

       (a) A violation of section 2903.01, 2903.02, 2903.03, 195
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 196
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 197
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 198
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 199
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 200
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 201
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 202
2925.22, 2925.23, or 3716.11 of the Revised Code; 203

       (b) An existing or former law of this state, any other state, 204
or the United States that is substantially equivalent to any of 205
the offenses listed in division (A)(6)(a) of this section. 206

       (7) When conducting a criminal records check upon a request 207
pursuant to section 3319.39 of the Revised Code for an applicant 208
who is a teacher, in addition to the determination made under 209
division (A)(1) of this section, the superintendent shall 210
determine whether any information exists that indicates that the 211
person who is the subject of the request previously has been 212
convicted of or pleaded guilty to any offense specified in section 213
3319.31 of the Revised Code. 214

       (8) On a request pursuant to section 2151.86 of the Revised 215
Code, a completed form prescribed pursuant to division (C)(1) of 216
this section, and a set of fingerprint impressions obtained in the 217
manner described in division (C)(2) of this section, the 218
superintendent of the bureau of criminal identification and 219
investigation shall conduct a criminal records check in the manner 220
described in division (B) of this section to determine whether any 221
information exists that indicates that the person who is the 222
subject of the request previously has been convicted of or pleaded 223
guilty to any of the following: 224

       (a) A violation of section 2903.01, 2903.02, 2903.03, 225
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 226
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 227
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 228
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 229
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 230
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 231
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 232
violation of section 2905.04 of the Revised Code as it existed 233
prior to July 1, 1996, a violation of section 2919.23 of the 234
Revised Code that would have been a violation of section 2905.04 235
of the Revised Code as it existed prior to July 1, 1996, had the 236
violation been committed prior to that date, a violation of 237
section 2925.11 of the Revised Code that is not a minor drug 238
possession offense, or felonious sexual penetration in violation 239
of former section 2907.12 of the Revised Code; 240

       (b) A violation of an existing or former law of this state, 241
any other state, or the United States that is substantially 242
equivalent to any of the offenses listed in division (A)(8)(a) of 243
this section. 244

       (9) On receipt of a request for a criminal records check from 245
an individual pursuant to section 4749.03 or 4749.06 of the 246
Revised Code, accompanied by a completed copy of the form 247
prescribed in division (C)(1) of this section and a set of 248
fingerprint impressions obtained in a manner described in division 249
(C)(2) of this section, the superintendent of the bureau of 250
criminal identification and investigation shall conduct a criminal 251
records check in the manner described in division (B) of this 252
section to determine whether any information exists indicating 253
that the person who is the subject of the request has been 254
convicted of or pleaded guilty to a felony in this state or in any 255
other state. If the individual indicates that a firearm will be 256
carried in the course of business, the superintendent shall 257
require information from the federal bureau of investigation as 258
described in division (B)(2) of this section. The superintendent 259
shall report the findings of the criminal records check and any 260
information the federal bureau of investigation provides to the 261
director of public safety. 262

       (10) Not later than thirty days after the date the 263
superintendent receives the request, completed form, and 264
fingerprint impressions, the superintendent shall send the person, 265
board, or entity that made the request any information, other than 266
information the dissemination of which is prohibited by federal 267
law, the superintendent determines exists with respect to the 268
person who is the subject of the request that indicates that the 269
person previously has been convicted of or pleaded guilty to any 270
offense listed or described in division (A)(1), (2), (3), (4), 271
(5), (6), (7), or (8), or (9) of this section, as appropriate. The 272
superintendent shall send the person, board, or entity that made 273
the request a copy of the list of offenses specified in division 274
(A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this 275
section, as appropriate. If the request was made under section 276
3701.881 of the Revised Code with regard to an applicant who may 277
be both responsible for the care, custody, or control of a child 278
and involved in providing direct care to an older adult, the 279
superintendent shall provide a list of the offenses specified in 280
divisions (A)(4) and (6) of this section. 281

       (B) The superintendent shall conduct any criminal records 282
check requested under section 121.08, 173.41, 2151.86, 3301.32, 283
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 284
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 285
5126.281, or 5153.111 of the Revised Code as follows: 286

       (1) The superintendent shall review or cause to be reviewed 287
any relevant information gathered and compiled by the bureau under 288
division (A) of section 109.57 of the Revised Code that relates to 289
the person who is the subject of the request, including any 290
relevant information contained in records that have been sealed 291
under section 2953.32 of the Revised Code; 292

       (2) If the request received by the superintendent asks for 293
information from the federal bureau of investigation, the 294
superintendent shall request from the federal bureau of 295
investigation any information it has with respect to the person 296
who is the subject of the request and shall review or cause to be 297
reviewed any information the superintendent receives from that 298
bureau. 299

        (3) The superintendent or the superintendent's designee may 300
request criminal history records from other states or the federal 301
government pursuant to the national crime prevention and privacy 302
compact set forth in section 109.571 of the Revised Code. 303

       (C)(1) The superintendent shall prescribe a form to obtain 304
the information necessary to conduct a criminal records check from 305
any person for whom a criminal records check is required by 306
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 307
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 308
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 309
5153.111 of the Revised Code. The form that the superintendent 310
prescribes pursuant to this division may be in a tangible format, 311
in an electronic format, or in both tangible and electronic 312
formats. 313

       (2) The superintendent shall prescribe standard impression 314
sheets to obtain the fingerprint impressions of any person for 315
whom a criminal records check is required by section 121.08, 316
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 317
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 318
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 319
Code. Any person for whom a records check is required by any of 320
those sections shall obtain the fingerprint impressions at a 321
county sheriff's office, municipal police department, or any other 322
entity with the ability to make fingerprint impressions on the 323
standard impression sheets prescribed by the superintendent. The 324
office, department, or entity may charge the person a reasonable 325
fee for making the impressions. The standard impression sheets the 326
superintendent prescribes pursuant to this division may be in a 327
tangible format, in an electronic format, or in both tangible and 328
electronic formats. 329

       (3) Subject to division (D) of this section, the 330
superintendent shall prescribe and charge a reasonable fee for 331
providing a criminal records check requested under section 121.08, 332
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 333
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 334
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 335
Code. The person making a criminal records request under section 336
121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 337
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 338
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the 339
Revised Code shall pay the fee prescribed pursuant to this 340
division. A person making a request under section 3701.881 of the 341
Revised Code for a criminal records check for an applicant who may 342
be both responsible for the care, custody, or control of a child 343
and involved in providing direct care to an older adult shall pay 344
one fee for the request. 345

       (4) The superintendent of the bureau of criminal 346
identification and investigation may prescribe methods of 347
forwarding fingerprint impressions and information necessary to 348
conduct a criminal records check, which methods shall include, but 349
not be limited to, an electronic method. 350

       (D) A determination whether any information exists that 351
indicates that a person previously has been convicted of or 352
pleaded guilty to any offense listed or described in division 353
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 354
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or 355
(b) of this section that is made by the superintendent with 356
respect to information considered in a criminal records check in 357
accordance with this section is valid for the person who is the 358
subject of the criminal records check for a period of one year 359
from the date upon which the superintendent makes the 360
determination. During the period in which the determination in 361
regard to a person is valid, if another request under this section 362
is made for a criminal records check for that person, the 363
superintendent shall provide the information that is the basis for 364
the superintendent's initial determination at a lower fee than the 365
fee prescribed for the initial criminal records check. 366

       (E) As used in this section: 367

       (1) "Criminal records check" means any criminal records check 368
conducted by the superintendent of the bureau of criminal 369
identification and investigation in accordance with division (B) 370
of this section. 371

       (2) "Home and community-based waiver services" and "waiver 372
agency" have the same meanings as in section 5111.95 of the 373
Revised Code. 374

       (3) "Independent provider" has the same meaning as in section 375
5111.96 of the Revised Code. 376

       (4) "Minor drug possession offense" has the same meaning as 377
in section 2925.01 of the Revised Code. 378

       (5) "Older adult" means a person age sixty or older. 379

       Sec. 122.14. There is hereby created in the state treasury 380
the roadwork development fund. The fund shall consist of the 381
investment earnings of the security deposit fund created by 382
section 4509.27 of the Revised Code and revenue transferred to it 383
by the director of budget and management from the highway 384
operating fund created in section 5735.291 of the Revised Code 385
~~and~~. The fund shall be used by the department of development in 386
accordance with Section 5a of Article XII, Ohio Constitution, to 387
make road improvements associated with retaining or attracting 388
business for this state. All investment earnings of the fund shall 389
be credited to the fund. 390

       Sec. 307.12. (A) Except as otherwise provided in divisions 391
(D), (E), and (G) of this section, when the board of county 392
commissioners finds, by resolution, that the county has personal 393
property, including motor vehicles acquired for the use of county 394
officers and departments, and road machinery, equipment, tools, or 395
supplies, which is not needed for public use, is obsolete, or is 396
unfit for the use for which it was acquired, and when the fair 397
market value of the property to be sold or donated under this 398
division is, in the opinion of the board, in excess of two 399
thousand five hundred dollars, the board may do either of the 400
following: 401

       (1) Sell the property at public auction or by sealed bid to 402
the highest bidder. Notice of the time, place, and manner of the 403
sale shall be published in a newspaper of general circulation in 404
the county at least ten days prior to the sale, and a typewritten 405
or printed notice of the time, place, and manner of the sale shall 406
be posted at least ten days before the sale in the offices of the 407
county auditor and the board of county commissioners. 408

       If a board conducts a sale of property by sealed bid, the 409
form of the bid shall be as prescribed by the board, and each bid 410
shall contain the name of the person submitting it. Bids received 411
shall be opened and tabulated at the time stated in the notice. 412
The property shall be sold to the highest bidder, except that the 413
board may reject all bids and hold another sale, by public auction 414
or sealed bid, in the manner prescribed by this section. 415

       (2) Donate any motor vehicle that does not exceed four 416
thousand five hundred dollars in value to a nonprofit organization 417
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) 418
and (c)(3) for the purpose of meeting the transportation needs of 419
participants in the Ohio works first program established under 420
Chapter 5107. of the Revised Code and participants in the 421
prevention, retention, and contingency program established under 422
Chapter 5108. of the Revised Code. 423

       (B) When the board of county commissioners finds, by 424
resolution, that the county has personal property, including motor 425
vehicles acquired for the use of county officers and departments, 426
and road machinery, equipment, tools, or supplies, which is not 427
needed for public use, is obsolete, or is unfit for the use for 428
which it was acquired, and when the fair market value of the 429
property to be sold or donated under this division is, in the 430
opinion of the board, two thousand five hundred dollars or less, 431
the board may do either of the following: 432

       (1) Sell the property by private sale, without advertisement 433
or public notification; 434

       (2) Donate the property to an eligible nonprofit organization 435
that is located in this state and is exempt from federal income 436
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating 437
any property under this division, the board shall adopt a 438
resolution expressing its intent to make unneeded, obsolete, or 439
unfit-for-use county personal property available to these 440
organizations. The resolution shall include guidelines and 441
procedures the board considers necessary to implement a donation 442
program under this division and shall indicate whether the county 443
will conduct the donation program or the board will contract with 444
a representative to conduct it. If a representative is known when 445
the resolution is adopted, the resolution shall provide contact 446
information such as the representative's name, address, and 447
telephone number. 448

       The resolution shall include within its procedures a 449
requirement that any nonprofit organization desiring to obtain 450
donated property under this division shall submit a written notice 451
to the board or its representative. The written notice shall 452
include evidence that the organization is a nonprofit organization 453
that is located in this state and is exempt from federal income 454
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 455
the organization's primary purpose; a description of the type or 456
types of property the organization needs; and the name, address, 457
and telephone number of a person designated by the organization's 458
governing board to receive donated property and to serve as its 459
agent. 460

       After adoption of the resolution, the board shall publish, in 461
a newspaper of general circulation in the county, notice of its 462
intent to donate unneeded, obsolete, or unfit-for-use county 463
personal property to eligible nonprofit organizations. The notice 464
shall include a summary of the information provided in the 465
resolution and shall be published at least twice. The second and 466
any subsequent notice shall be published not less than ten nor 467
more than twenty days after the previous notice. A similar notice 468
also shall be posted continually in a conspicuous place in the 469
offices of the county auditor and the board of county 470
commissioners, and, if the county maintains a web site on the 471
internet, the notice shall be posted continually at that web site. 472

       The board or its representative shall maintain a list of all 473
nonprofit organizations that notify the board or its 474
representative of their desire to obtain donated property under 475
this division and that the board or its representative determines 476
to be eligible, in accordance with the requirements set forth in 477
this section and in the donation program's guidelines and 478
procedures, to receive donated property. 479

       The board or its representatives also shall maintain a list 480
of all county personal property the board finds to be unneeded, 481
obsolete, or unfit for use and to be available for donation under 482
this division. The list shall be posted continually in a 483
conspicuous location in the offices of the county auditor and the 484
board of county commissioners, and, if the county maintains a web 485
site on the internet, the list shall be posted continually at that 486
web site. An item of property on the list shall be donated to the 487
eligible nonprofit organization that first declares to the board 488
or its representative its desire to obtain the item unless the 489
board previously has established, by resolution, a list of 490
eligible nonprofit organizations that shall be given priority with 491
respect to the item's donation. Priority may be given on the basis 492
that the purposes of a nonprofit organization have a direct 493
relationship to specific public purposes of programs provided or 494
administered by the board. A resolution giving priority to certain 495
nonprofit organizations with respect to the donation of an item of 496
property shall specify the reasons why the organizations are given 497
that priority. 498

       (C) Members of the board of county commissioners shall 499
consult with the Ohio ethics commission, and comply with the 500
provisions of Chapters 102. and 2921. of the Revised Code, with 501
respect to any sale or donation under division (A) or (B) of this 502
section to a nonprofit organization of which a county 503
commissioner, any member of the county commissioner's family, or 504
any business associate of the county commissioner is a trustee, 505
officer, board member, or employee. 506

       (D) Notwithstanding anything to the contrary in division (A), 507
(B), or (E) of this section and regardless of the property's 508
value, the board of county commissioners may sell or donate county 509
personal property, including motor vehicles, to the federal 510
government, the state, or any political subdivision of the state 511
without advertisement or public notification. 512

       (E) Notwithstanding anything to the contrary in division (A), 513
(B), or (G) of this section and regardless of the property's 514
value, the board of county commissioners may sell personal 515
property, including motor vehicles acquired for the use of county 516
officers and departments, and road machinery, equipment, tools, or 517
supplies, which is not needed for public use, is obsolete, or is 518
unfit for the use for which it was acquired, by internet auction. 519
The board shall adopt, during each calendar year, a resolution 520
expressing its intent to sell that property by internet auction. 521
The resolution shall include a description of how the auctions 522
will be conducted and shall specify the number of days for bidding 523
on the property, which shall be no less than fifteen days, 524
including Saturdays, Sundays, and legal holidays. The resolution 525
shall indicate whether the county will conduct the auction or the 526
board will contract with a representative to conduct the auction 527
and shall establish the general terms and conditions of sale. If a 528
representative is known when the resolution is adopted, the 529
resolution shall provide contact information such as the 530
representative's name, address, and telephone number. 531

       After adoption of the resolution, the board shall publish, in 532
a newspaper of general circulation in the county, notice of its 533
intent to sell unneeded, obsolete, or unfit-for-use county 534
personal property by internet auction. The notice shall include a 535
summary of the information provided in the resolution and shall be 536
published at least twice. The second and any subsequent notice 537
shall be published not less than ten nor more than twenty days 538
after the previous notice. A similar notice also shall be posted 539
continually throughout the calendar year in a conspicuous place in 540
the offices of the county auditor and the board of county 541
commissioners, and, if the county maintains a web site on the 542
internet, the notice shall be posted continually throughout the 543
calendar year at that web site. 544

       When property is to be sold by internet auction, the board or 545
its representative may establish a minimum price that will be 546
accepted for specific items and may establish any other terms and 547
conditions for the particular sale, including requirements for 548
pick-up or delivery, method of payment, and sales tax. This type 549
of information shall be provided on the internet at the time of 550
the auction and may be provided before that time upon request 551
after the terms and conditions have been determined by the board 552
or its representative. 553

       (F) When a county officer or department head determines that 554
county-owned personal property under the jurisdiction of the 555
officer or department head, including motor vehicles, road 556
machinery, equipment, tools, or supplies, is not of immediate 557
need, the county officer or department head may notify the board 558
of county commissioners, and the board may lease that personal 559
property to any municipal corporation, township, or other 560
political subdivision of the state. The lease shall require the 561
county to be reimbursed under terms, conditions, and fees 562
established by the board, or under contracts executed by the 563
board. 564

       (G) If the board of county commissioners finds, by 565
resolution, that the county has vehicles, equipment, or machinery 566
which is not needed, or is unfit for public use, and the board 567
desires to sell the vehicles, equipment, or machinery to the 568
person or firm from which it proposes to purchase other vehicles, 569
equipment, or machinery, the board may offer to sell the vehicles, 570
equipment, or machinery to that person or firm, and to have the 571
selling price credited to the person or firm against the purchase 572
price of other vehicles, equipment, or machinery. 573

       (H) If the board of county commissioners advertises for bids 574
for the sale of new vehicles, equipment, or machinery to the 575
county, it may include in the same advertisement a notice of the 576
willingness of the board to accept bids for the purchase of 577
county-owned vehicles, equipment, or machinery which is obsolete 578
or not needed for public use, and to have the amount of those bids 579
subtracted from the selling price of the other vehicles, 580
equipment, or machinery as a means of determining the lowest 581
responsible bidder. 582

       (I) If a board of county commissioners determines that county 583
personal property is not needed for public use, or is obsolete or 584
unfit for the use for which it was acquired, and that the property 585
has no value, the board may discard or salvage that property. 586

       (J) A county engineer, in the engineer's discretion, may 587
dispose of scrap construction materials on such terms as the 588
engineer determines reasonable, including disposal without 589
recovery of costs, if the total value of the materials does not 590
exceed twenty-five thousand dollars. The engineer shall maintain 591
records of all dispositions made under this division, including 592
identification of the origin of the materials, the final 593
disposition, and copies of all receipts resulting from the 594
dispositions. 595

        As used in division (I) of this section, "scrap construction 596
materials" means construction materials that result from a road or 597
bridge improvement, remain after the improvement is completed, and 598
are not reusable. Construction material that is metal and that 599
results from a road or bridge improvement and remains after the 600
improvement is completed is scrap construction material only if it 601
cannot be used in any other road or bridge improvement or other 602
construction project in its current state. 603

       Sec. 315.08. The county engineer shall perform for the 604
county all duties authorized or declared by law to be done by a 605
registered professional engineer or registered surveyor, except 606
those duties described in sections 307.37 and 307.38 and Chapters 607
343., 6103., and 6117. of the Revised Code. HeThe engineer shall 608
prepare all plans, specifications, details, estimates of cost, and 609
submit forms of contracts for the construction, maintenance, and 610
repair of all bridges, culverts, roads, drains, ditches, roads on 611
county fairgrounds, and other public improvements, except 612
buildings, constructed under the authority of any board within and 613
for the county. The engineer shall not be required to prepare 614
plans, specifications, details, estimates of costs, or forms of 615
contracts for emergency repairs authorized under section 315.13 of 616
the Revised Code, unless ~~he deems~~the engineer determines them 617
necessary. 618

       Sec. 315.14. The county engineer shall be responsible for 619
the inspection of all public improvements made under authority of 620
the board of county commissioners. The engineer shall keep in 621
suitable books a complete record of all estimates and summaries of 622
bids received and contracts for the various improvements, together 623
with the record of all estimates made for payments on that work. 624
The engineer shall make all surveys required by law, shall perform 625
all necessary services to be performed by a registered surveyor or 626
registered professional engineer in connection with the 627
construction, repair, or opening of all county roads or ditches 628
constructed under the authority of the board, and shall perform 629
other duties as the board requires, provided that the duties 630
described in sections 307.37 and 307.38 and Chapters 343., 6103., 631
and 6117. of the Revised Code shall be performed only pursuant to 632
an agreement between the county engineer and the board~~; an~~. An 633
agreement of that type may provide for the county engineer's 634
performance of duties described in one or more of those sections 635
or chapters, and may provide for the county engineer's performance 636
of all duties imposed upon a county sanitary engineer under 637
Chapters 6103. and 6117. of the Revised Code or only the duties 638
imposed upon a county sanitary engineer under Chapter 6117. of the 639
Revised Code in relation to drainage. The board shall determine 640
the compensation for performance of the relevant duties described 641
in sections 307.37 and 307.38 and Chapters 343., 6103., and 6117. 642
of the Revised Code and shall pay the county engineer from funds 643
available under the applicable section or chapter ~~or chapters~~ or 644
from the general fund of the county. The performance of the 645
relevant duties described in sections 307.37 and 307.38 and 646
Chapters 343., 6103., and 6117. of the Revised Code shall not 647
constitute engaging in the private practice of engineering or 648
surveying. 649

       Sec. 315.18. On the application of any person producing to 650
the county engineer a certificate from the proper officer, ~~such~~ 651
the engineer or ~~his~~the engineer's deputy ~~shall~~may survey all 652
lands ~~which~~that have been sold for taxes, which lie within ~~his~~ 653
the engineer's county. When a portion of any land or lot has been 654
sold for taxes, and, after ~~such~~the sale and before a survey 655
~~thereof~~of the land or lot, ~~such~~the land or lot is set off to 656
another county by the erection of a new county or change of county 657
lines, the engineer of the county in which the sale was made ~~shall~~ 658
may make the survey, and the county auditor of the same county 659
shall make the deed. 660

       Sec. 4501.04. All moneys paid into the auto registration 661
distribution fund under section 4501.03 of the Revised Code, 662
except moneys received under ~~sections~~section 4504.09 of the 663
Revised Code and moneys received under section 4503.02 of the 664
Revised Code in accordance with section 4501.13 of the Revised 665
Code, and except moneys paid for costs of audits under section 666
4501.03 of the Revised Code, after receipt by the treasurer of 667
state of certifications from the commissioners of the sinking fund 668
certifying, as required by sections 5528.15 and 5528.35 of the 669
Revised Code, that there are sufficient moneys to the credit of 670
the highway improvement bond retirement fund created by section 671
5528.12 of the Revised Code to meet in full all payments of 672
interest, principal, and charges for the retirement of bonds and 673
other obligations issued pursuant to Section 2g of Article VIII, 674
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised 675
Code, due and payable during the current calendar year, and that 676
there are sufficient moneys to the credit of the highway 677
obligations bond retirement fund created by section 5528.32 of the 678
Revised Code to meet in full all payments of interest, principal, 679
and charges for the retirement of highway obligations issued 680
pursuant to Section 2i of Article VIII, Ohio Constitution, and 681
sections 5528.30 and 5528.31 of the Revised Code due and payable 682
during the current calendar year, shall be distributed as follows: 683

       (A) Thirty-four per cent of all such moneys are for the use 684
of the municipal corporation or county which constitutes the 685
district of registration. The portion of such money due to the 686
municipal corporation shall be paid into its treasury forthwith 687
upon receipt by the county auditor, and shall be used to plan, 688
construct, reconstruct, repave, widen, maintain, repair, clear, 689
and clean public highways, roads, and streets; to maintain and 690
repair bridges and viaducts; to purchase, erect, and maintain 691
street and traffic signs and markers; to purchase, erect, and 692
maintain traffic lights and signals; to pay the principal, 693
interest, and charges on bonds and other obligations issued 694
pursuant to Chapter 133. of the Revised Code or incurred pursuant 695
to section 5531.09 of the Revised Code for the purpose of 696
acquiring or constructing roads, highways, bridges, or viaducts, 697
or acquiring or making other highway improvements for which the 698
municipal corporation may issue bonds; and to supplement revenue 699
already available for such purposes. 700

       The county portion of such funds shall be retained in the 701
county treasury and shall be used for the planning, maintenance, 702
repair, construction, and repaving of public streets, and 703
maintaining and repairing bridges and viaducts; the payment of 704
principal, interest, and charges on bonds and other obligations 705
issued pursuant to Chapter 133. of the Revised Code or incurred 706
pursuant to section 5531.09 of the Revised Code for the purpose of 707
acquiring or constructing roads, highways, bridges, or viaducts or 708
acquiring or making other highway improvements for which the board 709
of county commissioners may issue bonds under such chapter; and 710
for no other purpose. 711

       (B) Five per cent of all such moneys, together with interest 712
earned by the treasurer of state as provided in section 4501.03 of 713
the Revised Code, shall constitute a fund for the use of the 714
several counties for the purposes specified in division (C) of 715
this section. The moneys shall be divided equally among all the 716
counties in the state and shall be paid out by the registrar of 717
motor vehicles in equal proportions to the county auditor of each 718
county within the state. 719

       (C) Forty-seven per cent of all such moneys shall be for the 720
use of the county in which the owner resides or in which the place 721
is located at which the established business or branch business in 722
connection with which the motor vehicle registered is used, for 723
the planning, construction, reconstruction, improvement, 724
maintenance, and repair of roads and highways; maintaining and 725
repairing bridges and viaducts; and the payment of principal, 726
interest, and charges on bonds and other obligations issued 727
pursuant to Chapter 133. of the Revised Code or incurred pursuant 728
to section 5531.09 of the Revised Code for the purpose of 729
acquiring or constructing roads, highways, bridges, or viaducts or 730
acquiring or making other highway improvements for which the board 731
of county commissioners may issue bonds under such chapter. 732

       (D) Nine per cent of all such moneys shall be for the use of 733
the several counties for the purposes specified in division (C) of 734
this section and shall be distributed to the several counties in 735
the ratio which the total number of miles of county roads under 736
the jurisdiction of each board of county commissioners in each 737
county bears to the total number of miles of county roads in the 738
state, as determined by the director of transportation. Before 739
such distribution is made each board of county commissioners shall 740
certify in writing to the director the actual number of miles 741
under its statutory jurisdiction which are used by and maintained 742
for the public. 743

       (E) Five per cent of all such moneys shall be for the use of 744
the several townships and shall be distributed to the several 745
townships in the ratio which the total number of miles of township 746
roads under the jurisdiction of each board of township trustees in 747
each township bears to the total number of miles of township roads 748
in the state, as determined by the director of transportation. 749
Before such distribution is made each board of township trustees 750
shall certify in writing to the director the actual number of 751
miles under its statutory jurisdiction which are used by and 752
maintained for the public. 753

       Sec. 4501.06. The taxes, fees, and fines levied, charged, or 754
referred to in division (C)(1) of section 4503.10, division (D) of 755
section 4503.182, division (A) of section 4508.06, and sections 756
4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4923.12, 757
and 5502.12 of the Revised Code, unless otherwise designated by 758
law, shall be deposited in the state treasury to the credit of the 759
state highway safety fund, which is hereby created, and shall, 760
after receipt of certifications from the commissioners of the 761
sinking fund certifying, as required by sections 5528.15 and 762
5528.35 of the Revised Code, that there are sufficient moneys to 763
the credit of the highway improvement bond retirement fund created 764
by section 5528.12 of the Revised Code to meet in full all 765
payments of interest, principal, and charges for the retirement of 766
bonds and other obligations issued pursuant to Section 2g of 767
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11 768
of the Revised Code due and payable during the current calendar 769
year, and that there are sufficient moneys to the credit of the 770
highway obligations bond retirement fund created by section 771
5528.32 of the Revised Code to meet in full all payments of 772
interest, principal, and charges for the retirement of highway 773
obligations issued pursuant to Section 2i of Article VIII, Ohio 774
Constitution, and sections 5528.30 and 5528.31 of the Revised Code 775
due and payable during the current calendar year, be used for the 776
purpose of enforcing and paying the expenses of administering the 777
law relative to the registration and operation of motor vehicles 778
on the public roads or highways. Amounts credited to the fund may 779
also be used to pay the expenses of administering and enforcing 780
the laws under which such fees were collected. All investment 781
earnings of the state highway safety fund shall be credited to the 782
fund. 783

       Sec. 4501.21. (A) There is hereby created in the state 784
treasury the license plate contribution fund. The fund shall 785
consist of all contributions paid by motor vehicle registrants and 786
collected by the registrar of motor vehicles pursuant to sections 787
4503.491, 4503.50, 4503.501, 4503.502, 4503.51, 4503.522, 788
4503.545, 4503.55, 4503.551, 4503.552, 4503.561, 4503.562, 789
4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 790
4503.73, 4503.74, ~~and~~ 4503.75, and 4503.85 of the Revised Code. 791

       (B) The registrar shall ~~disburse~~pay the contributions the 792
registrar collects in the fund as follows: 793

       (1) The registrar shall pay the contributions received 794
pursuant to section 4503.491 of the Revised Code to the breast 795
cancer fund of Ohio, which shall use that money only to pay for 796
programs that provide assistance and education to Ohio breast 797
cancer patients and that improve access for such patients to 798
quality health care and clinical trials and shall not use any of 799
the money for abortion information, counseling, services, or other 800
abortion-related activities. 801

       (2) The registrar shall pay the contributions the registrar 802
receives pursuant to section 4503.50 of the Revised Code to the 803
future farmers of America foundation, which shall deposit the 804
contributions into its general account to be used for educational 805
and scholarship purposes of the future farmers of America 806
foundation. 807

       (3) The registrar shall pay the contributions the registrar 808
receives pursuant to section 4503.501 of the Revised Code to the 809
4-H youth development program of the Ohio state university 810
extension program, which shall use those contributions to pay the 811
expenses it incurs in conducting its educational activities. 812

       (4) The registrar shall pay the contributions received 813
pursuant to section 4503.502 of the Revised Code to the Ohio 814
cattlemen's foundation, which shall use those contributions for 815
scholarships and other educational activities. 816

       (5) The registrar shall pay each contribution the registrar 817
receives pursuant to section 4503.51 of the Revised Code to the 818
university or college whose name or marking or design appears on 819
collegiate license plates that are issued to a person under that 820
section. A university or college that receives contributions from 821
the fund shall deposit the contributions into its general 822
scholarship fund. 823

       (6) The registrar shall pay the contributions the registrar 824
receives pursuant to section 4503.522 of the Revised Code to the 825
"friends of Perry's victory and international peace memorial, 826
incorporated," a nonprofit corporation organized under the laws of 827
this state, to assist that organization in paying the expenses it 828
incurs in sponsoring or holding charitable, educational, and 829
cultural events at the monument. 830

       (7) The registrar shall pay the contributions the registrar 831
receives pursuant to section 4503.55 of the Revised Code to the 832
pro football hall of fame, which shall deposit the contributions 833
into a special bank account that it establishes and which shall be 834
separate and distinct from any other account the pro football hall 835
of fame maintains, to be used exclusively for the purpose of 836
promoting the pro football hall of fame as a travel destination. 837

       (8) The registrar shall pay the contributions that are paid 838
to the registrar pursuant to section 4503.545 of the Revised Code 839
to the national rifle association foundation, which shall use the 840
money to pay the costs of the educational activities and programs 841
the foundation holds or sponsors in this state. 842

       (9) In accordance with section 955.202 of the Revised Code, 843
the registrar shall pay to the pets program funding board created 844
by that section the contributions the registrar receives pursuant 845
to section 4503.551 of the Revised Code and any other money from 846
any other source, including donations, gifts, and grants, that is 847
designated by the source to be paid to the pets program funding 848
board. The board shall use the moneys it receives under this 849
section only to support programs for the sterilization of dogs and 850
cats and for educational programs concerning the proper veterinary 851
care of those animals. 852

       (10) The registrar shall pay the contributions the registrar 853
receives pursuant to section 4503.552 of the Revised Code to the 854
rock and roll hall of fame and museum, incorporated. 855

       (11) The registrar shall pay the contributions the registrar 856
receives pursuant to section 4503.561 of the Revised Code to the 857
state of Ohio chapter of ducks unlimited, inc., which shall 858
deposit the contributions into a special bank account that it 859
establishes. The special bank account shall be separate and 860
distinct from any other account the state of Ohio chapter of ducks 861
unlimited, inc., maintains and shall be used exclusively for the 862
purpose of protecting, enhancing, restoring, and managing wetlands 863
and conserving wildlife habitat. The state of Ohio chapter of 864
ducks unlimited, inc., annually shall notify the registrar in 865
writing of the name, address, and account to which payments are to 866
be made under division (B)(11) of this section. 867

       (12) The registrar shall pay the contributions the registrar 868
receives pursuant to section 4503.562 of the Revised Code to the 869
Mahoning river consortium, which shall use the money to pay the 870
expenses it incurs in restoring and maintaining the Mahoning river 871
watershed. 872

       (13)(a) The registrar shall pay to a sports commission 873
created pursuant to section 4503.591 of the Revised Code each 874
contribution the registrar receives under that section that an 875
applicant pays to obtain license plates that bear the logo of a 876
professional sports team located in the county of that sports 877
commission and that is participating in the license plate program 878
pursuant to division (E) of that section, irrespective of the 879
county of residence of an applicant. 880

       (b) The registrar shall pay to a community charity each 881
contribution the registrar receives under section 4503.591 of the 882
Revised Code that an applicant pays to obtain license plates that 883
bear the logo of a professional sports team that is participating 884
in the license plate program pursuant to division (G) of that 885
section. 886

       (14) The registrar shall pay the contributions the registrar 887
receives pursuant to section 4503.67 of the Revised Code to the 888
Dan Beard council of the boy scouts of America. The council shall 889
distribute all contributions in an equitable manner throughout the 890
state to regional councils of the boy scouts. 891

       (15) The registrar shall pay the contributions the registrar 892
receives pursuant to section 4503.68 of the Revised Code to the 893
great river council of the girl scouts of the United States of 894
America. The council shall distribute all contributions in an 895
equitable manner throughout the state to regional councils of the 896
girl scouts. 897

       (16) The registrar shall pay the contributions the registrar 898
receives pursuant to section 4503.69 of the Revised Code to the 899
Dan Beard council of the boy scouts of America. The council shall 900
distribute all contributions in an equitable manner throughout the 901
state to regional councils of the boy scouts. 902

       (17) The registrar shall pay the contributions the registrar 903
receives pursuant to section 4503.71 of the Revised Code to the 904
fraternal order of police of Ohio, incorporated, which shall 905
deposit the fees into its general account to be used for purposes 906
of the fraternal order of police of Ohio, incorporated. 907

       (18) The registrar shall pay the contributions the registrar 908
receives pursuant to section 4503.711 of the Revised Code to the 909
fraternal order of police of Ohio, incorporated, which shall 910
deposit the contributions into an account that it creates to be 911
used for the purpose of advancing and protecting the law 912
enforcement profession, promoting improved law enforcement 913
methods, and teaching respect for law and order. 914

       (19) The registrar shall pay the contributions the registrar 915
receives pursuant to section 4503.72 of the Revised Code to the 916
organization known on March 31, 2003, as the Ohio CASA/GAL 917
association, a private, nonprofit corporation organized under 918
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association 919
shall use these contributions to pay the expenses it incurs in 920
administering a program to secure the proper representation in the 921
courts of this state of abused, neglected, and dependent children, 922
and for the training and supervision of persons participating in 923
that program. 924

       (20) The registrar shall pay the contributions the registrar 925
receives pursuant to section 4503.73 of the Revised Code to Wright 926
B. Flyer, incorporated, which shall deposit the contributions into 927
its general account to be used for purposes of Wright B. Flyer, 928
incorporated. 929

       (21) The registrar shall pay the contributions the registrar 930
receives pursuant to section 4503.74 of the Revised Code to the 931
Columbus zoological park association, which shall disburse the 932
moneys to Ohio's major metropolitan zoos, as defined in section 933
4503.74 of the Revised Code, in accordance with a written 934
agreement entered into by the major metropolitan zoos. 935

