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To amend sections 2949.092, 5502.01, 5502.61, and | 1 |
5502.62 and to enact sections 2949.094, 5502.67, | 2 |
and 5502.68 of the Revised Code to require a court | 3 |
to impose an additional court cost of five dollars | 4 |
for a moving violation to fund grants to local | 5 |
drug law enforcement task forces, to create the | 6 |
Drug Law Enforcement Fund in the Division of | 7 |
Criminal Justice Services of the Department of | 8 |
Public Safety, and to create the Drug Law | 9 |
Enforcement Fund Advisory Committee to make | 10 |
funding recommendations to the Division. | 11 |
Section 1. That sections 2949.092, 5502.01, 5502.61, and | 12 |
5502.62 be amended and sections 2949.094, 5502.67, and 5502.68 of | 13 |
the Revised Code be enacted to read as follows: | 14 |
Sec. 2949.092. If a person is convicted of or pleads guilty | 15 |
to an offense and the court specifically is required, pursuant to | 16 |
section 2743.70, 2949.091, | 17 |
Code or pursuant to any other section of the Revised Code to | 18 |
impose a specified sum of money as costs in the case in addition | 19 |
to any other costs that the court is required or permitted by law | 20 |
to impose in the case, the court shall not waive the payment of | 21 |
the specified additional court costs that the section of the | 22 |
Revised Code specifically requires the court to impose unless the | 23 |
court determines that the offender is indigent and the court | 24 |
waives the payment of all court costs imposed upon the offender. | 25 |
Sec. 2949.094. (A) The court in which any person is convicted | 26 |
of or pleads guilty to any moving violation shall impose an | 27 |
additional court cost of five dollars upon the offender. The court | 28 |
shall not waive the payment of the five dollars unless the court | 29 |
determines that the offender is indigent and waives the payment of | 30 |
all court costs imposed upon the indigent offender. | 31 |
The clerk of the court shall transmit all additional court | 32 |
costs collected pursuant to this division during a month on the | 33 |
first business day of the following month to the division of | 34 |
criminal justice services within the department of public safety | 35 |
for deposit in the drug law enforcement fund, created under | 36 |
section 5502.67 of the Revised Code. | 37 |
(B) The juvenile court in which a child is found to be a | 38 |
juvenile traffic offender for an act that is a moving violation | 39 |
shall impose an additional court cost of five dollars upon the | 40 |
juvenile traffic offender. The juvenile court shall not waive the | 41 |
payment of the five dollars unless the court determines that the | 42 |
juvenile is indigent and waives the payment of all court costs | 43 |
imposed upon the indigent offender. | 44 |
The clerk of the court shall transmit all additional court | 45 |
costs collected pursuant to this division during a month on the | 46 |
first business day of the following month to the division of | 47 |
criminal justice services within the department of public safety | 48 |
for deposit in the drug law enforcement fund, created under | 49 |
section 5502.67 of the Revised Code. | 50 |
(C) Whenever a person is charged with any offense that is a | 51 |
moving violation and posts bail, the court shall add to the amount | 52 |
of the bail the five dollars required to be paid by division (A) | 53 |
of this section. The clerk of the court shall retain the five | 54 |
dollars until the person is convicted, pleads guilty, forfeits | 55 |
bail, is found not guilty, or has the charges dismissed. If the | 56 |
person is convicted, pleads guilty, or forfeits bail, the clerk | 57 |
shall transmit the five dollars to the division of criminal | 58 |
justice services within the department of public safety for | 59 |
deposit in the drug law enforcement fund, created under section | 60 |
5502.67 of the Revised Code. If the person is found not guilty or | 61 |
the charges are dismissed, the clerk shall return the five dollars | 62 |
to the person. | 63 |
(D) No person shall be placed or held in a detention facility | 64 |
for failing to pay the court cost or bail that is required to be | 65 |
paid by this section. | 66 |
(E) As used in this section: | 67 |
(1) "Bail" and "moving violation" have the same meanings as | 68 |
in section 2949.093 of the Revised Code. | 69 |
(2) "Detention facility" has the same meaning as in section | 70 |
2921.01 of the Revised Code. | 71 |
Sec. 5502.01. (A) The department of public safety shall | 72 |
administer and enforce the laws relating to the registration, | 73 |
licensing, sale, and operation of motor vehicles and the laws | 74 |
pertaining to the licensing of drivers of motor vehicles. | 75 |
The department shall compile, analyze, and publish statistics | 76 |
