H. B. No. 67 As Introduced

Representative Patton

A BILL

To amend sections 3705.242, 4511.101, 5501.10, 1
5502.03, 5502.62, 5516.01, 5516.02, 5516.06, and 2
5735.05 and to enact sections 5502.67 and 5531.11 3
of the Revised Code to make appropriations for, 4
and to prescribe terms and conditions pertaining 5
to, transportation purposes. 6

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

       Section 101.01. That sections 3705.242, 4511.101, 5501.10, 7
5502.03, 5502.62, 5516.01, 5516.02, 5516.06, and 5735.05 be 8
amended and sections 5502.67 and 5531.11 of the Revised Code be 9
enacted to read as follows: 10

       Sec. 3705.242. (A)(1) The director of health, a person 11
authorized by the director, a local commissioner of health, or a 12
local registrar of vital statistics shall charge and collect a fee 13
of one dollar and fifty cents for each certified copy of a birth 14
record, each certification of birth, and each copy of a death 15
record. The fee is in addition to the fee imposed by section 16
3705.24 or any other section of the Revised Code. A local 17
commissioner of health or local registrar of vital statistics may 18
retain an amount of each additional fee collected, not to exceed 19
three per cent of the amount of the additional fee, to be used for 20
costs directly related to the collection of the fee and the 21
forwarding of the fee to the treasurer of state. The additional 22
fees collected, but not retained, under division (A)(1) of this 23
section shall be forwarded to the treasurer of state not later 24
than thirty days following the end of each quarter. 25

       (2) On the filing of a divorce decree under section 3105.10 26
or a decree of dissolution under section 3105.65 of the Revised 27
Code, a court of common pleas shall charge and collect a fee of 28
five dollars and fifty cents. The fee is in addition to any other 29
court costs or fees. The county clerk of courts may retain an 30
amount of each additional fee collected, not to exceed three per 31
cent of the amount of the additional fee, to be used for costs 32
directly related to the collection of the fee and the forwarding 33
of the fee to the treasurer of state. The additional fees 34
collected, but not retained, under division (A)(2) of this section 35
shall be forwarded to the treasurer of state not later than twenty 36
days following the end of each month. 37

       (B) The treasurer of state shall deposit the fees forwarded 38
under this section in the state treasury to the credit of the 39
family violence prevention fund, which is hereby created. A person 40
or government entity that fails to forward the fees in a timely 41
manner, as determined by the treasurer of state, shall forward to 42
the treasurer of state, in addition to the fees, a penalty equal 43
to ten per cent of the fees. 44

       The treasurer of state shall invest the moneys in the fund. 45
All earnings resulting from investment of the fund shall be 46
credited to the fund, except that actual administration costs 47
incurred by the treasurer of state in administering the fund may 48
be deducted from the earnings resulting from investments. The 49
amount that may be deducted shall not exceed three per cent of the 50
total amount of fees credited to the fund in each fiscal year. The 51
balance of the investment earnings shall be credited to the fund. 52

       (C) The director of public safety shall use money credited to 53
the fund to provide grants to family violence shelters in Ohio and 54
to operate the division of criminal justice services. 55

       Sec. 4511.101. (A) The director of transportation, in 56
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended, 57
shall establish a program for the placement of business logos for 58
identification purposes on state directional signs within the 59
rights-of-way of divided, multi-lane, limited access highways in 60
both rural and urban areas. The director shall adopt rules in 61
accordance with Chapter 119. of the Revised Code to implement the 62
program. 63

       (B)(1) All direct and indirect costs of the business logo 64
sign program established pursuant to this section shall be fully 65
paid by the businesses applying for participation in the program 66
other than qualified attractions approved by the director under 67
division (B)(2) of this section. At any interchange where a 68
business logo sign is erected, such costs shall be divided equally 69
among the participating businesses other than approved qualified 70
attractions. The direct and indirect costs of the program shall 71
include, but not be limited to, the cost of capital, directional 72
signs, blanks, posts, logos, installation, repair, engineering, 73
design, insurance, removal, replacement, and administration. 74
Nothing in this chapter shall be construed to prohibit the 75
director from establishing such a program. 76

       (2) The director may approve the participation of a 77
charitable organization operating a qualified attraction in the 78
business logo sign program if the director determines that 79
promotion or protection of the qualified attraction serves a 80
legitimate state interest. The director may approve such 81
participation at no cost or at a nominal fee. 82

       (C) The director, in accordance with rules adopted ~~pursuant~~ 83
~~to Chapter 119. of the Revised Code~~under division (A) of this 84
section, may contract with any private person to operate, 85
maintain, and market the business logo sign program. The rules 86
shall describe the terms of the contract, and shall allow for a 87
reasonable profit to be earned by the successful applicant. In 88
awarding the contract, the director shall consider the skill, 89
expertise, prior experience, and other qualifications of each 90
applicant. 91

       (D) As used in this section~~, "urban~~: 92

       (1) "Charitable organization" has the same meaning as in 93
section 1716.01 of the Revised Code. 94

       (2) "Qualified attraction" includes natural wonders, and 95
artistic, scenic, and historical attractions. 96

       (3) "Urban area" means an area having a population of fifty 97
thousand or more according to the most recent federal census and 98
designated as such on urban maps prepared by the department. 99

       (E) Neither the department nor the director shall do either 100
of the following: 101

       (1) Limit the right of any person to erect, maintain, repair, 102
remove, or utilize any off-premises or on-premises advertising 103
device; 104