       (22) The registrar shall pay the contributions the registrar 936
receives pursuant to section 4503.75 of the Revised Code to the 937
rotary foundation, located on March 31, 2003, in Evanston, 938
Illinois, to be placed in a fund known as the permanent fund and 939
used to endow educational and humanitarian programs of the rotary 940
foundation. 941

       (23) The registrar shall pay the contributions the registrar 942
receives pursuant to section 4503.85 of the Revised Code to the 943
Ohio sea grant college program to be used for Lake Erie area 944
research projects. 945

       (C) All investment earnings of the license plate contribution 946
fund shall be credited to the fund. Not later than the first day 947
of May of every year, the registrar shall distribute to each 948
entity described in divisions (B)(1) to ~~(22)~~(23) of this section 949
the investment income the fund earned the previous calendar year. 950
The amount of such a distribution paid to an entity shall be 951
proportionate to the amount of money the entity received from the 952
fund during the previous calendar year. 953

       Sec. 4501.26. The unidentified ~~motor vehicle~~public safety 954
receipts fund is hereby created in the state treasury. The fund 955
shall consist of money received by the ~~bureau of motor vehicles~~ 956
department of public safety that is provisional in nature or for 957
which proper identification or disposition cannot immediately be 958
determined. Refunds and other disbursements from the fund shall be 959
made once proper identification and disposition is determined. All 960
investment earnings of the fund shall be credited to the fund. 961

       Sec. 4503.02. An annual license tax is hereby levied upon 962
the operation of motor vehicles on the public roads or highways, 963
for the purpose of enforcing and paying the expense of 964
administering the law relative to the registration and operation 965
of such vehicles; planning, constructing, maintaining, and 966
repairing public roads, highways, and streets; maintaining and 967
repairing bridges and viaducts; paying the counties' proportion of 968
the cost and expenses of cooperating with the department of 969
transportation in the planning, improvement, and construction of 970
state highways; paying the counties' portion of the compensation, 971
damages, cost, and expenses of planning, constructing, 972
reconstructing, improving, maintaining, and repairing roads; 973
paying the principal, interest, and charges on county bonds and 974
other obligations issued pursuant to Chapter 133. of the Revised 975
Code or incurred pursuant to section 5531.09 of the Revised Code 976
for highway improvements; for the purpose of providing motorcycle 977
safety and education instruction; enabling municipal corporations 978
to plan, construct, reconstruct, repave, widen, maintain, repair, 979
clear, and clean public highways, roads, and streets; paying the 980
principal, interest, and other charges on municipal bonds and 981
other obligations issued pursuant to Chapter 133. of the Revised 982
Code or incurred pursuant to section 5531.09 of the Revised Code 983
for highway improvements; to maintain and repair bridges and 984
viaducts; to purchase, erect, and maintain street and traffic 985
signs and markers; to purchase, erect, and maintain traffic lights 986
and signals; to supplement revenue already available for such 987
purposes; to pay the interest, principal, and charges on bonds and 988
other obligations issued pursuant to Section 2i of Article VIII, 989
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised 990
Code. Such tax shall be at the rates specified in sections 4503.04 991
and 4503.042 of the Revised Code. Under section 4503.04 of the 992
Revised Code, the tax shall be paid to and collected by the 993
registrar of motor vehicles or deputy registrar at the time of 994
making application for registration. Under section 4503.042 of the 995
Revised Code, the tax shall be paid to and collected by the 996
registrar at the time and manner set forth by ~~him~~the registrar by 997
rule. 998

       Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles 999
may adopt rules to permit any person or lessee, other than a 1000
person receiving an apportioned license plate under the 1001
international registration plan, who owns or leases one or more 1002
motor vehicles to file a written application for registration for 1003
no more than five succeeding registration years. The rules adopted 1004
by the registrar may designate the classes of motor vehicles that 1005
are eligible for such registration. At the time of application, 1006
all annual taxes and fees shall be paid for each year for which 1007
the person is registering. 1008

       (ii) The registrar shall adopt rules to permit any person or 1009
lessee who owns or leases two or more trailers or semitrailers 1010
that are subject to the tax rates prescribed in section 4503.042 1011
of the Revised Code for such trailers or semitrailers to file a 1012
written application for registration for not more than five 1013
succeeding registration years. At the time of application, all 1014
annual taxes and fees shall be paid for each year for which the 1015
person is registering. 1016

       (b)(i) Except as provided in division (A)(1)(b)(ii) of this 1017
section, the registrar shall adopt rules to permit any person who 1018
owns a motor vehicle to file an application for registration for 1019
the next two succeeding registration years. At the time of 1020
application, the person shall pay the annual taxes and fees for 1021
each registration year, calculated in accordance with division (C) 1022
of section 4503.11 of the Revised Code. A person who is 1023
registering a vehicle under division (A)(1)(b) of this section 1024
shall pay for each year of registration the additional fee 1025
established under division (C)(1) of section 4503.10 of the 1026
Revised Code. The person shall also pay one and one-half times the 1027
amount of the deputy registrar service fee specified in division 1028
(D) of section 4503.10 of the Revised Code or the bureau of motor 1029
vehicles service fee specified in division (G) of that section, as 1030
applicable. 1031

       (ii) Division (A)(1)(b)(i) of this section does not apply to 1032
a person receiving an apportioned license plate under the 1033
international registration plan, or the owner of a commercial car 1034
used solely in intrastate commerce, or the owner of a bus as 1035
defined in section 4513.50 of the Revised Code. 1036

       (2) No person applying for a multi-year registration under 1037
division (A)(1) of this section is entitled to a refund of any 1038
taxes or fees paid. 1039

       (3) The registrar shall not issue to any applicant who has 1040
been issued a final, nonappealable order under division (B) of 1041
this section a multi-year registration or renewal thereof under 1042
this division or rules adopted under it for any motor vehicle that 1043
is required to be inspected under section 3704.14 of the Revised 1044
Code the district of registration of which, as determined under 1045
section 4503.10 of the Revised Code, is or is located in the 1046
county named in the order. 1047

       (B) Upon receipt from the director of environmental 1048
protection of a notice issued under division (J) of section 1049
3704.14 of the Revised Code indicating that an owner of a motor 1050
vehicle that is required to be inspected under that section who 1051
obtained a multi-year registration for the vehicle under division 1052
(A) of this section or rules adopted under that division has not 1053
obtained an inspection certificate for the vehicle in accordance 1054
with that section in a year intervening between the years of 1055
issuance and expiration of the multi-year registration in which 1056
the owner is required to have the vehicle inspected and obtain an 1057
inspection certificate for it under division (F)(1)(a) of that 1058
section, the registrar in accordance with Chapter 119. of the 1059
Revised Code shall issue an order to the owner impounding the 1060
certificate of registration and identification license plates for 1061
the vehicle. The order also shall prohibit the owner from 1062
obtaining or renewing a multi-year registration for any vehicle 1063
that is required to be inspected under that section, the district 1064
of registration of which is or is located in the same county as 1065
the county named in the order during the number of years after 1066
expiration of the current multi-year registration that equals the 1067
number of years for which the current multi-year registration was 1068
issued. 1069

       An order issued under this division shall require the owner 1070
to surrender to the registrar the certificate of registration and 1071
license plates for the vehicle named in the order within five days 1072
after its issuance. If the owner fails to do so within that time, 1073
the registrar shall certify that fact to the county sheriff or 1074
local police officials who shall recover the certificate of 1075
registration and license plates for the vehicle. 1076

       (C) Upon the occurrence of either of the following 1077
circumstances, the registrar in accordance with Chapter 119. of 1078
the Revised Code shall issue to the owner a modified order 1079
rescinding the provisions of the order issued under division (B) 1080
of this section impounding the certificate of registration and 1081
license plates for the vehicle named in that original order: 1082

       (1) Receipt from the director of environmental protection of 1083
a subsequent notice under division (J) of section 3704.14 of the 1084
Revised Code that the owner has obtained the inspection 1085
certificate for the vehicle as required under division (F)(1)(a) 1086
of that section; 1087

       (2) Presentation to the registrar by the owner of the 1088
required inspection certificate for the vehicle. 1089

       (D) The owner of a motor vehicle for which the certificate of 1090
registration and license plates have been impounded pursuant to an 1091
order issued under division (B) of this section, upon issuance of 1092
a modified order under division (C) of this section, may apply to 1093
the registrar for their return. A fee of two dollars and fifty 1094
cents shall be charged for the return of the certificate of 1095
registration and license plates for each vehicle named in the 1096
application. 1097

       Sec. 4503.181. (A) As used in this section, "historical 1098
motor vehicle" means any motor vehicle that is more than 1099
twenty-five years old and that is owned solely as a collector's 1100
item and for participation in club activities, exhibitions, tours, 1101
parades, and similar uses, but in no event is used for general 1102
transportation. 1103

       (B) In lieu of the annual license tax levied in sections 1104
4503.02 and 4503.04 of the Revised Code, a license fee of ten 1105
dollars is levied on the operation of an historical motor vehicle. 1106

       (C) A person who owns an historical motor vehicle and applies 1107
for a license ~~plates~~plate under this section shall execute an 1108
affidavit that the vehicle for which ~~plates are~~the plate is 1109
requested is owned and operated solely for the purposes enumerated 1110
in division (A) of this section, and also setting forth in the 1111
affidavit that the vehicle has been inspected and found safe to 1112
operate on the public roads and highways in the state. A person 1113
who owns an historical motor vehicle and desires to display a 1114
model year license ~~plates~~plate on the vehicle as permitted by 1115
this section shall execute at the time of registration an 1116
affidavit setting forth that the model year license ~~plates~~plate 1117
the person desires to display on the person's historical motor 1118
vehicle ~~are~~is a legible and serviceable license ~~plates~~plate that 1119
originally ~~were~~was issued by this state. No registration issued 1120
pursuant to this section need specify the weight of the vehicle. 1121

       (D) A vehicle registered under this section may display an 1122
historical vehicle license ~~plates~~plate issued by the registrar of 1123
motor vehicles or a model year license ~~plates~~plate procured by 1124
the applicant. ~~Historical~~The historical vehicle license ~~plates~~ 1125
plate shall not bear a date, but shall bear the inscription 1126
"Historical Vehicle--Ohio" and the registration number, which 1127
shall be shown thereon. ~~Model~~The model year license ~~plates~~plate 1128
shall be a legible and serviceable license ~~plates~~plate issued by 1129
this state and inscribed with the date of the year corresponding 1130
to the model year when the vehicle was manufactured. 1131
~~Notwithstanding section 4503.21 of the Revised Code, only one~~Two 1132
model year license ~~plate is required to~~plates, duplicates of each 1133
other, may be displayed on ~~the rear of~~ the historical motor 1134
vehicle at ~~all times~~any time, one plate on the front and one 1135
plate on the rear of the vehicle. The registration certificate and 1136
the historical vehicle license ~~plates~~plate issued by the 1137
registrar shall be kept in the vehicle at all times the vehicle is 1138
operated on the public roads and highways in this state. 1139

       Notwithstanding section 4503.21 of the Revised Code, the 1140
owner of an historical motor vehicle that was manufactured for 1141
military purposes and that is registered under this section may 1142
display the assigned registration number of the vehicle by 1143
painting the number on the front and rear of the vehicle. The 1144
number shall be painted, in accordance with the size and style 1145
specifications established for numerals and letters shown on 1146
license plates in section 4503.22 of the Revised Code, in a color 1147
that contrasts clearly with the color of the vehicle, and shall be 1148
legible and visible at all times. Upon application for 1149
registration under this section and payment of the license fee 1150
prescribed in division (B) of this section, the owner of such an 1151
historical motor vehicle shall be issued an historical vehicle 1152
license ~~plates~~plate. The registration certificate and ~~at least~~ 1153
~~one such~~the license plate shall be kept in the vehicle at all 1154
times the vehicle is operated on the public roads and highways in 1155
this state. If ownership of such a vehicle is transferred, the 1156
transferor shall surrender the historical vehicle license ~~plates~~ 1157
plate or transfer ~~them~~it to another historical motor vehicle the 1158
transferor owns, and remove or obliterate the registration numbers 1159
painted on the vehicle. 1160

       (E) Historical vehicle and model year license plates are 1161
valid without renewal as long as the vehicle for which they were 1162
issued or procured is in existence. ~~Historical~~An historical 1163
vehicle ~~plates are~~plate is issued for the owner's use only for 1164
such vehicle unless later transferred to another historical motor 1165
vehicle owned by that person. In order to effect such a transfer, 1166
the owner of the historical motor vehicle that originally 1167
displayed the historical vehicle ~~plates~~plate shall comply with 1168
division (C) of this section. In the event of a transfer of title, 1169
the transferor shall surrender the historical vehicle license 1170
~~plates~~plate or transfer ~~them~~it to another historical motor 1171
vehicle owned by the transferor, but a model year license ~~plates~~ 1172
plate may be retained by the transferor. The registrar may revoke 1173
license plates issued under this section, for cause shown and 1174
after hearing, for failure of the applicant to comply with this 1175
section. Upon revocation, an historical vehicle license ~~plates~~ 1176
plate shall be surrendered; a model year license ~~plates~~plate may 1177
be retained, but no longer ~~are~~is valid for display on the 1178
vehicle. 1179

       (F) The owner of an historical motor vehicle bearing an 1180
historical vehicle license ~~plates~~plate may replace ~~them~~it with a 1181
model year license ~~plates~~plate by surrendering the historical 1182
vehicle license ~~plates~~plate and motor vehicle certificate of 1183
registration to the registrar. The owner, at the time of 1184
registration, shall execute an affidavit setting forth that the 1185
model year ~~plates are~~plate is a legible and serviceable license 1186
~~plates~~plate that originally ~~were~~was issued by this state. Such 1187
an owner is required to pay the license fee prescribed by division 1188
(B) of this section, but the owner is not required to have the 1189
historical motor vehicle reinspected under division (C) of this 1190
section. 1191

       A person who owns an historical motor vehicle bearing a model 1192
year license ~~plates~~plate may replace ~~them~~it with an historical 1193
vehicle license ~~plates~~plate by surrendering the motor vehicle 1194
certificate of registration and applying for issuance of an 1195
historical vehicle license ~~plates~~plate. Such a person is required 1196
to pay the license fee prescribed by division (B) of this section, 1197
but the person is not required to have the historical motor 1198
vehicle reinspected under division (C) of this section. 1199

       Sec. 4503.19. (A) Upon the filing of an application for 1200
registration and the payment of the tax for registration, the 1201
registrar of motor vehicles or a deputy registrar shall determine 1202
whether the owner previously has been issued a license ~~plates~~ 1203
plate for the motor vehicle described in the application. If no 1204
license ~~plates~~plate previously ~~have~~has been issued to the owner 1205
for that motor vehicle, the registrar or deputy registrar shall 1206
assign to the motor vehicle a distinctive number and issue and 1207
deliver to the owner in the manner that the registrar may select a 1208
certificate of registration, in the form that the registrar shall 1209
prescribe, and~~, except as otherwise provided in this section, two~~ 1210
a license ~~plates, duplicates of each other,~~plate and a validation 1211
sticker, or a validation sticker alone, to be attached to the 1212
~~number plates~~license plate as provided in section 4503.191 of the 1213
Revised Code. The registrar or deputy registrar also shall charge 1214
the owner any fees required under division (C) of section 4503.10 1215
of the Revised Code. ~~Trailers, manufactured homes, mobile homes,~~ 1216
~~semitrailers, the manufacturer thereof, the dealer, or in transit~~ 1217
~~companies therein, shall be issued one license plate only and one~~ 1218
~~validation sticker, or a validation sticker alone, and the~~The 1219
license plate and validation sticker shall be displayed ~~only~~ on 1220
the rear of ~~such vehicles. A~~the vehicle, except that a commercial 1221
tractor ~~that does not receive an apportioned license plate under~~ 1222
~~the international registration plan~~ shall ~~be issued two~~display 1223
the license ~~plates~~plate and ~~one~~ validation sticker~~, and the~~ 1224
~~validation sticker shall be displayed~~ on the front of the 1225
commercial tractor. ~~An apportioned vehicle receiving an~~ 1226
~~apportioned license plate under the international registration~~ 1227
~~plan shall be issued one license plate only and one validation~~ 1228
~~sticker, or a validation sticker alone; the license plate shall be~~ 1229
~~displayed only on the front of a semitractor and on the rear of~~ 1230
~~all other vehicles.~~ School buses shall not be issued a license 1231
~~plates~~plate but shall bear identifying numbers in the manner 1232
prescribed by section 4511.764 of the Revised Code. The 1233
certificate of registration and license ~~plates~~plate and 1234
validation ~~stickers~~sticker, or validation ~~stickers~~sticker alone, 1235
shall be issued and delivered to the owner in person or by mail. 1236
Chauffeured limousines shall be issued a license ~~plates~~plate, a 1237
validation sticker, and a livery sticker as provided in section 1238
4503.24 of the Revised Code. In the event of the loss, mutilation, 1239
or destruction of any certificate of registration, or of any 1240
license ~~plates~~plate or validation ~~stickers~~sticker, or if the 1241
owner chooses to replace the license ~~plates~~plate previously 1242
issued for a motor vehicle, or if the registration certificate and 1243
license ~~plates~~plate have been impounded as provided by division 1244
(B)(1) of section 4507.02 and section 4507.16 of the Revised Code, 1245
the owner of a motor vehicle, or manufacturer or dealer, may 1246
obtain from the registrar, or from a deputy registrar if 1247
authorized by the registrar, a duplicate thereof or a new license 1248
~~plates~~plate bearing a different number, if the registrar 1249
considers it advisable, upon filing an application prescribed by 1250
the registrar, and upon paying a fee of one dollar for such 1251
certificate of registration,or a fee of ~~two dollars for each set~~ 1252
~~of two license plates, or~~ one dollar for each ~~single~~ license plate 1253
or validation sticker. In addition, each applicant for a 1254
replacement certificate of registration, license plate, or 1255
validation sticker shall pay the fees provided in divisions (C) 1256
and (D) of section 4503.10 of the Revised Code. 1257

       Additionally, the registrar and each deputy registrar who 1258
either issues a license ~~plates~~plate and a validation sticker for 1259
use on any vehicle other than a commercial tractor, semitrailer, 1260
or apportioned vehicle, or who issues a validation sticker alone 1261
for use on such a vehicle and the owner has changed the owner's 1262
county of residence since the owner last was issued county 1263
identification stickers, also shall issue and deliver to the owner 1264
~~either one or two~~a county identification ~~stickers, as appropriate~~ 1265
sticker, which shall be attached to the license ~~plates~~plate in a 1266
manner prescribed by the director of public safety. The county 1267
identification ~~stickers~~sticker shall identify prominently by name 1268
or number the county in which the owner of the vehicle resides at 1269
the time of registration. 1270

       (B) Whoever violates this section is guilty of a minor 1271
misdemeanor. 1272

       Sec. 4503.192. The display of a single current license plate 1273
and validation sticker on the rear of a motor vehicle sufficiently 1274
indicates that a vehicle is registered within this state. Any 1275
reference in the Revised Code to license plates, a set of license 1276
plates, registration plates, or validation stickers is deemed to 1277
be a reference to the single license plate and validation sticker 1278
required by section 4503.19 of the Revised Code. 1279

       Sec. 4503.21. (A) No person who is the owner or operator of 1280
a motor vehicle shall fail to display in plain view on the ~~front~~ 1281
~~and~~ rear of the motor vehicle the distinctive number and 1282
registration mark, including any county identification sticker and 1283
any validation sticker issued under sections 4503.19 and 4503.191 1284
of the Revised Code, furnished by the director of public safety, 1285
~~except that a manufacturer of motor vehicles or dealer therein,~~ 1286
~~the holder of an in transit permit, and the owner or operator of a~~ 1287
~~motorcycle, motorized bicycle, manufactured home, mobile home,~~ 1288
~~trailer, or semitrailer shall display on the rear only. A motor~~ 1289
~~vehicle that is issued two license plates shall display the~~ 1290
~~validation sticker only on the rear license plate,~~ except that a 1291
commercial tractor ~~that does not receive an apportioned license~~ 1292
~~plate under the international registration plan~~ shall display the 1293
license plate and validation sticker on the front of the 1294
commercial tractor. ~~An apportioned vehicle receiving an~~ 1295
~~apportioned license plate under the international registration~~ 1296
~~plan shall display the license plate only on the front of a~~ 1297
~~commercial tractor and on the rear of all other vehicles. All~~The 1298
license ~~plates~~plate shall be securely fastened so as not to 1299
swing, and shall not be covered by any material that obstructs 1300
~~their~~its visibility. 1301

       No person to whom a temporary license placard or windshield 1302
sticker has been issued for the use of a motor vehicle under 1303
section 4503.182 of the Revised Code, and no operator of that 1304
motor vehicle, shall fail to display the temporary license placard 1305
in plain view from the rear of the vehicle either in the rear 1306
window or on an external rear surface of the motor vehicle, or 1307
fail to display the windshield sticker in plain view on the rear 1308
window of the motor vehicle. No temporary license placard or 1309
windshield sticker shall be covered by any material that obstructs 1310
its visibility. 1311

       (B) Whoever violates this section is guilty of a minor 1312
misdemeanor. 1313

       Sec. 4503.23. No motor vehicle designed to carry passengers, 1314
owned or leased by the state, or any of its departments, bureaus, 1315
commissions, or institutions supported in whole or in part by 1316
funds provided by the state, shall be operated or driven by any 1317
person unless it has displayed, in a prominent position on ~~both~~ 1318
the ~~front and~~ rear of the vehicle, ~~identification plates~~a license 1319
plate, which shall be the same size, shape, and treated for 1320
increased visibility in the same manner as those issued by the 1321
registrar of motor vehicles for private vehicles. ~~Such~~ 1322
~~identification plates~~The license plate shall be attached to the 1323
vehicle in the same manner as provided by statute for the 1324
illumination and attachment of a license ~~plates~~plate on private 1325
vehicles. The registrar shall designate the colors of the license 1326
~~tags which~~plate that shall be used on state-owned cars; ~~such~~the 1327
colors shall be other than those used on privately owned motor 1328
vehicles, and shall apply only to license plates used on state 1329
owned motor vehicles. ~~Said plates~~The plate shall bear a special 1330
serial number, and the words "Ohio State Car." 1331

       Sec. 4503.26. As used in this section, "registration 1332
information" means information in license plate applications on 1333
file with the bureau of motor vehicles. 1334

       The director of public safety may advertise for and accept 1335
sealed bids for the preparation of lists containing registration 1336
information in such form as the director authorizes. Where the 1337
expenditure is more than five hundred dollars, the director shall 1338
give notice to bidders as provided in section 5513.01 of the 1339
Revised Code as for purchases by the department of transportation. 1340
The notice shall include the latest date, as determined by the 1341
director, on which bids will be accepted and the date, also 1342
determined by the director, on which bids will be opened by the 1343
director at the central office of the department of public safety. 1344
The contract to prepare the list shall be awarded to the lowest 1345
responsive and responsible bidder, in accordance with section 1346
9.312 of the Revised Code, provided there is compliance with the 1347
specifications. Such contract shall not extend beyond twenty-four 1348
consecutive registration periods as provided in section 4503.101 1349
of the Revised Code. The successful bidder shall furnish without 1350
charge a complete list to the bureau of motor vehicles, and shall 1351
also furnish without charge to the county sheriffs or chiefs of 1352
police in cities, at such times and in such manner as the director 1353
determines necessary, lists of registration information for the 1354
county in which they are situated. The registrar shall provide to 1355
the successful bidder all necessary information for the 1356
preparation of such lists. 1357

       The registrar may, upon application of any person and payment 1358
of the proper fee, search the records of the bureau and make 1359
reports thereof, and make photographic copies of the bureau 1360
records and attestations thereof. 1361

       Fees therefor are as follows: 1362

       (A) For searches of the records and written reports thereof, 1363
~~one dollar and fifty cents~~two dollars for each name, number, or 1364
fact searched or reported on.; 1365

       (B) For photographic copies of records and attestations 1366
thereof, under the signature and seal of the registrar, two 1367
dollars a copy. Such copy is prima-facie evidence of the facts 1368
therein stated, in any court. 1369

       The registrar shall receive these fees and deposit them into 1370
the state treasury to the credit of the state bureau of motor 1371
vehicles ~~safety~~ fund established in section 4501.25 of the Revised 1372
Code. 1373

       Sec. 4503.40. The registrar of motor vehicles shall be 1374
allowed a fee, not to exceed ten dollars, for each application 1375
received by the registrar for special state reserved license plate 1376
numbers and the issuing of such licenses, and validation stickers, 1377
in the several series as the registrar may designate. The fee 1378
shall be in addition to the license tax established by this 1379
chapter and, where applicable, Chapter 4504. of the Revised Code. 1380
Seven dollars and fifty cents of the fee shall be for the purpose 1381
of compensating the bureau of motor vehicles for additional 1382
services required in the issuing of such licenses, and the 1383
remaining two dollars and fifty cents shall be ~~transmitted~~ 1384
deposited by the registrar ~~to the treasurer of state for deposit~~ 1385
~~in the highway operating~~into the state treasury to the credit of 1386
the state highway safety fund created by section ~~5735.291~~4501.06 1387
of the Revised Code. The types of motor vehicles for which special 1388
state reserved license plates may be issued in accordance with 1389
this section shall include at least motorcycles, buses, passenger 1390
cars, and noncommercial motor vehicles. 1391

       Sec. 4503.42. The registrar of motor vehicles shall be 1392
allowed a fee of not to exceed thirty-five dollars, which shall be 1393
in addition to the regular license fee for tags as prescribed 1394
under section 4503.04 of the Revised Code and any tax levied under 1395
section 4504.02 or 4504.06 of the Revised Code, for each 1396
application received by the registrar for special reserved license 1397
plate numbers containing more than three letters or numerals, and 1398
the issuing of such licenses and validation stickers in the 1399
several series as the registrar may designate. Five dollars of the 1400
fee shall be for the purpose of compensating the bureau of motor 1401
vehicles for additional services required in the issuing of such 1402
licenses and validation stickers, and the remaining thirty dollars 1403
shall be ~~transmitted~~deposited by the registrar ~~to the treasurer~~ 1404
~~of state for deposit in the highway operating~~into the state 1405
treasury to the credit of the state highway safety fund created by 1406
section ~~5735.291~~4501.06 of the Revised Code. 1407

       This section does not apply to the issuance of reserved 1408
license plates as authorized by sections 4503.14, 4503.15, and 1409
4503.40 of the Revised Code. The types of motor vehicles for which 1410
license plate numbers containing more than three letters or 1411
numerals may be issued in accordance with this section shall 1412
include at least buses, passenger cars, and noncommercial motor 1413
vehicles. 1414

       Sec. 4503.85. (A) The owner or lessee of any passenger car, 1415
noncommercial motor vehicle, motor home, or other vehicle of a 1416
class approved by the registrar of motor vehicles may apply to the 1417
registrar for the registration of the vehicle and issuance of 1418
"Fish Lake Erie" license plates. The application for "Fish Lake 1419
Erie" license plates may be combined with a request for a special 1420
reserved license plate under section 4503.40 or 4503.42 of the 1421
Revised Code. Upon receipt of the completed application and 1422
compliance with division (B) of this section, the registrar shall 1423
issue to the applicant the appropriate vehicle registration, a set 1424
of "Fish Lake Erie" license plates, and a validation sticker, or a 1425
validation sticker alone when required by section 4503.191 of the 1426
Revised Code. 1427

       In addition to the letters and numbers ordinarily inscribed 1428
on the license plates, "Fish Lake Erie" license plates shall be 1429
inscribed with identifying words or markings designed by the Ohio 1430
sea grant college program and approved by the registrar. "Fish 1431
Lake Erie" license plates shall bear county identification 1432
stickers that identify the county of registration by name or 1433
number. 1434

       (B) "Fish Lake Erie" license plates and a validation sticker 1435
or, when applicable, a validation sticker alone shall be issued 1436
upon receipt of an application for registration of a motor vehicle 1437
submitted under this section and a contribution as provided in 1438
division (C) of this section, payment of the regular license tax 1439
as prescribed under section 4503.04 of the Revised Code, any 1440
applicable motor vehicle tax levied under Chapter 4504. of the 1441
Revised Code, and an additional fee of ten dollars, and compliance 1442
with all other applicable laws relating to the registration of 1443
motor vehicles. If the application for "Fish Lake Erie" license 1444
plates is combined with a request for a special reserved license 1445
plate under section 4503.40 or 4503.42 of the Revised Code, the 1446
license plates and validation sticker or validation sticker alone 1447
shall be issued upon payment of the fees and taxes referred to or 1448
established in this division plus the additional fee prescribed in 1449
section 4503.40 or 4503.42 of the Revised Code. 1450

       (C) For each application for registration and registration 1451
renewal that the registrar receives under this section, the 1452
registrar shall collect a contribution of fifteen dollars. The 1453
registrar shall deposit this contribution into the state treasury 1454
to the credit of the license plate contribution fund created in 1455
section 4501.21 of the Revised Code. 1456

       The additional fee of ten dollars described in division (B) 1457
of this section shall be for the purpose of compensating the 1458
bureau of motor vehicles for additional services required in 1459
issuing license plates under this section. The registrar shall 1460
deposit that fee into the state treasury to the credit of the 1461
state bureau of motor vehicles fund created by section 4501.25 of 1462
the Revised Code. 1463

       Sec. 4505.021. The owner of a motor vehicle shall apply for 1464
a certificate of title for the vehicle when required by this 1465
chapter, but, except as otherwise specifically required in this 1466
chapter, the owner may elect whether or not to have the clerk of 1467
the court of common pleas to whom the certificate of title 1468
application is submitted issue a physical certificate of title for 1469
the motor vehicle, as provided in section 4505.08 of the Revised 1470
Code. In the case of a title application that is submitted 1471
electronically to the clerk, the clerk shall issue an electronic 1472
certificate of title unless the applicant requests the issuance of 1473
a physical certificate of title. 1474

       Except as otherwise specifically provided in this chapter, 1475
any provision of this chapter relating to the cancellation, 1476
issuance, or surrender of a certificate of title, including, but 1477
not limited to, provisions that contain a phrase such as "when a 1478
certificate of title is issued," "the clerk shall issue a 1479
certificate of title," or "the person shall obtain a certificate 1480
of title to the motor vehicle," or another phrase of similar 1481
import, shall include those circumstances when a clerk enters 1482
certificate of title information into the automated title 1483
processing system, but does not take any further action relating 1484
to a physical certificate of title for the motor vehicle. 1485

       Sec. 4505.031. (A) No minor under eighteen years of age 1486
shall sell or otherwise dispose of a motor vehicle or purchase or 1487
otherwise acquire a motor vehicle unless the application for a 1488
certificate of title is accompanied by a form prescribed by the 1489
registrar of motor vehicles and signed in the presence of a clerk 1490
or deputy clerk of a court of common pleas or any notary public by 1491
one of the minor's parents, ~~his~~the minor's guardian, or other 1492
person having custody of the minor authorizing the sale, 1493
disposition, purchase, or acquisition of the motor vehicle. At 1494

       ~~(B) At~~ the time ~~the application for certificate of title is~~ 1495
~~submitted,~~ the adult ~~who signed~~signs the form ~~authorizing the~~ 1496
~~sale, disposition, purchase, or acquisition of the motor vehicle~~ 1497
~~by the minor shall be present and~~, the adult shall provide 1498
identification establishing that hethe adult is the individual 1499
whose signature appears on the form. ~~The registrar shall~~ 1500
~~prescribe, by rule, the types of identification that are~~ 1501
~~acceptable for the purposes of this section. If the adult who~~ 1502
~~signed the form does not provide identification as required by~~ 1503
~~this section, the application shall be refused.~~ 1504

       ~~(C)~~(B) No right, title, claim to or interest in a motor 1505
vehicle shall be acquired by or from a minor unless the 1506
application for a certificate of title is accompanied by the form 1507
required by this section. 1508

       ~~(D)~~(C) No clerk of a court of common pleas shall be held 1509
liable in any civil action that arises under the law of this state 1510
for injury or loss to persons or property caused when a person has 1511
obtained a certificate of title in violation of this section, 1512
unless the clerk failed to use reasonable diligence in 1513
ascertaining the age of the minor or the identity of the adult who 1514
signed the form authorizing the sale, disposition, purchase, or 1515
acquisition of the motor vehicle by the minor. 1516

       Sec. 4505.032. (A)(1) If a person who is not an electronic 1517
motor vehicle dealer owns a motor vehicle for which a physical 1518
certificate of title has not been issued by a clerk of a court of 1519
common pleas and the person sells the motor vehicle to a motor 1520
vehicle dealer licensed under Chapter 4517. of the Revised Code, 1521
the person is not required to obtain a physical certificate of 1522
title to the motor vehicle in order to transfer ownership to the 1523
dealer. The person shall present the dealer, in a manner approved 1524
by the registrar of motor vehicles, with sufficient proof of the 1525
person's identity and complete and sign a form prescribed by the 1526
registrar attesting to the person's identity and assigning the 1527
motor vehicle to the dealer. Except as otherwise provided in this 1528
section, the motor vehicle dealer shall present the assignment 1529
form to any clerk of a court of common pleas together with an 1530
application for a certificate of title and payment of the fees 1531
prescribed by section 4505.09 of the Revised Code. 1532

       In a case in which ~~a person who is the owner of a motor~~ 1533
~~vehicle for which a physical~~an electronic certificate of title 1534
has ~~not~~ been issued ~~assigns~~and either the buyer or seller of the 1535
motor vehicle tois an electronic motor vehicle dealer, the 1536
electronic motor vehicle dealer instead may inform a clerk of a 1537
court of common pleas via electronic means of the sale of the 1538
motor vehicle and assignment of ownership of the vehicle ~~to the~~ 1539
~~dealer~~. The clerk shall enter the information relating to the 1540
assignment, including, but not limited to, the odometer disclosure 1541
statement required by section 4505.06 of the Revised Code, into 1542
the automated title processing system, and ownership of the 1543
vehicle passes to the ~~dealer~~applicant when the clerk enters this 1544
information into the system. The dealer is not required to obtain 1545
a physical certificate of title to the vehicle in the dealer's 1546
name. 1547

       (2) A clerk shall charge and collect from a dealer a fee of 1548
five dollars for each motor vehicle ~~assigned to~~assignment sent by 1549
the dealer to the clerk under division (A)(1) of this section. The 1550
fee shall be distributed in accordance with section 4505.09 of the 1551
Revised Code. 1552

       (B) If a person who is not an electronic motor vehicle dealer 1553
owns a motor vehicle for which a physical certificate of title has 1554
not been issued by a clerk of a court of common pleas and the 1555
person sells the motor vehicle to a person who is not a motor 1556
vehicle dealer licensed under Chapter 4517. of the Revised Code, 1557
the person shall obtain a physical certificate of title to the 1558
motor vehicle in order to transfer ownership of the vehicle to 1559
that person. 1560

       Sec. 4505.06. (A)(1) Application for a certificate of title 1561
shall be made in a form prescribed by the registrar of motor 1562
vehicles and shall be sworn to before a notary public or other 1563
officer empowered to administer oaths. The application shall be 1564
filed with the clerk of any court of common pleas. An application 1565
for a certificate of title may be filed electronically by any 1566
electronic means approved by the registrar in any county with the 1567
clerk of the court of common pleas of that county. Any payments 1568
required by this chapter shall be considered as accompanying any 1569
electronically transmitted application when payment actually is 1570
received by the clerk. Payment of any fee or taxes may be made by 1571
electronic transfer of funds. 1572