relative to motor vehicle accidents and the causes of them, | 77 |
prepare and conduct educational programs for the purpose of | 78 |
promoting safety in the operation of motor vehicles on the | 79 |
highways, and conduct research and studies for the purpose of | 80 |
promoting safety on the highways of this state. | 81 |
(B) The department shall administer the laws and rules | 82 |
relative to trauma and emergency medical services specified in | 83 |
Chapter 4765. of the Revised Code. | 84 |
(C) The department shall administer and enforce the laws | 85 |
contained in Chapters 4301. and 4303. of the Revised Code and | 86 |
enforce the rules and orders of the liquor control commission | 87 |
pertaining to retail liquor permit holders. | 88 |
(D) The department shall administer the laws governing the | 89 |
state emergency management agency and shall enforce all additional | 90 |
duties and responsibilities as prescribed in the Revised Code | 91 |
related to emergency management services. | 92 |
(E) The department shall conduct investigations pursuant to | 93 |
Chapter 5101. of the Revised Code in support of the duty of the | 94 |
department of job and family services to administer food stamp | 95 |
programs throughout this state. The department of public safety | 96 |
shall conduct investigations necessary to protect the state's | 97 |
property rights and interests in the food stamp program. | 98 |
(F) The department of public safety shall enforce compliance | 99 |
with orders and rules of the public utilities commission and | 100 |
applicable laws in accordance with Chapters 4919., 4921., and | 101 |
4923. of the Revised Code regarding commercial motor vehicle | 102 |
transportation safety, economic, and hazardous materials | 103 |
requirements. | 104 |
(G) Notwithstanding Chapter 4117. of the Revised Code, the | 105 |
department of public safety may establish requirements for its | 106 |
enforcement personnel, including its enforcement agents described | 107 |
in section 5502.14 of the Revised Code, that include standards of | 108 |
conduct, work rules and procedures, and criteria for eligibility | 109 |
as law enforcement personnel. | 110 |
(H) The department shall administer, maintain, and operate | 111 |
the Ohio criminal justice network. The Ohio criminal justice | 112 |
network shall be a computer network that supports state and local | 113 |
criminal justice activities. The network shall be an electronic | 114 |
repository for various data, which may include arrest warrants, | 115 |
notices of persons wanted by law enforcement agencies, criminal | 116 |
records, prison inmate records, stolen vehicle records, vehicle | 117 |
operator's licenses, and vehicle registrations and titles. | 118 |
(I) The department shall coordinate all homeland security | 119 |
activities of all state agencies and shall be a liaison between | 120 |
state agencies and local entities for those activities and related | 121 |
purposes. | 122 |
(J) Beginning July 1, 2004, the department shall administer | 123 |
and enforce the laws relative to private investigators and | 124 |
security service providers specified in Chapter 4749. of the | 125 |
Revised Code. | 126 |
(K) The department shall administer criminal justice services | 127 |
in accordance with sections 5502.61 to | 128 |
Revised Code. | 129 |
Sec. 5502.61. As used in sections 5502.61 to | 130 |
of the Revised Code: | 131 |
(A) "Federal criminal justice acts" means any federal law | 132 |
that authorizes financial assistance and other forms of assistance | 133 |
to be given by the federal government to the states to be used for | 134 |
the improvement of the criminal and juvenile justice systems of | 135 |
the states. | 136 |
(B)(1) "Criminal justice system" includes all of the | 137 |
functions of the following: | 138 |
(a) The state highway patrol, county sheriff offices, | 139 |
municipal and township police departments, and all other law | 140 |
enforcement agencies; | 141 |
(b) The courts of appeals, courts of common pleas, municipal | 142 |
courts, county courts, and mayor's courts, when dealing with | 143 |
criminal cases; | 144 |
(c) The prosecuting attorneys, city directors of law, village | 145 |
solicitors, and other prosecuting authorities when prosecuting or | 146 |
otherwise handling criminal cases, and the county and joint county | 147 |
public defenders and other public defender agencies or offices; | 148 |
(d) The department of rehabilitation and correction, | 149 |
probation departments, county and municipal jails and workhouses, | 150 |
and any other department, agency, or facility that is concerned | 151 |
with the rehabilitation or correction of criminal offenders; | 152 |
(e) Any public or private agency whose purposes include the | 153 |
prevention of crime or the diversion, adjudication, detention, or | 154 |