       (2) Make participation in the business logo sign program 105
conditional upon a business agreeing to limit, discontinue, 106
withdraw, modify, alter, or change any advertising or sign. 107

       (F) The program shall permit the business logo signs of a 108
seller of motor vehicle fuel to include on the seller's signs a 109
marking or symbol indicating that the seller sells one or more 110
types of alternative fuel so long as the seller in fact sells that 111
fuel. 112

       As used in this division, "alternative fuel" has the same 113
meaning as in section 125.831 of the Revised Code. 114

       Sec. 5501.10. (A)(1) Within three months of ~~the effective~~ 115
~~date of this act~~June 30, 1995, the department of transportation 116
shall establish a written policy for the classification and 117
prioritization of all new construction plans and contracts. ~~The~~ 118

       (2) Within three months of the effective date of this 119
amendment, the department shall revise the policy required by 120
division (A)(1) of this section. The revised policy shall require 121
the prioritization of projects using a method that includes 122
criteria that promote economic development, encourage the 123
preservation and rehabilitation of existing transportation 124
infrastructure, the expansion of capacity for all modes of public 125
transportation, the reduction of traffic congestion in urban 126
areas, the preservation and rehabilitation of airports, the 127
improvement of rail freight services, the enhancement of safety, 128
and land use decisions that reflect the requests of local 129
communities. 130

       (B) The policy shall consider all aspects of new construction 131
planning in a manner allowing the comparison of competing 132
projects. The director of transportation shall utilize the policy 133
in regard to all new construction plans and contracts. 134

       Sec. 5502.03. (A) There is hereby created in the department 135
of public safety a division of homeland security. ~~It is the intent~~ 136
~~of the general assembly that the creation of the division of~~ 137
~~homeland security of the department of public safety by this~~ 138
~~amendment does not result in an increase of funding appropriated~~ 139
~~to the department.~~ 140

       (B) The division shall do all of the following: 141

       (1) Coordinate all homeland security activities of all state 142
agencies and be the liaison between state agencies and local 143
entities for the purposes of communicating homeland security 144
funding and policy initiatives; 145

       (2) Collect, analyze, maintain, and disseminate information 146
to support local, state, and federal law enforcement agencies, 147
other government agencies, and private organizations in detecting, 148
deterring, preventing, preparing for, responding to, and 149
recovering from threatened or actual terrorist events. This 150
information is not a public record pursuant to section 149.43 of 151
the Revised Code. 152

       (3) Coordinate efforts of state and local governments and 153
private organizations to enhance the security and protection of 154
critical infrastructure and key assets in this state; 155

       (4) Develop and coordinate policies, protocols, and 156
strategies that may be used to prevent, detect, prepare for, 157
respond to, and recover from terrorist acts or threats; 158

       (5) Develop, update, and coordinate the implementation of an 159
Ohio homeland security strategic plan that will guide state and 160
local governments in the achievement of homeland security in this 161
state. 162

       (C) The director of public safety shall appoint an executive 163
director, who shall be head of the division of homeland security 164
and who regularly shall advise the governor and the director on 165
matters pertaining to homeland security. The executive director 166
shall serve at the pleasure of the director of public safety. To 167
carry out the duties assigned under this section, the executive 168
director, subject to the direction and control of the director of 169
public safety, may appoint and maintain necessary staff and may 170
enter into any necessary agreements. 171

       (D) Except as otherwise provided by law, nothing in this 172
section shall be construed to give the director of public safety 173
or the executive director of the division of homeland security 174
authority over the incident management structure or 175
responsibilities of local emergency response personnel. 176

       Sec. 5502.62. (A) There is hereby created in the department 177
of public safety a division of criminal justice services. The 178
director of public safety, with the concurrence of the governor, 179
shall appoint an executive director of the division of criminal 180
justice services. The executive director shall be the head of the 181
division. The executive director shall serve at the pleasure of 182
the director of public safety. To carry out the duties assigned 183
under this section and to comply with sections 5502.63 to 5502.66 184
of the Revised Code, the executive director, subject to the 185
direction and control of the director of public safety, may 186
appoint and maintain any necessary staff and may enter into any 187
necessary contracts and other agreements. The executive director 188
of the division, and all professional and technical personnel 189
employed within the division who are not public employees as 190
defined in section 4117.01 of the Revised Code, shall be in the 191
unclassified civil service, and all other persons employed within 192
the division shall be in the classified civil service. 193

       (B) Subject to division (F) of this section and subject to 194
divisions (D) to (F) of section 5120.09 of the Revised Code 195
insofar as those divisions relate to federal criminal justice acts 196
that the governor requires the department of rehabilitation and 197
correction to administer, the division of criminal justice 198
services shall do all of the following: 199

       (1) Serve as the state criminal justice services agency and 200
perform criminal justice system planning in the state, including 201
any planning that is required by any federal law; 202

       (2) Collect, analyze, and correlate information and data 203
concerning the criminal justice system in the state; 204

       (3) Cooperate with and provide technical assistance to state 205
departments, administrative planning districts, metropolitan 206
county criminal justice services agencies, criminal justice 207
coordinating councils, agencies, offices, and departments of the 208
criminal justice system in the state, and other appropriate 209
organizations and persons; 210

       (4) Encourage and assist agencies, offices, and departments 211
of the criminal justice system in the state and other appropriate 212
organizations and persons to solve problems that relate to the 213
duties of the division; 214

       (5) Administer within the state any federal criminal justice 215
acts that the governor requires it to administer; 216