       (2) The application for a certificate of title shall be 1573
accompanied by the fee prescribed in section 4505.09 of the 1574
Revised Code. The fee shall be retained by the clerk who issues 1575
the certificate of title and shall be distributed in accordance 1576
with that section. If a clerk of a court of common pleas, other 1577
than the clerk of the court of common pleas of an applicant's 1578
county of residence, issues a certificate of title to the 1579
applicant, the clerk shall transmit data related to the 1580
transaction to the automated title processing system. 1581

       (3) If a certificate of title previously has been issued for 1582
a motor vehicle in this state, the application for a certificate 1583
of title also shall be accompanied by that certificate of title 1584
duly assigned, unless otherwise provided in this chapter. If a 1585
certificate of title previously has not been issued for the motor 1586
vehicle in this state, the application, unless otherwise provided 1587
in this chapter, shall be accompanied by a manufacturer's or 1588
importer's certificate or by a certificate of title of another 1589
state from which the motor vehicle was brought into this state. If 1590
the application refers to a motor vehicle last previously 1591
registered in another state, the application also shall be 1592
accompanied by the physical inspection certificate required by 1593
section 4505.061 of the Revised Code. If the application is made 1594
by two persons regarding a motor vehicle in which they wish to 1595
establish joint ownership with right of survivorship, they may do 1596
so as provided in section 2131.12 of the Revised Code. If the 1597
applicant requests a designation of the motor vehicle in 1598
beneficiary form so that upon the death of the owner of the motor 1599
vehicle, ownership of the motor vehicle will pass to a designated 1600
transfer-on-death beneficiary or beneficiaries, the applicant may 1601
do so as provided in section 2131.13 of the Revised Code. A person 1602
who establishes ownership of a motor vehicle that is transferable 1603
on death in accordance with section 2131.13 of the Revised Code 1604
may terminate that type of ownership or change the designation of 1605
the transfer-on-death beneficiary or beneficiaries by applying for 1606
a certificate of title pursuant to this section. The clerk shall 1607
retain the evidence of title presented by the applicant and on 1608
which the certificate of title is issued, except that, if an 1609
application for a certificate of title is filed electronically by 1610
an electronic motor vehicle dealer on behalf of the purchaser of a 1611
motor vehicle, the clerk shall retain the completed electronic 1612
record to which the dealer converted the certificate of title 1613
application and other required documents. The registrar, after 1614
consultation with the attorney general, shall adopt rules that 1615
govern the location at which, and the manner in which, are stored 1616
the actual application and all other documents relating to the 1617
sale of a motor vehicle when an electronic motor vehicle dealer 1618
files the application for a certificate of title electronically on 1619
behalf of the purchaser. 1620

       The clerk shall use reasonable diligence in ascertaining 1621
whether or not the facts in the application for a certificate of 1622
title are true by checking the application and documents 1623
accompanying it or the electronic record to which a dealer 1624
converted the application and accompanying documents with the 1625
records of motor vehicles in the clerk's office. If the clerk is 1626
satisfied that the applicant is the owner of the motor vehicle and 1627
that the application is in the proper form, the clerk, within five 1628
business days after the application is filed and except as 1629
provided in section 4505.021 of the Revised Code, shall issue a 1630
physical certificate of title over the clerk's signature and 1631
sealed with the clerk's seal, unless the applicant specifically 1632
requests the clerk not to issue a physical certificate of title 1633
and instead to issue an electronic certificate of title. For 1634
purposes of the transfer of a certificate of title, if the clerk 1635
is satisfied that the secured party has duly discharged a lien 1636
notation but has not canceled the lien notation with a clerk, the 1637
clerk may cancel the lien notation on the automated title 1638
processing system and notify the clerk of the county of origin. 1639

       (4) In the case of the sale of a motor vehicle to a general 1640
buyer or user by a dealer, by a motor vehicle leasing dealer 1641
selling the motor vehicle to the lessee or, in a case in which the 1642
leasing dealer subleased the motor vehicle, the sublessee, at the 1643
end of the lease agreement or sublease agreement, or by a 1644
manufactured home broker, the certificate of title shall be 1645
obtained in the name of the buyer by the dealer, leasing dealer, 1646
or manufactured home broker, as the case may be, upon application 1647
signed by the buyer. The certificate of title shall be issued, or 1648
the process of entering the certificate of title application 1649
information into the automated title processing system if a 1650
physical certificate of title is not to be issued shall be 1651
completed, within five business days after the application for 1652
title is filed with the clerk. If the buyer of the motor vehicle 1653
previously leased the motor vehicle and is buying the motor 1654
vehicle at the end of the lease pursuant to that lease, the 1655
certificate of title shall be obtained in the name of the buyer by 1656
the motor vehicle leasing dealer who previously leased the motor 1657
vehicle to the buyer or by the motor vehicle leasing dealer who 1658
subleased the motor vehicle to the buyer under a sublease 1659
agreement. 1660

       In all other cases, except as provided in section 4505.032 1661
and division (D)(2) of section 4505.11 of the Revised Code, such 1662
certificates shall be obtained by the buyer. 1663

       (5)(a)(i) If the certificate of title is being obtained in 1664
the name of the buyer by a motor vehicle dealer or motor vehicle 1665
leasing dealer and there is a security interest to be noted on the 1666
certificate of title, the dealer or leasing dealer shall submit 1667
the application for the certificate of title and payment of the 1668
applicable tax to a clerk within seven business days after the 1669
later of the delivery of the motor vehicle to the buyer or the 1670
date the dealer or leasing dealer obtains the manufacturer's or 1671
importer's certificate, or certificate of title issued in the name 1672
of the dealer or leasing dealer, for the motor vehicle. Submission 1673
of the application for the certificate of title and payment of the 1674
applicable tax within the required seven business days may be 1675
indicated by postmark or receipt by a clerk within that period. 1676

       (ii) Upon receipt of the certificate of title with the 1677
security interest noted on its face, the dealer or leasing dealer 1678
shall forward the certificate of title to the secured party at the 1679
location noted in the financing documents or otherwise specified 1680
by the secured party. 1681

       (iii) A motor vehicle dealer or motor vehicle leasing dealer 1682
is liable to a secured party for a late fee of ten dollars per day 1683
for each certificate of title application and payment of the 1684
applicable tax that is submitted to a clerk more than seven 1685
business days but less than twenty-one days after the later of the 1686
delivery of the motor vehicle to the buyer or the date the dealer 1687
or leasing dealer obtains the manufacturer's or importer's 1688
certificate, or certificate of title issued in the name of the 1689
dealer or leasing dealer, for the motor vehicle and, from then on, 1690
twenty-five dollars per day until the application and applicable 1691
tax are submitted to a clerk. 1692

       (b) In all cases of transfer of a motor vehicle, the 1693
application for certificate of title shall be filed within thirty 1694
days after the assignment or delivery of the motor vehicle. If an 1695
application for a certificate of title is not filed within the 1696
period specified in division (A)(5)(b) of this section, the clerk 1697
shall collect a fee of five dollars for the issuance of the 1698
certificate, except that no such fee shall be required from a 1699
motor vehicle salvage dealer, as defined in division (A) of 1700
section 4738.01 of the Revised Code, who immediately surrenders 1701
the certificate of title for cancellation. The fee shall be in 1702
addition to all other fees established by this chapter, and shall 1703
be retained by the clerk. The registrar shall provide, on the 1704
certificate of title form prescribed by section 4505.07 of the 1705
Revised Code, language necessary to give evidence of the date on 1706
which the assignment or delivery of the motor vehicle was made. 1707

       (6) As used in division (A) of this section, "lease 1708
agreement," "lessee," and "sublease agreement" have the same 1709
meanings as in section 4505.04 of the Revised Code. 1710

       (B) The clerk, except as provided in this section, shall 1711
refuse to accept for filing any application for a certificate of 1712
title and shall refuse to issue a certificate of title unless the 1713
dealer or manufactured home broker or the applicant, in cases in 1714
which the certificate shall be obtained by the buyer, submits with 1715
the application payment of the tax levied by or pursuant to 1716
Chapters 5739. and 5741. of the Revised Code based on the 1717
purchaser's county of residence. Upon payment of the tax in 1718
accordance with division (E) of this section, the clerk shall 1719
issue a receipt prescribed by the registrar and agreed upon by the 1720
tax commissioner showing payment of the tax or a receipt issued by 1721
the commissioner showing the payment of the tax. When submitting 1722
payment of the tax to the clerk, a dealer shall retain any 1723
discount to which the dealer is entitled under section 5739.12 of 1724
the Revised Code. 1725

       For receiving and disbursing such taxes paid to the clerk by 1726
a resident of the clerk's county, the clerk may retain a poundage 1727
fee of one and one one-hundredth per cent, and the clerk shall pay 1728
the poundage fee into the certificate of title administration fund 1729
created by section 325.33 of the Revised Code. The clerk shall not 1730
retain a poundage fee from payments of taxes by persons who do not 1731
reside in the clerk's county. 1732

       A clerk, however, may retain from the taxes paid to the clerk 1733
an amount equal to the poundage fees associated with certificates 1734
of title issued by other clerks of courts of common pleas to 1735
applicants who reside in the first clerk's county. The registrar, 1736
in consultation with the tax commissioner and the clerks of the 1737
courts of common pleas, shall develop a report from the automated 1738
title processing system that informs each clerk of the amount of 1739
the poundage fees that the clerk is permitted to retain from those 1740
taxes because of certificates of title issued by the clerks of 1741
other counties to applicants who reside in the first clerk's 1742
county. 1743

       In the case of casual sales of motor vehicles, as defined in 1744
section 4517.01 of the Revised Code, the price for the purpose of 1745
determining the tax shall be the purchase price on the assigned 1746
certificate of title executed by the seller and filed with the 1747
clerk by the buyer on a form to be prescribed by the registrar, 1748
which shall be prima-facie evidence of the amount for the 1749
determination of the tax. 1750

       (C)(1) If the transferor indicates on the certificate of 1751
title that the odometer reflects mileage in excess of the designed 1752
mechanical limit of the odometer, the clerk shall enter the phrase 1753
"exceeds mechanical limits" following the mileage designation. If 1754
the transferor indicates on the certificate of title that the 1755
odometer reading is not the actual mileage, the clerk shall enter 1756
the phrase "nonactual: warning - odometer discrepancy" following 1757
the mileage designation. The clerk shall use reasonable care in 1758
transferring the information supplied by the transferor, but is 1759
not liable for any errors or omissions of the clerk or those of 1760
the clerk's deputies in the performance of the clerk's duties 1761
created by this chapter. 1762

       The registrar shall prescribe an affidavit in which the 1763
transferor shall swear to the true selling price and, except as 1764
provided in this division, the true odometer reading of the motor 1765
vehicle. The registrar may prescribe an affidavit in which the 1766
seller and buyer provide information pertaining to the odometer 1767
reading of the motor vehicle in addition to that required by this 1768
section, as such information may be required by the United States 1769
secretary of transportation by rule prescribed under authority of 1770
subchapter IV of the "Motor Vehicle Information and Cost Savings 1771
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. 1772

       (2) Division (C)(1) of this section does not require the 1773
giving of information concerning the odometer and odometer reading 1774
of a motor vehicle when ownership of a motor vehicle is being 1775
transferred as a result of a bequest, under the laws of intestate 1776
succession, to a survivor pursuant to section 2106.18, 2131.12, or 1777
4505.10 of the Revised Code, to a transfer-on-death beneficiary or 1778
beneficiaries pursuant to section 2131.13 of the Revised Code, in 1779
connection with the creation of a security interest or for a 1780
vehicle with a gross vehicle weight rating of more than sixteen 1781
thousand pounds. 1782

       (D) When the transfer to the applicant was made in some other 1783
state or in interstate commerce, the clerk, except as provided in 1784
this section, shall refuse to issue any certificate of title 1785
unless the tax imposed by or pursuant to Chapter 5741. of the 1786
Revised Code based on the purchaser's county of residence has been 1787
paid as evidenced by a receipt issued by the tax commissioner, or 1788
unless the applicant submits with the application payment of the 1789
tax. Upon payment of the tax in accordance with division (E) of 1790
this section, the clerk shall issue a receipt prescribed by the 1791
registrar and agreed upon by the tax commissioner, showing payment 1792
of the tax. 1793

       For receiving and disbursing such taxes paid to the clerk by 1794
a resident of the clerk's county, the clerk may retain a poundage 1795
fee of one and one one-hundredth per cent. The clerk shall not 1796
retain a poundage fee from payments of taxes by persons who do not 1797
reside in the clerk's county. 1798

       A clerk, however, may retain from the taxes paid to the clerk 1799
an amount equal to the poundage fees associated with certificates 1800
of title issued by other clerks of courts of common pleas to 1801
applicants who reside in the first clerk's county. The registrar, 1802
in consultation with the tax commissioner and the clerks of the 1803
courts of common pleas, shall develop a report from the automated 1804
title processing system that informs each clerk of the amount of 1805
the poundage fees that the clerk is permitted to retain from those 1806
taxes because of certificates of title issued by the clerks of 1807
other counties to applicants who reside in the first clerk's 1808
county. 1809

       When the vendor is not regularly engaged in the business of 1810
selling motor vehicles, the vendor shall not be required to 1811
purchase a vendor's license or make reports concerning those 1812
sales. 1813

       (E) The clerk shall accept any payment of a tax in cash, or 1814
by cashier's check, certified check, draft, money order, or teller 1815
check issued by any insured financial institution payable to the 1816
clerk and submitted with an application for a certificate of title 1817
under division (B) or (D) of this section. The clerk also may 1818
accept payment of the tax by corporate, business, or personal 1819
check, credit card, electronic transfer or wire transfer, debit 1820
card, or any other accepted form of payment made payable to the 1821
clerk. The clerk may require bonds, guarantees, or letters of 1822
credit to ensure the collection of corporate, business, or 1823
personal checks. Any service fee charged by a third party to a 1824
clerk for the use of any form of payment may be paid by the clerk 1825
from the certificate of title administration fund created in 1826
section 325.33 of the Revised Code, or may be assessed by the 1827
clerk upon the applicant as an additional fee. Upon collection, 1828
the additional fees shall be paid by the clerk into that 1829
certificate of title administration fund. 1830

       The clerk shall make a good faith effort to collect any 1831
payment of taxes due but not made because the payment was returned 1832
or dishonored, but the clerk is not personally liable for the 1833
payment of uncollected taxes or uncollected fees. The clerk shall 1834
notify the tax commissioner of any such payment of taxes that is 1835
due but not made and shall furnish the information to the 1836
commissioner that the commissioner requires. The clerk shall 1837
deduct the amount of taxes due but not paid from the clerk's 1838
periodic remittance of tax payments, in accordance with procedures 1839
agreed upon by the tax commissioner. The commissioner may collect 1840
taxes due by assessment in the manner provided in section 5739.13 1841
of the Revised Code. 1842

       Any person who presents payment that is returned or 1843
dishonored for any reason is liable to the clerk for payment of a 1844
penalty over and above the amount of the taxes due. The clerk 1845
shall determine the amount of the penalty, and the penalty shall 1846
be no greater than that amount necessary to compensate the clerk 1847
for banking charges, legal fees, or other expenses incurred by the 1848
clerk in collecting the returned or dishonored payment. The 1849
remedies and procedures provided in this section are in addition 1850
to any other available civil or criminal remedies. Subsequently 1851
collected penalties, poundage fees, and title fees, less any title 1852
fee due the state, from returned or dishonored payments collected 1853
by the clerk shall be paid into the certificate of title 1854
administration fund. Subsequently collected taxes, less poundage 1855
fees, shall be sent by the clerk to the treasurer of state at the 1856
next scheduled periodic remittance of tax payments, with 1857
information as the commissioner may require. The clerk may abate 1858
all or any part of any penalty assessed under this division. 1859

       (F) In the following cases, the clerk shall accept for filing 1860
an application and shall issue a certificate of title without 1861
requiring payment or evidence of payment of the tax: 1862

       (1) When the purchaser is this state or any of its political 1863
subdivisions, a church, or an organization whose purchases are 1864
exempted by section 5739.02 of the Revised Code; 1865

       (2) When the transaction in this state is not a retail sale 1866
as defined by section 5739.01 of the Revised Code; 1867

       (3) When the purchase is outside this state or in interstate 1868
commerce and the purpose of the purchaser is not to use, store, or 1869
consume within the meaning of section 5741.01 of the Revised Code; 1870

       (4) When the purchaser is the federal government; 1871

       (5) When the motor vehicle was purchased outside this state 1872
for use outside this state; 1873

       (6) When the motor vehicle is purchased by a nonresident of 1874
this state for immediate removal from this state, and will be 1875
permanently titled and registered in another state, as provided by 1876
division (B)(23) of section 5739.02 of the Revised Code, and upon 1877
presentation of a copy of the affidavit provided by that section, 1878
and a copy of the exemption certificate provided by section 1879
5739.03 of the Revised Code. 1880

       The clerk shall forward all payments of taxes, less poundage 1881
fees, to the treasurer of state in a manner to be prescribed by 1882
the tax commissioner and shall furnish information to the 1883
commissioner as the commissioner requires. 1884

       (G) An application, as prescribed by the registrar and agreed 1885
to by the tax commissioner, shall be filled out and sworn to by 1886
the buyer of a motor vehicle in a casual sale. The application 1887
shall contain the following notice in bold lettering: "WARNING TO 1888
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by 1889
law to state the true selling price. A false statement is in 1890
violation of section 2921.13 of the Revised Code and is punishable 1891
by six months' imprisonment or a fine of up to one thousand 1892
dollars, or both. All transfers are audited by the department of 1893
taxation. The seller and buyer must provide any information 1894
requested by the department of taxation. The buyer may be assessed 1895
any additional tax found to be due." 1896

       (H) For sales of manufactured homes or mobile homes occurring 1897
on or after January 1, 2000, the clerk shall accept for filing, 1898
pursuant to Chapter 5739. of the Revised Code, an application for 1899
a certificate of title for a manufactured home or mobile home 1900
without requiring payment of any tax pursuant to section 5739.02, 1901
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt 1902
issued by the tax commissioner showing payment of the tax. For 1903
sales of manufactured homes or mobile homes occurring on or after 1904
January 1, 2000, the applicant shall pay to the clerk an 1905
additional fee of five dollars for each certificate of title 1906
issued by the clerk for a manufactured or mobile home pursuant to 1907
division (H) of section 4505.11 of the Revised Code and for each 1908
certificate of title issued upon transfer of ownership of the 1909
home. The clerk shall credit the fee to the county certificate of 1910
title administration fund, and the fee shall be used to pay the 1911
expenses of archiving those certificates pursuant to division (A) 1912
of section 4505.08 and division (H)(3) of section 4505.11 of the 1913
Revised Code. The tax commissioner shall administer any tax on a 1914
manufactured or mobile home pursuant to Chapters 5739. and 5741. 1915
of the Revised Code. 1916

       (I) Every clerk shall have the capability to transact by 1917
electronic means all procedures and transactions relating to the 1918
issuance of motor vehicle certificates of title that are described 1919
in the Revised Code as being accomplished by electronic means. 1920

       Sec. 4505.08. (A) When the clerk of a court of common pleas 1921
issues a physical certificate of title, the clerk shall issue the 1922
certificate of title on a form and in a manner prescribed by the 1923
registrar of motor vehicles. The clerk shall file a copy of the 1924
physical evidence for the creation of the certificate of title in 1925
a manner prescribed by the registrar. A clerk may retain digital 1926
images of documents used as evidence for issuance of a certificate 1927
of title. Certified printouts of documents retained as digital 1928
images shall have the same evidentiary value as the original 1929
physical documents. The record of the issuance of the certificate 1930
of title shall be maintained in the automated title processing 1931
system. The clerk shall sign and affix the clerk's seal to the 1932
original certificate of title and, if there are no liens on the 1933
motor vehicle, shall deliver the certificate to the applicant or 1934
the selling dealer. If there are one or more liens on the motor 1935
vehicle, the certificate of title shall be delivered to the holder 1936
of the first lien or the selling dealer, who shall deliver the 1937
certificate of title to the holder of the first lien. 1938

       The registrar shall prescribe a uniform method of numbering 1939
certificates of title, and such numbering shall be in such manner 1940
that the county of issuance is indicated. The clerk shall assign 1941
numbers to certificates of title in the manner prescribed by the 1942
registrar. The clerk shall file all certificates of title 1943
according to rules to be prescribed by the registrar, and the 1944
clerk shall maintain in the clerk's office indexes for the 1945
certificates of title. 1946

       The clerk need not retain on file any current certificates of 1947
title, current duplicate certificates of title, current memorandum 1948
certificates of title, or current salvage certificates of title, 1949
or supporting evidence of them covering any motor vehicle or 1950
manufactured or mobile home for a period longer than seven years 1951
after the date of its filing; thereafter, the documents and 1952
supporting evidence may be destroyed. The clerk need not retain on 1953
file any inactive records, including certificates of title, 1954
duplicate certificates of title, or memorandum certificates of 1955
title, or supporting evidence of them, including the electronic 1956
record described in division (A) of section 4505.06 of the Revised 1957
Code, covering any motor vehicle or manufactured or mobile home 1958
for a period longer than five years after the date of its filing; 1959
thereafter, the documents and supporting evidence may be 1960
destroyed. 1961

       The automated title processing system shall contain all 1962
active records and an index of the active records, a record and 1963
index of all inactive titles for ten years, and a record and index 1964
of all inactive titles for manufactured and mobile homes for 1965
thirty years. If the clerk provides a written copy of any 1966
information contained in the database, the copy shall be 1967
considered the original for purposes of the clerk certifying the 1968
record of the information for use in any legal proceeding. 1969

       (B)(1) If the clerk issues a certificate of title for a motor 1970
vehicle that was last previously registered in another state, the 1971
clerk shall record verbatim, where practicable, in the space on 1972
the title described in division (B)(19) of section 4505.07 of the 1973
Revised Code, the words that appear as a notation to the vehicle 1974
on the title issued by the previous state. These notations may 1975
include, but are not limited to, words to the effect that the 1976
vehicle was considered or was categorized by the state in which it 1977
was last previously registered to be a law enforcement vehicle or 1978
a taxicab or was once in a flood. 1979

       (2) If the clerk, while issuing a certificate of title for a 1980
motor vehicle that was last previously registered in another 1981
state, receives information from the automated title processing 1982
system indicating that a title to the vehicle previously was 1983
issued by this state and that the previous title contained 1984
notations that appeared in the space described in division (B)(19) 1985
or (20) of section 4505.07 of the Revised Code, the clerk shall 1986
enter the notations that appeared on the previous certificate of 1987
title issued by this state on the new certificate of title in the 1988
space described in division (B)(19) or (20) of section 4505.07 of 1989
the Revised Code, irrespective of whether the notations appear on 1990
the certificate of title issued by the state in which the vehicle 1991
was last previously registered. 1992

       (3) If the clerk, while issuing a certificate of title for a 1993
motor vehicle that was last previously registered in another 1994
state, receives information from the automated title processing 1995
system indicating that the vehicle was previously issued a title 1996
by this state and that the previous title bore the notation 1997
"REBUILT SALVAGE" as required by division (E) of section 4505.11 1998
of the Revised Code, or the previous title to the vehicle issued 1999
by this state was a salvage certificate of title, the clerk shall 2000
cause the certificate of title the clerk issues to bear the 2001
notation "REBUILT SALVAGE" in the location prescribed by the 2002
registrar pursuant to that division. 2003

       (C) When the clerk issues a certificate of title for a motor 2004
vehicle that was last previously registered in this state and was 2005
a law enforcement vehicle or a taxicab or was once in a flood, the 2006
clerk shall record that information in the space on the title 2007
described in division (B)(20) of section 4505.07 of the Revised 2008
Code. The registrar, by rule, may prescribe any additional uses of 2009
or happenings to a motor vehicle that the registrar has reason to 2010
believe should be noted on the certificate of title as provided in 2011
this division. 2012

       (D) The clerk shall use reasonable care in recording or 2013
entering onto titles the clerk issues any notation and information 2014
the clerk is required by divisions (B) and (C) of this section to 2015
record or enter and in causing the titles the clerk issues to bear 2016
any notation required by those divisions, but the clerk is not 2017
liable for any of the clerk's errors or omissions or those of the 2018
clerk's deputies, or the automated title processing system, in the 2019
performance of the duties imposed on the clerk by this section. 2020

       (E) The clerk may issue a duplicate title, when duly applied 2021
for, of any title that has been destroyed as herein provided. 2022

       (F) ~~The~~Except as provided in section 4505.021 of the Revised 2023
Code, the clerk shall issue a physical certificate of title to an 2024
applicant unless the applicant specifically requests the clerk not 2025
to issue a physical certificate of title and instead to issue an 2026
electronic certificate of title. The fact that a physical 2027
certificate of title is not issued for a motor vehicle does not 2028
affect ownership of the vehicle. In that case, when the clerk 2029
completes the process of entering certificate of title application 2030
information into the automated title processing system, the effect 2031
of the completion of the process is the same as if the clerk 2032
actually issued a physical certificate of title for the motor 2033
vehicle. 2034

       (G) An electronic motor vehicle dealer who applies for a 2035
certificate of title on behalf of a customer who purchases a motor 2036
vehicle from the dealer may print a non-negotiable evidence of 2037
ownership for the customer if the customer so requests. The 2038
authorization to print the non-negotiable evidence of ownership 2039
shall come from the clerk with whom the dealer makes application 2040
for the certificate of title for the customer, but the printing by 2041
the dealer does not create an agency relationship of any kind 2042
between the dealer and the clerk. 2043

       (H) The owner of a motor vehicle may apply at any time to a 2044
clerk of a court of common pleas for a non-negotiable evidence of 2045
ownership for the motor vehicle. 2046

       Sec. 4506.08. (A)(1) Each application for a commercial 2047
driver's license temporary instruction permit shall be accompanied 2048
by a fee of ten dollars~~; except as provided in division (B) of~~ 2049
~~this section, each~~. Each application for a commercial driver's 2050
license, restricted commercial driver's license, or renewal of 2051
such a license shall be accompanied by a fee of twenty-five 2052
dollars~~; and each~~, except that an application for a commercial 2053
driver's license or restricted commercial driver's license 2054
received pursuant to division (A)(3) of section 4506.14 of the 2055
Revised Code shall be accompanied by a fee of eighteen dollars and 2056
seventy-five cents if the license will expire on the licensee's 2057
birthday three years after the date of issuance, a fee of twelve 2058
dollars and fifty cents if the license will expire on the 2059
licensee's birthday two years after the date of issuance, and a 2060
fee of six dollars and twenty-five cents if the license will 2061
expire on the licensee's birthday one year after the date of 2062
issuance. Each application for a duplicate commercial driver's 2063
license shall be accompanied by a fee of ten dollars. In 2064

       (2) In addition, the registrar of motor vehicles or deputy 2065
registrar may collect and retain an additional fee of no more than 2066
two dollars and seventy-five cents commencing on July 1, 2001, 2067
three dollars and twenty-five cents commencing on January 1, 2003, 2068
and three dollars and fifty cents commencing on January 1, 2004, 2069
for each application for a commercial driver's license temporary 2070
instruction permit, commercial driver's license, renewal of a 2071
commercial driver's license, or duplicate commercial driver's 2072
license received by the registrar or deputy. No 2073

       (3) No fee shall be charged for the annual issuance of a 2074
waiver for farm-related service industries pursuant to section 2075
4506.24 of the Revised Code. 2076

       (B) Each deputy registrar shall transmit the fees collected 2077
under division (A)(1) of this section to the registrar at the time 2078
and in the manner prescribed by the registrar by rule. The 2079
registrar shall pay the fees into the state highway safety fund 2080
established in section 4501.06 of the Revised Code. 2081

       ~~(B)~~(C) In addition to the fees imposed under division (A) of 2082
this section, the registrar of motor vehicles or deputy registrar 2083
shall collect a fee of twelve dollars commencing on October 1, 2084
2003, for each application for a commercial driver's license 2085
temporary instruction permit, commercial driver's license, or 2086
duplicate commercial driver's license and for each application for 2087
renewal of a commercial driver's license with an expiration date 2088
on or after that date received by the registrar or deputy 2089
registrar. The additional fee is for the purpose of defraying the 2090
department of public safety's costs associated with the 2091
administration and enforcement of the motor vehicle and traffic 2092
laws of Ohio. Each deputy registrar shall transmit the fees 2093
collected under division ~~(B)~~(C) of this section in the time and 2094
manner prescribed by the registrar. The registrar shall deposit 2095
all moneys received under division ~~(B)~~(C) of this section into the 2096
state highway safety fund established in section 4501.06 of the 2097
Revised Code. 2098

       ~~(C)~~(D) Information regarding the driving record of any person 2099
holding a commercial driver's license issued by this state shall 2100
be furnished by the registrar, upon request and payment of a fee 2101
of two dollars, to the employer or prospective employer of such a 2102
person and to any insurer. 2103

       Sec. 4506.14. (A) Commercial driver's licenses shall expire 2104
as follows: 2105

       (1) Except as provided in division (A)(3) or (4) of this 2106
section, each such license issued to replace an operator's or 2107
chauffeur's license shall expire on the original expiration date 2108
of the operator's or chauffeur's license and, upon renewal, shall 2109
expire on the licensee's birthday in the fourth year after the 2110
date of issuance. 2111

       (2) Except as provided in division (A)(3) or (4) of this 2112
section, each such license issued as an original license to a 2113
person whose residence is in this state shall expire on the 2114
licensee's birthday in the fourth year after the date of issuance, 2115
and each such license issued to a person whose temporary residence 2116
is in this state shall expire in accordance with rules adopted by 2117
the registrar of motor vehicles. A license issued to a person with 2118
a temporary residence in this state is nonrenewable, but may be 2119
replaced with a new license within ninety days prior to its 2120
expiration upon the applicant's compliance with all applicable 2121
requirements. 2122

       (3) The registrar or a deputy registrar may issue a license 2123
that expires on a date earlier than the licensee's birthday in the 2124
fourth year after the date of issuance if the licensee has 2125
undergone a security threat assessment required by federal law to 2126
obtain a hazardous materials endorsement and the assessment will 2127
expire before that date. 2128

        (4) Each such license issued to replace the operator's or 2129
chauffeur's license of a person who is less than twenty-one years 2130
of age, and each such license issued as an original license to a 2131
person who is less than twenty-one years of age, shall expire on 2132
the licensee's twenty-first birthday. 2133

       (B) No commercial driver's license shall be issued for a 2134
period longer than four years and ninety days. Except as provided 2135
in section 4507.12 of the Revised Code, the registrar may waive 2136
the examination of any person applying for the renewal of a 2137
commercial driver's license issued under this chapter, provided 2138
that the applicant presents either an unexpired commercial 2139
driver's license or a commercial driver's license that has expired 2140
not more than six months prior to the date of application. 2141

       (C) Subject to the requirements of this chapter and except as 2142
provided in division (A)(2) of this section in regard to a person 2143
whose temporary residence is in this state, every commercial 2144
driver's license shall be renewable ninety days before its 2145
expiration upon payment of the fees required by section 4506.08 of 2146
the Revised Code. Each person applying for renewal of a commercial 2147
driver's license shall complete the application form prescribed by 2148
section 4506.07 of the Revised Code and shall provide all 2149
certifications required. If the person wishes to retain an 2150
endorsement authorizing the person to transport hazardous 2151
materials, the person shall take and successfully complete the 2152
written test for the endorsement and shall submit to any 2153
background check required by federal law. 2154

       (D) Each person licensed as a driver under this chapter shall 2155
notify the registrar of any change in the person's address within 2156
ten days following that change. The notification shall be in 2157
writing on a form provided by the registrar and shall include the 2158
full name, date of birth, license number, county of residence, 2159
social security number, and new address of the person. 2160

       (E) Whoever violates division (D) of this section is guilty 2161
of a minor misdemeanor. 2162

       Sec. 4508.06. (A) The director of public safety may refuse to 2163
issue, or may suspend or revoke, a license or may impose a fine of 2164
not more than ten thousand dollars per occurrence in any case in 2165
which the director finds the applicant or licensee has violated 2166
any of the provisions of this chapter, or any of the ~~regulations~~ 2167
rules adopted by the director, or has failed to pay a fine imposed 2168
under this division. No person whose license has been suspended or 2169
revoked under this section shall fail to return the license to the 2170
director. 2171

       (B) The director shall deposit all fines collected under 2172
division (A) of this section into the state treasury to the credit 2173
of the state highway safety fund created by section 4501.06 of the 2174
Revised Code. 2175

       (C) Whoever ~~violates~~fails to return a license that has been 2176
suspended or revoked under division (A) of this section is guilty 2177
of failing to return a suspended or revoked license, a minor 2178
misdemeanor or, on a second or subsequent offense within two years 2179
after the first offense, a misdemeanor of the fourth degree. 2180

       Sec. 4508.10. (A) A driver training school shall issue a 2181
certificate of completion to each person who successfully 2182
completes a course of instruction necessary to obtain or maintain 2183
a driver's license. The department of public safety shall provide 2184
each driver training school with the certificate of completion 2185
forms. 2186

       (B) The fee for each driver's license certificate of 2187
completion provided by the department to a driver training school 2188
is four dollars. The director of public safety shall deposit the 2189
fees collected under this section into the state treasury to the 2190
credit of the state highway safety fund created in section 4501.16 2191
of the Revised Code. 2192

        (C) As used in this section, "driver's license" has the same 2193
meaning as in section 4507.01 of the Revised Code. 2194

       Sec. 4509.27. There is hereby created in the state treasury 2195
the security deposit fund. All security deposits that the 2196
registrar of motor vehicles requires to be paid under section 2197
4509.12 of the Revised Code and that the registrar receives shall 2198
be deposited into the fund. Moneys in the fund shall be applied 2199
only to the payment of a judgment for damages arising out of an 2200
accident as provided in section 4509.28 of the Revised Code and to 2201
the return of security deposits as provided in sections 4509.25 2202
and 4509.29 of the Revised Code. All investment earnings ~~on the~~ 2203
~~cash balance in~~of the fund shall be credited to the roadwork 2204
development fund created by section 122.14 of the Revised Code. 2205

       Sec. 4513.34. (A) The director of transportation with 2206
respect to all highways that are a part of the state highway 2207
system and local authorities with respect to highways under their 2208
jurisdiction, upon application in writing and for good cause 2209
shown, may issue a special permit in writing authorizing the 2210
applicant to operate or move a vehicle or combination of vehicles 2211
of a size or weight of vehicle or load exceeding the maximum 2212
specified in sections 5577.01 to 5577.09 of the Revised Code, or 2213
otherwise not in conformity with sections 4513.01 to 4513.37 of 2214
the Revised Code, upon any highway under the jurisdiction of the 2215
authority granting the permit. 2216

       For purposes of this section, the director may designate 2217
certain state highways or portions of state highways as special 2218
economic development highways. If an application submitted to the 2219
director under this section involves travel of a nonconforming 2220
vehicle or combination of vehicles upon a special economic 2221
development highway, the director, in determining whether good 2222
cause has been shown that issuance of a permit is justified, shall 2223
consider the effect the travel of the vehicle or combination of 2224
vehicles will have on the economic development in the area in 2225
which the designated highway or portion of highway is located. 2226