rehabilitation of criminal offenders; | 155 |
(f) Any public or private agency, the purposes of which | 156 |
include assistance to crime victims or witnesses. | 157 |
(2) The inclusion of any public or private agency, the | 158 |
purposes of which include assistance to crime victims or | 159 |
witnesses, as part of the criminal justice system pursuant to | 160 |
division (B)(1) of this section does not limit, and shall not be | 161 |
construed as limiting, the discretion or authority of the attorney | 162 |
general with respect to crime victim assistance and criminal | 163 |
justice programs. | 164 |
(C) "Juvenile justice system" includes all of the functions | 165 |
of the juvenile courts, the department of youth services, any | 166 |
public or private agency whose purposes include the prevention of | 167 |
delinquency or the diversion, adjudication, detention, or | 168 |
rehabilitation of delinquent children, and any of the functions of | 169 |
the criminal justice system that are applicable to children. | 170 |
(D) "Comprehensive plan" means a document that coordinates, | 171 |
evaluates, and otherwise assists, on an annual or multi-year | 172 |
basis, any of the functions of the criminal and juvenile justice | 173 |
systems of the state or a specified area of the state, that | 174 |
conforms to the priorities of the state with respect to criminal | 175 |
and juvenile justice systems, and that conforms with the | 176 |
requirements of all federal criminal justice acts. These functions | 177 |
may include, but are not limited to, any of the following: | 178 |
(1) Crime and delinquency prevention; | 179 |
(2) Identification, detection, apprehension, and detention of | 180 |
persons charged with criminal offenses or delinquent acts; | 181 |
(3) Assistance to crime victims or witnesses, except that the | 182 |
comprehensive plan does not include the functions of the attorney | 183 |
general pursuant to sections 109.91 and 109.92 of the Revised | 184 |
Code; | 185 |
(4) Adjudication or diversion of persons charged with | 186 |
criminal offenses or delinquent acts; | 187 |
(5) Custodial treatment of criminal offenders, delinquent | 188 |
children, or both; | 189 |
(6) Institutional and noninstitutional rehabilitation of | 190 |
criminal offenders, delinquent children, or both. | 191 |
(E) "Metropolitan county criminal justice services agency" | 192 |
means an agency that is established pursuant to division (A) of | 193 |
section 5502.64 of the Revised Code. | 194 |
(F) "Administrative planning district" means a district that | 195 |
is established pursuant to division (A) or (B) of section 5502.66 | 196 |
of the Revised Code. | 197 |
(G) "Criminal justice coordinating council" means a criminal | 198 |
justice services agency that is established pursuant to division | 199 |
(D) of section 5502.66 of the Revised Code. | 200 |
(H) "Local elected official" means any person who is a member | 201 |
of a board of county commissioners or township trustees or of a | 202 |
city or village council, judge of the court of common pleas, a | 203 |
municipal court, or a county court, sheriff, county coroner, | 204 |
prosecuting attorney, city director of law, village solicitor, or | 205 |
mayor. | 206 |
(I) "Juvenile justice coordinating council" means a juvenile | 207 |
justice services agency that is established pursuant to division | 208 |
(D) of section 5502.66 of the Revised Code. | 209 |
(J) "Mcgruff house program" means a program in which | 210 |
individuals or families volunteer to have their homes or other | 211 |
buildings serve as places of temporary refuge for children and to | 212 |
display the mcgruff house symbol identifying the home or building | 213 |
as that type of place. | 214 |
(K) "Mcgruff house symbol" means the symbol that is | 215 |
characterized by the image of "mcgruff," the crime dog, and the | 216 |
slogan "take a bite out of crime," and that has been adopted by | 217 |
the national crime prevention council as the symbol of its | 218 |
national citizens' crime prevention campaign. | 219 |
(L) "Sponsoring agency" means any of the following: | 220 |
(1) The board of education of any city, local, or exempted | 221 |
village school district; | 222 |
(2) The governing board of any educational service center; | 223 |
(3) The governing authority of any chartered nonpublic | 224 |
school; | 225 |
(4) The police department of any municipal corporation, | 226 |
township, township police district, or joint township police | 227 |
district; | 228 |
(5) The office of any township constable or county sheriff. | 229 |
Sec. 5502.62. (A) There is hereby created in the department | 230 |
of public safety a division of criminal justice services. The | 231 |
director of public safety, with the concurrence of the governor, | 232 |