       (6) Administer funds received under the "Family Violence 217
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. 218
10401, as amended, with all powers necessary for the adequate 219
administration of those funds, including the authority to 220
establish a family violence prevention and services program; 221

       (7) Implement the state comprehensive plans; 222

       (8) Audit grant activities of agencies, offices, 223
organizations, and persons that are financed in whole or in part 224
by funds granted through the division; 225

       (9) Monitor or evaluate the performance of criminal justice 226
system projects and programs in the state that are financed in 227
whole or in part by funds granted through the division; 228

       (10) Apply for, allocate, disburse, and account for grants 229
that are made available pursuant to federal criminal justice acts, 230
or made available from other federal, state, or private sources, 231
to improve the criminal justice system in the state. All money 232
from such federal grants that require that the money be deposited 233
into an interest-bearing fund or account, that are intended to 234
provide funding to local criminal justice programs, and that 235
require that investment earnings be distributed for program 236
purposes shall be deposited in the state treasury to the credit of 237
the federal justice programs funds, which are hereby created. A 238
separate fund shall be established each federal fiscal year. All 239
investment earnings of a federal justice programs fund shall be 240
credited to that fund and distributed in accordance with the terms 241
of the grant under which the money is received. If the terms under 242
which the money is received do not require the money to be 243
deposited into an interest-bearing fund or account, all money from 244
such federal grants shall be deposited into the state treasury to 245
the credit of the federal justice grants fund, which is hereby 246
created. Money credited to the fund shall be used or distributed 247
pursuant to the federal grant programs under which the money is 248
received. 249

       (11) Contract with federal, state, and local agencies, 250
foundations, corporations, businesses, and persons when necessary 251
to carry out the duties of the division; 252

       (12) Oversee the activities of metropolitan county criminal 253
justice services agencies, administrative planning districts, and 254
criminal justice coordinating councils in the state; 255

       (13) Advise the director of public safety, general assembly, 256
and governor on legislation and other significant matters that 257
pertain to the improvement and reform of criminal and juvenile 258
justice systems in the state; 259

       (14) Prepare and recommend legislation to the director of 260
public safety, general assembly, and governor for the improvement 261
of the criminal and juvenile justice systems in the state; 262

       (15) Assist, advise, and make any reports that are requested 263
or required by the governor, director of public safety, attorney 264
general, or general assembly; 265

       (16) Develop and maintain the Ohio incident-based reporting 266
system in accordance with division (C) of this section; 267

        (17) Subject to the approval of the director of public 268
safety, adopt rules pursuant to Chapter 119. of the Revised Code; 269

       (18)(a) Not later than June 1, 2007, and subject to the 270
approval of the director of public safety, adopt rules for the 271
establishment and maintenance of a mcgruff house program by any 272
sponsoring agency. The rules shall include the following: 273

       (i) The adoption of the mcgruff house symbol to be used 274
exclusively in all mcgruff house programs in this state; 275

       (ii) The requirements for any sponsoring agency to establish 276
and maintain a mcgruff house program; 277

       (iii) The criteria for the selection of volunteers to 278
participate in a mcgruff house program that shall include, but not 279
be limited to, criminal background checks of those volunteers; 280

       (iv) Any other matters that the division of criminal justice 281
services considers necessary for the establishment and maintenance 282
of mcgruff house programs by sponsoring agencies and the 283
participation of volunteers in those programs. 284

       (b) The division of criminal justice services shall 285
distribute materials and provide technical assistance to any 286
sponsoring agency that establishes and maintains a mcgruff house 287
program, any volunteer group or organization that provides 288
assistance to that sponsoring agency, or any volunteer who 289
participates in a mcgruff house program. 290

       (C) The division of criminal justice services shall develop 291
and maintain the Ohio incident-based reporting system to 292
facilitate the sharing of information with the federal bureau of 293
investigation and participating law enforcement agencies in Ohio. 294
The Ohio incident-based reporting system shall be known as OIBRS. 295
In connection with OIBRS, the division shall do all of the 296
following: 297

        (1) Collect and organize statistical data for reporting to 298
the national incident-based reporting system operated by the 299
federal bureau of investigation for the purpose of securing 300
federal criminal justice grants; 301

        (2) Analyze and highlight mapping data for participating law 302
enforcement agencies; 303

        (3) Distribute data and analyses to participating law 304
enforcement agencies; 305

        (4) Encourage nonparticipating law enforcement agencies to 306
participate in OIBRS by offering demonstrations, training, and 307
technical assistance; 308

        (5) Provide assistance, advice, and reports requested by the 309
governor, the general assembly, or the federal bureau of 310
investigation; 311

        (6) Require every law enforcement agency that receives 312
federal criminal justice grants or state criminal justice 313
information system general revenue funds through the division to 314
participate in OIBRS or in the uniform crime reporting program of 315
the federal bureau of investigation. An agency that submits OIBRS 316
data to the Ohio local law enforcement information sharing network 317
shall be considered to be in compliance with division (C)(6) of 318
this section if both of the following apply: 319

        (a) The Ohio local law enforcement information sharing 320
network is capable of collecting OIBRS data. 321

        (b) The division of criminal justice services has the ability 322
to extract the OIBRS data for reporting to the national 323
incident-based reporting system in the manner required by the 324
federal bureau of investigation. 325

        (D) Upon the request of the director of public safety or 326
governor, the division of criminal justice services may do any of 327
the following: 328

       (1) Collect, analyze, or correlate information and data 329
concerning the juvenile justice system in the state; 330