       (B) Notwithstanding sections 715.22 and 723.01 of the Revised 2227
Code, the holder of a special permit issued by the director under 2228
this section may move the vehicle or combination of vehicles 2229
described in the special permit on any highway that is a part of 2230
the state highway system when the movement is partly within and 2231
partly without the corporate limits of a municipal corporation. No 2232
local authority shall require any other permit or license or 2233
charge any license fee or other charge against the holder of a 2234
permit for the movement of a vehicle or combination of vehicles on 2235
any highway that is a part of the state highway system. The 2236
director shall not require the holder of a permit issued by a 2237
local authority to obtain a special permit for the movement of 2238
vehicles or combination of vehicles on highways within the 2239
jurisdiction of the local authority. Permits may be issued for any 2240
period of time not to exceed one year, as the director in the 2241
director's discretion or a local authority in its discretion 2242
determines advisable, or for the duration of any public 2243
construction project. 2244

       (C) The application for a permit shall be in the form that 2245
the director or local authority prescribes. The director or local 2246
authority may prescribe a permit fee to be imposed and collected 2247
when any permit described in this section is issued. The permit 2248
fee may be in an amount sufficient to reimburse the director or 2249
local authority for the administrative costs incurred in issuing 2250
the permit, and also to cover the cost of the normal and expected 2251
damage caused to the roadway or a street or highway structure as 2252
the result of the operation of the nonconforming vehicle or 2253
combination of vehicles. The director, in accordance with Chapter 2254
119. of the Revised Code, shall establish a schedule of fees for 2255
permits issued by the director under this section. 2256

       ~~For the purposes of this section and of rules adopted by the~~ 2257
~~director under this section, milk transported in bulk by vehicle~~ 2258
~~is deemed a nondivisible load.~~ 2259

       (D) The director or local authority may issue or withhold a 2260
permit. If a permit is to be issued, the director or local 2261
authority may limit or prescribe conditions of operation for the 2262
vehicle and may require the posting of a bond or other security 2263
conditioned upon the sufficiency of the permit fee to compensate 2264
for damage caused to the roadway or a street or highway structure. 2265
In addition, a local authority, as a condition of issuance of an 2266
overweight permit, may require the applicant to develop and enter 2267
into a mutual agreement with the local authority to compensate for 2268
or to repair excess damage caused to the roadway by travel under 2269
the permit. 2270

       For a permit that will allow travel of a nonconforming 2271
vehicle or combination of vehicles on a special economic 2272
development highway, the director, as a condition of issuance, may 2273
require the applicant to agree to make periodic payments to the 2274
department to compensate for damage caused to the roadway by 2275
travel under the permit. 2276

       (E) Every permit shall be carried in the vehicle or 2277
combination of vehicles to which it refers and shall be open to 2278
inspection by any police officer or authorized agent of any 2279
authority granting the permit. No person shall violate any of the 2280
terms of a permit. 2281

       (F) For the purposes of this section: 2282

       (1) Milk transported in bulk by vehicle is deemed a 2283
nondivisible load. 2284

       (2) Three or fewer steel coils transported by vehicle is 2285
deemed a nondivisible load. In no case shall the gross vehicle 2286
weight exceed ninety-two thousand pounds. 2287

       (G) Whoever violates this section shall be punished as 2288
provided in section 4513.99 of the Revised Code. 2289

       Sec. 4519.58. (A) When the clerk of a court of common pleas 2290
issues a physical certificate of title, the clerk shall issue the 2291
certificate of title on a form and in a manner prescribed by the 2292
registrar of motor vehicles. The clerk shall file a copy of the 2293
physical evidence for the creation of the certificate of title in 2294
a manner prescribed by the registrar. A clerk may retain digital 2295
images of documents used as evidence for issuance of a certificate 2296
of title. Certified printouts of documents retained as digital 2297
images shall have the same evidentiary value as the original 2298
physical documents. The record of the issuance of the certificate 2299
of title shall be maintained in the automated title processing 2300
system. The clerk shall sign and affix the clerk's seal to the 2301
original certificate of title and, if there are no liens on the 2302
off-highway motorcycle or all-purpose vehicle, shall deliver the 2303
certificate to the applicant or the selling dealer. Except as 2304
otherwise provided in this section, if there are one or more liens 2305
on the off-highway motorcycle or all-purpose vehicle, the 2306
certificate of title shall be delivered to the holder of the first 2307
lien. If the certificate of title is obtained by a dealer on 2308
behalf of the applicant and there are one or more liens on the 2309
off-highway motorcycle or all-purpose vehicle, the clerk shall 2310
issue a certificate of title and may issue a memorandum 2311
certificate of title. The certificate of title and memorandum 2312
certificate of title, if issued, shall be delivered to the holder 2313
of the first lien or the selling dealer, who shall deliver the 2314
certificate of title to the holder of the first lien and the 2315
memorandum certificate of title to the applicant. The selling 2316
dealer also may make arrangements with the clerk to have the clerk 2317
deliver the memorandum certificate of title to the applicant. 2318

       (B) The registrar shall prescribe a uniform method of 2319
numbering certificates of title. The numbering shall be in such 2320
manner that the county of issuance is indicated. Numbers shall be 2321
assigned to certificates of title in the manner prescribed by the 2322
registrar. The clerk shall file all certificates of title 2323
according to the rules to be prescribed by the registrar, and the 2324
clerk shall maintain in the clerk's office indexes for the 2325
certificates of title. 2326

       The clerk need not retain on file any current certificates of 2327
title, current duplicate certificates of title, current memorandum 2328
certificates of title, or current salvage certificates of title, 2329
or supporting evidence of them, covering any off-highway 2330
motorcycle or all-purpose vehicle for a period longer than seven 2331
years after the date of their filing; thereafter, the documents 2332
and supporting evidence may be destroyed. The clerk need not 2333
retain on file any inactive records, including certificates of 2334
title, duplicate certificates of title, or memorandum certificates 2335
of title, or supporting evidence of them, including the electronic 2336
record described in section 4519.55 of the Revised Code, covering 2337
any off-highway motorcycle or all-purpose vehicle for a period 2338
longer than five years after the date of their filing; thereafter, 2339
the documents and supporting evidence may be destroyed. 2340

        The automated title processing system shall contain all 2341
active records and an index of the active records, and shall 2342
contain a record and index of all inactive titles for ten years, 2343
and a record and index of all inactive titles for manufactured and 2344
mobile homes for thirty years. If the clerk provides a written 2345
copy of any information contained in the database, the copy shall 2346
be considered the original for purposes of the clerk certifying 2347
the record of such information for use in any legal proceedings. 2348

       (C) ~~The~~Except as provided in this division, the clerk shall 2349
issue a physical certificate of title to an applicant unless the 2350
applicant specifically requests the clerk not to issue a physical 2351
certificate of title and instead to issue an electronic 2352
certificate of title. In the case of a title application that is 2353
submitted electronically to the clerk, the clerk shall issue an 2354
electronic certificate of title unless the applicant requests the 2355
issuance of a physical certificate of title. The fact that a 2356
physical certificate of title is not issued for an off-highway 2357
motorcycle or all-purpose vehicle does not affect ownership of the 2358
motorcycle or vehicle. In that case, when the clerk completes the 2359
process of entering certificate of title application information 2360
into the automated title processing system, the effect of the 2361
completion of the process is the same as if the clerk actually 2362
issued a physical certificate of title for the motorcycle or 2363
vehicle. 2364

       (D) An electronic dealer who applies for a certificate of 2365
title on behalf of a customer who purchases an off-highway 2366
motorcycle or all-purpose vehicle from the dealer may print a 2367
non-negotiable evidence of ownership for the customer if the 2368
customer so requests. The authorization to print the 2369
non-negotiable evidence of ownership shall come from the clerk 2370
with whom the dealer makes application for the certificate of 2371
title for the customer, but the printing by the dealer does not 2372
create an agency relationship of any kind between the dealer and 2373
the clerk. 2374

       (E) The owner of the off-highway motorcycle or all-purpose 2375
vehicle may apply at any time to a clerk of a court of common 2376
pleas for a non-negotiable evidence of ownership for the 2377
off-highway motorcycle or all-purpose vehicle. 2378

       Sec. 4549.10. (A) No person shall operate or cause to be 2379
operated upon a public road or highway a motor vehicle of a 2380
manufacturer or dealer unless the vehicle carries and displays ~~two~~ 2381
~~placards~~a placard, except as provided in section 4503.21 of the 2382
Revised Code, issued by the director of public safety that ~~bear~~ 2383
bears the registration number of its manufacturer or dealer. 2384

       (B) Whoever violates division (A) of this section is guilty 2385
of illegal operation of a manufacturer's or dealer's motor 2386
vehicle, a minor misdemeanor on a first offense and a misdemeanor 2387
of the fourth degree on each subsequent offense. 2388

       Sec. 4749.03. (A)(1) Any individual, including a partner in 2389
a partnership, may be licensed as a private investigator under a 2390
class B license, or as a security guard provider under a class C 2391
license, or as a private investigator and a security guard 2392
provider under a class A license, if the individual meets all of 2393
the following requirements: 2394

       (a) Has a good reputation for integrity, has not been 2395
convicted of a felony within the last twenty years or any offense 2396
involving moral turpitude, and has not been adjudicated 2397
incompetent for the purpose of holding the license, as provided in 2398
section 5122.301 of the Revised Code, without having been restored 2399
to legal capacity for that purpose. 2400

       (b) Depending upon the class of license for which application 2401
is made, for a continuous period of at least two years immediately 2402
preceding application for a license, has been engaged in 2403
investigatory or security services work for a law enforcement or 2404
other public agency engaged in investigatory activities, or for a 2405
private investigator or security guard provider, or engaged in the 2406
practice of law, or has acquired equivalent experience as 2407
determined by rule of the director of public safety. 2408

       (c) Demonstrates competency as a private investigator or 2409
security guard provider by passing an examination devised for this 2410
purpose by the director, except that any individually licensed 2411
person who qualifies a corporation for licensure shall not be 2412
required to be reexamined if the person qualifies the corporation 2413
in the same capacity that the person was individually licensed. 2414

       (d) Submits evidence of comprehensive general liability 2415
insurance coverage, or other equivalent guarantee approved by the 2416
director in such form and in principal amounts satisfactory to the 2417
director, but not less than one hundred thousand dollars for each 2418
person and three hundred thousand dollars for each occurrence for 2419
bodily injury liability, and one hundred thousand dollars for 2420
property damage liability. 2421

       (e) Pays the requisite examination and license fees. 2422

       (2) A corporation may be licensed as a private investigator 2423
under a class B license, or as a security guard provider under a 2424
class C license, or as a private investigator and a security guard 2425
provider under a class A license, if an application for licensure 2426
is filed by an officer of the corporation and the officer, another 2427
officer, or the qualifying agent of the corporation satisfies the 2428
requirements of divisions (A)(1) and (F)(1) of this section. 2429
Officers and the statutory agent of a corporation shall be 2430
determined in accordance with Chapter 1701. of the Revised Code. 2431

       (3) At least one partner in a partnership shall be licensed 2432
as a private investigator, or as a security guard provider, or as 2433
a private investigator and a security guard provider. Partners in 2434
a partnership shall be determined as provided for in Chapter 1775. 2435
of the Revised Code. 2436

       (B) ~~Application~~An application for a class A, B, or C license 2437
shall be ~~in writing, under oath, to~~completed in the form the 2438
director prescribes. In the case of an individual, the application 2439
shall state the applicant's name, birth date, citizenship, 2440
physical description, current residence, residences for the 2441
preceding ten years, current employment, employment for the 2442
preceding seven years, experience qualifications, the location of 2443
each of the applicant's offices in this state, and any other 2444
information that is necessary in order for the director to comply 2445
with the requirements of this chapter. In the case of a 2446
corporation, the application shall state the name of the officer 2447
or qualifying agent filing the application; the state in which the 2448
corporation is incorporated and the date of incorporation; the 2449
states in which the corporation is authorized to transact 2450
business; the name of its qualifying agent; the name of the 2451
officer or qualifying agent of the corporation who satisfies the 2452
requirements of divisions (A)(1) and (F)(1) of this section and 2453
the birth date, citizenship, physical description, current 2454
residence, residences for the preceding ten years, current 2455
employment, employment for the preceding seven years, and 2456
experience qualifications of that officer or qualifying agent; and 2457
other information that the director requires. A corporation may 2458
specify in its application information relative to one or more 2459
individuals who satisfy the requirements of divisions (A)(1) and 2460
(F)(1) of this section. 2461

       The application described in this division shall be 2462
accompanied by all of the following: 2463

       (1) One recent full-face photograph of the applicant or, in 2464
the case of a corporation, of each officer or qualifying agent 2465
specified in the application as satisfying the requirements of 2466
divisions (A)(1) and (F)(1) of this section; 2467

       (2) ~~One complete set of the applicant's fingerprints or, in~~ 2468
~~the case of a corporation, of the fingerprints of each officer or~~ 2469
~~qualifying agent specified in the application as satisfying the~~ 2470
~~requirements of divisions (A)(1) and (F)(1) of this section;~~ 2471

       ~~(3)~~ Character references from at least five reputable 2472
citizens for the applicant or, in the case of a corporation, for 2473
each officer or qualifying agent specified in the application as 2474
satisfying the requirements of divisions (A)(1) and (F)(1) of this 2475
section, each of whom has known the applicant, officer, or 2476
qualifying agent for at least five years preceding the 2477
application, and none of whom are connected with the applicant, 2478
officer, or qualifying agent by blood or marriage; 2479

       ~~(4)~~(3) An examination fee of twenty-five dollars for the 2480
applicant or, in the case of a corporation, for each officer or 2481
qualifying agent specified in the application as satisfying the 2482
requirements of divisions (A)(1) and (F)(1) of this section, and a 2483
license fee ~~of two hundred fifty~~in the amount the director 2484
determines, not to exceed three hundred seventy-five dollars. The 2485
license fee shall be refunded if a license is not issued. 2486

       (C) ~~Upon receipt of the application and accompanying matter~~ 2487
~~described in division (B) of this section, the director shall~~ 2488
~~forward to the bureau of criminal identification and investigation~~ 2489
~~a request that it make an investigation of the applicant or, in~~ 2490
~~the case of a corporation, each officer or qualifying agent~~ 2491
~~specified in the application as satisfying the requirements of~~ 2492
~~divisions (A)(1) and (F)(1) of this section, to determine whether~~ 2493
~~the applicant, officer, or qualifying agent meets the requirements~~ 2494
~~of division (A)(1)(a) of this section.~~(1) Each individual 2495
applying for a license and each individual specified by a 2496
corporation as an officer or qualifying agent in an application 2497
shall submit one complete set of fingerprints directly to the 2498
superintendent of the bureau of criminal identification and 2499
investigation for the purpose of conducting a criminal records 2500
check. The individual shall provide the fingerprints using a 2501
method the superintendent prescribes pursuant to division (C)(2) 2502
of section 109.572 of the Revised Code and fill out the form the 2503
superintendent prescribes pursuant to division (C)(1) of section 2504
109.572 of the Revised Code. An applicant who intends to carry a 2505
firearm as defined in section 2923.11 of the Revised Code in the 2506
course of business or employment shall so notify the 2507
superintendent. This notification is in addition to any other 2508
requirement related to carrying a firearm that applies to the 2509
applicant. The individual or corporation requesting the criminal 2510
records check shall pay the fee the superintendent prescribes. 2511

        (2) The superintendent shall conduct the criminal records 2512
check as set forth in division (B) of section 109.572 of the 2513
Revised Code. If an applicant intends to carry a firearm in the 2514
course of business or employment, the superintendent shall make a 2515
request to the federal bureau of investigation for any information 2516
and review the information the bureau provides pursuant to 2517
division (B)(2) of section 109.572 of the Revised Code. The 2518
superintendent shall submit all results of the completed 2519
investigation to the director of public safety. 2520

       (3) If the director determines that the applicant, officer, 2521
or qualifying agent meets the requirements of divisions (A)(1)(a), 2522
(b), and (d) of this section and that an officer or qualifying 2523
agent meets the requirement of division (F)(1) of this section, 2524
the director shall notify the applicant, officer, or agent of the 2525
time and place for the examination. If the director determines 2526
that an applicant does not meet the requirements of divisions 2527
(A)(1)(a), (b), and (d) of this section, the director shall notify 2528
the applicant that the applicant's application is refused and 2529
refund the license fee. If the director determines that none of 2530
the individuals specified in the application of a corporation as 2531
satisfying the requirements of divisions (A)(1) and (F)(1) of this 2532
section meet the requirements of divisions (A)(1)(a), (b), and (d) 2533
and (F)(1) of this section, the director shall notify the 2534
corporation that its application is refused and refund the license 2535
fee. If ~~the director requests an investigation of any applicant,~~ 2536
~~officer, or qualifying agent and if~~ the bureau assesses the 2537
director a fee for ~~the~~any investigation, the director, in 2538
addition to any other fee assessed pursuant to this chapter, may 2539
assess the applicant, officer, or qualifying agent, as 2540
appropriate, a fee that is equal to the fee assessed by the 2541
bureau. 2542

       (D) If upon application, investigation, and examination, the 2543
director finds that the applicant or, in the case of a 2544
corporation, any officer or qualifying agent specified in the 2545
application as satisfying the requirements of divisions (A)(1) and 2546
(F)(1) of this section, meets the applicable requirements, the 2547
director shall issue the applicant or the corporation a class A, 2548
B, or C license. The director also shall issue an identification 2549
card to an applicant, but not an officer or qualifying agent of a 2550
corporation, who meets the applicable requirements. The license 2551
and identification card shall state the licensee's name, the 2552
classification of the license, the location of the licensee's 2553
principal place of business in this state, and the expiration date 2554
of the license, and, in the case of a corporation, it also shall 2555
state the name of each officer or qualifying agent who satisfied 2556
the requirements of divisions (A)(1) and (F)(1) of this section. 2557

       Licenses expire on the first day of March following the date 2558
of initial issue, and on the first day of March of each year 2559
thereafter. ~~Renewals~~Annual renewals shall be according to the 2560
standard renewal procedures contained in Chapter 4745. of the 2561
Revised Code, upon payment of aan annual renewal fee ~~of two~~ 2562
~~hundred fifty~~the director determines, not to exceed two hundred 2563
seventy-five dollars. No license shall be renewed if the licensee 2564
or, in the case of a corporation, each officer or qualifying agent 2565
who qualified the corporation for licensure no longer meets the 2566
applicable requirements of this section. No license shall be 2567
renewed unless the licensee provides evidence of workers' 2568
compensation risk coverage and unemployment compensation insurance 2569
coverage, other than for clerical employees and excepting sole 2570
proprietors who are exempted therefrom, as provided for in 2571
Chapters 4123. and 4141. of the Revised Code, respectively, as 2572
well as the licensee's state tax identification number. No 2573
reexamination shall be required for renewal of a current license. 2574

       For purposes of this chapter, a class A, B, or C license 2575
issued to a corporation shall be considered as also having 2576
licensed the individuals who qualified the corporation for 2577
licensure, for as long as they are associated with the 2578
corporation. 2579

       For purposes of this division, "sole proprietor" means an 2580
individual licensed under this chapter who does not employ any 2581
other individual. 2582

       (E) The director may issue a duplicate copy of a license 2583
issued under this section for the purpose of replacement of a 2584
lost, spoliated, or destroyed license, upon payment of a fee ~~fixed~~ 2585
by the director determines, not exceeding twenty-five dollars. Any 2586
change in license classification requires new application and 2587
application fees. 2588

       (F)(1) In order to qualify a corporation for a class A, B, or 2589
C license, an officer or qualifying agent may qualify another 2590
corporation for similar licensure, provided that the officer or 2591
qualifying agent is actively engaged in the business of both 2592
corporations. 2593

       (2) Each officer or qualifying agent who qualifies a 2594
corporation for class A, B, or C licensure shall surrender any 2595
personal license of a similar nature that the officer or 2596
qualifying agent possesses. 2597

       (3) Upon written notification to the director, completion of 2598
an application similar to that for original licensure, surrender 2599
of the corporation's current license, and payment of a twenty-five 2600
dollar fee, a corporation's class A, B, or C license may be 2601
transferred to another corporation. 2602

       (4) Upon written notification to the director, completion of 2603
an application similar to that for an individual seeking class A, 2604
B, or C licensure, payment of a twenty-five dollar fee, and, if 2605
the individual was the only individual that qualified a 2606
corporation for licensure, surrender of the corporation's license, 2607
any officer or qualifying agent who qualified a corporation for 2608
licensure under this chapter may obtain a similar license in the 2609
individual's own name without reexamination. A request by an 2610
officer or qualifying agent for an individual license shall not 2611
affect a corporation's license unless the individual is the only 2612
individual that qualified the corporation for licensure or all the 2613
other individuals who qualified the corporation for licensure 2614
submit such requests. 2615

       (G) If a corporation is for any reason no longer associated 2616
with an individual who qualified it for licensure under this 2617
chapter, an officer of the corporation shall notify the director 2618
of that fact by certified mail, return receipt requested, within 2619
ten days after the association terminates. If the notification is 2620
so given, the individual was the only individual that qualified 2621
the corporation for licensure, and the corporation submits the 2622
name of another officer or qualifying agent to qualify the 2623
corporation for the license within thirty days after the 2624
association terminates, the corporation may continue to operate in 2625
the business of private investigation, the business of security 2626
services, or both businesses in this state under that license for 2627
ninety days after the association terminates. If the officer or 2628
qualifying agent whose name is submitted satisfies the 2629
requirements of divisions (A)(1) and (F)(1) of this section, the 2630
director shall issue a new license to the corporation within that 2631
ninety-day period. The names of more than one individual may be 2632
submitted. 2633

       Sec. 4749.06. (A) Each class A, B, or C licensee shall 2634
register the licensee's investigator or security guard employees, 2635
with the department of public safety, which shall maintain a 2636
record of each licensee and registered employee and make it 2637
available, upon request, to any law enforcement agency. The class 2638
A, B, or C licensee shall file an application to register a new 2639
employee no sooner than three days nor later than seven calendar 2640
days after the date on which the employee is hired. 2641

       (B)(1) Each employee's registration application shall be 2642
accompanied by ~~one complete set of the employee's fingerprints,~~ 2643
one recent photograph of the employee, the employee's physical 2644
description, and ~~an eighteen-dollar~~the registration fee the 2645
director determines, not to exceed forty dollars. 2646

       (2) ~~If the director of public safety requests the bureau of~~ 2647
~~criminal identification and investigation to conduct an~~ 2648
~~investigation of a licensee's employee and if the bureau assesses~~ 2649
~~the director a fee for the investigation, the director, in~~ 2650
~~addition to any other fee assessed pursuant to this chapter, may~~ 2651
~~assess the licensee a fee that is equal to the fee assessed by the~~ 2652
~~bureau.~~The employee shall submit one complete set of fingerprints 2653
directly to the superintendent of the bureau of criminal 2654
identification and investigation for the purpose of conducting a 2655
criminal records check. The employee shall provide the 2656
fingerprints using a method the superintendent prescribes pursuant 2657
to division (C)(2) of section 109.572 of the Revised Code and fill 2658
out the form the superintendent prescribes pursuant to division 2659
(C)(1) of section 109.572 of the Revised Code. An employee who 2660
intends to carry a firearm as defined in section 2923.11 of the 2661
Revised Code in the course of business or employment shall so 2662
notify the superintendent. This notification is in addition to any 2663
other requirement related to carrying a firearm that applies to 2664
the employee. The individual or corporation requesting the 2665
criminal records check shall pay the fee the superintendent 2666
prescribes. 2667

        The superintendent shall conduct the criminal records check 2668
as set forth in division (B) of section 109.572 of the Revised 2669
Code. If an employee intends to carry a firearm in the course of 2670
business or employment, pursuant to division (B)(2) of section 2671
109.572 of the Revised Code the superintendent shall make a 2672
request of the federal bureau of investigation for any information 2673
and review the information the bureau provides. The superintendent 2674
shall submit all results of the completed investigation to the 2675
director of public safety. 2676

       (3) If, after investigation, the bureau finds that the 2677
employee has not been convicted of a felony within the last twenty 2678
years, the director shall issue to the employee an identification 2679
card bearing the license number and signature of the licensee, 2680
which in the case of a corporation shall be the signature of its 2681
president or its qualifying agent, and containing the employee's 2682
name, address, age, physical description, and right thumb print or 2683
other identifying mark as the director prescribes, a recent 2684
photograph of the employee, and the employee's signature. The 2685
director may issue a duplicate of a lost, spoliated, or destroyed 2686
identification card issued under this section, upon payment of a 2687
fee fixed by the director, not exceeding five dollars. 2688

       (C) Except as provided in division (E) of this section, no 2689
class A, B, or C licensee shall permit an employee, other than an 2690
individual who qualified a corporation for licensure, to engage in 2691
the business of private investigation, the business of security 2692
services, or both businesses until the employee receives an 2693
identification card from the department, except that pending the 2694
issuance of an identification card, a class A, B, or C licensee 2695
may offer for hire security guard or investigator employees 2696
provided the licensee obtains a waiver from the person who 2697
receives, for hire, security guard or investigative services, 2698
acknowledging that the person is aware the employees have not 2699
completed their registration and agreeing to their employment. 2700

       (D) If a class A, B, or C licensee, or a registered employee 2701
of a class A, B, or C licensee, intends to carry a firearm, as 2702
defined in section 2923.11 of the Revised Code, in the course of 2703
engaging in the business or employment, the licensee or registered 2704
employee shall satisfactorily complete a firearms basic training 2705
program that includes twenty hours of handgun training and five 2706
hours of training in the use of other firearms, if any other 2707
firearm is to be used, or equivalency training, if authorized, or 2708
shall be a former peace officer who previously had successfully 2709
completed a firearms training course, shall receive a certificate 2710
of satisfactory completion of that program or written evidence of 2711
approval of the equivalency training, shall file an application 2712
for registration, shall receive a firearm-bearer notation on the 2713
licensee's or registered employee's identification card, and shall 2714
annually requalify on a firearms range, all as described in 2715
division (A) of section 4749.10 of the Revised Code. A private 2716
investigator, security guard provider, or employee is authorized 2717
to carry a firearm only in accordance with that division. 2718

       (E) This section does not apply to commissioned peace 2719
officers, as defined in division (B) of section 2935.01 of the 2720
Revised Code, working for, either as an employee or independent 2721
contractor, a class A, B, or C licensee. For purposes of this 2722
chapter, a commissioned peace officer is an employee exempt from 2723
registration. 2724

       (F) The registration of an investigator or security guard 2725
employee expires annually on the anniversary date of its initial 2726
issuance. Annual renewals shall be made pursuant to procedures the 2727
director establishes by rule and upon payment of a renewal fee the 2728
director determines, not to exceed thirty-five dollars. The 2729
director shall not renew the registration of any investigator or 2730
security guard employee who no longer meets the requirements of 2731
this section. No background check is required for annual renewal, 2732
but an investigator or security guard employee shall report any 2733
felony conviction to the employer and the director of public 2734
safety as a condition of continued registration. 2735

       Sec. 4749.10. (A) No class A, B, or C licensee and no 2736
registered employee of a class A, B, or C licensee shall carry a 2737
firearm, as defined in section 2923.11 of the Revised Code, in the 2738
course of engaging in the business of private investigation, the 2739
business of security services, or both businesses, unless all of 2740
the following apply: 2741

       (1) The licensee or employee either has successfully 2742
completed a basic firearm training program at a training school 2743
approved by the Ohio peace officer training commission, which 2744
program includes twenty hours of training in handgun use and, if 2745
any firearm other than a handgun is to be used, five hours of 2746
training in the use of other firearms, and has received a 2747
certificate of satisfactory completion of that program from the 2748
executive director of the commission; the licensee or employee 2749
has, within three years prior to November 27, 1985, satisfactorily 2750
completed firearms training that has been approved by the 2751
commission as being equivalent to such a program and has received 2752
written evidence of approval of that training from the executive 2753
director of the commission; or the licensee or employee is a 2754
former peace officer, as defined in section 109.71 of the Revised 2755
Code, who previously had successfully completed a firearms 2756
training course at a training school approved by the Ohio peace 2757
officer training commission and has received a certificate or 2758
other evidence of satisfactory completion of that course from the 2759
executive director of the commission. 2760

       (2) The licensee or employee submits an application to the 2761
director of public safety, on a form prescribed by the director, 2762
in which the licensee or employee requests registration as a class 2763
A, B, or C licensee or employee who may carry a firearm. The 2764
application shall be accompanied by a copy of the certificate or 2765
the written evidence or other evidence described in division 2766
(A)(1) of this section, the identification card issued pursuant to 2767
section 4749.03 or 4749.06 of the Revised Code if one has 2768
previously been issued, a statement of the duties that will be 2769
performed while the licensee or employee is armed, and a fee of 2770
~~ten~~the director determines, not to exceed fifteen dollars. In the 2771
case of a registered employee, the statement shall be prepared by 2772
the employing class A, B, or C licensee. 2773

       (3) The licensee or employee receives a notation on the 2774
licensee's or employee's identification card that the licensee or 2775
employee is a firearm-bearer and carries the identification card 2776
whenever the licensee or employee carries a firearm in the course 2777
of engaging in the business of private investigation, the business 2778
of security services, or both businesses. 2779

       (4) At any time within the immediately preceding twelve-month 2780
period, the licensee or employee has requalified in firearms use 2781
on a firearms training range at a firearms requalification program 2782
certified by the Ohio peace officer training commission or on a 2783
firearms training range under the supervision of an instructor 2784
certified by the commission and has received a certificate of 2785
satisfactory requalification from the certified program or 2786
certified instructor, provided that this division does not apply 2787
to any licensee or employee prior to the expiration of eighteen 2788
months after the licensee's or employee's completion of the 2789
program described in division (A)(1) of this section. A 2790
certificate of satisfactory requalification is valid and remains 2791
in effect for twelve months from the date of the requalification. 2792

       (5) If division (A)(4) of this section applies to the 2793
licensee or employee, the licensee or employee carries the 2794
certificate of satisfactory requalification that then is in effect 2795
or any other evidence of requalification issued or provided by the 2796
director. 2797

       (B)(1) The director of public safety shall register an 2798
applicant under division (A) of this section who satisfies 2799
divisions (A)(1) and (2) of this section, and place a notation on 2800
the applicant's identification card indicating that the applicant 2801
is a firearm-bearer and the date on which the applicant completed 2802
the program described in division (A)(1) of this section. 2803

       (2) A firearms requalification training program or instructor 2804
certified by the commission for the annual requalification of 2805
class A, B, or C licensees or employees who are authorized to 2806
carry a firearm under section 4749.10 of the Revised Code shall 2807
award a certificate of satisfactory requalification to each class 2808
A, B, or C licensee or registered employee of a class A, B, or C 2809
licensee who satisfactorily requalifies in firearms training. The 2810
certificate shall identify the licensee or employee and indicate 2811
the date of the requalification. A licensee or employee who 2812
receives such a certificate shall submit a copy of it to the 2813
director of public safety. A licensee shall submit the copy of the 2814
requalification certificate at the same time that the licensee 2815
makes application for renewal of the licensee's class A, B, or C 2816
license. The director shall keep a record of all copies of 2817
requalification certificates the director receives under this 2818
division and shall establish a procedure for the updating of 2819
identification cards to provide evidence of compliance with the 2820
annual requalification requirement. The procedure for the updating 2821
of identification cards may provide for the issuance of a new card 2822
containing the evidence, the entry of a new notation containing 2823
the evidence on the existing card, the issuance of a separate card 2824
or paper containing the evidence, or any other procedure 2825
determined by the director to be reasonable. Each person who is 2826
issued a requalification certificate under this division promptly 2827
shall pay to the Ohio peace officer training commission 2828
established by section 109.71 of the Revised Code a fee ~~of five~~ 2829
the director determines, not to exceed fifteen dollars, which fee 2830
shall be transmitted to the treasurer of state for deposit in the 2831
peace officer private security fund established by section 109.78 2832
of the Revised Code. 2833

       (C) Nothing in this section prohibits a private investigator 2834
or a security guard provider from carrying a concealed handgun if 2835
the private investigator or security guard provider complies with 2836
sections 2923.124 to 2923.1213 of the Revised Code. 2837

       Sec. 5501.11. (A) The functions of the department of 2838
transportation with respect to highways shall be to do all of the 2839
following: 2840

       ~~(A) To establish~~(1) Establish state highways on existing 2841
roads, streets, and new locations and to construct, reconstruct, 2842
widen, resurface, maintain, and repair the state system of 2843
highways and the bridges and culverts thereon; 2844

       ~~(B) To co-operate~~(2) Cooperate with the federal government 2845
in the establishment, construction, reconstruction, improvement, 2846
maintenance, and repair of post roads and other roads designated 2847
by the federal authorities; 2848

       ~~(C) To conduct~~(3) Conduct research and ~~to co-operate~~ 2849
cooperate with organizations conducting research in matters 2850
pertaining to highway design, construction, maintenance, material, 2851
safety, and traffic; 2852

       ~~(D) To co-operate~~(4) Cooperate with the counties, municipal 2853
corporations, townships, and other subdivisions of the state in 2854
the establishment, construction, reconstruction, maintenance, 2855
repair, and improvement of the public roads and bridges. 2856

       (B) To fulfill its functions under division (A) of this 2857
section and ensure that a disproportionate percentage of the roads 2858
and bridges on the state highway system are not due for 2859
replacement or major repair at the same time, the department shall 2860
develop and implement a pavement management system. The system 2861
shall inventory and evaluate basic road and bridge conditions 2862
throughout the state highway system and develop strategies to 2863
improve those conditions and to minimize annual maintenance of the 2864
state highway system. 2865

       Sec. 5513.04. (A) Notwithstanding sections 125.12, 125.13, 2866
and 125.14 of the Revised Code, the director of transportation, 2867
~~after notice as provided in sections 5513.01 and 5513.02 of the~~ 2868
~~Revised Code with respect to purchase,~~may sell, transfer, or 2869
otherwise dispose of any item of personal property that is not 2870
needed by the department of transportation. The director may 2871
exchange any such item, in the manner provided for in this 2872
chapter, and pay the balance of the cost of such new item from 2873
funds appropriated to the department. The director also may accept 2874
a credit voucher or cash in an amount mutually agreed upon between 2875
a vendor and the department. The director shall apply the amount 2876
of any credit voucher to future purchases from that vendor and 2877
shall deposit any cash into the state treasury to the credit of 2878
the highway operating fund created in section 5735.291 of the 2879
Revised Code. 2880

        (B)(1) The director may sell or transfer any structure, 2881
machinery, tools, equipment, parts, material, office furniture, or 2882
supplies unfit for use or not needed by the department of 2883
transportation~~. The director may sell or transfer any item~~ 2884
~~specified in this division~~ to any agency of the state or a 2885
political subdivision of the state without notice of the proposed 2886
disposal and upon any mutually agreed upon terms. ~~The director may~~ 2887
~~exchange any such item, in the manner provided for in this~~ 2888
~~chapter, and pay the balance of the cost of such new item from any~~ 2889
~~funds appropriated to the department. The director also may accept~~ 2890
~~a credit voucher in an amount mutually agreed upon between a~~ 2891
~~vendor and the department. The amount of the credit voucher shall~~ 2892
~~be applied to future purchases from that vendor.~~ 2893

       ~~(B) Notwithstanding sections 125.12, 125.13, and 125.14 of~~ 2894
~~the Revised Code, the director, after notice as provided in this~~ 2895
~~chapter with respect to purchase, may sell~~ 2896