shall appoint an executive director of the division of criminal | 233 |
justice services. The executive director shall be the head of the | 234 |
division. The executive director shall serve at the pleasure of | 235 |
the director of public safety. To carry out the duties assigned | 236 |
under this section and to comply with sections 5502.63 to | 237 |
5502.68 of the Revised Code, the executive director, subject to | 238 |
the direction and control of the director of public safety, may | 239 |
appoint and maintain any necessary staff and may enter into any | 240 |
necessary contracts and other agreements. The executive director | 241 |
of the division, and all professional and technical personnel | 242 |
employed within the division who are not public employees as | 243 |
defined in section 4117.01 of the Revised Code, shall be in the | 244 |
unclassified civil service, and all other persons employed within | 245 |
the division shall be in the classified civil service. | 246 |
(B) Subject to division (F) of this section and subject to | 247 |
divisions (D) to (F) of section 5120.09 of the Revised Code | 248 |
insofar as those divisions relate to federal criminal justice acts | 249 |
that the governor requires the department of rehabilitation and | 250 |
correction to administer, the division of criminal justice | 251 |
services shall do all of the following: | 252 |
(1) Serve as the state criminal justice services agency and | 253 |
perform criminal justice system planning in the state, including | 254 |
any planning that is required by any federal law; | 255 |
(2) Collect, analyze, and correlate information and data | 256 |
concerning the criminal justice system in the state; | 257 |
(3) Cooperate with and provide technical assistance to state | 258 |
departments, administrative planning districts, metropolitan | 259 |
county criminal justice services agencies, criminal justice | 260 |
coordinating councils, agencies, offices, and departments of the | 261 |
criminal justice system in the state, and other appropriate | 262 |
organizations and persons; | 263 |
(4) Encourage and assist agencies, offices, and departments | 264 |
of the criminal justice system in the state and other appropriate | 265 |
organizations and persons to solve problems that relate to the | 266 |
duties of the division; | 267 |
(5) Administer within the state any federal criminal justice | 268 |
acts that the governor requires it to administer; | 269 |
(6) Administer funds received under the "Family Violence | 270 |
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. | 271 |
10401, as amended, with all powers necessary for the adequate | 272 |
administration of those funds, including the authority to | 273 |
establish a family violence prevention and services program; | 274 |
(7) Implement the state comprehensive plans; | 275 |
(8) Audit grant activities of agencies, offices, | 276 |
organizations, and persons that are financed in whole or in part | 277 |
by funds granted through the division; | 278 |
(9) Monitor or evaluate the performance of criminal justice | 279 |
system projects and programs in the state that are financed in | 280 |
whole or in part by funds granted through the division; | 281 |
(10) Apply for, allocate, disburse, and account for grants | 282 |
that are made available pursuant to federal criminal justice acts, | 283 |
or made available from other federal, state, or private sources, | 284 |
to improve the criminal justice system in the state. All money | 285 |
from such federal grants that require that the money be deposited | 286 |
into an interest-bearing fund or account, that are intended to | 287 |
provide funding to local criminal justice programs, and that | 288 |
require that investment earnings be distributed for program | 289 |
purposes shall be deposited in the state treasury to the credit of | 290 |
the federal justice programs funds, which are hereby created. A | 291 |
separate fund shall be established each federal fiscal year. All | 292 |
investment earnings of a federal justice programs fund shall be | 293 |
credited to that fund and distributed in accordance with the terms | 294 |
of the grant under which the money is received. | 295 |
(11) Contract with federal, state, and local agencies, | 296 |
foundations, corporations, businesses, and persons when necessary | 297 |
to carry out the duties of the division; | 298 |
(12) Oversee the activities of metropolitan county criminal | 299 |
justice services agencies, administrative planning districts, and | 300 |
criminal justice coordinating councils in the state; | 301 |
(13) Advise the director of public safety, general assembly, | 302 |
and governor on legislation and other significant matters that | 303 |
pertain to the improvement and reform of criminal and juvenile | 304 |