       (2) Cooperate with and provide technical assistance to state 331
departments, administrative planning districts, metropolitan 332
county criminal justice service agencies, criminal justice 333
coordinating councils, agency offices, and the departments of the 334
juvenile justice system in the state and other appropriate 335
organizations and persons; 336

       (3) Encourage and assist agencies, offices, and departments 337
of the juvenile justice system in the state and other appropriate 338
organizations and persons to solve problems that relate to the 339
duties of the division. 340

       (E) Divisions (B), (C), and (D) of this section do not limit 341
the discretion or authority of the attorney general with respect 342
to crime victim assistance and criminal justice programs. 343

       (F) Nothing in this section is intended to diminish or alter 344
the status of the office of the attorney general as a criminal 345
justice services agency or to diminish or alter the status or 346
discourage the development and use of other law enforcement 347
information systems in Ohio. 348

       Sec. 5502.67. There is hereby created in the state treasury 349
the justice program services fund. The fund shall consist of all 350
money collected by the division of criminal justice services for 351
nonfederal purposes, including subscription fees for participating 352
in the Ohio incident-based reporting system under division (C) of 353
section 5502.62 of the Revised Code, unless otherwise designated 354
by law. The justice program services fund shall be used to pay 355
costs of administering the operations of the division of criminal 356
justice services. 357

       Sec. 5516.01. As used in sections 5516.01 to 5516.14 of the 358
Revised Code: 359

       (A) "Advertising device" includes any outdoor sign, display, 360
device, figure, painting, drawing, message, placard, poster, 361
billboard, or any other contrivance designed, intended, or used to 362
advertise or to give information in the nature of advertising, or 363
any part thereof, the advertising or informative contents of which 364
are visible from the main traveled way of any highway on the 365
interstate system or primary system in this state. 366

       (B) "Visible" means capable of being seen and comprehended 367
without visual aid by a person traveling the posted speed limit on 368
the main traveled way of the highway. 369

       (C) "Interstate system" means that portion of the interstate 370
system, or the national highway system, located within this state, 371
~~as designated by the director of transportation and approved by~~ 372
~~the secretary of transportation of the United States, pursuant to~~ 373
~~23 U.S.C.A. 103(b) and (e)~~. 374

       (D) "Erect" means to construct or allow to be constructed, 375
but it shall not include any activity when performed as an 376
incident to the change of advertising message or normal 377
maintenance of a sign or sign structure. 378

       (E) "Maintain" means to preserve, keep in repair, continue, 379
allow to exist, or restore. 380

       (F) "National policy" means the provisions of 23 U.S.C.A. 131 381
and the national standards, criteria, and rules promulgated 382
pursuant to such provisions. 383

       (G) "Primary system" means ~~that portion of the state highway~~ 384
~~system or~~the federal-aid primary system in existence on June 1, 385
1991, and any highway that is not on such system but that is on 386
the national highway system ~~located within this state as~~ 387
~~designated by the director and approved by the secretary of~~ 388
~~transportation of the United States, pursuant to 23 U.S.C.A.~~ 389
~~103(b)~~. 390

       (H) "Zoned commercial or industrial areas" means those 391
nonagricultural areas which are reserved for business, commerce, 392
or trade, pursuant to local zoning laws, regulations, or state 393
laws. 394

       (I) "Unzoned commercial or industrial area" means an area not 395
zoned by state or local law, regulation, or ordinance, in which 396
there is located one or more commercial or industrial activities. 397
Such area may also include the lands along the highway for a 398
distance of eight hundred fifty feet immediately adjacent to such 399
activities. This distance shall be measured from the buildings, 400
parking lots, storage or processing areas of the activities, and 401
along or parallel to the near edge of the main traveled way of the 402
highway. This distance shall not include land on the opposite side 403
of the highway from such activities, nor land predominantly used 404
for residential purposes. An area shall be considered 405
predominately residential if fifty per cent or more of the eight 406
hundred and fifty feet immediately adjacent to the activities 407
contains land used as residential property. Each side of the 408
highway will be considered separately in applying this definition. 409

       (J) "Commercial or industrial activities" means those 410
activities generally recognized as commercial or industrial by 411
zoning authorities of this state. The following activities shall 412
not be considered commercial or industrial: 413

       (1) Activities relating to advertising structures; 414

       (2) Agricultural, forestry, ranching, grazing, farming, and 415
related activities, including, but not limited to, activities 416
relating to wayside fresh produce stands; 417

       (3) Transient or temporary activities; 418

       (4) Activities not visible from the main traveled way; 419

       (5) Activities located more than six hundred sixty feet from 420
the nearest edge of the right-of-way; 421

       (6) Activities conducted in a building principally used as a 422
residence; 423

       (7) Activities relating to railroad tracks and minor sidings; 424

       (8) Activities relating to highways, roads, and streets. 425

       (K) "Directional and official signs and notices" means those 426
signs and notices that are required or authorized by law and 427
conform to the rules for such signs and notices as adopted by the 428
director in accordance with 23 C.F.R. 750.151 to 750.155. 429

       (L) "Nonconforming advertising device" means an advertising 430
device that was: 431

       (1) Lawfully in existence prior to December 7, 1971; 432

       (2) Lawfully on any highway made a part of the interstate 433
system or primary highway system on or after December 7, 1971; 434

       (3) Lawfully erected prior to any revision in the law 435
effective December 7, 1971; or 436

       (4) Lawfully erected but: 437

       (a) No longer in compliance with the provisions of state law 438
enacted or rules adopted at a later date; or 439