       (2) Before selling any passenger vehicle, van, truck, 2897
trailer, or other heavy equipment ~~unfit for use or not required by~~ 2898
~~the department. Prior to such sale~~, the director shall notify each 2899
county, municipal corporation, township, and school district of 2900
the sale. The director shall similarly notify the board of 2901
trustees of any regional water and sewer district established 2902
under Chapter 6119. of the Revised Code, when the board has 2903
forwarded to the director the district's name and current business 2904
address. For the purposes of this division, the name and current 2905
business address of a regional water and sewer district shall be 2906
forwarded to the director once each year during any year in which 2907
the board wishes the notification to be given. The notice required 2908
by this division may be given by the most economical means 2909
considered to be effective~~, including, but not limited to, regular~~ 2910
~~mail, electronic mail, electronic bulletin board, and publication~~ 2911
~~in a periodical or newspaper~~. If after seven days following 2912
mailing or other issuance of the director's notice, no county, 2913
municipal corporation, township, regional water and sewer 2914
district, educational service center, or school district has 2915
notified the director that it wishes to purchase any such vehicle 2916
or other heavy equipment, the director may proceed with the sale 2917
under division ~~(D)~~(C) of this section. ~~The director may exchange~~ 2918
~~such vehicles and other heavy equipment for new vehicles or other~~ 2919
~~heavy equipment, in the manner provided for in sections 5513.01 to~~ 2920
~~5513.04 of the Revised Code, and pay the balance of the cost of~~ 2921
~~such new vehicles or other heavy equipment from the funds~~ 2922
~~appropriated to the department. The director also may elect to~~ 2923
~~accept a credit voucher from a vendor in an amount mutually agreed~~ 2924
~~to by the department and the vendor. The director shall apply the~~ 2925
~~credit voucher to future purchases from that vendor.~~ 2926

       In ~~an emergency situation as determined by~~the discretion of 2927
the director, the director may transfer any ~~vehicles~~vehicle or 2928
other heavy equipment that is unfit for use or not needed by the 2929
department to any agency of the state or political subdivision of 2930
the state without advertising for bids and upon mutually agreed to 2931
upon terms. 2932

       ~~(C)~~(3) The director may sell or otherwise dispose of any 2933
structure or structural materials salvaged on the state highway 2934
system that in the director's judgment are no longer needed by the 2935
department, or that, through wear or obsolescence, have become 2936
unfit for use. The director may transfer the structure or 2937
materials to counties, municipal corporations, school districts, 2938
or other ~~governmental~~political subdivisions without advertising 2939
for bids and upon mutually agreed toupon terms. The director may 2940
transfer the structure or ~~structures~~structural materials to a 2941
nonprofit corporation upon being furnished a copy of a contract 2942
between the nonprofit corporation and a county, municipal 2943
corporation, or other ~~governmental~~political subdivision to which 2944
the structure is to be moved pursuant to which the nonprofit 2945
corporation must make the structure or ~~structures~~structural 2946
materials available for rent or sale within a period of three 2947
months after becoming available for occupancy to an individual or 2948
family which has been displaced by governmental action or which 2949
occupies substandard housing as certified by such ~~governmental~~ 2950
political subdivision, without advertising for bids. Any such 2951
transfers shall be for such consideration as shall be determined 2952
by the director to be fair and reasonable, and shall be upon such 2953
terms and specifications with respect to performance and indemnity 2954
as shall be determined necessary by the director. 2955

       When, in carrying out an improvement that replaces any 2956
structure or structural materials, it is advantageous to dispose 2957
of the structure or structural materials by providing in the 2958
contract for the improvement that the structure or structural 2959
materials, or any part thereof, shall become the property of the 2960
contractor, the director may so proceed. 2961

       ~~(D)~~(C)(1) Any item ~~specified in division (A), (B), or (C) of~~ 2962
~~this section that has an estimated market value greater than one~~ 2963
~~thousand dollars and~~ that has not been sold or transferred as 2964
provided in ~~those divisions~~division (B) of this section may be 2965
sold at a public sale, as determined by the director. The director 2966
may authorize such sale by the ~~district~~ deputy directors of 2967
transportation, and the proceedings of such sale shall be 2968
conducted in the same manner as provided for sales by the 2969
director. The director may establish a minimum price for any item 2970
to be sold and may establish any other terms, conditions, and 2971
manner for the sale of a particular item, which may be on any 2972
basis the director determines to be most advantageous to the 2973
department. The director may reject any offer or bid for an item. 2974
The director may remove any item from a sale if it develops that a 2975
public authority has a use for the item. In any notice of a sale, 2976
the director shall include a brief description of the item to be 2977
sold, the terms and conditions of the sale, and a statement of the 2978
time, place, and manner of the sale. 2979

       ~~Before making any sale under division (D)(1) of this section~~ 2980
(2)(a) If, in the opinion of the director, any item to be sold has 2981
an estimated fair market value in excess of one thousand dollars, 2982
the director shall ~~give~~post a notice of the sale ~~by posting~~, for 2983
not less than ten days, ~~a written, typed, or printed invitation to~~ 2984
~~bidders on a traditional or electronic bulletin board in the~~ 2985
~~offices~~on the official web site of the department. ~~The bulletin~~ 2986
~~board shall be located in a place open to the public during normal~~ 2987
~~business hours~~If the district where the property is located 2988
maintains a web site, notice of the sale also shall be posted on 2989
that web site. At least ten days before ~~bids are to be received~~ 2990
the sale, the director also shall publish one notice of the sale 2991
in a periodical or newspaper of general circulation in the region 2992
in which the items are located. ~~The invitation to bidders and the~~ 2993
~~published notice of the sale shall contain a brief description of~~ 2994
~~the items to be sold and a statement of the time and place where~~ 2995
~~bids will be received. The director may receive bids and make such~~ 2996
~~sale on any basis the director determines is most advantageous to~~ 2997
~~the department. A sale under division (D)(1) of this section shall~~ 2998
~~be made to the highest responsible bidder. If, after invitations~~ 2999
~~are issued, it develops that any public authority has use for any~~ 3000
~~of the items, the director may reject all bids and dispose of the~~ 3001
~~items as set out in this section.~~ 3002

       ~~(2)~~(b) If, in the opinion of the director, any item ~~specified~~ 3003
~~in division (A), (B), or (C) of this section~~to be sold has an 3004
estimated fair market value of one thousand dollars or less, the 3005
director is not required to advertise the proposed sale except by 3006
notice posted on ~~a traditional or electronic bulletin board in one~~ 3007
~~or more offices~~the official web site of the department. ~~The~~ 3008
~~bulletin board shall be located in a place open to the public~~ 3009
~~during normal business hours.~~ The notice shall be posted for at 3010
least five working days ~~and shall contain a brief description of~~ 3011
~~the items to be sold and a statement of the time and place where~~ 3012
~~bids will be received. The director may receive bids and make such~~ 3013
~~sale on any basis the director determines is most advantageous to~~ 3014
~~the department. Sale of any item using this method of advertising~~ 3015
~~shall be made to the highest responsible bidder. If it develops~~ 3016
~~that any public authority has use for any of the items, the~~ 3017
~~director may reject all bids and dispose of the items as set out~~ 3018
~~in this section~~. 3019

       ~~(E)~~(D) Proceeds of any sale described in this section shall 3020
be paid into the state treasury to the credit of the ~~state~~ highway 3021
operating fund or any other fund of the department as determined 3022
by the director. 3023

       (E) Once each year, the state board of education shall 3024
provide the director with a current list of the addresses of all 3025
school districts and educational service centers in the state. 3026

       (F) As used in this section~~, "school~~: 3027

       (1) "Personal property" means any structure or structural 3028
material, machinery, tools, equipment, parts, material, office 3029
furniture, supplies, passenger vehicle, van, truck, trailer, or 3030
other heavy equipment of the department; 3031

       (2) "School district" means any city school district, local 3032
school district, exempted village school district, cooperative 3033
education school district, and joint vocational school district, 3034
as defined in Chapter 3311. of the Revised Code. ~~Once each year,~~ 3035
~~the state board of education shall provide the director with a~~ 3036
~~current list of the addresses of all school districts and~~ 3037
~~educational service centers in the state.~~ 3038

       (3) "Sale" means fixed price sale, live or internet auction, 3039
or any other type of sale determined by the director. 3040

       Sec. 5525.01. Before entering into a contract the director 3041
of transportation shall advertise for bids for two consecutive 3042
weeks in one newspaper of general circulation published in the 3043
county in which the improvement or part thereof is located, but if 3044
there is no such newspaper then in one newspaper having general 3045
circulation in an adjacent county. The director may advertise for 3046
bids in such other publications as the director considers 3047
advisable. Such notices shall state that plans and specifications 3048
for the improvement are on file in the office of the director and 3049
the district deputy director of the district in which the 3050
improvement or part thereof is located and the time within which 3051
bids therefor will be received. 3052

       Each bidder shall be required to file with the bidder's bid a 3053
bid guaranty in the form of a certified check or cashier's check 3054
for an amount equal to five per cent of the bidder's bid, but in 3055
no event more than fifty thousand dollars, or a bid bond for ten 3056
per cent of the bidder's bid, payable to the director, which check 3057
or bond shall be forthwith returned to the bidder in case the 3058
contract is awarded to another bidder, or, in case of a successful 3059
bidder, when the bidder has entered into a contract and furnished 3060
the bonds required by section 5525.16 of the Revised Code. In the 3061
event the contract is awarded to a bidder, and the bidder fails or 3062
refuses to furnish the bonds as required by section 5525.16 of the 3063
Revised Code, the check or bid bond filed with the bidder's bid 3064
shall be forfeited as liquidated damages. No bidder shall be 3065
required either to file a signed contract with the bidder's bid, 3066
to enter into a contract, or to furnish the contract performance 3067
bond and the payment bond required by that section until the bids 3068
have been opened and the bidder has been notified by the director 3069
that the bidder is awarded the contract. 3070

       The director shall permit a bidder to withdraw the bidder's 3071
bid from consideration, without forfeiture of the certified check 3072
or bid bond filed with the bid, providing a written request 3073
together with a sworn statement of the grounds for such withdrawal 3074
is delivered within forty-eight hours after the time established 3075
for the receipt of bids, and if the price bid was substantially 3076
lower than the other bids, providing the bid was submitted in good 3077
faith, and the reason for the price bid being substantially lower 3078
was a clerical mistake evident on the face of the bid, as opposed 3079
to a judgment mistake, and was actually due to an unintentional 3080
and substantial arithmetic error or an unintentional omission of a 3081
substantial quantity of work, labor, or material made directly in 3082
the compilation of the bid. In the event the director decides the 3083
conditions for withdrawal have not been met, the director may 3084
award the contract to such bidder. If such bidder does not then 3085
enter into a contract and furnish the contract bond as required by 3086
law, the director may declare forfeited the certified check or bid 3087
bond as liquidated damages and award the contract to the next 3088
higher bidder or reject the remaining bids and readvertise the 3089
project for bids. Such bidder may, within thirty days, appeal the 3090
decision of the director to the court of common pleas of Franklin 3091
county and the court may affirm or reverse the decision of the 3092
director and may order the director to refund the amount of the 3093
forfeiture. At the hearing before the common pleas court evidence 3094
may be introduced for and against the decision of the director. 3095
The decision of the common pleas court may be appealed as in other 3096
cases. 3097

       The director shall require all bidders to furnish the 3098
director ~~under oath~~, upon such ~~printed~~ forms as the director may 3099
prescribe, detailed information with respect to all pending work 3100
of the bidder, whether with the department of transportation or 3101
otherwise, together with such other information as the director 3102
considers necessary. 3103

       In the event a bidder fails to submit anything required to be 3104
submitted with the bid and then fails or refuses to so submit such 3105
at the request of the director, the failure or refusal constitutes 3106
grounds for the director, in the director's discretion, to declare 3107
as forfeited the bid guaranty submitted with the bid. 3108

       The director may reject any or all bids. Except in regard to 3109
contracts for environmental remediation and specialty work for 3110
which there are no classes of work set out in the rules adopted by 3111
the director, if the director awards the contract, the director 3112
shall award it to the lowest competent and responsible bidder as 3113
defined by rules adopted by the director under section 5525.05 of 3114
the Revised Code, who is qualified to bid under sections 5525.02 3115
to 5525.09 of the Revised Code. In regard to contracts for 3116
environmental remediation and specialty work for which there are 3117
no classes of work set out in the rules adopted by the director, 3118
the director shall competitively bid the projects in accordance 3119
with this chapter and shall award the contracts to the lowest and 3120
best bidder. 3121

       The award for all projects competitively let by the director 3122
under this section shall be made within ten days after the date on 3123
which the bids are opened, and the successful bidder shall enter 3124
into a contract and furnish a contract performance bond and a 3125
payment bond, as provided for in section 5525.16 of the Revised 3126
Code, within ten days after the bidder is notified that the bidder 3127
has been awarded the contract. 3128

       The director may insert in any contract awarded under this 3129
chapter a clause providing for value engineering change proposals, 3130
under which a contractor who has been awarded a contract may 3131
propose a change in the plans and specifications of the project 3132
that saves the department time or money on the project without 3133
impairing any of the essential functions and characteristics of 3134
the project such as service life, reliability, economy of 3135
operation, ease of maintenance, safety, and necessary standardized 3136
features. If the director adopts the value engineering proposal, 3137
the savings from the proposal shall be divided between the 3138
department and the contractor according to guidelines established 3139
by the director, provided that the contractor shall receive at 3140
least fifty per cent of the savings from the proposal. The 3141
adoption of a value engineering proposal does not invalidate the 3142
award of the contract or require the director to rebid the 3143
project. 3144

       Sec. 5525.10. NoExcept as provided in section 5525.15 of 3145
the Revised Code, no contract for any road improvement shall be 3146
awarded for a greater sum than the estimated cost thereof plus 3147
five per cent. The bids received for an improvement shall be 3148
opened at the time and place stated in the notice and the bids 3149
shall conform to such other requirements as the director of 3150
transportation prescribes. If no acceptable bid is made the 3151
director may readvertise the work at the original estimate or 3152
amend the estimate and again proceed to advertise for bids. The 3153
director may contract for the construction or improvement of 3154
bridges and culverts or the grading required in connection with an 3155
improvement and may defer making contracts for the remainder of 3156
said improvement until such grade has become stable and solid. 3157

       Sec. 5525.15. The director of transportation may provide 3158
that the estimate of cost of any project to be constructed by the 3159
department by the taking of bids and awarding of contracts shall 3160
be confidential information and so remain until after all bids on 3161
the project have been received. The estimate then shall be 3162
publicly read prior to the opening of the bids of the subject. 3163

       When the director exercises the authority conferred by this 3164
section, all information with respect to the total estimate of 3165
cost of the project to be built by contract and with respect to 3166
the estimate of cost of any particular item of work involved 3167
therein shall be kept and regarded by the director and all the 3168
director's subordinates as confidential, and shall not be revealed 3169
to any person not employed in the department, or by the United 3170
States department of transportation in the case of projects 3171
financed in whole or part by federal funds, until after the bids 3172
on the project have been opened and read. Section 5517.01 of the 3173
Revised Code with respect to the public inspection of estimates of 3174
cost prior to the opening of bids and with respect to filing 3175
estimates of cost in the office of the district deputy director of 3176
transportation does not apply when the authority conferred by this 3177
section is exercised. This section does not prohibit the 3178
department from furnishing estimates of cost to counties, 3179
municipal corporations, or other local political subdivisions or 3180
to railroad or railway companies proposing to pay any portion of 3181
the cost of an improvement. 3182

       Section 5525.10 of the Revised Code, which provides that no 3183
contract for any improvement shall be awarded for a greater sum 3184
than the estimated cost thereof plus five per cent, does not apply 3185
in the case of any project with respect to which the authority 3186
conferred by this section is exercised. In cases in which the 3187
authority conferred by this section is exercised and in which the 3188
bid of the successful bidder exceeds the estimate, the director, 3189
before entering into a contract, shall determine that the bid of 3190
the successful bidder is fair and reasonable, and as long as the 3191
federal government imposes regulation on prices charged for 3192
construction service, shall require the successful bidder to 3193
certify that the bidder's bid does not exceed the maximum 3194
permitted by such federal regulation. 3195

       Sec. 5531.09. (A) The state infrastructure bank shall 3196
consist of the highway and transit infrastructure bank fund, the 3197
aviation infrastructure bank fund, the rail infrastructure bank 3198
fund, and the infrastructure bank obligations fund, which are 3199
hereby created as funds of the state treasury, to be administered 3200
by the director of transportation and used for the purposes 3201
described in division (B) of this section. The highway and transit 3202
infrastructure bank fund, the aviation infrastructure bank fund, 3203
and the rail infrastructure bank fund shall consist of federal 3204
grants and awards or other assistance received by the state and 3205
eligible for deposit therein under applicable federal law, 3206
payments received by the department in connection with providing 3207
financial assistance for qualifying projects under division (B) of 3208
this section, and such other amounts as may be provided by law. 3209
The infrastructure bank obligations fund shall consist of such 3210
amounts of the proceeds of obligations issued under section 3211
5531.10 of the Revised Code as the director of transportation 3212
determines with the advice of the director of budget and 3213
management; and such other amounts as may be provided by law. The 3214
director of budget and management, upon the request of the 3215
director of transportation, may transfer amounts between the funds 3216
created in this division, except the infrastructure bank 3217
obligations fund. The investment earnings of each fund created by 3218
this division shall be credited to such fund. 3219

       (B) The director of transportation shall use the state 3220
infrastructure bank to encourage public and private investment in 3221
transportation facilities that contribute to the multi-modal and 3222
intermodal transportation capabilities of the state, develop a 3223
variety of financing techniques designed to expand the 3224
availability of funding resources and to reduce direct state 3225
costs, maximize private and local participation in financing 3226
projects, and improve the efficiency of the state transportation 3227
system by using and developing the particular advantages of each 3228
transportation mode to the fullest extent. In furtherance of these 3229
purposes, the director shall use the state infrastructure bank to 3230
provide financial assistance to public or private entities for 3231
qualified projects. Such assistance shall be in the form of loans, 3232
loan guarantees, letters of credit, leases, lease-purchase 3233
agreements, interest rate subsidies, debt service reserves, and 3234
such other forms as the director determines to be appropriate. All 3235
fees, charges, rates of interest, payment schedules, security for, 3236
and other terms and conditions relating to such assistance shall 3237
be determined by the director. The highway and transit 3238
infrastructure bank fund, the aviation infrastructure bank fund, 3239
and the rail infrastructure bank fund may be used to pay debt 3240
service on obligations whose proceeds have been deposited into the 3241
infrastructure bank obligations fund. 3242

       (C) The director of transportation shall adopt rules 3243
establishing guidelines necessary for the implementation and 3244
exercise of the authority granted by this section, including rules 3245
for receiving, reviewing, evaluating, and selecting projects for 3246
which financial assistance may be approved. 3247

       (D) As used in this section and in section 5531.10 of the 3248
Revised Code, "qualified project" means any public or private 3249
transportation project as determined by the director of 3250
transportation, including, without limitation, planning, 3251
environmental impact studies, engineering, construction, 3252
reconstruction, resurfacing, restoring, rehabilitation, or 3253
replacement of public or private transportation facilities within 3254
the state, studying the feasibility thereof, and the acquisition 3255
of real or personal property or interests therein; any highway, 3256
public transit, aviation, rail, or other transportation project 3257
eligible for financing or aid under any federal or state program; 3258
and any project involving the maintaining, repairing, improving, 3259
or construction of any public or private highway, road, street, 3260
parkway, public transit, aviation, or rail project, and any 3261
related rights-of-way, bridges, tunnels, railroad-highway 3262
crossings, drainage structures, signs, guardrails, or protective 3263
structures. 3264

       (E) The general assembly finds that state infrastructure 3265
projects, as defined in division (A)(8) of section 5531.10 of the 3266
Revised Code, and the state infrastructure bank, will materially 3267
contribute to the economic revitalization of areas of the state 3268
and result in improving the economic welfare of all the people of 3269
the state. Accordingly, it is declared to be the public purpose of 3270
the state, through operations under sections 5531.09 and 5531.10 3271
of the Revised Code, and other applicable laws adopted pursuant to 3272
Section 13 of Article VIII, Ohio Constitution, and other authority 3273
vested in the general assembly, to assist in and facilitate the 3274
purposes set forth in division (B) of section 5531.10 of the 3275
Revised Code, and to assist and cooperate with any governmental 3276
agency in achieving such ~~purpose~~purposes. 3277

       Sec. 5531.10. (A) As used in this chapter: 3278

       (1) "Bond proceedings" means the resolution, order, trust 3279
agreement, indenture, lease, lease-purchase agreements, and other 3280
agreements, amendments and supplements to the foregoing, or any 3281
one or more or combination thereof, authorizing or providing for 3282
the terms and conditions applicable to, or providing for the 3283
security or liquidity of, obligations issued pursuant to this 3284
section, and the provisions contained in such obligations. 3285

       (2) "Bond service charges" means principal, including 3286
mandatory sinking fund requirements for retirement of obligations, 3287
and interest, and redemption premium, if any, required to be paid 3288
by the state on obligations. 3289

       (3) "Bond service fund" means the applicable fund and 3290
accounts therein created for and pledged to the payment of bond 3291
service charges, which may be, or may be part of, the state 3292
infrastructure bank revenue bond service fund created by division 3293
(R) of this section including all moneys and investments, and 3294
earnings from investments, credited and to be credited thereto. 3295

       (4) "Issuing authority" means the treasurer of state, or the 3296
officer who by law performs the functions of the treasurer of 3297
state. 3298

       (5) "Obligations" means bonds, notes, or other evidence of 3299
obligation including interest coupons pertaining thereto, issued 3300
pursuant to this section. 3301

       (6) "Pledged receipts" means moneys accruing to the state 3302
from the lease, lease-purchase, sale, or other disposition, or 3303
use, of qualified projects, and from the repayment, including 3304
interest, of loans made from proceeds received from the sale of 3305
obligations; accrued interest received from the sale of 3306
obligations; income from the investment of the special funds; any 3307
gifts, grants, donations, and pledges, and receipts therefrom, 3308
available for the payment of bond service charges; and any amounts 3309
in the state infrastructure bank pledged to the payment of such 3310
charges. If the amounts in the state infrastructure bank are 3311
insufficient for the payment of such charges, "pledged receipts" 3312
also means moneys that are apportioned by the United States 3313
secretary of transportation under United States Code, Title XXIII, 3314
as amended, or any successor legislation, or under any other 3315
federal law relating to aid for highways, and that are to be 3316
received as a grant by the state, to the extent the state is not 3317
prohibited by state or federal law from using such moneys and the 3318
moneys are pledged to the payment of such bond service charges. 3319

       (7) "Special funds" or "funds" means, except where the 3320
context does not permit, the bond service fund, and any other 3321
funds, including reserve funds, created under the bond 3322
proceedings, and the state infrastructure bank revenue bond 3323
service fund created by division (R) of this section to the extent 3324
provided in the bond proceedings, including all moneys and 3325
investments, and earnings from investment, credited and to be 3326
credited thereto. 3327

       (8) "State infrastructure project" means any public 3328
transportation project undertaken by the state, including, but not 3329
limited to, all components of any such project, as described in 3330
division (D) of section 5131.09 of the Revised Code. 3331

       (B) The issuing authority, after giving written notice to the 3332
director of budget and management and upon the certification by 3333
the director of transportation to the issuing authority of the 3334
amount of moneys or additional moneys needed either for state 3335
infrastructure projects or to provide financial assistance for any 3336
of the purposes for which the state infrastructure bank may be 3337
used under section 5531.09 of the Revised Code, or needed for 3338
capitalized interest, funding reserves, and paying costs and 3339
expenses incurred in connection with the issuance, carrying, 3340
securing, paying, redeeming, or retirement of the obligations or 3341
any obligations refunded thereby, including payment of costs and 3342
expenses relating to letters of credit, lines of credit, 3343
insurance, put agreements, standby purchase agreements, indexing, 3344
marketing, remarketing and administrative arrangements, interest 3345
swap or hedging agreements, and any other credit enhancement, 3346
liquidity, remarketing, renewal, or refunding arrangements, all of 3347
which are authorized by this section, shall issue obligations of 3348
the state under this section in the required amount. The proceeds 3349
of such obligations, except for the portion to be deposited in 3350
special funds, including reserve funds, as may be provided in the 3351
bond proceedings, shall as provided in the bond proceedings be 3352
credited to the infrastructure bank obligations fund of the state 3353
infrastructure bank created by section 5531.09 of the Revised Code 3354
and disbursed as provided in the bond proceedings for such 3355
obligations. The issuing authority may appoint trustees, paying 3356
agents, transfer agents, and authenticating agents, and may retain 3357
the services of financial advisors, accounting experts, and 3358
attorneys, and retain or contract for the services of marketing, 3359
remarketing, indexing, and administrative agents, other 3360
consultants, and independent contractors, including printing 3361
services, as are necessary in the issuing authority's judgment to 3362
carry out this section. The costs of such services are payable 3363
from funds of the state infrastructure bank. 3364

       (C) ~~The~~Except as otherwise provided in this division, the 3365
holders or owners of such obligations shall have no right to have 3366
moneys raised by taxation by the state of Ohio obligated or 3367
pledged, and moneys so raised shall not be obligated or pledged, 3368
for the payment of bond service charges. The municipal 3369
corporations and counties may pledge and obligate moneys received 3370
pursuant to sections 4501.04, 5709.42, 5709.79, 5735.23, 5735.27, 3371
and 5735.291 of the Revised Code to the payment of amounts payable 3372
by those municipal corporations and counties to the state 3373
infrastructure bank pursuant to section 5531.09 of the Revised 3374
Code, and the bond proceedings for obligations may provide that 3375
such payments shall constitute pledged receipts, provided such 3376
moneys are obligated, pledged, and paid only with respect to 3377
obligations issued exclusively for public transportation projects. 3378
The right of such holders and owners to the payment of bond 3379
service charges is limited to all or that portion of the pledged 3380
receipts and those special funds pledged thereto pursuant to the 3381
bond proceedings for such obligations in accordance with this 3382
section, and each such obligation shall bear on its face a 3383
statement to that effect. 3384

       (D) Obligations shall be authorized by order of the issuing 3385
authority and the bond proceedings shall provide for the purpose 3386
thereof and the principal amount or amounts, and shall provide for 3387
or authorize the manner or agency for determining the principal 3388
maturity or maturities, not exceeding twenty-five years from the 3389
date of issuance, the interest rate or rates or the maximum 3390
interest rate, the date of the obligations and the dates of 3391
payment of interest thereon, their denomination, and the 3392
establishment within or without the state of a place or places of 3393
payment of bond service charges. Sections 9.98 to 9.983 of the 3394
Revised Code are applicable to obligations issued under this 3395
section. The purpose of such obligations may be stated in the bond 3396
proceedings in terms describing the general purpose or purposes to 3397
be served. The bond proceedings also shall provide, subject to the 3398
provisions of any other applicable bond proceedings, for the 3399
pledge of all, or such part as the issuing authority may 3400
determine, of the pledged receipts and the applicable special fund 3401
or funds to the payment of bond service charges, which pledges may 3402
be made either prior or subordinate to other expenses, claims, or 3403
payments, and may be made to secure the obligations on a parity 3404
with obligations theretofore or thereafter issued, if and to the 3405
extent provided in the bond proceedings. The pledged receipts and 3406
special funds so pledged and thereafter received by the state 3407
immediately are subject to the lien of such pledge without any 3408
physical delivery thereof or further act, and the lien of any such 3409
pledges is valid and binding against all parties having claims of 3410
any kind against the state or any governmental agency of the 3411
state, irrespective of whether such parties have notice thereof, 3412
and shall create a perfected security interest for all purposes of 3413
Chapter 1309. of the Revised Code, without the necessity for 3414
separation or delivery of funds or for the filing or recording of 3415
the bond proceedings by which such pledge is created or any 3416
certificate, statement, or other document with respect thereto; 3417
and the pledge of such pledged receipts and special funds is 3418
effective and the money therefrom and thereof may be applied to 3419
the purposes for which pledged without necessity for any act of 3420
appropriation. Every pledge, and every covenant and agreement made 3421
with respect thereto, made in the bond proceedings may therein be 3422
extended to the benefit of the owners and holders of obligations 3423
authorized by this section, and to any trustee therefor, for the 3424
further security of the payment of the bond service charges. 3425

       (E) The bond proceedings may contain additional provisions as 3426
to: 3427

       (1) The redemption of obligations prior to maturity at the 3428
option of the issuing authority at such price or prices and under 3429
such terms and conditions as are provided in the bond proceedings; 3430

       (2) Other terms of the obligations; 3431

       (3) Limitations on the issuance of additional obligations; 3432

       (4) The terms of any trust agreement or indenture securing 3433
the obligations or under which the same may be issued; 3434

       (5) The deposit, investment, and application of special 3435
funds, and the safeguarding of moneys on hand or on deposit, 3436
without regard to Chapter 131. or 135. of the Revised Code, but 3437
subject to any special provisions of this section with respect to 3438
particular funds or moneys, provided that any bank or trust 3439
company which acts as depository of any moneys in the special 3440
funds may furnish such indemnifying bonds or may pledge such 3441
securities as required by the issuing authority; 3442

       (6) Any or every provision of the bond proceedings being 3443
binding upon such officer, board, commission, authority, agency, 3444
department, or other person or body as may from time to time have 3445
the authority under law to take such actions as may be necessary 3446
to perform all or any part of the duty required by such provision; 3447

       (7) Any provision that may be made in a trust agreement or 3448
indenture; 3449

       (8) Any other or additional agreements with the holders of 3450
the obligations, or the trustee therefor, relating to the 3451
obligations or the security therefor, including the assignment of 3452
mortgages or other security relating to financial assistance for 3453
qualified projects under section 5531.09 of the Revised Code. 3454

       (F) The obligations may have the great seal of the state or a 3455
facsimile thereof affixed thereto or printed thereon. The 3456
obligations and any coupons pertaining to obligations shall be 3457
signed or bear the facsimile signature of the issuing authority. 3458
Any obligations or coupons may be executed by the person who, on 3459
the date of execution, is the proper issuing authority although on 3460
the date of such bonds or coupons such person was not the issuing 3461
authority. In case the issuing authority whose signature or a 3462
facsimile of whose signature appears on any such obligation or 3463
coupon ceases to be the issuing authority before delivery thereof, 3464
such signature or facsimile nevertheless is valid and sufficient 3465
for all purposes as if the former issuing authority had remained 3466
the issuing authority until such delivery; and in case the seal to 3467
be affixed to obligations has been changed after a facsimile of 3468
the seal has been imprinted on such obligations, such facsimile 3469
seal shall continue to be sufficient as to such obligations and 3470
obligations issued in substitution or exchange therefor. 3471

       (G) All obligations are negotiable instruments and securities 3472
under Chapter 1308. of the Revised Code, subject to the provisions 3473
of the bond proceedings as to registration. The obligations may be 3474
issued in coupon or in registered form, or both, as the issuing 3475
authority determines. Provision may be made for the registration 3476
of any obligations with coupons attached thereto as to principal 3477
alone or as to both principal and interest, their exchange for 3478
obligations so registered, and for the conversion or reconversion 3479
into obligations with coupons attached thereto of any obligations 3480
registered as to both principal and interest, and for reasonable 3481
charges for such registration, exchange, conversion, and 3482
reconversion. 3483

       (H) Obligations may be sold at public sale or at private 3484
sale, as determined in the bond proceedings. 3485

       (I) Pending preparation of definitive obligations, the 3486
issuing authority may issue interim receipts or certificates which 3487
shall be exchanged for such definitive obligations. 3488

       (J) In the discretion of the issuing authority, obligations 3489
may be secured additionally by a trust agreement or indenture 3490
between the issuing authority and a corporate trustee which may be 3491
any trust company or bank having its principal place of business 3492
within the state. Any such agreement or indenture may contain the 3493
order authorizing the issuance of the obligations, any provisions 3494
that may be contained in any bond proceedings, and other 3495
provisions which are customary or appropriate in an agreement or 3496
indenture of such type, including, but not limited to: 3497

       (1) Maintenance of each pledge, trust agreement, indenture, 3498
or other instrument comprising part of the bond proceedings until 3499
the state has fully paid the bond service charges on the 3500
obligations secured thereby, or provision therefor has been made; 3501

       (2) In the event of default in any payments required to be 3502
made by the bond proceedings, or any other agreement of the 3503
issuing authority made as a part of the contract under which the 3504
obligations were issued, enforcement of such payments or agreement 3505
by mandamus, the appointment of a receiver, suit in equity, action 3506
at law, or any combination of the foregoing; 3507

       (3) The rights and remedies of the holders of obligations and 3508
of the trustee, and provisions for protecting and enforcing them, 3509
including limitations on the rights of individual holders of 3510
obligations; 3511

       (4) The replacement of any obligations that become mutilated 3512
or are destroyed, lost, or stolen; 3513

       (5) Such other provisions as the trustee and the issuing 3514
authority agree upon, including limitations, conditions, or 3515
qualifications relating to any of the foregoing. 3516

       (K) Any holder of obligations or a trustee under the bond 3517
proceedings, except to the extent that the holder's or trustee's 3518
rights are restricted by the bond proceedings, may by any suitable 3519
form of legal proceedings, protect and enforce any rights under 3520
the laws of this state or granted by such bond proceedings. Such 3521
rights include the right to compel the performance of all duties 3522
of the issuing authority and the director of transportation 3523
required by the bond proceedings or sections 5531.09 and 5531.10 3524
of the Revised Code; to enjoin unlawful activities; and in the 3525
event of default with respect to the payment of any bond service 3526
charges on any obligations or in the performance of any covenant 3527
or agreement on the part of the issuing authority or the director 3528
of transportation in the bond proceedings, to apply to a court 3529
having jurisdiction of the cause to appoint a receiver to receive 3530
and administer the pledged receipts and special funds, other than 3531
those in the custody of the treasurer of state, which are pledged 3532
to the payment of the bond service charges on such obligations or 3533
which are the subject of the covenant or agreement, with full 3534
power to pay, and to provide for payment of bond service charges 3535
on, such obligations, and with such powers, subject to the 3536
direction of the court, as are accorded receivers in general 3537
equity cases, excluding any power to pledge additional revenues or 3538
receipts or other income or moneys of the state or local 3539
governmental entities, or agencies thereof, to the payment of such 3540
principal and interest and excluding the power to take possession 3541
of, mortgage, or cause the sale or otherwise dispose of any 3542
project facilities. 3543

       Each duty of the issuing authority and the issuing 3544
authority's officers and employees, and of each state or local 3545
governmental agency and its officers, members, or employees, 3546
undertaken pursuant to the bond proceedings or any loan, loan 3547
guarantee, lease, lease-purchase agreement, or other agreement 3548
made under authority of section 5531.09 of the Revised Code, and 3549
in every agreement by or with the issuing authority, is hereby 3550
established as a duty of the issuing authority, and of each such 3551
officer, member, or employee having authority to perform such 3552
duty, specifically enjoined by the law resulting from an office, 3553
trust, or station within the meaning of section 2731.01 of the 3554
Revised Code. 3555

       The person who is at the time the issuing authority, or the 3556
issuing authority's officers or employees, are not liable in their 3557
personal capacities on any obligations issued by the issuing 3558
authority or any agreements of or with the issuing authority. 3559

       (L) The issuing authority may authorize and issue obligations 3560
for the refunding, including funding and retirement, and advance 3561
refunding with or without payment or redemption prior to maturity, 3562
of any obligations previously issued by the issuing authority. 3563
Such obligations may be issued in amounts sufficient for payment 3564
of the principal amount of the prior obligations, any redemption 3565
premiums thereon, principal maturities of any such obligations 3566
maturing prior to the redemption of the remaining obligations on a 3567
parity therewith, interest accrued or to accrue to the maturity 3568
dates or dates of redemption of such obligations, and any expenses 3569
incurred or to be incurred in connection with such issuance and 3570
such refunding, funding, and retirement. Subject to the bond 3571
proceedings therefor, the portion of proceeds of the sale of 3572
obligations issued under this division to be applied to bond 3573
service charges on the prior obligations shall be credited to an 3574
appropriate account held by the trustee for such prior or new 3575
obligations or to the appropriate account in the bond service fund 3576
for such obligations. Obligations authorized under this division 3577
shall be deemed to be issued for those purposes for which such 3578
prior obligations were issued and are subject to the provisions of 3579
this section pertaining to other obligations, except as otherwise 3580
provided in this section. The last maturity of obligations 3581
authorized under this division shall not be later than twenty-five 3582
years from the date of issuance of the original securities issued 3583
for the original purpose. 3584