justice systems in the state; | 305 |
(14) Prepare and recommend legislation to the director of | 306 |
public safety, general assembly, and governor for the improvement | 307 |
of the criminal and juvenile justice systems in the state; | 308 |
(15) Assist, advise, and make any reports that are requested | 309 |
or required by the governor, director of public safety, attorney | 310 |
general, or general assembly; | 311 |
(16) Develop and maintain the Ohio incident-based reporting | 312 |
system in accordance with division (C) of this section; | 313 |
(17) Subject to the approval of the director of public | 314 |
safety, adopt rules pursuant to Chapter 119. of the Revised Code; | 315 |
(18)(a) Not later than June 1, 2007, and subject to the | 316 |
approval of the director of public safety, adopt rules for the | 317 |
establishment and maintenance of a mcgruff house program by any | 318 |
sponsoring agency. The rules shall include the following: | 319 |
(i) The adoption of the mcgruff house symbol to be used | 320 |
exclusively in all mcgruff house programs in this state; | 321 |
(ii) The requirements for any sponsoring agency to establish | 322 |
and maintain a mcgruff house program; | 323 |
(iii) The criteria for the selection of volunteers to | 324 |
participate in a mcgruff house program that shall include, but not | 325 |
be limited to, criminal background checks of those volunteers; | 326 |
(iv) Any other matters that the division of criminal justice | 327 |
services considers necessary for the establishment and maintenance | 328 |
of mcgruff house programs by sponsoring agencies and the | 329 |
participation of volunteers in those programs. | 330 |
(b) The division of criminal justice services shall | 331 |
distribute materials and provide technical assistance to any | 332 |
sponsoring agency that establishes and maintains a mcgruff house | 333 |
program, any volunteer group or organization that provides | 334 |
assistance to that sponsoring agency, or any volunteer who | 335 |
participates in a mcgruff house program. | 336 |
(19) Administer all money deposited into the drug law | 337 |
enforcement fund that is created under section 5502.67 of the | 338 |
Revised Code, establish a procedure for making applications for | 339 |
money from the fund as provided in section 5502.68 of the Revised | 340 |
Code, and make final determinations under section 5502.68 of the | 341 |
Revised Code regarding those applications. | 342 |
(C) The division of criminal justice services shall develop | 343 |
and maintain the Ohio incident-based reporting system to | 344 |
facilitate the sharing of information with the federal bureau of | 345 |
investigation and participating law enforcement agencies in Ohio. | 346 |
The Ohio incident-based reporting system shall be known as OIBRS. | 347 |
In connection with OIBRS, the division shall do all of the | 348 |
following: | 349 |
(1) Collect and organize statistical data for reporting to | 350 |
the national incident-based reporting system operated by the | 351 |
federal bureau of investigation for the purpose of securing | 352 |
federal criminal justice grants; | 353 |
(2) Analyze and highlight mapping data for participating law | 354 |
enforcement agencies; | 355 |
(3) Distribute data and analyses to participating law | 356 |
enforcement agencies; | 357 |
(4) Encourage nonparticipating law enforcement agencies to | 358 |
participate in OIBRS by offering demonstrations, training, and | 359 |
technical assistance; | 360 |
(5) Provide assistance, advice, and reports requested by the | 361 |
governor, the general assembly, or the federal bureau of | 362 |
investigation; | 363 |
(6) Require every law enforcement agency that receives | 364 |
federal criminal justice grants or state criminal justice | 365 |
information system general revenue funds through the division to | 366 |
participate in OIBRS or in the uniform crime reporting program of | 367 |
the federal bureau of investigation. An agency that submits OIBRS | 368 |
data to the Ohio local law enforcement information sharing network | 369 |
shall be considered to be in compliance with division (C)(6) of | 370 |
this section if both of the following apply: | 371 |
(a) The Ohio local law enforcement information sharing | 372 |
network is capable of collecting OIBRS data. | 373 |
(b) The division of criminal justice services has the ability | 374 |
to extract the OIBRS data for reporting to the national | 375 |
incident-based reporting system in the manner required by the | 376 |
federal bureau of investigation. | 377 |
(D) Upon the request of the director of public safety or | 378 |
governor, the division of criminal justice services may do any of | 379 |
the following: | 380 |
(1) Collect, analyze, or correlate information and data | 381 |
concerning the juvenile justice system in the state; | 382 |