       (b) No longer in compliance with state laws or rules due to 440
changed conditions, including, but not limited to, zoning changes, 441
highway relocation, highway reclassification, or changes in 442
restrictions on sizing, lighting, spacing, or distance of 443
advertising devices. 444

       Illegally erected or maintained advertising devices are not 445
nonconforming signs. 446

       (M) "Scenic byway" means any linear transportation corridor 447
as designated or as may hereafter be so designated by the director 448
under the Ohio scenic byways program as having outstanding scenic 449
qualities. 450

       (N) "Director" means the director of the Ohio department of 451
transportation. 452

       (O) "Commercial or industrial zone" means those areas 453
established by any state, county, municipal, or other local zoning 454
authority as being most appropriate for business, commerce, 455
industry, or trade. Any action taken by a state, county, 456
municipal, or other local zoning authority that is not part of 457
comprehensive zoning and is created primarily to permit outdoor 458
advertising devices shall not be considered a commercial or 459
industrial zone for purposes of this chapter. 460

       (P) "Last permit holder" includes any of the following: 461

       (1) The most recent holder of the advertising device permit; 462

       (2) A business, cooperative, corporation, enterprise, joint 463
venture, limited liability company, partnership, sole 464
proprietorship, or subsidiary, the viability of which is dependant 465
on its relationship with the most recent holder of the advertising 466
device permit; 467

       (3) Any person or entity that is closely related to or 468
closely connected with the most recent holder of the advertising 469
device permit. 470

       ~~(Q) "Professional sports facility" means all or a portion of~~ 471
~~a stadium, arena, motorsports complex, or other facility,~~ 472
~~including all parking facilities, walkways, and other auxiliary~~ 473
~~facilities that may be used for or in connection with the sports~~ 474
~~facility or its operation, the primary purpose of which is to~~ 475
~~provide a site or venue for the presentation to the public of~~ 476
~~either of the following:~~ 477

       ~~(1) Events of one or more major or minor league professional~~ 478
~~athletic or sports teams that are associated with the state or~~ 479
~~with a city or region of the state;~~ 480

       ~~(2) Motorsports events.~~ 481

       Sec. 5516.02. No advertising device shall be erected or 482
maintained within six hundred sixty feet of the edge of the 483
right-of-way of a highway on the interstate system except the 484
following: 485

       (A) Directional and official signs and notices that conform 486
to rules adopted by the director of transportation; 487

       (B) Signs advertising the sale or lease of the property upon 488
which they are located; 489

       (C) Advertising devices indicating the name of the business 490
or profession conducted on such property or that identify the 491
goods produced, sold, or services rendered on such property, and 492
that conform to rules adopted by the director; 493

       (D) Advertising devices that are located in commercial or 494
industrial zones traversed by segments of the interstate system 495
within the boundaries of a municipal corporation as such 496
boundaries existed on September 21, 1959, and that conform to 497
rules adopted by the director; 498

       ~~(E) Advertising devices that are located on the premises of a~~ 499
~~professional sports facility and that conform to rules adopted by~~ 500
~~the director~~. 501

       Sec. 5516.06. No advertising device shall be erected or 502
maintained within six hundred sixty feet of the edge of the 503
right-of-way of a highway on the primary system except the 504
following: 505

       (A) Directional and other official signs and notices that 506
conform to rules adopted by the director of transportation; 507

       (B) Signs advertising the sale or lease of the property upon 508
which they are located; 509

       (C) Advertising devices indicating the name of the business, 510
activities, or profession conducted on such property or that 511
identify the goods produced, sold, or services rendered on such 512
property and that conform to rules adopted by the director; 513

       (D) Precautionary signs relating to the premises; 514

       (E) Signs, displays, or devices which locate, identify, mark, 515
or warn of the presence of pipe lines, utility lines, or rail 516
lines, and appurtenances thereof, including, but not limited to, 517
markers used in the maintenance, operation, observation, and 518
safety of said lines; 519

       (F) Advertising devices located in zoned or unzoned 520
industrial or commercial areas adjacent to highways on the primary 521
system that conform to rules adopted by the director; 522

       (G) Signs lawfully in existence on October 22, 1965, that the 523
director, subject to the approval of the secretary of the United 524
States department of transportation, has determined to be landmark 525
signs, including signs on farm structures or natural surfaces, 526
which are of historic or artistic significance; 527

       ~~(H) Advertising devices that are located on the premises of a~~ 528
~~professional sports facility and that conform to rules adopted by~~ 529
~~the director~~. 530

       Sec. 5531.11. (A) The director of transportation may enter 531
into agreements and cooperate with the secretary of transportation 532
or other appropriate official or agency of the United States as 533
provided by the "Safe, Accountable, Flexible, Efficient 534
Transportation Equity Act: A Legacy for Users," 119 Stat. 1144 535
(2005), 23 U.S.C. 325 to 327, and the "National Environmental 536
Policy Act of 1969," 83 Stat. 852, 42 U.S.C. 4321 et seq. Pursuant 537
to such agreements, the director may perform environmental 538
reviews, consult, make decisions, assume specified 539
responsibilities of the secretary, and take other necessary 540
actions required by the agreement and authorized under such 541
federal laws. The director may adopt rules to implement and 542
enforce this section. Any expenditure of money by the director in 543
connection with agreements authorized by this section shall be 544
payable from funds available to the director. 545