       (M) The authority to issue obligations under this section 3585
includes authority to issue obligations in the form of bond 3586
anticipation notes and to renew the same from time to time by the 3587
issuance of new notes. The holders of such notes or interest 3588
coupons pertaining thereto shall have a right to be paid solely 3589
from the pledged receipts and special funds that may be pledged to 3590
the payment of the bonds anticipated, or from the proceeds of such 3591
bonds or renewal notes, or both, as the issuing authority provides 3592
in the order authorizing such notes. Such notes may be 3593
additionally secured by covenants of the issuing authority to the 3594
effect that the issuing authority and the state will do such or 3595
all things necessary for the issuance of such bonds or renewal 3596
notes in the appropriate amount, and apply the proceeds thereof to 3597
the extent necessary, to make full payment of the principal of and 3598
interest on such notes at the time or times contemplated, as 3599
provided in such order. For such purpose, the issuing authority 3600
may issue bonds or renewal notes in such principal amount and upon 3601
such terms as may be necessary to provide funds to pay when 3602
required the principal of and interest on such notes, 3603
notwithstanding any limitations prescribed by or for purposes of 3604
this section. Subject to this division, all provisions for and 3605
references to obligations in this section are applicable to notes 3606
authorized under this division. 3607

       The issuing authority in the bond proceedings authorizing the 3608
issuance of bond anticipation notes shall set forth for such bonds 3609
an estimated interest rate and a schedule of principal payments 3610
for such bonds and the annual maturity dates thereof. 3611

       (N) Obligations issued under this section are lawful 3612
investments for banks, societies for savings, savings and loan 3613
associations, deposit guarantee associations, trust companies, 3614
trustees, fiduciaries, insurance companies, including domestic for 3615
life and domestic not for life, trustees or other officers having 3616
charge of sinking and bond retirement or other special funds of 3617
political subdivisions and taxing districts of this state, the 3618
commissioners of the sinking fund of the state, the administrator 3619
of workers' compensation ~~in accordance with the investment policy~~ 3620
~~established by the workers' compensation oversight commission~~ 3621
~~pursuant to section 4121.12 of the Revised Code~~, the state 3622
teachers retirement system, the public employees retirement 3623
system, the school employees retirement system, and the Ohio 3624
police and fire pension fund, notwithstanding any other provisions 3625
of the Revised Code or rules adopted pursuant thereto by any 3626
agency of the state with respect to investments by them, and are 3627
also acceptable as security for the deposit of public moneys. 3628

       (O) Unless otherwise provided in any applicable bond 3629
proceedings, moneys to the credit of or in the special funds 3630
established by or pursuant to this section may be invested by or 3631
on behalf of the issuing authority only in notes, bonds, or other 3632
obligations of the United States, or of any agency or 3633
instrumentality of the United States, obligations guaranteed as to 3634
principal and interest by the United States, obligations of this 3635
state or any political subdivision of this state, and certificates 3636
of deposit of any national bank located in this state and any 3637
bank, as defined in section 1101.01 of the Revised Code, subject 3638
to inspection by the superintendent of financial institutions. If 3639
the law or the instrument creating a trust pursuant to division 3640
(J) of this section expressly permits investment in direct 3641
obligations of the United States or an agency of the United 3642
States, unless expressly prohibited by the instrument, such moneys 3643
also may be invested in no-front-end-load money market mutual 3644
funds consisting exclusively of obligations of the United States 3645
or an agency of the United States and in repurchase agreements, 3646
including those issued by the fiduciary itself, secured by 3647
obligations of the United States or an agency of the United 3648
States; and in collective investment funds as defined in division 3649
(A) of section 1111.01 of the Revised Code and consisting 3650
exclusively of any such securities. The income from such 3651
investments shall be credited to such funds as the issuing 3652
authority determines, and such investments may be sold at such 3653
times as the issuing authority determines or authorizes. 3654

       (P) Provision may be made in the applicable bond proceedings 3655
for the establishment of separate accounts in the bond service 3656
fund and for the application of such accounts only to the 3657
specified bond service charges on obligations pertinent to such 3658
accounts and bond service fund and for other accounts therein 3659
within the general purposes of such fund. Unless otherwise 3660
provided in any applicable bond proceedings, moneys to the credit 3661
of or in the several special funds established pursuant to this 3662
section shall be disbursed on the order of the treasurer of state, 3663
provided that no such order is required for the payment from the 3664
bond service fund when due of bond service charges on obligations. 3665

       (Q)(1) The issuing authority may pledge all, or such portion 3666
as the issuing authority determines, of the pledged receipts to 3667
the payment of bond service charges on obligations issued under 3668
this section, and for the establishment and maintenance of any 3669
reserves, as provided in the bond proceedings, and make other 3670
provisions therein with respect to pledged receipts as authorized 3671
by this chapter, which provisions are controlling notwithstanding 3672
any other provisions of law pertaining thereto. 3673

       (2) An action taken under division (Q)(2) of this section 3674
does not limit the generality of division (Q)(1) of this section, 3675
and is subject to division (C) of this section and, if and to the 3676
extent otherwise applicable, Section 13 of Article VIII, Ohio 3677
Constitution. The bond proceedings may contain a covenant that, in 3678
the event the pledged receipts primarily pledged and required to 3679
be used for the payment of bond service charges on obligations 3680
issued under this section, and for the establishment and 3681
maintenance of any reserves, as provided in the bond proceedings, 3682
are insufficient to make any such payment in full when due, or to 3683
maintain any such reserve, the director of transportation shall so 3684
notify the governor, and shall determine to what extent, if any, 3685
the payment may be made or moneys may be restored to the reserves 3686
from lawfully available moneys previously appropriated for that 3687
purpose to the department of transportation. The covenant also may 3688
provide that if the payments are not made or the moneys are not 3689
immediately and fully restored to the reserves from such moneys, 3690
the director shall promptly submit to the governor and to the 3691
director of budget and management a written request for either or 3692
both of the following: 3693

       (a) That the next biennial budget submitted by the governor 3694
to the general assembly include an amount to be appropriated from 3695
lawfully available moneys to the department for the purpose of and 3696
sufficient for the payment in full of bond service charges 3697
previously due and for the full replenishment of the reserves; 3698

       (b) That the general assembly be requested to increase 3699
appropriations from lawfully available moneys for the department 3700
in the current biennium sufficient for the purpose of and for the 3701
payment in full of bond service charges previously due and to come 3702
due in the biennium and for the full replenishment of the 3703
reserves. 3704

       The director of transportation shall include with such 3705
requests a recommendation that the payment of the bond service 3706
charges and the replenishment of the reserves be made in the 3707
interest of maximizing the benefits of the state infrastructure 3708
bank. Any such covenant shall not obligate or purport to obligate 3709
the state to pay the bond service charges on such bonds or notes 3710
or to deposit moneys in a reserve established for such payments 3711
other than from moneys that may be lawfully available and 3712
appropriated for that purpose during the then-current biennium. 3713

       (R) There is hereby created the state infrastructure bank 3714
revenue bond service fund, which shall be in the custody of the 3715
treasurer of state but shall not be a part of the state treasury. 3716
All moneys received by or on account of the issuing authority or 3717
state agencies and required by the applicable bond proceedings, 3718
consistent with this section, to be deposited, transferred, or 3719
credited to the bond service fund, and all other moneys 3720
transferred or allocated to or received for the purposes of the 3721
fund, shall be deposited and credited to such fund and to any 3722
separate accounts therein, subject to applicable provisions of the 3723
bond proceedings, but without necessity for any act of 3724
appropriation. The state infrastructure bank revenue bond service 3725
fund is a trust fund and is hereby pledged to the payment of bond 3726
service charges to the extent provided in the applicable bond 3727
proceedings, and payment thereof from such fund shall be made or 3728
provided for by the treasurer of state in accordance with such 3729
bond proceedings without necessity for any act of appropriation. 3730

       (S) The obligations issued pursuant to this section, the 3731
transfer thereof, and the income therefrom, including any profit 3732
made on the sale thereof, shall at all times be free from taxation 3733
within this state. 3734

       Sec. 5537.161. Notwithstanding section 5537.16 of the 3735
Revised Code, the Ohio turnpike commission shall allow the 3736
operation on any turnpike project of a motor vehicle transporting 3737
two or fewer steel coils under a special permit issued by the 3738
director of transportation under section 4513.34 of the Revised 3739
Code. 3740

       Sec. 5537.17. (A) Each turnpike project open to traffic 3741
shall be maintained and kept in good condition and repair by the 3742
Ohio turnpike commission. The Ohio turnpike system shall be 3743
policed and operated by a force of police, toll collectors, and 3744
other employees and agents that the commission employs or 3745
contracts for. 3746

       (B) All public or private property damaged or destroyed in 3747
carrying out the powers granted by this chapter shall be restored 3748
or repaired and placed in its original condition, as nearly as 3749
practicable, or adequate compensation or consideration made 3750
therefor out of moneys provided under this chapter. 3751

       (C) All governmental agencies may lease, lend, grant, or 3752
convey to the commission at its request, upon terms that the 3753
proper authorities of the governmental agencies consider 3754
reasonable and fair and without the necessity for an 3755
advertisement, order of court, or other action or formality, other 3756
than the regular and formal action of the authorities concerned, 3757
any property that is necessary or convenient to the effectuation 3758
of the purposes of the commission, including public roads and 3759
other property already devoted to public use. 3760

       (D) Each bridge constituting part of a turnpike project shall 3761
be inspected at least once each year by a professional engineer 3762
employed or retained by the commission. 3763

       (E) On or before the first day of ~~April~~July in each year, 3764
the commission shall make an annual report of its activities for 3765
the preceding calendar year to the governor and the general 3766
assembly. Each such report shall set forth a complete operating 3767
and financial statement covering the commission's operations 3768
during the year. The commission shall cause an audit of its books 3769
and accounts to be made at least once each year by certified 3770
public accountants, and the cost thereof may be treated as a part 3771
of the cost of operations of the commission. The auditor of state, 3772
at least once a year and without previous notice to the 3773
commission, shall audit the accounts and transactions of the 3774
commission. 3775

       (F) The commission shall submit a copy of its annual audit by 3776
the auditor of state and its proposed annual budget for each 3777
calendar or fiscal year to the governor, the presiding officers of 3778
each house of the general assembly, the director of budget and 3779
management, and ~~the legislative budget office of~~ the legislative 3780
service commission no later than the first day of that calendar or 3781
fiscal year. 3782

       Sec. 5543.02. The county engineer shall report to the board 3783
of county commissioners, on or before the first day of ~~April~~June 3784
in each year, the condition of the county roads, bridges, and 3785
culverts, and estimate the probable amount of funds required to 3786
maintain and repair or to construct any new roads, bridges, or 3787
culverts required within the county. 3788

       The engineer ~~shall~~, on or before the first day of ~~April~~June 3789
in each year, shall make an annual estimate for the board of 3790
township trustees of each township, setting forth the amount 3791
required by the township for the construction, reconstruction, 3792
resurfacing, or improvement of the public roads within their 3793
jurisdiction. Such estimates shall relate to the year beginning on 3794
the first day of March next ensuing, and shall be for the 3795
information of the board of county commissioners and board of 3796
township trustees, in the making of their annual levies. 3797

       The engineer shall approve all estimates which are paid from 3798
county funds for the construction, improvement, maintenance, and 3799
repair of roads and bridges by the county. HeThe engineer shall 3800
approve all estimates which are paid from township funds for the 3801
construction, reconstruction, resurfacing, or improving of roads 3802
under sections 5571.01, 5571.06, 5571.07, 5571.15, and 5573.01 to 3803
5573.09 of the Revised Code. HeThe engineer shall also approve 3804
all estimates which are paid from the funds of a road district for 3805
the construction, reconstruction, resurfacing, or improvement of 3806
the roads thereof under section 5573.21 of the Revised Code. 3807

       For the construction or repair of a bridge, the entire cost 3808
of which construction or repair exceeds fifty thousand dollars, 3809
the county engineer may request the director of transportation to 3810
review and comment on the plans for conformance with state and 3811
federal requirements. If so requested, the director shall review 3812
and comment on the plans. 3813

       Sec. 5735.05. (A) To provide revenue for maintaining the 3814
state highway system; to widen existing surfaces on such highways; 3815
to resurface such highways; to pay that portion of the 3816
construction cost of a highway project which a county, township, 3817
or municipal corporation normally would be required to pay, but 3818
which the director of transportation, pursuant to division (B) of 3819
section 5531.08 of the Revised Code, determines instead will be 3820
paid from moneys in the highway operating fund; to enable the 3821
counties of the state properly to plan, maintain, and repair their 3822
roads and to pay principal, interest, and charges on bonds and 3823
other obligations issued pursuant to Chapter 133. of the Revised 3824
Code or incurred pursuant to section 5531.09 of the Revised Code 3825
for highway improvements; to enable the municipal corporations to 3826
plan, construct, reconstruct, repave, widen, maintain, repair, 3827
clear, and clean public highways, roads, and streets, and to pay 3828
the principal, interest, and charges on bonds and other 3829
obligations issued pursuant to Chapter 133. of the Revised Code or 3830
incurred pursuant to section 5531.09 of the Revised Code for 3831
highway improvements; to enable the Ohio turnpike commission to 3832
construct, reconstruct, maintain, and repair turnpike projects; to 3833
maintain and repair bridges and viaducts; to purchase, erect, and 3834
maintain street and traffic signs and markers; to purchase, erect, 3835
and maintain traffic lights and signals; to pay the costs 3836
apportioned to the public under sections 4907.47 and 4907.471 of 3837
the Revised Code and to supplement revenue already available for 3838
such purposes; to pay the costs incurred by the public utilities 3839
commission in administering sections 4907.47 to 4907.476 of the 3840
Revised Code; to distribute equitably among those persons using 3841
the privilege of driving motor vehicles upon such highways and 3842
streets the cost of maintaining and repairing them; to pay the 3843
interest, principal, and charges on highway capital improvements 3844
bonds and other obligations issued pursuant to Section 2m of 3845
Article VIII, Ohio Constitution, and section 151.06 of the Revised 3846
Code; to pay the interest, principal, and charges on highway 3847
obligations issued pursuant to Section 2i of Article VIII, Ohio 3848
Constitution, and sections 5528.30 and 5528.31 of the Revised 3849
Code; to provide revenue for the purposes of sections 1547.71 to 3850
1547.78 of the Revised Code; and to pay the expenses of the 3851
department of taxation incident to the administration of the motor 3852
fuel laws, a motor fuel excise tax is hereby imposed on all motor 3853
fuel dealers upon receipt of motor fuel within this state at the 3854
rate of two cents plus the cents per gallon rate on each gallon so 3855
received, to be computed in the manner set forth in section 3856
5735.06 of the Revised Code; provided that no tax is hereby 3857
imposed upon the following transactions: 3858

       (1) The sale of dyed diesel fuel by a licensed motor fuel 3859
dealer from a location other than a retail service station 3860
provided the licensed motor fuel dealer places on the face of the 3861
delivery document or invoice, or both if both are used, a 3862
conspicuous notice stating that the fuel is dyed and is not for 3863
taxable use, and that taxable use of that fuel is subject to a 3864
penalty. The tax commissioner, by rule, may provide that any 3865
notice conforming to rules or regulations issued by the United 3866
States department of the treasury or the Internal Revenue Service 3867
is sufficient notice for the purposes of division (A)(1) of this 3868
section. 3869

       (2) The sale of K-1 kerosene to a retail service station, 3870
except when placed directly in the fuel supply tank of a motor 3871
vehicle. Such sale shall be rebuttably presumed to not be 3872
distributed or sold for use or used to generate power for the 3873
operation of motor vehicles upon the public highways or upon the 3874
waters within the boundaries of this state. 3875

       (3) The sale of motor fuel by a licensed motor fuel dealer to 3876
another licensed motor fuel dealer; 3877

       (4) The exportation of motor fuel by a licensed motor fuel 3878
dealer from this state to any other state or foreign country; 3879

       (5) The sale of motor fuel to the United States government or 3880
any of its agencies, except such tax as is permitted by it, where 3881
such sale is evidenced by an exemption certificate, in a form 3882
approved by the tax commissioner, executed by the United States 3883
government or an agency thereof certifying that the motor fuel 3884
therein identified has been purchased for the exclusive use of the 3885
United States government or its agency; 3886

       (6) The sale of motor fuel that is in the process of 3887
transportation in foreign or interstate commerce, except insofar 3888
as it may be taxable under the Constitution and statutes of the 3889
United States, and except as may be agreed upon in writing by the 3890
dealer and the commissioner; 3891

       (7) The sale of motor fuel when sold exclusively for use in 3892
the operation of aircraft, where such sale is evidenced by an 3893
exemption certificate prescribed by the commissioner and executed 3894
by the purchaser certifying that the motor fuel purchased has been 3895
purchased for exclusive use in the operation of aircraft; 3896

       (8) The sale for exportation of motor fuel by a licensed 3897
motor fuel dealer to a licensed exporter type A; 3898

       (9) The sale for exportation of motor fuel by a licensed 3899
motor fuel dealer to a licensed exporter type B, provided that the 3900
destination state motor fuel tax has been paid or will be accrued 3901
and paid by the licensed motor fuel dealer. 3902

       (10) The sale to a consumer of diesel fuel, by a motor fuel 3903
dealer for delivery from a bulk lot vehicle, for consumption in 3904
operating a vessel when the use of such fuel in a vessel would 3905
otherwise qualify for a refund under section 5735.14 of the 3906
Revised Code. 3907

       Division (A)(1) of this section does not apply to the sale or 3908
distribution of dyed diesel fuel used to operate a motor vehicle 3909
on the public highways or upon water within the boundaries of this 3910
state by persons permitted under regulations of the United States 3911
department of the treasury or of the Internal Revenue Service to 3912
so use dyed diesel fuel. 3913

       (B) The two cent motor fuel tax levied by this section is 3914
also for the purpose of paying the expenses of administering and 3915
enforcing the state law relating to the registration and operation 3916
of motor vehicles. 3917

       (C) After the tax provided for by this section on the receipt 3918
of any motor fuel has been paid by the motor fuel dealer, the 3919
motor fuel may thereafter be used, sold, or resold by any person 3920
having lawful title to it, without incurring liability for such 3921
tax. 3922

       If a licensed motor fuel dealer sells motor fuel received by 3923
the licensed motor fuel dealer to another licensed motor fuel 3924
dealer, the seller may deduct on the report required by section 3925
5735.06 of the Revised Code the number of gallons so sold for the 3926
month within which the motor fuel was sold or delivered. In this 3927
event the number of gallons is deemed to have been received by the 3928
purchaser, who shall report and pay the tax imposed thereon. 3929

       Sec. 5735.23. (A) Out of receipts from the tax levied by 3930
section 5735.05 of the Revised Code, the treasurer of state shall 3931
place to the credit of the tax refund fund established by section 3932
5703.052 of the Revised Code amounts equal to the refunds 3933
certified by the tax commissioner pursuant to sections 5735.13, 3934
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The 3935
treasurer of state shall then transfer the amount required by 3936
section 5735.051 of the Revised Code to the waterways safety fund, 3937
the amount required by section 4907.472 of the Revised Code to the 3938
grade crossing protection fund, and the amount required by section 3939
5735.053 of the Revised Code to the motor fuel tax administration 3940
fund. 3941

       (B) Except as provided in division (D) of this section, each 3942
month the balance of the receipts from the tax levied by section 3943
5735.05 of the Revised Code shall be credited, after receipt by 3944
the treasurer of state of certification from the commissioners of 3945
the sinking fund, as required by section 5528.35 of the Revised 3946
Code, that there are sufficient moneys to the credit of the 3947
highway obligations bond retirement fund to meet in full all 3948
payments of interest, principal, and charges for the retirement of 3949
highway obligations issued pursuant to Section 2i of Article VIII, 3950
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised 3951
Code due and payable during the current calendar year, as follows: 3952

       (1) To the state and local government highway distribution 3953
fund, which is hereby created in the state treasury, an amount 3954
that is the same percentage of the balance to be credited as that 3955
portion of the tax per gallon determined under division (B)(2)(a) 3956
of section 5735.06 of the Revised Code is of the total tax per 3957
gallon determined under divisions (B)(2)(a) and (b) of that 3958
section. 3959

       (2) After making the distribution to the state and local 3960
government highway distribution fund, the remainder shall be 3961
credited as follows: 3962

       (a) Thirty per cent to the gasoline excise tax fund for 3963
distribution pursuant to division (A)(1) of section 5735.27 of the 3964
Revised Code; 3965

       (b) Twenty-five per cent to the gasoline excise tax fund for 3966
distribution pursuant to division (A)(3) of section 5735.27 of the 3967
Revised Code; 3968

       (c) Except as provided in division (D) of this section, 3969
forty-five per cent to the highway operating fund for distribution 3970
pursuant to division (B)(1) of section 5735.27 of the Revised 3971
Code. 3972

       (C) From the balance in the state and local government 3973
highway distribution fund on the last day of each month there 3974
shall be paid the following amounts: 3975

       (1) To the local transportation improvement program fund 3976
created by section 164.14 of the Revised Code, an amount equal to 3977
a fraction of the balance in the state and local government 3978
highway distribution fund, the numerator of which fraction is one 3979
and the denominator of which fraction is that portion of the tax 3980
per gallon determined under division (B)(2)(a) of section 5735.06 3981
of the Revised Code; 3982

       (2) An amount equal to five cents multiplied by the number of 3983
gallons of motor fuel sold at stations operated by the Ohio 3984
turnpike commission, such gallonage to be certified by the 3985
commission to the treasurer of state not later than the last day 3986
of the month following. The funds paid to the commission pursuant 3987
to this section shall be expended for the construction, 3988
reconstruction, maintenance, and repair of turnpike projects, 3989
except that the funds may not be expended for the construction of 3990
new interchanges. The funds also may be expended for the 3991
construction, reconstruction, maintenance, and repair of those 3992
portions of connecting public roads that serve existing 3993
interchanges and are determined by the commission and the director 3994
of transportation to be necessary for the safe merging of traffic 3995
between the turnpike and those public roads. 3996

       The remainder of the balance shall be distributed as follows 3997
on the fifteenth day of the following month: 3998

       (a) Ten and seven-tenths per cent shall be paid to municipal 3999
corporations for distribution pursuant to division (A)(1) of 4000
section 5735.27 of the Revised Code and may be used for any 4001
purpose for which payments received under that division may be 4002
used. ~~Beginning August 15, 2004~~Through July 15, 2005, the sum of 4003
two hundred forty-eight thousand six hundred twenty-five dollars 4004
shall be monthly subtracted from the amount so computed and 4005
credited to the highway operating fund. Beginning August 15, 2005, 4006
the sum of seven hundred forty-five thousand eight hundred 4007
seventy-five dollars shall be monthly subtracted from the amount 4008
so computed and credited to the highway operating fund. 4009

       (b) Five per cent shall be paid to townships for distribution 4010
pursuant to division (A)(5) of section 5735.27 of the Revised Code 4011
and may be used for any purpose for which payments received under 4012
that division may be used. ~~Beginning August 15, 2004~~Through July 4013
15, 2005, the sum of eighty-seven thousand seven hundred fifty 4014
dollars shall be monthly subtracted from the amount so computed 4015
and credited to the highway operating fund. Beginning August 15, 4016
2005, the sum of two hundred sixty-three thousand two hundred 4017
fifty dollars shall be monthly subtracted from the amount so 4018
computed and credited to the highway operating fund. 4019

       (c) Nine and three-tenths per cent shall be paid to counties 4020
for distribution pursuant to division (A)(3) of section 5735.27 of 4021
the Revised Code and may be used for any purpose for which 4022
payments received under that division may be used. ~~Beginning~~ 4023
~~August 15, 2004~~Through July 15, 2005, the sum of two hundred 4024
forty-eight thousand six hundred twenty-five dollars shall be 4025
monthly subtracted from the amount so computed and credited to the 4026
highway operating fund. Beginning August 15, 2005, the sum of 4027
seven hundred forty-five thousand eight hundred seventy-five 4028
dollars shall be monthly subtracted from the amount so computed 4029
and credited to the highway operating fund. 4030

       (d) Except as provided in division (D) of this section, the 4031
balance shall be transferred to the highway operating fund and 4032
used for the purposes set forth in division (B)(1) of section 4033
5735.27 of the Revised Code. 4034

       (D) ~~Beginning on the first day of~~Monthly from September to 4035
February of each fiscal year, ~~any~~an amount equal to one-sixth of 4036
the amount certified in July of that year by the treasurer of 4037
state pursuant to division (Q) of section 151.01 of the Revised 4038
Code shall, from amounts required to be credited or transferred to 4039
the highway operating fund pursuant to division (B)(2)(c) or 4040
(C)(2)(d) of this section ~~shall~~, be credited or transferred to the 4041
highway capital improvement bond service fund created in section 4042
151.06 of the Revised Code. If, in any of those months, the amount 4043
available to be credited or transferred to the bond service fund 4044
is less than one-sixth of the amount so certified, the shortfall 4045
shall be added to the amount due the next succeeding month. Any 4046
amount still due at the end of the six-month period shall be 4047
credited or transferred as the money becomes available, until such 4048
time as the office of budget and management receives certification 4049
from the treasurer of state or the treasurer of state's designee 4050
that sufficient money has been credited or transferred to the bond 4051
service fund to meet in full all payments of debt service and 4052
financing costs due during the fiscal year from that fund. 4053

       Sec. 5735.25. To provide revenue for supplying the state's 4054
share of the cost of planning, constructing, widening, and 4055
reconstructing the state highways; for supplying the state's share 4056
of the cost of eliminating railway grade crossings upon such 4057
highways; to pay that portion of the construction cost of a 4058
highway project which a county, township, or municipal corporation 4059
normally would be required to pay, but which the director of 4060
transportation, pursuant to division (B) of section 5531.08 of the 4061
Revised Code, determines instead will be paid from moneys in the 4062
highway operating fund; to enable the counties and townships of 4063
the state to properly plan, construct, widen, reconstruct, and 4064
maintain their public highways, roads, and streets; to enable 4065
counties to pay principal, interest, and charges on bonds and 4066
other obligations issued pursuant to Chapter 133. of the Revised 4067
Code or incurred pursuant to section 5531.09 of the Revised Code 4068
for highway improvements; to enable municipal corporations to 4069
plan, construct, reconstruct, repave, widen, maintain, repair, 4070
clear, and clean public highways, roads, and streets; to enable 4071
municipal corporations to pay the principal, interest, and charges 4072
on bonds and other obligations issued pursuant to Chapter 133. of 4073
the Revised Code or incurred pursuant to section 5531.09 of the 4074
Revised Code for highway improvements; to maintain and repair 4075
bridges and viaducts; to purchase, erect, and maintain street and 4076
traffic signs and markers; to purchase, erect, and maintain 4077
traffic lights and signals; to pay the costs apportioned to the 4078
public under section 4907.47 of the Revised Code; to provide 4079
revenue for the purposes of sections 1547.71 to 1547.78 of the 4080
Revised Code and to supplement revenue already available for such 4081
purposes; to pay the expenses of the department of taxation 4082
incident to the administration of the motor fuel laws, to 4083
supplement revenue already available for such purposes, to pay the 4084
interest, principal, and charges on bonds and other obligations 4085
issued pursuant to Section 2g of Article VIII, Ohio Constitution, 4086
and sections 5528.10 and 5528.11 of the Revised Code; and to pay 4087
the interest, principal, and charges on highway obligations issued 4088
pursuant to Section 2i of Article VIII, Ohio Constitution, and 4089
sections 5528.30 and 5528.31 of the Revised Code, a motor fuel 4090
excise tax is hereby imposed on all motor fuel dealers upon their 4091
receipt of motor fuel within this state, at the rate of two cents 4092
per gallon on each gallon so received. This tax is subject to the 4093
specific exemptions set forth in this chapter of the Revised Code. 4094
It shall be reported, computed, paid, collected, administered, 4095
enforced, and refunded, and the failure properly and correctly to 4096
report and pay the tax shall be penalized, in exactly the same 4097
manner as is provided in this chapter. Such sections relating to 4098
motor fuel excise taxes are reenacted and incorporated as if 4099
specifically set forth in this section. The tax levied by this 4100
section shall be in addition to the tax imposed under this 4101
chapter. 4102

       Sec. 5735.27. (A) There is hereby created in the state 4103
treasury the gasoline excise tax fund, which shall be distributed 4104
in the following manner: 4105

       (1) The amount credited pursuant to divisions (B)(2)(a) and 4106
(C)(2)(a) of section 5735.23 of the Revised Code shall be 4107
distributed among municipal corporations. The amount paid to each 4108
municipal corporation shall be that proportion of the amount to be 4109
so distributed that the number of motor vehicles registered within 4110
such municipal corporation bears to the total number of motor 4111
vehicles registered within all the municipal corporations of this 4112
state during the preceding motor vehicle registration year. When a 4113
new village is incorporated, the registrar of motor vehicles shall 4114
determine from the applications on file in the bureau of motor 4115
vehicles the number of motor vehicles located within the territory 4116
comprising the village during the entire registration year in 4117
which such municipal corporation was incorporated. The registrar 4118
shall forthwith certify the number of motor vehicles so determined 4119
to the tax commissioner for use in distributing motor vehicle fuel 4120
tax funds to such village until such village is qualified to 4121
participate in the distribution of such funds pursuant to this 4122
division. The number of such motor vehicle registrations shall be 4123
determined by the official records of the bureau of motor 4124
vehicles. The amount received by each municipal corporation shall 4125
be used to plan, construct, reconstruct, repave, widen, maintain, 4126
repair, clear, and clean public highways, roads, and streets; to 4127
maintain and repair bridges and viaducts; to purchase, erect, and 4128
maintain street and traffic signs and markers; to pay the costs 4129
apportioned to the municipal corporation under section 4907.47 of 4130
the Revised Code; to purchase, erect, and maintain traffic lights 4131
and signals; to pay the principal, interest, and charges on bonds 4132
and other obligations issued pursuant to Chapter 133. of the 4133
Revised Code or incurred pursuant to section 5531.09 of the 4134
Revised Code for the purpose of acquiring or constructing roads, 4135
highways, bridges, or viaducts or acquiring or making other 4136
highway improvements for which the municipal corporation may issue 4137
bonds; and to supplement revenue already available for such 4138
purposes. 4139

       (2) The amount credited pursuant to division (B) of section 4140
5735.26 of the Revised Code shall be distributed among the 4141
municipal corporations within the state, in the proportion which 4142
the number of motor vehicles registered within each municipal 4143
corporation bears to the total number of motor vehicles registered 4144
within all the municipal corporations of the state during the 4145
preceding calendar year, as shown by the official records of the 4146
bureau of motor vehicles, and shall be expended by each municipal 4147
corporation to plan, construct, reconstruct, repave, widen, 4148
maintain, repair, clear, and clean public highways, roads and 4149
streets; to maintain and repair bridges and viaducts; to purchase, 4150
erect, and maintain street and traffic signs and markers; to 4151
purchase, erect, and maintain traffic lights and signals; to pay 4152
costs apportioned to the municipal corporation under section 4153
4907.47 of the Revised Code; to pay the principal, interest, and 4154
charges on bonds and other obligations issued pursuant to Chapter 4155
133. of the Revised Code or incurred pursuant to section 5531.09 4156
of the Revised Code for the purpose of acquiring or constructing 4157
roads, highways, bridges, or viaducts or acquiring or making other 4158
highway improvements for which the municipal corporation may issue 4159
bonds; and to supplement revenue already available for such 4160
purposes. 4161

       (3) The amount credited pursuant to divisions (B)(2)(b) and 4162
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in 4163
equal proportions to the county treasurer of each county within 4164
the state and shall be used only for the purposes of planning, 4165
maintaining, and repairing the county system of public roads and 4166
highways within such county; the planning, construction, and 4167
repair of walks or paths along county roads in congested areas; 4168
the planning, construction, purchase, lease, and maintenance of 4169
suitable buildings for the housing and repair of county road 4170
machinery, housing of supplies, and housing of personnel 4171
associated with the machinery and supplies; the payment of costs 4172
apportioned to the county under section 4907.47 of the Revised 4173
Code; the payment of principal, interest, and charges on bonds and 4174
other obligations issued pursuant to Chapter 133. of the Revised 4175
Code or incurred pursuant to section 5531.09 of the Revised Code 4176
for the purpose of acquiring or constructing roads, highways, 4177
bridges, or viaducts or acquiring or making other highway 4178
improvements for which the board of county commissioners may issue 4179
bonds under that chapter; and the purchase, installation, and 4180
maintenance of traffic signal lights. 4181

       (4) The amount credited pursuant to division (C) of section 4182
5735.26 of the Revised Code shall be paid in equal proportions to 4183
the county treasurer of each county for the purposes of planning, 4184
maintaining, constructing, widening, and reconstructing the county 4185
system of public roads and highways; paying principal, interest, 4186
and charges on bonds and other obligations issued pursuant to 4187
Chapter 133. of the Revised Code or incurred pursuant to section 4188
5531.09 of the Revised Code for the purpose of acquiring or 4189
constructing roads, highways, bridges, or viaducts or acquiring or 4190
making other highway improvements for which the board of county 4191
commissioners may issue bonds under such chapter; and paying costs 4192
apportioned to the county under section 4907.47 of the Revised 4193
Code. 4194

       (5)(a) The amount credited pursuant to division (D) of 4195
section 5735.26 and division (C)(2)(b) of section 5735.23 of the 4196
Revised Code shall be divided in equal proportions among the 4197
townships within the state. 4198

       (b) As used in division (A)(5)(b) of this section, the 4199
"formula amount" for any township is the amount that would be 4200
allocated to that township if fifty per cent of the amount 4201
credited to townships pursuant to section 5735.291 of the Revised 4202
Code were allocated among townships in the state proportionate to 4203
the number of lane miles within the boundaries of the respective 4204
townships, as determined annually by the department of 4205
transportation, and the other fifty per cent of the amount 4206
credited pursuant to section 5735.291 of the Revised Code were 4207
allocated among townships in the state proportionate to the number 4208
of motor vehicles registered within the respective townships, as 4209
determined annually by the records of the bureau of motor 4210
vehicles. 4211

       Beginning on August 15, 2003, the tax levied by section 4212
5735.29 of the Revised Code shall be partially allocated to 4213
provide funding for townships. Each township shall receive the 4214
greater of the following two calculations: 4215

       (i) The total statewide amount credited to townships under 4216
division (A) of section 5735.291 of the Revised Code divided by 4217
the number of townships in the state at the time of the 4218
calculation; 4219

       (ii) Seventy per cent of the formula amount for that 4220
township. 4221

       (c) The total difference between the amount of money credited 4222
to townships under division (A) of section 5735.291 of the Revised 4223
Code and the total amount of money required to make all the 4224
payments specified in division (A)(5)(b) of this section shall be 4225
deducted, in accordance with division (B) of section 5735.291 of 4226
the Revised Code, from the revenues resulting from the tax levied 4227
pursuant to section 5735.29 of the Revised Code prior to crediting 4228
portions of such revenues to counties, municipal corporations, and 4229
the highway operating fund. 4230