(2) Cooperate with and provide technical assistance to state | 383 |
departments, administrative planning districts, metropolitan | 384 |
county criminal justice service agencies, criminal justice | 385 |
coordinating councils, agency offices, and the departments of the | 386 |
juvenile justice system in the state and other appropriate | 387 |
organizations and persons; | 388 |
(3) Encourage and assist agencies, offices, and departments | 389 |
of the juvenile justice system in the state and other appropriate | 390 |
organizations and persons to solve problems that relate to the | 391 |
duties of the division. | 392 |
(E) Divisions (B), (C), and (D) of this section do not limit | 393 |
the discretion or authority of the attorney general with respect | 394 |
to crime victim assistance and criminal justice programs. | 395 |
(F) Nothing in this section is intended to diminish or alter | 396 |
the status of the office of the attorney general as a criminal | 397 |
justice services agency or to diminish or alter the status or | 398 |
discourage the development and use of other law enforcement | 399 |
information systems in Ohio. | 400 |
Sec. 5502.67. (A) There is hereby created in the state | 401 |
treasury the drug law enforcement fund. Sums collected as court | 402 |
costs imposed pursuant to section 2949.094 of the Revised Code | 403 |
shall be credited to the fund. Money in the fund shall be in an | 404 |
interest-bearing account, and the division of criminal justice | 405 |
services shall use the interest earnings to pay the costs and | 406 |
expenses that it incurs in administering the fund. The division of | 407 |
criminal justice services shall use money in the fund for the | 408 |
following purposes: | 409 |
(1) To award grants to local law enforcement task forces | 410 |
located in this state to defray their expenses in performing their | 411 |
duties related to the enforcement of state drug laws and other | 412 |
state laws related to illegal drug activity; | 413 |
(2) To pay the costs and expenses that the division and the | 414 |
drug law enforcement fund advisory committee that is created under | 415 |
section 5502.68 of the Revised Code incur in performing their | 416 |
respective duties under that section. | 417 |
(B) Subject to the approval of the director of public safety, | 418 |
the division may adopt rules pursuant to Chapter 119. of the | 419 |
Revised Code to implement this section and section 5502.68 of the | 420 |
Revised Code. | 421 |
Sec. 5502.68. (A) There is hereby created in the division of | 422 |
criminal justice services the drug law enforcement fund advisory | 423 |
committee. The advisory committee consists of the following | 424 |
persons or their respective designees: | 425 |
(1) The president of the Ohio prosecuting attorneys | 426 |
association; | 427 |
(2) The president of the Ohio association of chiefs of | 428 |
police; | 429 |
(3) The president of the buckeye state sheriffs association; | 430 |
(4) The president of the Ohio task force commanders | 431 |
association. | 432 |
(B) A member of the advisory committee who ceases to be the | 433 |
president of that member's association ceases to be a member of | 434 |
the committee unless that member is the designee of the current | 435 |
president of the association to the committee. The committee shall | 436 |
elect a chairperson from among its members and shall meet at least | 437 |
quarterly and at any other time at the call of the chairperson. | 438 |
The members of the committee shall serve without compensation, but | 439 |
each member shall be reimbursed for actual and necessary expenses | 440 |
incurred in the performance of the member's official duties. The | 441 |
committee shall submit an annual report of its activities to the | 442 |
division of criminal justice services. | 443 |
(C) The division of criminal justice services shall establish | 444 |
a procedure in which a local law enforcement task force located in | 445 |
this state may apply to the division for money from the drug law | 446 |
enforcement fund to defray the expenses that the local law | 447 |
enforcement task force incurs in performing its duties related to | 448 |
the enforcement of the state drug laws and other state laws | 449 |
related to illegal drug activity. The drug law enforcement fund | 450 |
advisory committee shall make annual general funding | 451 |
recommendations to the division. The division shall make the final | 452 |
determination regarding each application for money from the fund. | 453 |
The division may approve an application for full funding, approve | 454 |
an application for partial funding, or reject an application. | 455 |
Section 2. That existing sections 2949.092, 5502.01, | 456 |
5502.61, and 5502.62 of the Revised Code are hereby repealed. | 457 |