       (B) Notwithstanding Chapter 2743. of the Revised Code, in 546
regard to actions of the department of transportation authorized 547
by this section, the state hereby waives its immunity from civil 548
liability and consents to be sued, and have its civil liability 549
determined, in an appropriate federal court in accordance with the 550
same rules of law applicable to suits against a federal agency. 551
This division applies only to actions of the department authorized 552
by this section and by 23 U.S.C. 325 to 327. 553

       Sec. 5735.05. (A) To provide revenue for maintaining the 554
state highway system; to widen existing surfaces on such highways; 555
to resurface such highways; to pay that portion of the 556
construction cost of a highway project which a county, township, 557
or municipal corporation normally would be required to pay, but 558
which the director of transportation, pursuant to division (B) of 559
section 5531.08 of the Revised Code, determines instead will be 560
paid from moneys in the highway operating fund; to enable the 561
counties of the state properly to plan, maintain, and repair their 562
roads and to pay principal, interest, and charges on bonds and 563
other obligations issued pursuant to Chapter 133. of the Revised 564
Code or incurred pursuant to section 5531.09 of the Revised Code 565
for highway improvements; to enable the municipal corporations to 566
plan, construct, reconstruct, repave, widen, maintain, repair, 567
clear, and clean public highways, roads, and streets, and to pay 568
the principal, interest, and charges on bonds and other 569
obligations issued pursuant to Chapter 133. of the Revised Code or 570
incurred pursuant to section 5531.09 of the Revised Code for 571
highway improvements; to enable the Ohio turnpike commission to 572
construct, reconstruct, maintain, and repair turnpike projects; to 573
maintain and repair bridges and viaducts; to purchase, erect, and 574
maintain street and traffic signs and markers; to purchase, erect, 575
and maintain traffic lights and signals; to pay the costs 576
apportioned to the public under sections 4907.47 and 4907.471 of 577
the Revised Code and to supplement revenue already available for 578
such purposes; to pay the costs incurred by the public utilities 579
commission in administering sections 4907.47 to 4907.476 of the 580
Revised Code; to distribute equitably among those persons using 581
the privilege of driving motor vehicles upon such highways and 582
streets the cost of maintaining and repairing them; to pay the 583
interest, principal, and charges on highway capital improvements 584
bonds and other obligations issued pursuant to Section 2m of 585
Article VIII, Ohio Constitution, and section 151.06 of the Revised 586
Code; to pay the interest, principal, and charges on highway 587
obligations issued pursuant to Section 2i of Article VIII, Ohio 588
Constitution, and sections 5528.30 and 5528.31 of the Revised 589
Code; to pay the interest, principal, and charges on major new 590
state infrastructure bonds and other obligations of the state 591
issued pursuant to Section 13 of Article VIII, Ohio Constitution, 592
and section 5531.10 of the Revised Code; to provide revenue for 593
the purposes of sections 1547.71 to 1547.78 of the Revised Code; 594
and to pay the expenses of the department of taxation incident to 595
the administration of the motor fuel laws, a motor fuel excise tax 596
is hereby imposed on all motor fuel dealers upon receipt of motor 597
fuel within this state at the rate of two cents plus the cents per 598
gallon rate on each gallon so received, to be computed in the 599
manner set forth in section 5735.06 of the Revised Code; provided 600
that no tax is hereby imposed upon the following transactions: 601

       (1) The sale of dyed diesel fuel by a licensed motor fuel 602
dealer from a location other than a retail service station 603
provided the licensed motor fuel dealer places on the face of the 604
delivery document or invoice, or both if both are used, a 605
conspicuous notice stating that the fuel is dyed and is not for 606
taxable use, and that taxable use of that fuel is subject to a 607
penalty. The tax commissioner, by rule, may provide that any 608
notice conforming to rules or regulations issued by the United 609
States department of the treasury or the Internal Revenue Service 610
is sufficient notice for the purposes of division (A)(1) of this 611
section. 612

       (2) The sale of K-1 kerosene to a retail service station, 613
except when placed directly in the fuel supply tank of a motor 614
vehicle. Such sale shall be rebuttably presumed to not be 615
distributed or sold for use or used to generate power for the 616
operation of motor vehicles upon the public highways or upon the 617
waters within the boundaries of this state. 618

       (3) The sale of motor fuel by a licensed motor fuel dealer to 619
another licensed motor fuel dealer; 620

       (4) The exportation of motor fuel by a licensed motor fuel 621
dealer from this state to any other state or foreign country; 622

       (5) The sale of motor fuel to the United States government or 623
any of its agencies, except such tax as is permitted by it, where 624
such sale is evidenced by an exemption certificate, in a form 625
approved by the tax commissioner, executed by the United States 626
government or an agency thereof certifying that the motor fuel 627
therein identified has been purchased for the exclusive use of the 628
United States government or its agency; 629

       (6) The sale of motor fuel that is in the process of 630
transportation in foreign or interstate commerce, except insofar 631
as it may be taxable under the Constitution and statutes of the 632
United States, and except as may be agreed upon in writing by the 633
dealer and the commissioner; 634

       (7) The sale of motor fuel when sold exclusively for use in 635
the operation of aircraft, where such sale is evidenced by an 636
exemption certificate prescribed by the commissioner and executed 637
by the purchaser certifying that the motor fuel purchased has been 638
purchased for exclusive use in the operation of aircraft; 639

       (8) The sale for exportation of motor fuel by a licensed 640
motor fuel dealer to a licensed exporter type A; 641