       (d) All amounts credited pursuant to divisions (a) and (b) of 4231
this section shall be paid to the county treasurer of each county 4232
for the total amount payable to the townships within each of the 4233
counties. The county treasurer shall pay to each township within 4234
the county its proportional share of the funds, which shall be 4235
expended by each township for the sole purpose of planning, 4236
constructing, maintaining, widening, and reconstructing the public 4237
roads and highways within such township, and paying costs 4238
apportioned to the township under section 4907.47 of the Revised 4239
Code. 4240

       No part of the funds shall be used for any purpose except to 4241
pay in whole or part the contract price of any such work done by 4242
contract, or to pay the cost of labor in planning, constructing, 4243
widening, and reconstructing such roads and highways, and the cost 4244
of materials forming a part of the improvement; provided, that 4245
such funds may be used for the purchase of road machinery and 4246
equipment and for the planning, construction, and maintenance of 4247
suitable buildings for housing road machinery and equipment, and 4248
that all such improvement of roads shall be under supervision and 4249
direction of the county engineer as provided in section 5575.07 of 4250
the Revised Code. No obligation against such funds shall be 4251
incurred unless plans and specifications for such improvement, 4252
approved by the county engineer, are on file in the office of the 4253
township clerk, and all contracts for material and for work done 4254
by contract shall be approved by the county engineer before being 4255
signed by the board of township trustees. The board of township 4256
trustees of any township may pass a resolution permitting the 4257
board of county commissioners to expend such township's share of 4258
the funds, or any portion thereof, for the improvement of such 4259
roads within the township as may be designated in the resolution. 4260

       All investment earnings of the fund shall be credited to the 4261
fund. 4262

       (B) Amounts credited to the highway operating fund pursuant 4263
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and 4264
division (A) of section 5735.26 of the Revised Code shall be 4265
expended in the following manner: 4266

       (1) The amount credited pursuant to divisions (B)(2)(c) and 4267
(C)(2)(d) of section 5735.23 of the Revised Code shall be 4268
apportioned to and expended by the department of transportation 4269
for the purposes of planning, maintaining, repairing, and keeping 4270
in passable condition for travel the roads and highways of the 4271
state required by law to be maintained by the department; paying 4272
the costs apportioned to the state under section 4907.47 of the 4273
Revised Code; paying that portion of the construction cost of a 4274
highway project which a county, township, or municipal corporation 4275
normally would be required to pay, but which the director of 4276
transportation, pursuant to division (B) of section 5531.08 of the 4277
Revised Code, determines instead will be paid from moneys in the 4278
highway operating fund; and paying the costs of the department of 4279
public safety in administering and enforcing the state law 4280
relating to the registration and operation of motor vehicles. 4281

       (2) The amount credited pursuant to division (A) of section 4282
5735.26 of the Revised Code shall be used for paying the state's 4283
share of the cost of planning, constructing, widening, 4284
maintaining, and reconstructing the state highways; paying that 4285
portion of the construction cost of a highway project which a 4286
county, township, or municipal corporation normally would be 4287
required to pay, but which the director of transportation, 4288
pursuant to division (B) of section 5531.08 of the Revised Code, 4289
determines instead will be paid from moneys in the highway 4290
operating fund; and also for supplying the state's share of the 4291
cost of eliminating railway grade crossings upon such highways and 4292
costs apportioned to the state under section 4907.47 of the 4293
Revised Code. The director of transportation may expend portions 4294
of such amount upon extensions of state highways within municipal 4295
corporations or upon portions of state highways within municipal 4296
corporations, as is provided by law. 4297

       Sec. 5735.28. Wherever a municipal corporation is on the 4298
line of the state highway system as designated by the director of 4299
transportation as an extension or continuance of the state highway 4300
system, seven and one-half per cent of the amount paid to any 4301
municipal corporation pursuant to sections 4501.04, 5735.23, and 4302
5735.27 of the Revised Code shall be used by it only to construct, 4303
reconstruct, repave, widen, maintain, and repair such highways, to 4304
purchase, erect, and maintain traffic lights and signals, and to 4305
erect and maintain street and traffic signs and markers on such 4306
highways, or to pay principal, interest, and charges on bonds and 4307
other obligations issued pursuant to Chapter 133. of the Revised 4308
Code or incurred pursuant to section 5531.09 of the Revised Code 4309
for such purposes. 4310

       Sec. 5735.29. To provide revenue for supplying the state's 4311
share of the cost of constructing, widening, maintaining, and 4312
reconstructing the state highways; to maintain and repair bridges 4313
and viaducts; to purchase, erect, and maintain street and traffic 4314
signs and markers; to purchase, erect, and maintain traffic lights 4315
and signals; to pay the expense of administering and enforcing the 4316
state law relative to the registration and operation of motor 4317
vehicles; to make road improvements associated with retaining or 4318
attracting business for this state, to pay that portion of the 4319
construction cost of a highway project which a county, township, 4320
or municipal corporation normally would be required to pay, but 4321
which the director of transportation, pursuant to division (B) of 4322
section 5531.08 of the Revised Code, determines instead will be 4323
paid from moneys in the highway operating fund; to provide revenue 4324
for the purposes of sections 1547.71 to 1547.78 of the Revised 4325
Code; and to supplement revenue already available for such 4326
purposes, to pay the expenses of the department of taxation 4327
incident to the administration of the motor fuel laws, to 4328
supplement revenue already available for such purposes; and to pay 4329
the interest, principal, and charges on highway obligations issued 4330
pursuant to Section 2i of Article VIII, Ohio Constitution, and 4331
sections 5528.30 and 5528.31 of the Revised Code; to enable the 4332
counties and townships of the state to properly plan, construct, 4333
widen, reconstruct, and maintain their public highways, roads, and 4334
streets; to enable counties to pay principal, interest, and 4335
charges on bonds and other obligations issued pursuant to Chapter 4336
133. of the Revised Code or incurred pursuant to section 5531.09 4337
of the Revised Code for highway improvements; to enable municipal 4338
corporations to plan, construct, reconstruct, repave, widen, 4339
maintain, repair, clear, and clean public highways, roads, and 4340
streets; to enable municipal corporations to pay the principal, 4341
interest, and charges on bonds and other obligations issued 4342
pursuant to Chapter 133. of the Revised Code or incurred pursuant 4343
to section 5531.09 of the Revised Code for highway improvements; 4344
and to pay the costs apportioned to the public under section 4345
4907.47 of the Revised Code, a motor fuel excise tax is hereby 4346
imposed on all motor fuel dealers upon their receipt of motor fuel 4347
within the state at the rate of two cents on each gallon so 4348
received; provided, that effective July 1, 2003, the motor fuel 4349
excise tax imposed by this section shall be at the rate of four 4350
cents on each gallon so received; effective July 1, 2004, the 4351
motor fuel excise tax imposed by this section shall be at the rate 4352
of six cents on each gallon so received; and, subject to section 4353
5735.292 of the Revised Code, effective July 1, 2005, the motor 4354
fuel excise tax imposed by this section shall be at the rate of 4355
eight cents on each gallon so received. This tax is subject to the 4356
specific exemptions set forth in this chapter of the Revised Code. 4357
It shall be reported, computed, paid, collected, administered, 4358
enforced, and refunded, and the failure properly and correctly to 4359
report and pay the tax shall be penalized, in exactly the same 4360
manner as is provided in this chapter. Such sections relating to 4361
motor fuel excise taxes are reenacted and incorporated as if 4362
specifically set forth in this section. The tax levied by this 4363
section is in addition to any other taxes imposed under this 4364
chapter. 4365

       No municipal corporation, county, or township shall expend 4366
any revenues received from the tax levied by this section for any 4367
purpose other than one of the specific highway-related purposes 4368
stated in this section. In addition, each municipal corporation, 4369
county, or township shall use at least ninety per cent of all 4370
revenues received from the tax levied by this section to 4371
supplement, rather than supplant, other local funds used for 4372
highway-related purposes. 4373

       Section 101.02. That existing sections 109.572, 122.14, 4374
307.12, 315.08, 315.14, 315.18, 4501.04, 4501.06, 4501.21, 4375
4501.26, 4503.02, 4503.103, 4503.181, 4503.19, 4503.21, 4503.23, 4376
4503.26, 4503.40, 4503.42, 4505.021, 4505.031, 4505.032, 4505.06, 4377
4505.08, 4506.08, 4506.14, 4508.06, 4509.27, 4513.34, 4519.58, 4378
4549.10, 4749.03, 4749.06, 4749.10, 5501.11, 5513.04, 5525.01, 4379
5525.10, 5525.15, 5531.09, 5531.10, 5537.17, 5543.02, 5735.05, 4380
5735.23, 5735.25, 5735.27, 5735.28, and 5735.29 of the Revised 4381
Code are hereby repealed. 4382

       Section 105.01. That sections 4501.12 and 4501.35 of the 4383
Revised Code are hereby repealed. 4384

       Section 200.01. Except as otherwise provided, all 4385
appropriation items in this act are hereby appropriated out of any 4386
moneys in the state treasury to the credit of the designated fund, 4387
which are not otherwise appropriated. For all appropriations made 4388
in this act, the amounts in the first column are for fiscal year 4389
2006 and the amounts in the second column are for fiscal year 4390
2007. 4391

       Section 203.03. DOT DEPARTMENT OF TRANSPORTATION 4392

FUND TITLE FY 2006 FY 2007 4393

Transportation Planning and Research 4394

Highway Operating Fund Group 4395

002 771-411 Planning and Research - State $ 19,000,000 $ 19,112,000 4396

002 771-412 Planning and Research - Federal $ 40,000,000 $ 40,000,000 4397

TOTAL HOF Highway Operating 4398

Fund Group $ 59,000,000 $ 59,112,000 4399

TOTAL ALL BUDGET FUND GROUPS - 4400

Transportation Planning 4401

and Research $ 59,000,000 $ 59,112,000 4402

Highway Construction 4403

Highway Operating Fund Group 4404

002 772-421 Highway Construction - State $ 591,240,305 $ 584,969,730 4405

002 772-422 Highway Construction - Federal $ 1,021,500,000 $ 1,131,500,000 4406

002 772-424 Highway Construction - Other $ 62,500,000 $ 53,500,000 4407

214 770-401 Infrastructure Debt Service - Federal $ 80,182,400 $ 105,129,400 4408

214 772-434 Infrastructure Lease Payments - Federal $ 12,537,100 $ 12,536,000 4409

212 772-426 Highway Infrastructure Bank - Federal $ 1,500,000 $ 2,000,000 4410

212 772-427 Highway Infrastructure Bank - State $ 9,353,400 $ 12,853,400 4411
212 772-429 Highway Infrastructure Bank - Local $ 12,500,000 $ 12,500,000 4412
212 772-430 Infrastructure Debt Reserve Title 23-49 $ 1,500,000 $ 1,500,000 4413
213 772-432 Roadway Infrastructure Bank - Local $ 7,000,000 $ 7,000,000 4414

TOTAL HOF Highway Operating 4415

Fund Group $ 1,799,813,205 $ 1,923,488,530 4416

Highway Capital Improvement Fund Group 4417

042 772-723 Highway Construction - Bonds $ 220,000,000 $ 150,000,000 4418

Infrastructure Bank Obligations Fund Group 4419

045 772-428 Highway Infrastructure Bank - Bonds $ 180,000,000 $ 160,000,000 4420

TOTAL 045 Infrastructure Bank 4421

Obligations Fund Group $ 180,000,000 $ 160,000,000 4422

TOTAL ALL BUDGET FUND GROUPS - 4423

Highway Construction $ 2,199,813,205 $ 2,233,488,530 4424

Highway Maintenance 4425

Highway Operating Fund Group 4426

002 773-431 Highway Maintenance - State $ 386,527,582 $ 393,313,472 4427

TOTAL HOF Highway Operating 4428

Fund Group $ 386,527,582 $ 393,313,472 4429
4430

TOTAL ALL BUDGET FUND GROUPS - 4431

Highway Maintenance $ 386,527,582 $ 393,313,472 4432

Public Transportation 4433

Highway Operating Fund Group 4434

002 775-452 Public Transportation - Federal $ 30,000,000 $ 30,365,000 4435

002 775-454 Public Transportation - Other $ 1,500,000 $ 1,500,000 4436

002 775-459 Elderly and Disabled Special Equipment - Federal $ 4,595,000 $ 4,595,000 4437
212 775-408 Transit Infrastructure Bank - Local $ 2,500,000 $ 2,500,000 4438
213 775-460 Transit Infrastructure Bank - Local $ 1,000,000 $ 1,000,000 4439

TOTAL HOF Highway Operating 4440

Fund Group $ 39,595,000 $ 39,960,000 4441

TOTAL ALL BUDGET FUND GROUPS - 4442

Public Transportation $ 39,595,000 $ 39,960,000 4443

Rail Transportation 4444

Highway Operating Fund Group 4445

002 776-462 Grade Crossings - Federal $ 15,000,000 $ 15,000,000 4446

TOTAL HOF Highway Operating 4447

Fund Group $ 15,000,000 $ 15,000,000 4448
TOTAL ALL BUDGET FUND GROUPS - 4449
Rail Transportation $ 15,000,000 $ 15,000,000 4450

Aviation 4451

Highway Operating Fund Group 4452

002 777-472 Airport Improvements - Federal $ 405,000 $ 405,000 4453

002 777-475 Aviation Administration $ 4,007,600 $ 4,046,900 4454
213 777-477 Aviation Infrastructure Bank - State $ 3,000,000 $ 3,000,000 4455
213 777-478 Aviation Infrastructure Bank - Local $ 7,000,000 $ 7,000,000 4456

TOTAL HOF Highway Operating 4457

Fund Group $ 14,412,600 $ 14,451,900 4458

TOTAL ALL BUDGET FUND GROUPS - 4459

Aviation $ 14,412,600 $ 14,451,900 4460

Administration 4461

Highway Operating Fund Group 4462

002 779-491 Administration - State $ 119,624,513 $ 121,057,898 4463

TOTAL HOF Highway Operating 4464

Fund Group $ 119,624,513 $ 121,057,898 4465

TOTAL ALL BUDGET FUND GROUPS - 4466

Administration $ 119,624,513 $ 121,057,898 4467

Debt Service 4468

Highway Operating Fund Group 4469

002 770-003 Administration - State - Debt Service $ 13,074,500 $ 10,923,100 4470

TOTAL HOF Highway Operating 4471

Fund Group $ 13,074,500 $ 10,923,100 4472

TOTAL ALL BUDGET FUND GROUPS - 4473

Debt Service $ 13,074,500 $ 10,923,100 4474

TOTAL Department of Transportation 4475

TOTAL HOF Highway Operating 4476

Fund Group $ 2,447,047,400 $ 2,577,306,900 4477

TOTAL 042 Highway Capital 4478

Improvement Fund Group $ 220,000,000 $ 150,000,000 4479
TOTAL 045 Infrastructure Bank 4480
Obligations Fund Group $ 180,000,000 $ 160,000,000 4481

TOTAL ALL BUDGET FUND GROUPS $ 2,847,047,400 $ 2,887,306,900 4482

       Section 203.03.03. ISSUANCE OF BONDS 4484

       The Treasurer of State, upon the request of the Director of 4485
Transportation, is authorized to issue and sell, in accordance 4486
with Section 2m of Article VIII, Ohio Constitution, and Chapter 4487
151. and particularly sections 151.01 and 151.06 of the Revised 4488
Code, obligations, including bonds and notes, of the State of Ohio 4489
in the aggregate amount of $360,000,000 in addition to the 4490
original issuance of obligations heretofore authorized by prior 4491
acts of the General Assembly. 4492

       The obligations shall be dated, issued, and sold from time to 4493
time in such amounts as may be necessary to provide sufficient 4494
moneys to the credit of the Highway Capital Improvement Fund (Fund 4495
042) created by section 5528.53 of the Revised Code to pay costs 4496
charged to the fund when due as estimated by the Director of 4497
Transportation, provided, however, that such obligations shall be 4498
issued and sold at such time or times so that not more than 4499
$220,000,000 original principal amount of obligations, plus the 4500
principal amount of obligations that in prior fiscal years could 4501
have been, but were not, issued within the $220,000,000 limit, may 4502
be issued in any fiscal year, and not more than $1,200,000,000 4503
original principal amount of such obligations are outstanding at 4504
any one time. 4505

       Section 203.03.04. MAINTENANCE INTERSTATE HIGHWAYS 4506

       The Director of Transportation may remove snow and ice and 4507
maintain, repair, improve, or provide lighting upon interstate 4508
highways that are located within the boundaries of municipal 4509
corporations, adequate to meet the requirements of federal law. 4510
When agreed in writing by the Director of Transportation and the 4511
legislative authority of a municipal corporation and 4512
notwithstanding sections 125.01 and 125.11 of the Revised Code, 4513
the Department of Transportation may reimburse the municipal 4514
corporation for all or any part of the costs, as provided by such 4515
agreement, incurred by the municipal corporation in maintaining, 4516
repairing, lighting, and removing snow and ice from the interstate 4517
system. 4518

       Section 203.03.06. TRANSFER OF FUND 002 APPROPRIATIONS: 4519
PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, 4520
RAIL, AVIATION, AND ADMINISTRATION 4521

       The Director of Budget and Management may approve requests 4522
from the Department of Transportation for transfer of Fund 002 4523
appropriations for highway planning and research (appropriation 4524
items 771-411 and 771-412), highway construction (appropriation 4525
items 772-421, 772-422, and 772-424), highway maintenance 4526
(appropriation item 773-431), rail grade crossings (appropriation 4527
item 776-462), aviation (appropriation item 777-475), and 4528
administration (appropriation item 779-491). Transfers of 4529
appropriations may be made upon the written request of the 4530
Director of Transportation and with the approval of the Director 4531
of Budget and Management. The transfers shall be reported to the 4532
Controlling Board at the next regularly scheduled meeting of the 4533
board. 4534

       This transfer authority is intended to provide for emergency 4535
situations and flexibility to meet unforeseen conditions that 4536
could arise during the budget period. It also is intended to allow 4537
the department to optimize the use of available resources and 4538
adjust to circumstances affecting the obligation and expenditure 4539
of federal funds. 4540

       TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL 4541
TRANSIT 4542

       The Director of Budget and Management may approve written 4543
requests from the Director of Transportation for the transfer of 4544
appropriations between appropriation items 772-422, Highway 4545
Construction - Federal, and 775-452, Public Transportation - 4546
Federal, based upon transit capital projects meeting Federal 4547
Highway Administration and Federal Transit Administration funding 4548
guidelines. The transfers shall be reported to the Controlling 4549
Board at its next regularly scheduled meeting. 4550

       TRANSFER OF APPROPRIATIONS: STATE INFRASTRUCTURE BANK 4551

       The Director of Budget and Management may approve requests 4552
from the Department of Transportation for transfer of 4553
appropriations and cash of the Infrastructure Bank funds created 4554
in section 5531.09 of the Revised Code, including transfers 4555
between fiscal years 2006 and 2007. The transfers shall be 4556
reported to the Controlling Board at its next regularly scheduled 4557
meeting. However, the director may not make transfers out of debt 4558
service and lease payment appropriation items unless the director 4559
determines that the appropriated amounts exceed the actual and 4560
projected debt, rental, or lease payments. 4561

       Should the appropriation and any reappropriations from prior 4562
years in appropriation item 770-401, Infrastructure Debt Service - 4563
Federal, and appropriation item 772-434, Infrastructure Lease 4564
Payments - Federal, exceed the actual and projected debt, rental, 4565
or lease payments for fiscal year 2006 or 2007, then prior to June 4566
30, 2007, the balance may be transferred to appropriation item 4567
772-422 upon the written request of the Director of Transportation 4568
and with the approval of the Director of Budget and Management. 4569
The transfer shall be reported to the Controlling Board at its 4570
next regularly scheduled meeting. 4571

       The Director of Budget and Management may approve requests 4572
from the Department of Transportation for transfer of 4573
appropriations and cash from the Highway Operating Fund (Fund 002) 4574
to the Infrastructure Bank funds created in section 5531.09 of the 4575
Revised Code. The Director of Budget and Management may transfer 4576
from the Infrastructure Bank funds to the Highway Operating Fund 4577
up to the amounts originally transferred to the Infrastructure 4578
Bank funds under this section. However, the director may not make 4579
transfers between modes and transfers between different funding 4580
sources. The transfers shall be reported to the Controlling Board 4581
at its next regularly scheduled meeting. 4582

       INCREASE APPROPRIATION AUTHORITY: STATE FUNDS 4583

       In the event that receipts or unexpended balances credited to 4584
the Highway Operating Fund exceed the estimates upon which the 4585
appropriations have been made in this act, upon the request of the 4586
Director of Transportation, the Controlling Board may increase 4587
appropriation authority in the manner prescribed in section 131.35 4588
of the Revised Code. 4589

       INCREASE APPROPRIATION AUTHORITY: FEDERAL AND LOCAL FUNDS 4590

       In the event that receipts or unexpended balances credited to 4591
the Highway Operating Fund or apportionments or allocations made 4592
available from the federal and local government exceed the 4593
estimates upon which the appropriations have been made in this 4594
act, upon the request of the Director of Transportation, the 4595
Controlling Board may increase appropriation authority in the 4596
manner prescribed in section 131.35 of the Revised Code. 4597

       REAPPROPRIATIONS 4598

       All appropriations of the Highway Operating Fund (Fund 002), 4599
the Highway Capital Improvement Fund (Fund 042), and the 4600
Infrastructure Bank funds created in section 5531.09 of the 4601
Revised Code remaining unencumbered on June 30, 2005, are hereby 4602
reappropriated for the same purpose in fiscal year 2006. 4603

       All appropriations of the Highway Operating Fund (Fund 002), 4604
the Highway Capital Improvement Fund (Fund 042), and the 4605
Infrastructure Bank funds created in section 5531.09 of the 4606
Revised Code remaining unencumbered on June 30, 2006, are hereby 4607
reappropriated for the same purpose in fiscal year 2007. 4608

       Any balances of prior years' appropriations to the Highway 4609
Operating Fund (Fund 002), the Highway Capital Improvement Fund 4610
(Fund 042), and the Infrastructure Bank funds created in section 4611
5531.09 of the Revised Code that are unencumbered on June 30, 4612
2005, subject to the availability of revenue as determined by the 4613
Director of Transportation, are hereby reappropriated for the same 4614
purpose in fiscal year 2006 upon the request of the Director of 4615
Transportation and with the approval of the Director of Budget and 4616
Management. The reappropriations shall be reported to the 4617
Controlling Board. 4618

       Any balances of prior years' appropriations to the Highway 4619
Operating Fund (Fund 002), the Highway Capital Improvement Fund 4620
(Fund 042), and the Infrastructure Bank funds created in section 4621
5531.09 of the Revised Code that are unencumbered on June 30, 4622
2006, subject to the availability of revenue as determined by the 4623
Director of Transportation, are hereby reappropriated for the same 4624
purpose in fiscal year 2007 upon the request of the Director of 4625
Transportation and with the approval of the Director of Budget and 4626
Management. The reappropriations shall be reported to the 4627
Controlling Board. 4628

       Section 203.03.09. PUBLIC ACCESS ROADS FOR STATE FACILITIES 4629

       Of the foregoing appropriation item 772-421, Highway 4630
Construction - State, $4,517,500 shall be used each fiscal year 4631
during the fiscal year 2006-2007 biennium by the Department of 4632
Transportation for the construction, reconstruction, or 4633
maintenance of public access roads, including support features, to 4634
and within state facilities owned or operated by the Department of 4635
Natural Resources, as requested by the Director of Natural 4636
Resources. 4637

       Notwithstanding section 5511.06 of the Revised Code, of the 4638
foregoing appropriation item 772-421, Highway Construction - 4639
State, $2,228,000 in each fiscal year of the fiscal year 2006-2007 4640
biennium shall be used by the Department of Transportation for the 4641
construction, reconstruction, or maintenance of park drives or 4642
park roads within the boundaries of metropolitan parks. 4643

       Included in the foregoing appropriation item 772-421, Highway 4644
Construction - State, the department may perform related road work 4645
on behalf of the Ohio Expositions Commission at the state 4646
fairgrounds, including reconstruction or maintenance of public 4647
access roads and support features, to and within fairground 4648
facilities as requested by the commission and approved by the 4649
Director of Transportation. 4650

       LIQUIDATION OF UNFORESEEN LIABILITIES 4651

       Any appropriation made to the Department of Transportation, 4652
Highway Operating Fund, not otherwise restricted by law, is 4653
available to liquidate unforeseen liabilities arising from 4654
contractual agreements of prior years when the prior year 4655
encumbrance is insufficient. 4656

       Section 203.03.10. PREVENTIVE MAINTENANCE 4657

       The Department of Transportation shall contract with an 4658
independent party to issue a yearly report on the effectiveness 4659
and progress of preventive maintenance projects that meet warranty 4660
guidelines. The Department shall issue a yearly report on or 4661
before the first day of December for three consecutive years 4662
beginning in fiscal year 2005. 4663

       The Department shall provide in its annual report data on 4664
actual and planned pavement preventive maintenance activities. The 4665
data shall include the following: (1) the total number of lane 4666
miles receiving preventive maintenance treatment, by treatment 4667
type and highway system category; (2) the total number of lane 4668
miles programmed to receive treatment; (3) the actual costs of the 4669
pavement preventive maintenance activities per lane mile, by 4670
treatment type and highway system category; (4) the total number 4671
of lane miles rehabilitated or reconstructed; and (5) the actual 4672
cost per lane mile of rehabilitated or reconstructed highway, by 4673
highway system category. 4674

       Section 203.03.12. RENTAL PAYMENTS - OBA 4675

       The foregoing appropriation item 770-003, Administration - 4676
State - Debt Service, shall be used to pay rent to the Ohio 4677
Building Authority for various capital facilities to be 4678
constructed, reconstructed, or rehabilitated for the use of the 4679
Department of Transportation, including the department's plant and 4680
facilities at its central office, field districts, and county and 4681
outpost locations. The rental payments shall be made from revenues 4682
received from the motor vehicle fuel tax. The amounts of any bonds 4683
and notes to finance such capital facilities shall be at the 4684
request of the Director of Transportation. Notwithstanding section 4685
152.24 of the Revised Code, the Ohio Building Authority may, with 4686
approval of the Office of Budget and Management, lease capital 4687
facilities to the Department of Transportation. 4688

       The Director of Transportation shall hold title to any land 4689
purchased and any resulting structures that are attributable to 4690
appropriation item 770-003. Notwithstanding section 152.18 of the 4691
Revised Code, the Director of Transportation shall administer any 4692
purchase of land and any contract for construction, 4693
reconstruction, and rehabilitation of facilities as a result of 4694
this appropriation. 4695

       Should the appropriation and any reappropriations from prior 4696
years in appropriation item 770-003 exceed the rental payments for 4697
fiscal year 2006 or 2007, then prior to June 30, 2007, the balance 4698
may be transferred to appropriation item 772-421, 773-431, or 4699
779-491 upon the written request of the Director of Transportation 4700
and with the approval of the Director of Budget and Management. 4701
The transfer shall be reported to the Controlling Board at its 4702
next regularly scheduled meeting. 4703

       Section 203.03.15. PUBLIC TRANSPORTATION HIGHWAY PURPOSE 4704
GRANTS 4705

       The Director of Transportation may use revenues from the 4706
state motor vehicle fuel tax to match approved federal grants 4707
awarded to the Department of Transportation, regional transit 4708
authorities, or eligible public transportation systems, for public 4709
transportation highway purposes, or to support local or state 4710
funded projects for public transportation highway purposes. Public 4711
transportation highway purposes include: the construction or 4712
repair of high-occupancy vehicle traffic lanes, the acquisition or 4713
construction of park-and-ride facilities, the acquisition or 4714
construction of public transportation vehicle loops, the 4715
construction or repair of bridges used by public transportation 4716
vehicles or that are the responsibility of a regional transit 4717
authority or other public transportation system, or other similar 4718
construction that is designated as an eligible public 4719
transportation highway purpose. Motor vehicle fuel tax revenues 4720
may not be used for operating assistance or for the purchase of 4721
vehicles, equipment, or maintenance facilities. 4722

       MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND 4723

       The Director of Budget and Management shall transfer cash in 4724
equal monthly increments totaling $133,424,000 in fiscal year 2006 4725
and in equal monthly increments totaling $154,009,400 in fiscal 4726
year 2007 from the Highway Operating Fund, created in section 4727
5735.291 of the Revised Code, to the Gasoline Excise Tax Fund 4728
created in division (A) of section 5735.27 of the Revised Code. 4729
The monthly amounts transferred under this section shall be 4730
distributed as follows: 42.86 per cent shall be distributed among 4731
the municipal corporations within the state under division (A)(2) 4732
of section 5735.27 of the Revised Code; 37.14 per cent shall be 4733
distributed among the counties within the state under division 4734
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent 4735
shall be distributed among the townships within the state under 4736
division (A)(5)(b) of section 5735.27 of the Revised Code. 4737

       Section 203.03.18. ALTERNATIVE SOUNDPROOFING 4738

       Of the foregoing appropriation item 772-421, Highway 4739
Construction-State, up to $250,000 in fiscal year 2006 shall be 4740
used by the Department of Transportation to perform a study of 4741
alternative soundproofing methods or any alternative soundproofing 4742
techniques that could be used in Ohio as an alternative to 4743
traditional sound barriers. The Director of Transportation shall 4744
issue a report of the study findings to the chairperson and 4745
ranking minority members of the House of Representatives and 4746
Senate Transportation Committees, the Speaker of the House of 4747
Representatives, the President of the Senate, and the Minority 4748
Leaders of the House of Representatives and the Senate on or 4749
before June 30, 2006. 4750

       Section 203.06. DHS DEPARTMENT OF PUBLIC SAFETY 4751

Highway Safety Information and Education 4752

State Highway Safety Fund Group 4753

036 761-321 Operating Expense - Information and Education $ 3,475,147 $ 3,645,598 4754

036 761-402 Traffic Safety Match $ 277,137 $ 277,137 4755
83N 761-611 Elementary School Seat Belt Program $ 447,895 $ 447,895 4756

831 761-610 Information and Education - Federal $ 468,982 $ 468,982 4757

832 761-612 Traffic Safety-Federal $ 16,577,565 $ 16,577,565 4758
844 761-613 Seat Belt Education Program $ 463,760 $ 463,760 4759

846 761-625 Motorcycle Safety Education $ 2,299,204 $ 2,391,172 4760

TOTAL HSF State Highway Safety 4761

Fund Group $ 24,009,690 $ 24,272,109 4762

Agency Fund Group 4763
5J9 761-678 Federal Salvage/GSA $ 100,000 $ 100,000 4764
TOTAL AGY Agency $ 100,000 $ 100,000 4765
TOTAL ALL BUDGET FUND GROUPS - 4766

Highway Safety Information 4767

and Education $ 24,109,690 $ 24,372,109 4768

       FEDERAL HIGHWAY SAFETY PROGRAM MATCH 4769

       The foregoing appropriation item 761-402, Traffic Safety 4770
Match, shall be used to provide the nonfederal portion of the 4771
federal Highway Safety Program. Upon request by the Director of 4772
Public Safety and approval by the Director of Budget and 4773
Management, appropriation item 761-402 shall be used to transfer 4774
cash from the Highway Safety Fund to the Traffic Safety - Federal 4775
Fund (Fund 832) at the beginning of each fiscal year on an 4776
intrastate transfer voucher. 4777

       FILM PRODUCTION REIMBURSEMENT FUND 4778

        On July 1, 2005, or as soon as possible thereafter, the 4779
Director of Budget and Management shall transfer the cash balance 4780
in the Film Production Reimbursement Fund (Fund 847) to the 4781
Highway Safety Fund (Fund 036) created in section 4501.06 of the 4782
Revised Code. Upon completion of the transfer, notwithstanding any 4783
other provision of law to the contrary, the Film Production 4784
Reimbursement Fund (Fund 847) is abolished. 4785

       Section 203.06.03. BUREAU OF MOTOR VEHICLES 4786

State Special Revenue Fund Group 4787

539 762-614 Motor Vehicle Dealers Board $ 239,902 $ 239,902 4788
TOTAL SSR State Special Revenue 4789

Fund Group $ 239,902 $ 239,902 4790

State Highway Safety Fund Group 4791

4W4 762-321 Operating Expense-BMV $ 77,257,480 $ 73,702,629 4792

4W4 762-410 Registrations Supplement $ 32,480,610 $ 32,480,610 4793
5V1 762-682 License Plate Contributions $ 2,388,568 $ 2,388,568 4794

83R 762-639 Local Immobilization Reimbursement $ 850,000 $ 850,000 4795

835 762-616 Financial Responsibility Compliance $ 6,551,535 $ 6,551,535 4796

849 762-627 Automated Title Processing Board $ 12,818,675 $ 13,146,218 4797

TOTAL HSF State Highway Safety 4798

Fund Group $ 132,346,868 $ 129,119,560 4799

TOTAL ALL BUDGET FUND GROUPS - 4800

Bureau of Motor Vehicles $ 132,586,770 $ 129,359,462 4801

       MOTOR VEHICLE REGISTRATION 4802

       The Registrar of Motor Vehicles may deposit revenues to meet 4803
the cash needs of the State Bureau of Motor Vehicles Fund (Fund 4804
4W4) established in section 4501.25 of the Revised Code, obtained 4805
under sections 4503.02 and 4504.02 of the Revised Code, less all 4806
other available cash. Revenue deposited pursuant to this section 4807
shall support, in part, appropriations for operating expenses and 4808
defray the cost of manufacturing and distributing license plates 4809
and license plate stickers and enforcing the law relative to the 4810
operation and registration of motor vehicles. Notwithstanding 4811
section 4501.03 of the Revised Code, the revenues shall be paid 4812
into the State Bureau of Motor Vehicles Fund before any revenues 4813
obtained pursuant to sections 4503.02 and 4504.02 of the Revised 4814
Code are paid into any other fund. The deposit of revenues to meet 4815
the aforementioned cash needs shall be in approximate equal 4816
amounts on a monthly basis or as otherwise determined by the 4817
Director of Budget and Management pursuant to a plan submitted by 4818
the Registrar of Motor Vehicles. 4819

       CAPITAL PROJECTS 4820

       The Registrar of Motor Vehicles may transfer cash from the 4821
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 4822
Highway Safety Fund (Fund 036) to meet its obligations for capital 4823
projects CIR-047, Department of Public Safety Office Building, 4824
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop. 4825

       Section 203.06.06. ENFORCEMENT 4826

State Highway Safety Fund Group 4827

036 764-033 Minor Capital Projects $ 1,250,000 $ 1,250,000 4828

036 764-321 Operating Expense - Highway Patrol $ 229,293,561 $ 237,364,988 4829
036 764-605 Motor Carrier Enforcement Expenses $ 2,643,022 $ 2,670,911 4830

5AY 764-688 Traffic Safety Operating $ 3,082,962 $ 1,999,437 4831
83C 764-630 Contraband, Forfeiture, Other $ 622,894 $ 622,894 4832