       (9) The sale for exportation of motor fuel by a licensed 642
motor fuel dealer to a licensed exporter type B, provided that the 643
destination state motor fuel tax has been paid or will be accrued 644
and paid by the licensed motor fuel dealer. 645

       (10) The sale to a consumer of diesel fuel, by a motor fuel 646
dealer for delivery from a bulk lot vehicle, for consumption in 647
operating a vessel when the use of such fuel in a vessel would 648
otherwise qualify for a refund under section 5735.14 of the 649
Revised Code. 650

       Division (A)(1) of this section does not apply to the sale or 651
distribution of dyed diesel fuel used to operate a motor vehicle 652
on the public highways or upon water within the boundaries of this 653
state by persons permitted under regulations of the United States 654
department of the treasury or of the Internal Revenue Service to 655
so use dyed diesel fuel. 656

       (B) The two cent motor fuel tax levied by this section is 657
also for the purpose of paying the expenses of administering and 658
enforcing the state law relating to the registration and operation 659
of motor vehicles. 660

       (C) After the tax provided for by this section on the receipt 661
of any motor fuel has been paid by the motor fuel dealer, the 662
motor fuel may thereafter be used, sold, or resold by any person 663
having lawful title to it, without incurring liability for such 664
tax. 665

       If a licensed motor fuel dealer sells motor fuel received by 666
the licensed motor fuel dealer to another licensed motor fuel 667
dealer, the seller may deduct on the report required by section 668
5735.06 of the Revised Code the number of gallons so sold for the 669
month within which the motor fuel was sold or delivered. In this 670
event the number of gallons is deemed to have been received by the 671
purchaser, who shall report and pay the tax imposed thereon. 672

       Section 101.02. That existing sections 3705.242, 4511.101, 673
5501.10, 5502.03, 5502.62, 5516.01, 5516.02, 5516.06, and 5735.05 674
of the Revised Code are hereby repealed. 675

       Section 201.10. Except as otherwise provided, all 676
appropriation items in this act are hereby appropriated out of any 677
moneys in the state treasury to the credit of the designated fund, 678
which are not otherwise appropriated. For all appropriations made 679
in this act, the amounts in the first column are for fiscal year 680
2008 and the amounts in the second column are for fiscal year 681
2009. 682

       Section 203.10. DOT DEPARTMENT OF TRANSPORTATION 683

FUND TITLE FY 2008 FY 2009 684

Transportation Planning and Research 685

Highway Operating Fund Group 686

002 771-411 Planning and Research - State $ 20,724,547 $ 21,733,301 687
002 771-412 Planning and Research - Federal $ 29,996,363 $ 30,264,923 688
TOTAL HOF Highway Operating 689
Fund Group $ 50,720,910 $ 51,998,224 690
TOTAL ALL BUDGET FUND GROUPS - 691
Transportation Planning 692
and Research $ 50,720,910 $ 51,998,224 693

Highway Construction 694

Highway Operating Fund Group 695

002 772-421 Highway Construction - State $ 528,722,188 $ 504,184,419 696
002 772-422 Highway Construction - Federal $ 1,103,979,148 $ 1,086,733,759 697
002 772-424 Highway Construction - Other $ 106,439,000 $ 100,379,155 698
002 772-437 GARVEE Debt Service - State $ 10,321,300 $ 19,273,500 699
002 772-438 GARVEE Debt Service - Federal $ 113,915,900 $ 139,015,000 700
212 772-426 Highway Infrastructure Bank - Federal $ 4,303,173 $ 4,018,649 701
212 772-427 Highway Infrastructure Bank - State $ 8,268,315 $ 10,209,272 702
212 772-429 Highway Infrastructure Bank - Local $ 11,000,000 $ 11,499,999 703
212 772-430 Infrastructure Debt Reserve Title 23-49 $ 1,500,000 $ 1,500,000 704
213 772-431 Roadway Infrastructure Bank - State $ 1,000,000 $ 1,000,000 705
213 772-432 Roadway Infrastructure Bank - Local $ 6,000,000 $ 6,000,000 706
213 772-433 Infrastructure Debt Reserve - State $ 2,000,000 $ 2,000,000 707
TOTAL HOF Highway Operating 708
Fund Group $ 1,897,449,024 $ 1,885,813,753 709

Highway Capital Improvement Fund Group 710

042 772-723 Highway Construction - Bonds $ 200,000,000 $ 100,000,000 711
TOTAL 042 Highway Capital Improvement Fund Group $ 200,000,000 $ 100,000,000 712

Infrastructure Bank Obligations Fund Group 713

045 772-428 Highway Infrastructure Bank - Bonds $ 450,000,000 $ 400,000,000 714
TOTAL 045 Infrastructure Bank 715
Obligations Fund Group $ 450,000,000 $ 400,000,000 716
TOTAL ALL BUDGET FUND GROUPS - 717
Highway Construction $ 2,547,449,024 $ 2,385,813,753 718

Highway Maintenance 719

Highway Operating Fund Group 720

002 773-431 Highway Maintenance - State $ 403,252,901 $ 417,915,187 721
TOTAL HOF Highway Operating 722
Fund Group $ 403,252,901 $ 417,915,187 723
724

TOTAL ALL BUDGET FUND GROUPS - 725
Highway Maintenance $ 403,252,901 $ 417,915,187 726