83F 764-657 Law Enforcement Automated Data System $ 7,324,524 $ 7,544,260 4833

83G 764-633 OMVI Fines $ 820,927 $ 820,927 4834

831 764-610 Patrol - Federal $ 2,430,950 $ 2,455,484 4835

831 764-659 Transportation Enforcement - Federal $ 4,880,671 $ 5,027,091 4836

837 764-602 Turnpike Policing $ 9,942,621 $ 10,240,900 4837

838 764-606 Patrol Reimbursement $ 222,108 $ 222,108 4838

840 764-607 State Fair Security $ 1,496,283 $ 1,496,283 4839

840 764-617 Security and Investigations $ 8,145,192 $ 8,145,192 4840

840 764-626 State Fairgrounds Police Force $ 788,375 $ 788,375 4841

841 764-603 Salvage and Exchange - Highway Patrol $ 1,305,954 $ 1,339,399 4842

TOTAL HSF State Highway Safety 4843

Fund Group $ 274,250,044 $ 281,988,249 4844

General Services Fund Group 4845

4S2 764-660 MARCS Maintenance $ 252,432 $ 262,186 4846

TOTAL GSF General Services 4847

Fund Group $ 252,432 $ 262,186 4848
TOTAL ALL BUDGET FUND GROUPS - 4849
Enforcement $ 274,502,476 $ 282,250,435 4850

       COLLECTIVE BARGAINING INCREASES 4851

       Notwithstanding division (D) of section 127.14 and division 4852
(B) of section 131.35 of the Revised Code, except for the General 4853
Revenue Fund, the Controlling Board may, upon the request of 4854
either the Director of Budget and Management, or the Department of 4855
Public Safety with the approval of the Director of Budget and 4856
Management, increase appropriations for any fund, as necessary for 4857
the Department of Public Safety, to assist in paying the costs of 4858
increases in employee compensation that have occurred pursuant to 4859
collective bargaining agreements under Chapter 4117. of the 4860
Revised Code and, for exempt employees, under section 124.152 of 4861
the Revised Code. 4862

       Section 203.06.09. EMERGENCY MEDICAL SERVICES 4863

State Highway Safety Fund Group 4864

83M 765-624 Operating Expenses - EMS $ 2,519,883 $ 2,519,883 4865
83P 765-637 EMS Grants $ 5,836,744 $ 5,836,744 4866

831 765-610 EMS/Federal $ 582,007 $ 582,007 4867

TOTAL HSF State Highway Safety 4868

Fund Group $ 8,938,634 $ 8,938,634 4869

TOTAL ALL BUDGET FUND GROUPS - 4870

Emergency Medical Services $ 8,938,634 $ 8,938,634 4871

       Section 203.06.12. INVESTIGATIVE UNIT 4873

State Highway Safety Fund Group 4874

831 767-610 Liquor Enforcement - Federal $ 514,184 $ 514,184 4875

831 769-610 Food Stamp Trafficking Enforcement - Federal $ 992,920 $ 1,032,135 4876

TOTAL HSF State Highway Safety 4877

Fund Group $ 1,507,104 $ 1,546,319 4878

Liquor Control Fund Group 4879

043 767-321 Liquor Enforcement - Operations $ 10,120,365 $ 10,423,976 4880

TOTAL LCF Liquor Control Fund 4881

Group $ 10,120,365 $ 10,423,976 4882

State Special Revenue Fund Group 4883

622 767-615 Investigative Contraband and Forfeiture $ 404,111 $ 404,111 4884
850 767-628 Investigative Unit Salvage $ 120,000 $ 120,000 4885

TOTAL SSR State Special Revenue 4886

Fund Group $ 524,111 $ 524,111 4887

TOTAL ALL BUDGET FUND GROUPS - 4888

Special Enforcement $ 12,151,580 $ 12,494,406 4889

       LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS 4890
EQUIPMENT 4891

       The Director of Public Safety, using intrastate transfer 4892
vouchers, shall make cash transfers to the State Highway Safety 4893
Fund (Fund 036) from other funds to reimburse the State Highway 4894
Safety Fund for the share of lease rental payments to the Ohio 4895
Building Authority that are associated with appropriation item 4896
CAP-076, Investigative Unit MARCS Equipment. 4897

       Section 203.06.15. EMERGENCY MANAGEMENT 4898

Federal Special Revenue Fund Group 4899

3N5 763-644 U.S. DOE Agreement $ 275,000 $ 275,000 4900

329 763-645 Federal Mitigation Program $ 303,504 $ 303,504 4901

337 763-609 Federal Disaster Relief $ 27,269,140 $ 27,280,000 4902

339 763-647 Emergency Management Assistance and Training $ 129,622,000 $ 129,622,000 4903

TOTAL FED Federal Special 4904

Revenue Fund Group $ 157,469,644 $ 157,480,504 4905

State Special Revenue Fund Group 4906

4V3 763-662 EMA Service and Reimbursement $ 696,446 $ 696,446 4907
657 763-652 Utility Radiological Safety $ 1,260,000 $ 1,260,000 4908

681 763-653 SARA Title III HAZMAT Planning $ 271,510 $ 271,510 4909

TOTAL SSR State Special Revenue 4910

Fund Group $ 2,227,956 $ 2,227,956 4911

TOTAL ALL BUDGET FUND GROUPS - 4912

Emergency Management $ 159,697,600 $ 159,708,460 4913

       FEDERAL MITIGATION PROGRAM 4914

       The fund created by the Controlling Board known as the 4915
Disaster Relief Fund is now the Federal Mitigation Program Fund, 4916
and shall be used to plan and mitigate against future disaster 4917
costs. 4918

       STATE DISASTER RELIEF 4919

       The appropriation item 763-601, State Disaster Relief, may 4920
accept transfers of cash and appropriations from Controlling Board 4921
appropriation items to reimburse eligible local governments and 4922
private nonprofit organizations for costs related to disasters 4923
that have been declared by local governments or the Governor. The 4924
Ohio Emergency Management Agency shall publish and make available 4925
an application packet outlining eligible items and application 4926
procedures for entities requesting state disaster relief. 4927

       Individuals may be eligible for reimbursement of costs 4928
related to disasters that have been declared by the Governor and 4929
the Small Business Administration. The funding in appropriation 4930
item 763-601, State Disaster Relief, shall be used in accordance 4931
with the principles of the federal Individual and Family Grant 4932
Program, which provides grants to households that have been 4933
affected by a disaster to replace basic living items. The Ohio 4934
Emergency Management Agency shall publish and make available an 4935
application procedure for individuals requesting assistance under 4936
the state Individual Assistance Program. 4937

       SARA TITLE III HAZMAT PLANNING 4938

       The SARA Title III HAZMAT Planning Fund (Fund 681) is 4939
entitled to receive grant funds from the Emergency Response 4940
Commission to implement the Emergency Management Agency's 4941
responsibilities under Chapter 3750. of the Revised Code. 4942

       Section 203.06.18. ADMINISTRATION 4943

State Highway Safety Fund Group 4944

036 766-321 Operating Expense - Administration $ 4,461,836 $ 4,461,836 4945

830 761-603 Salvage and Exchange - Administration $ 22,070 $ 22,070 4946

TOTAL HSF State Highway Safety 4947

Fund Group $ 4,483,906 $ 4,483,906 4948

General Services Fund Group 4949

4S3 766-661 Hilltop Utility Reimbursement $ 500,000 $ 500,000 4950

TOTAL GSF General Services 4951

Fund Group $ 500,000 $ 500,000 4952

TOTAL ALL BUDGET FUND GROUPS - 4953

Administration $ 4,983,906 $ 4,983,906 4954

       Section 203.06.21. DEBT SERVICE 4956

State Highway Safety Fund Group 4957

036 761-401 Lease Rental Payments $ 13,387,100 $ 14,407,000 4958

TOTAL HSF State Highway Safety 4959

Fund Group $ 13,387,100 $ 14,407,000 4960

TOTAL ALL BUDGET FUND GROUPS - 4961

Debt Service $ 13,387,100 $ 14,407,000 4962

       OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS 4963

       The foregoing appropriation item 761-401, Lease Rental 4964
Payments, shall be used for payments to the Ohio Building 4965
Authority for the period July 1, 2005, to June 30, 2007, under the 4966
primary leases and agreements for buildings made under Chapter 4967
152. of the Revised Code that are pledged for bond service charges 4968
on related obligations issued under Chapter 152. of the Revised 4969
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio 4970
Building Authority may, with approval of the Director of Budget 4971
and Management, lease capital facilities to the Department of 4972
Public Safety. 4973

       HILLTOP TRANSFER 4974

       The Director of Public Safety shall determine, per an 4975
agreement with the Director of Transportation, the share of each 4976
debt service payment made out of appropriation item 761-401, Lease 4977
Rental Payments, that relates to the Department of 4978
Transportation's portion of the Hilltop Building Project, and 4979
shall certify to the Director of Budget and Management the amounts 4980
of this share. The Director of Budget and Management shall 4981
transfer the amounts of such shares from the Highway Operating 4982
Fund (Fund 002) to the Highway Safety Fund (Fund 036). 4983

       Section 203.06.24. REVENUE DISTRIBUTION 4984

Holding Account Redistribution Fund Group 4985

R24 762-619 Unidentified Public Safety Receipts $ 1,885,000 $ 1,885,000 4986

R52 762-623 Security Deposits $ 250,000 $ 250,000 4987

TOTAL 090 Holding Account 4988

Redistribution Fund Group $ 2,135,000 $ 2,135,000 4989

TOTAL ALL BUDGET FUND GROUPS - 4990

Revenue Distribution $ 2,135,000 $ 2,135,000 4991

       TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE 4992
REFUND FUND 4993

       On July 1, 2005, or as soon as possible thereafter, the 4994
Director of Budget and Management shall transfer the cash balance 4995
in the Highway Patrol Fee Refund Fund (Fund R27) created in former 4996
section 4501.12 of the Revised Code to the Unidentified Public 4997
Safety Receipts Fund (Fund R24). 4998

TOTAL Department of Public Safety 4999

TOTAL HSF State Highway Safety 5000

Fund Group $ 458,923,346 $ 464,755,777 5001

TOTAL SSR State Special Revenue 5002

Fund Group $ 2,991,969 $ 2,991,969 5003

TOTAL LCF Liquor Control 5004

Fund Group $ 10,120,365 $ 10,423,976 5005

TOTAL GSF General Services 5006

Fund Group $ 752,432 $ 762,186 5007

TOTAL FED Federal Revenue Special 5008

Fund Group $ 157,469,644 $ 157,480,504 5009
TOTAL AGY Agency Fund Group $ 100,000 $ 100,000 5010

TOTAL 090 Holding Account Redistribution 5011

Fund Group $ 2,135,000 $ 2,135,000 5012

TOTAL ALL BUDGET FUND GROUPS $ 632,492,756 $ 638,649,412 5013

       Section 203.06.27. CASH BALANCE FUND REVIEW 5015

       Not later than the first day of April in each fiscal year of 5016
the biennium, the Director of Budget and Management shall review 5017
the cash balances for each fund, except the State Highway Safety 5018
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4), 5019
in the State Highway Safety Fund Group, and shall recommend to the 5020
Controlling Board an amount to be transferred to the credit of the 5021
State Highway Safety Fund or the Bureau of Motor Vehicles Fund, as 5022
appropriate. 5023

       SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND 5024

       The Director of Budget and Management, under a plan submitted 5025
by the Department of Public Safety or as otherwise determined by 5026
the Director, shall set a cash transfer schedule totaling 5027
$57,181,700 in fiscal year 2006 and $38,502,400 in fiscal year 5028
2007 from the Highway Operating Fund, created in section 5735.291 5029
of the Revised Code, to the State Highway Safety Fund, created in 5030
section 4501.06 of the Revised Code. The director shall transfer 5031
the cash at such times as is determined by the transfer schedule. 5032

       Section 203.09. DEV DEPARTMENT OF DEVELOPMENT 5033

Highway Operating Fund Group 5034

4W0 195-629 Roadwork Development $ 17,699,900 $ 17,699,900 5035

TOTAL HOF Highway Operating 5036

Fund Group $ 17,699,900 $ 17,699,900 5037

TOTAL ALL BUDGET FUND GROUPS $ 17,699,900 $ 17,699,900 5038

       ROADWORK DEVELOPMENT FUND 5039

       The Roadwork Development Fund shall be used for road 5040
improvements associated with economic development opportunities 5041
that will retain or attract businesses for Ohio. "Road 5042
improvements" are improvements to public roadway facilities 5043
located on, or serving or capable of serving, a project site. 5044

       The Department of Transportation, under the direction of the 5045
Department of Development, shall provide these funds in accordance 5046
with all guidelines and requirements established for Department of 5047
Development appropriation item 195-412, Business Development, 5048
including Controlling Board review and approval as well as the 5049
requirements for usage of gas tax revenue prescribed in Section 5a 5050
of Article XII, Ohio Constitution. Should the Department of 5051
Development require the assistance of the Department of 5052
Transportation to bring a project to completion, the Department of 5053
Transportation shall use its authority under Title LV of the 5054
Revised Code to provide such assistance and enter into contracts 5055
on behalf of the Department of Development. In addition, these 5056
funds may be used in conjunction with appropriation item 195-412, 5057
Business Development, or any other state funds appropriated for 5058
infrastructure improvements. 5059

       The Director of Budget and Management, pursuant to a plan 5060
submitted by the Department of Development or as otherwise 5061
determined by the Director of Budget and Management, shall set a 5062
cash transfer schedule to meet the cash needs of the Department of 5063
Development's Roadwork Development Fund (Fund 4W0), less any other 5064
available cash. The director shall transfer to the Roadwork 5065
Development Fund from the Highway Operating Fund (Fund 002), 5066
established in section 5735.291 of the Revised Code, such amounts 5067
at such times as determined by the transfer schedule. 5068

       TRANSPORTATION IMPROVEMENT DISTRICTS 5069

       Of the foregoing appropriation item 195-629, Roadwork 5070
Development, $250,000 in each fiscal year of the biennium shall be 5071
paid by the Director of Development to each of the transportation 5072
improvement districts of Butler, Hamilton, Medina, and Montgomery 5073
counties and to the Rossford Transportation Improvement District 5074
in Wood County. The districts may use the payments for any purpose 5075
authorized under Chapter 5540. of the Revised Code, including 5076
administrative activities and the purchase of property and rights 5077
for the construction, maintenance, or operation of a project. 5078
These payments shall not be subject to the restrictions of 5079
appropriation item 195-629, Roadwork Development. 5080

       Section 203.12. PWC PUBLIC WORKS COMMISSION 5081

Local Transportation Improvements Fund Group 5082

052 150-402 LTIP - Operating $ 294,245 $ 306,509 5083

052 150-701 Local Transportation Improvement Program $ 66,000,000 $ 66,000,000 5084

TOTAL 052 Local Transportation 5085

Improvements Fund Group $ 66,294,245 $ 66,306,509 5086

Local Infrastructure Improvements Fund Group 5087

038 150-321 SCIP - Operating Expenses $ 891,324 $ 919,397 5088

TOTAL LIF Local Infrastructure 5089

Improvements Fund Group $ 891,324 $ 919,397 5090

TOTAL ALL BUDGET FUND GROUPS $ 67,185,569 $ 67,225,906 5091

       DISTRICT ADMINISTRATION COSTS 5092

       The Director of the Public Works Commission is authorized to 5093
create a District Administration Costs Program from interest 5094
earnings of the Capital Improvements Fund and Local Transportation 5095
Improvement Program Fund proceeds. The program shall be used to 5096
provide for the direct costs of district administration of the 5097
nineteen public works districts. Districts choosing to participate 5098
in the program shall only expend Capital Improvements Fund moneys 5099
for Capital Improvements Fund costs and Local Transportation 5100
Improvement Program Fund moneys for Local Transportation 5101
Improvement Program Fund costs. The account shall not exceed 5102
$760,000 per fiscal year. Each public works district may be 5103
eligible for up to $40,000 per fiscal year from its district 5104
allocation as provided in sections 164.08 and 164.14 of the 5105
Revised Code. 5106

       The director, by rule, shall define allowable and 5107
nonallowable costs for the purpose of the District Administration 5108
Costs Program. Nonallowable costs include indirect costs, elected 5109
official salaries and benefits, and project-specific costs. No 5110
district public works committee may participate in the District 5111
Administration Costs Program without the approval of those costs 5112
by the district public works committee under section 164.04 of the 5113
Revised Code. 5114

       REAPPROPRIATIONS 5115

       All capital appropriations from the Local Transportation 5116
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 87 of the 5117
125th General Assembly remaining unencumbered as of June 30, 2005, 5118
are reappropriated for use during the period July 1, 2005, through 5119
June 30, 2006, for the same purpose. 5120

       Notwithstanding division (B) of section 127.14 of the Revised 5121
Code, all capital appropriations and reappropriations from the 5122
Local Transportation Improvement Program Fund (Fund 052) in this 5123
act remaining unencumbered as of June 30, 2006, are reappropriated 5124
for use during the period July 1, 2006, through June 30, 2007, for 5125
the same purposes, subject to the availability of revenue as 5126
determined by the Director of the Public Works Commission. 5127

       Section 303.03. PROVISIONS OF LAW GENERALLY APPLICABLE TO 5128
APPROPRIATIONS 5129

       Law contained in the main operating appropriations act of the 5130
126th General Assembly that is generally applicable to the 5131
appropriations made in the main operating appropriations act also 5132
is generally applicable to the appropriations made in this act. 5133

       Section 303.06. LEASE PAYMENTS TO OBA AND TREASURER 5134

       Certain appropriations are in this act for the purpose of 5135
lease payments to the Ohio Building Authority or to the Treasurer 5136
of State under leases and agreements relating to bonds or notes 5137
issued by the Ohio Building Authority or the Treasurer of State 5138
under the Ohio Constitution and acts of the General Assembly. If 5139
it is determined that additional appropriations are necessary for 5140
this purpose, such amounts are hereby appropriated. 5141

       Section 606.03. If any item of law that constitutes the whole 5142
or part of a codified or uncodified section of law contained in 5143
this act, or if any application of any item of law that 5144
constitutes the whole or part of a codified or uncodified section 5145
of law contained in this act, is held invalid, the invalidity does 5146
not affect other items of law or applications of items of law that 5147
can be given effect without the invalid item of law or 5148
application. To this end, the items of law of which the codified 5149
and uncodified sections contained in this act are composed, and 5150
their applications, are independent and severable. 5151

       Section 612.03. Except as otherwise specifically provided in 5152
this act, the codified sections of law amended or enacted in this 5153
act, and the items of law of which the codified sections of law 5154
amended or enacted in this act are composed, are subject to the 5155
referendum. Therefore, under Ohio Constitution, Article II, 5156
Section 1c and section 1.471 of the Revised Code, the codified 5157
sections of law amended or enacted by this act, and the items of 5158
law of which the codified sections of law as amended or enacted by 5159
this act are composed, take effect on the ninety-first day after 5160
this act is filed with the Secretary of State. If, however, a 5161
referendum petition is filed against any such codified section of 5162
law as amended or enacted by this act, or against any item of law 5163
of which any such codified section of law as amended or enacted by 5164
this act is composed, the codified section of law as amended or 5165
enacted, or item of law, unless rejected at the referendum, takes 5166
effect at the earliest time permitted by law. 5167

       Section 612.09. Sections 109.572, 4501.26, 4503.26, 4503.40, 5168
4503.42, 4508.06, 4508.10, 4509.27, 4749.03, 4749.06, and 4749.10 5169
of the Revised Code, as amended or enacted by this act, and the 5170
items of law of which such sections as amended or enacted by this 5171
act are composed, are not subject to the referendum. Therefore, 5172
under Ohio Constitution, Article II, Section 1d and section 1.471 5173
of the Revised Code, such sections as amended or enacted by this 5174
act, and the items of law of which such sections as amended or 5175
enacted by this act are composed, are entitled to go into 5176
immediate effect when this act becomes law. However, those 5177
sections as amended by this act, and the items of law which those 5178
sections as amended by this act are composed, take effect on July 5179
1, 2005. 5180

       Section 612.12. The repeal by this act of sections 4501.12 5181
and 4501.35 of the Revised Code is not subject to the referendum. 5182
Therefore, under Ohio Constitution, Article II, Section 1d and 5183
section 1.471 of the Revised Code, such repeals are entitled to go 5184
into immediate effect when this act becomes law. However, those 5185
sections as repealed by this act, and the items of law which those 5186
sections as repealed by this act are composed, go into effect on 5187
July 1, 2005. 5188

       Section 612.18. If the amendment or enactment in this act of 5189
a codified section of law is subject to the referendum, the 5190
corresponding indications in the amending, enacting, or existing 5191
repeal clauses commanding the amendment or enactment also are 5192
subject to the referendum, along with the amendment or enactment. 5193
If the amendment, enactment, or repeal by this act of a codified 5194
or uncodified section of law is not subject to the referendum, the 5195
corresponding indications in the amending, enacting, or repeal 5196
clauses commanding the amendment, enactment, or repeal also are 5197
not subject to the referendum, the same as the amendment, 5198
enactment, or repeal. 5199

       Section 615.03. The items in the uncodified sections of law 5200
contained in this act that appropriate money for the current 5201
expenses of state government, earmark this class of 5202
appropriations, or depend for their implementation upon an 5203
appropriation for the current expenses of state government are not 5204
subject to the referendum. Therefore, under Ohio Constitution, 5205
Article II, Section 1d and section 1.471 of the Revised Code, 5206
these items go into immediate effect when this act becomes law. 5207

       The items in the uncodified sections of law contained in this 5208
act that appropriate money other than for the current expenses of 5209
state government, earmark this class of appropriations, or do not 5210
depend for their implementation upon an appropriation for the 5211
current expenses of state government are subject to the 5212
referendum. Therefore, under Ohio Constitution, Article II, 5213
Section 1c and section 1.471 of the Revised Code, these items take 5214
effect on the ninety-first day after this act is filed with the 5215
Secretary of State. If, however, a referendum petition is filed 5216
against such an item, the item, unless rejected at the referendum, 5217
takes effect at the earliest time permitted by law. 5218

       This section is not subject to the referendum. Therefore, 5219
under Ohio Constitution, Article II, Section 1d and section 1.471 5220
of the Revised Code, this section goes into immediate effect when 5221
this act becomes law. 5222

       Section 618.03. The General Assembly, applying the principle 5223
stated in division (B) of section 1.52 of the Revised Code that 5224
amendments are to be harmonized if reasonably capable of 5225
simultaneous operation, finds that the following sections, 5226
presented in this act as composites of the sections as amended by 5227
the acts indicated, are the resulting versions of the sections in 5228
effect prior to the effective date of the sections as presented in 5229
this act: 5230

       Section 109.572 of the Revised Code as amended by Am. Sub. 5231
H.B. 117, Am. Sub. H.B. 306, Am. Sub. S.B. 53, and Am. S.B. 178, 5232
all of the 125th General Assembly. 5233

       Section 307.12 of the Revised Code as amended by both Sub. 5234
H.B. 204 and Sub. H.B. 323 of the 125th General Assembly. 5235

Section 101.01. That sections 109.572, 122.14, 307.12,	19
315.08, 315.14, 315.18, 4501.04, 4501.06, 4501.21, 4501.26,	20
4503.02, 4503.103, 4503.181, 4503.19, 4503.21, 4503.23, 4503.26,	21
4503.40, 4503.42, 4505.021, 4505.031, 4505.032, 4505.06, 4505.08,	22
4506.08, 4506.14, 4508.06, 4509.27, 4513.34, 4519.58, 4549.10,	23
4749.03, 4749.06, 4749.10, 5501.11, 5513.04, 5525.01, 5525.10,	24
5525.15, 5531.09, 5531.10, 5537.17, 5543.02, 5735.05, 5735.23,	25
5735.25, 5735.27, 5735.28, and 5735.29 be amended and sections	26
4503.192, 4503.85, 4508.10, and 5537.161 of the Revised Code be	27
enacted to read as follows:	28

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	29
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,	30
5104.013, or 5153.111 of the Revised Code, a completed form	31
prescribed pursuant to division (C)(1) of this section, and a set	32
of fingerprint impressions obtained in the manner described in	33
division (C)(2) of this section, the superintendent of the bureau	34
of criminal identification and investigation shall conduct a	35
criminal records check in the manner described in division (B) of	36
this section to determine whether any information exists that	37
indicates that the person who is the subject of the request	38
previously has been convicted of or pleaded guilty to any of the	39
following:	40

(a) A violation of section 2903.01, 2903.02, 2903.03,	41
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	42
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	43
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	44
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	45
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	46
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	47
2925.06, or 3716.11 of the Revised Code, felonious sexual	48
penetration in violation of former section 2907.12 of the Revised	49
Code, a violation of section 2905.04 of the Revised Code as it	50
existed prior to July 1, 1996, a violation of section 2919.23 of	51
the Revised Code that would have been a violation of section	52
2905.04 of the Revised Code as it existed prior to July 1, 1996,	53
had the violation been committed prior to that date, or a	54
violation of section 2925.11 of the Revised Code that is not a	55
minor drug possession offense;	56

(b) A violation of an existing or former law of this state,	57
any other state, or the United States that is substantially	58
equivalent to any of the offenses listed in division (A)(1)(a) of	59
this section.	60

(2) On receipt of a request pursuant to section 5123.081 of	61
the Revised Code with respect to an applicant for employment in	62
any position with the department of mental retardation and	63
developmental disabilities, pursuant to section 5126.28 of the	64
Revised Code with respect to an applicant for employment in any	65
position with a county board of mental retardation and	66
developmental disabilities, or pursuant to section 5126.281 of the	67
Revised Code with respect to an applicant for employment in a	68
direct services position with an entity contracting with a county	69
board for employment, a completed form prescribed pursuant to	70
division (C)(1) of this section, and a set of fingerprint	71
impressions obtained in the manner described in division (C)(2) of	72
this section, the superintendent of the bureau of criminal	73
identification and investigation shall conduct a criminal records	74
check. The superintendent shall conduct the criminal records check	75
in the manner described in division (B) of this section to	76
determine whether any information exists that indicates that the	77
person who is the subject of the request has been convicted of or	78
pleaded guilty to any of the following:	79

(a) A violation of section 2903.01, 2903.02, 2903.03,	80
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	81
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	82
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	83
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	84
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	85
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	86
2925.03, or 3716.11 of the Revised Code;	87

(b) An existing or former municipal ordinance or law of this	88
state, any other state, or the United States that is substantially	89
equivalent to any of the offenses listed in division (A)(2)(a) of	90
this section.	91

(3) On receipt of a request pursuant to section 173.41,	92
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	93
form prescribed pursuant to division (C)(1) of this section, and a	94
set of fingerprint impressions obtained in the manner described in	95
division (C)(2) of this section, the superintendent of the bureau	96
of criminal identification and investigation shall conduct a	97
criminal records check with respect to any person who has applied	98
for employment in a position that involves providing direct care	99
to an older adult. The superintendent shall conduct the criminal	100
records check in the manner described in division (B) of this	101
section to determine whether any information exists that indicates	102
that the person who is the subject of the request previously has	103
been convicted of or pleaded guilty to any of the following:	104

(a) A violation of section 2903.01, 2903.02, 2903.03,	105
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	106
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	107
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	108
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	109
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	110
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	111
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	112
2925.22, 2925.23, or 3716.11 of the Revised Code;	113

(b) An existing or former law of this state, any other state,	114
or the United States that is substantially equivalent to any of	115
the offenses listed in division (A)(3)(a) of this section.	116

(4) On receipt of a request pursuant to section 3701.881 of	117
the Revised Code with respect to an applicant for employment with	118
a home health agency as a person responsible for the care,	119
custody, or control of a child, a completed form prescribed	120
pursuant to division (C)(1) of this section, and a set of	121
fingerprint impressions obtained in the manner described in	122
division (C)(2) of this section, the superintendent of the bureau	123
of criminal identification and investigation shall conduct a	124
criminal records check. The superintendent shall conduct the	125
criminal records check in the manner described in division (B) of	126
this section to determine whether any information exists that	127
indicates that the person who is the subject of the request	128
previously has been convicted of or pleaded guilty to any of the	129
following:	130

(a) A violation of section 2903.01, 2903.02, 2903.03,	131
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	132
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	133
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	134
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	135
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	136
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	137
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	138
violation of section 2925.11 of the Revised Code that is not a	139
minor drug possession offense;	140

(b) An existing or former law of this state, any other state,	141
or the United States that is substantially equivalent to any of	142
the offenses listed in division (A)(4)(a) of this section.	143

(5) On receipt of a request pursuant to section 5111.95 or	144
5111.96 of the Revised Code with respect to an applicant for	145
employment with a waiver agency participating in a department of	146
job and family services administered home and community-based	147
waiver program or an independent provider participating in a	148
department administered home and community-based waiver program in	149
a position that involves providing home and community-based waiver	150
services to consumers with disabilities, a completed form	151
prescribed pursuant to division (C)(1) of this section, and a set	152
of fingerprint impressions obtained in the manner described in	153
division (C)(2) of this section, the superintendent of the bureau	154
of criminal identification and investigation shall conduct a	155
criminal records check. The superintendent shall conduct the	156
criminal records check in the manner described in division (B) of	157
this section to determine whether any information exists that	158
indicates that the person who is the subject of the request	159
previously has been convicted of or pleaded guilty to any of the	160
following:	161

(a) A violation of section 2903.01, 2903.02, 2903.03,	162
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	163
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	164
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	165
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	166
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	167
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	168
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	169
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	170
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	171
Revised Code, felonious sexual penetration in violation of former	172
section 2907.12 of the Revised Code, a violation of section	173
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	174
violation of section 2919.23 of the Revised Code that would have	175
been a violation of section 2905.04 of the Revised Code as it	176
existed prior to July 1, 1996, had the violation been committed	177
prior to that date;	178

(b) An existing or former law of this state, any other state,	179
or the United States that is substantially equivalent to any of	180
the offenses listed in division (A)(5)(a) of this section.	181

(6) On receipt of a request pursuant to section 3701.881 of	182
the Revised Code with respect to an applicant for employment with	183
a home health agency in a position that involves providing direct	184
care to an older adult, a completed form prescribed pursuant to	185
division (C)(1) of this section, and a set of fingerprint	186
impressions obtained in the manner described in division (C)(2) of	187
this section, the superintendent of the bureau of criminal	188
identification and investigation shall conduct a criminal records	189
check. The superintendent shall conduct the criminal records check	190
in the manner described in division (B) of this section to	191
determine whether any information exists that indicates that the	192
person who is the subject of the request previously has been	193
convicted of or pleaded guilty to any of the following:	194

(b) An existing or former law of this state, any other state,	204
or the United States that is substantially equivalent to any of	205
the offenses listed in division (A)(6)(a) of this section.	206

(7) When conducting a criminal records check upon a request	207
pursuant to section 3319.39 of the Revised Code for an applicant	208
who is a teacher, in addition to the determination made under	209
division (A)(1) of this section, the superintendent shall	210
determine whether any information exists that indicates that the	211
person who is the subject of the request previously has been	212
convicted of or pleaded guilty to any offense specified in section	213
3319.31 of the Revised Code.	214

(8) On a request pursuant to section 2151.86 of the Revised	215
Code, a completed form prescribed pursuant to division (C)(1) of	216
this section, and a set of fingerprint impressions obtained in the	217
manner described in division (C)(2) of this section, the	218
superintendent of the bureau of criminal identification and	219
investigation shall conduct a criminal records check in the manner	220
described in division (B) of this section to determine whether any	221
information exists that indicates that the person who is the	222
subject of the request previously has been convicted of or pleaded	223
guilty to any of the following:	224

(9) On receipt of a request for a criminal records check from	245
an individual pursuant to section 4749.03 or 4749.06 of the	246
Revised Code, accompanied by a completed copy of the form	247
prescribed in division (C)(1) of this section and a set of	248
fingerprint impressions obtained in a manner described in division	249
(C)(2) of this section, the superintendent of the bureau of	250
criminal identification and investigation shall conduct a criminal	251
records check in the manner described in division (B) of this	252
section to determine whether any information exists indicating	253
that the person who is the subject of the request has been	254
convicted of or pleaded guilty to a felony in this state or in any	255
other state. If the individual indicates that a firearm will be	256
carried in the course of business, the superintendent shall	257
require information from the federal bureau of investigation as	258
described in division (B)(2) of this section. The superintendent	259
shall report the findings of the criminal records check and any	260
information the federal bureau of investigation provides to the	261
director of public safety.	262

(10) Not later than thirty days after the date the	263
superintendent receives the request, completed form, and	264
fingerprint impressions, the superintendent shall send the person,	265
board, or entity that made the request any information, other than	266
information the dissemination of which is prohibited by federal	267
law, the superintendent determines exists with respect to the	268
person who is the subject of the request that indicates that the	269
person previously has been convicted of or pleaded guilty to any	270
offense listed or described in division (A)(1), (2), (3), (4),	271
(5), (6), (7), or (8), or (9) of this section, as appropriate. The	272
superintendent shall send the person, board, or entity that made	273
the request a copy of the list of offenses specified in division	274
(A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this	275
section, as appropriate. If the request was made under section	276
3701.881 of the Revised Code with regard to an applicant who may	277
be both responsible for the care, custody, or control of a child	278
and involved in providing direct care to an older adult, the	279
superintendent shall provide a list of the offenses specified in	280
divisions (A)(4) and (6) of this section.	281

(B) The superintendent shall conduct any criminal records	282
check requested under section 121.08, 173.41, 2151.86, 3301.32,	283
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,	284
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	285
5126.281, or 5153.111 of the Revised Code as follows:	286

(1) The superintendent shall review or cause to be reviewed	287
any relevant information gathered and compiled by the bureau under	288
division (A) of section 109.57 of the Revised Code that relates to	289
the person who is the subject of the request, including any	290
relevant information contained in records that have been sealed	291
under section 2953.32 of the Revised Code;	292

(2) If the request received by the superintendent asks for	293
information from the federal bureau of investigation, the	294
superintendent shall request from the federal bureau of	295
investigation any information it has with respect to the person	296
who is the subject of the request and shall review or cause to be	297
reviewed any information the superintendent receives from that	298
bureau.	299

(3) The superintendent or the superintendent's designee may	300
request criminal history records from other states or the federal	301
government pursuant to the national crime prevention and privacy	302
compact set forth in section 109.571 of the Revised Code.	303

(C)(1) The superintendent shall prescribe a form to obtain	304
the information necessary to conduct a criminal records check from	305
any person for whom a criminal records check is required by	306
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	307
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012,	308
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	309
5153.111 of the Revised Code. The form that the superintendent	310
prescribes pursuant to this division may be in a tangible format,	311
in an electronic format, or in both tangible and electronic	312
formats.	313

(2) The superintendent shall prescribe standard impression	314
sheets to obtain the fingerprint impressions of any person for	315
whom a criminal records check is required by section 121.08,	316
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	317
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	318
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	319
Code. Any person for whom a records check is required by any of	320
those sections shall obtain the fingerprint impressions at a	321
county sheriff's office, municipal police department, or any other	322
entity with the ability to make fingerprint impressions on the	323
standard impression sheets prescribed by the superintendent. The	324
office, department, or entity may charge the person a reasonable	325
fee for making the impressions. The standard impression sheets the	326
superintendent prescribes pursuant to this division may be in a	327
tangible format, in an electronic format, or in both tangible and	328
electronic formats.	329

(3) Subject to division (D) of this section, the	330
superintendent shall prescribe and charge a reasonable fee for	331
providing a criminal records check requested under section 121.08,	332
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	333
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	334
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	335
Code. The person making a criminal records request under section	336
121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	337
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	338
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	339
Revised Code shall pay the fee prescribed pursuant to this	340
division. A person making a request under section 3701.881 of the	341
Revised Code for a criminal records check for an applicant who may	342
be both responsible for the care, custody, or control of a child	343
and involved in providing direct care to an older adult shall pay	344
one fee for the request.	345

(4) The superintendent of the bureau of criminal	346
identification and investigation may prescribe methods of	347
forwarding fingerprint impressions and information necessary to	348
conduct a criminal records check, which methods shall include, but	349
not be limited to, an electronic method.	350