Public Transportation 727

Highway Operating Fund Group 728

002 775-452 Public Transportation - Federal $ 25,471,589 $ 30,391,763 729
002 775-454 Public Transportation - Other $ 1,500,000 $ 1,500,000 730
002 775-459 Elderly and Disabled Special Equipment $ 4,730,000 $ 4,730,000 731
212 775-408 Transit Infrastructure Bank - Local $ 2,500,000 $ 812,685 732
212 775-455 Title 49 Infrastructure Bank - State $ 476,485 $ 312,795 733
213 775-457 Transit Infrastructure Bank - State $ 500,000 $ 312,082 734
213 775-460 Transit Infrastructure Bank - Local $ 1,000,000 $ 1,000,000 735
TOTAL HOF Highway Operating 736
Fund Group $ 36,178,074 $ 39,059,325 737
TOTAL ALL BUDGET FUND GROUPS - 738
Public Transportation $ 36,178,074 $ 39,059,325 739

Rail Transportation 740

Federal Special Revenue Group 741

3B9 776-662 Rail Transportation - Federal $ 10,000 $ 10,000 742

TOTAL FED Federal Special Revenue Fund Group $ 10,000 $ 10,000 743

Highway Operating Fund Group 744

002 776-462 Grade Crossings - Federal $ 15,000,000 $ 15,000,000 745
TOTAL HOF Highway Operating 746
Fund Group $ 15,000,000 $ 15,000,000 747

State Special Revenue Fund Group 748

4N4 776-663 Panhandle Lease Reserve Payments $ 762,500 $ 763,700 749
4N4 776-664 Rail Transportation - Other $ 2,111,500 $ 2,111,500 750

TOTAL SSR State Special Revenue Fund Group $ 2,874,000 $ 2,875,200 751

TOTAL ALL BUDGET FUND GROUPS - 752

Rail Transportation $ 17,884,000 $ 17,885,200 753

Aviation 754

State Special Revenue Fund Group 755

5W9 777-615 County Airport Maintenance $ 570,000 $ 570,000 756

TOTAL SSR State Special Revenue Fund Group $ 570,000 $ 570,000 757

Highway Operating Fund Group 758

002 777-472 Airport Improvements - Federal $ 405,000 $ 405,000 759
002 777-475 Aviation Administration $ 5,210,000 $ 5,358,100 760
213 777-477 Aviation Infrastructure Bank - State $ 2,000,000 $ 3,500,000 761
213 777-478 Aviation Infrastructure Bank - Local $ 5,996,118 $ 6,000,000 762
TOTAL HOF Highway Operating 763
Fund Group $ 14,181,118 $ 15,263,100 764
TOTAL ALL BUDGET FUND GROUPS - 765
Aviation $ 14,751,118 $ 15,833,100 766

Administration 767

Highway Operating Fund Group 768

002 779-491 Administration - State $ 120,262,864 $ 122,601,493 769
TOTAL HOF Highway Operating 770
Fund Group $ 120,262,864 $ 122,601,493 771
TOTAL ALL BUDGET FUND GROUPS - 772
Administration $ 120,262,864 $ 122,601,493 773

Debt Service 774

Highway Operating Fund Group 775

002 770-003 Administration - State - Debt Service $ 10,555,300 $ 3,614,700 776
TOTAL HOF Highway Operating 777
Fund Group $ 10,555,300 $ 3,614,700 778
TOTAL ALL BUDGET FUND GROUPS - 779
Debt Service $ 10,555,300 $ 3,614,700 780

TOTAL Department of Transportation 781

TOTAL FED Federal Special Revenue Fund Group $ 10,000 $ 10,000 782
TOTAL HOF Highway Operating 783
Fund Group $ 2,547,030,191 $ 2,551,265,782 784
TOTAL 042 Highway Capital 785
Improvement Fund Group $ 200,000,000 $ 100,000,000 786
TOTAL 045 Infrastructure Bank 787
Obligations Fund Group $ 450,000,000 $ 400,000,000 788
TOTAL SSR State Special Revenue Fund Group $ 3,444,000 $ 3,445,200 789
TOTAL ALL BUDGET FUND GROUPS $ 3,200,484,191 $ 3,054,720,982 790

       Section 203.20. ISSUANCE OF BONDS 792

       The Treasurer of State, upon the request of the Director of 793
Transportation, is authorized to issue and sell, in accordance 794
with Section 2m of Article VIII, Ohio Constitution, and Chapter 795
151. and particularly sections 151.01 and 151.06 of the Revised 796
Code, obligations, including bonds and notes, of the State of Ohio 797
in the aggregate amount of $290,000,000 in addition to the 798
original issuance of obligations heretofore authorized by prior 799
acts of the General Assembly. 800

       The obligations shall be dated, issued, and sold from time to 801
time in such amounts as may be necessary to provide sufficient 802
moneys to the credit of the Highway Capital Improvement Fund (Fund 803
042) created by section 5528.53 of the Revised Code to pay costs 804
charged to the fund when due as estimated by the Director of 805
Transportation, provided, however, that such obligations shall be 806
issued and sold at such time or times so that not more than 807
$220,000,000 original principal amount of obligations, plus the 808
principal amount of obligations that in prior fiscal years could 809
have been, but were not, issued within the $220,000,000 limit, may 810
be issued in any fiscal year, and not more than $1,200,000,000 811
original principal amount of such obligations are outstanding at 812
any one time. 813

       Section 203.30. MAINTENANCE INTERSTATE HIGHWAYS 814

       The Director of Transportation may remove snow and ice and 815
maintain, repair, improve, or provide lighting upon interstate 816
highways that are located within the boundaries of municipal 817
corporations, adequate to meet the requirements of federal law. 818
When agreed in writing by the Director of Transportation and the 819
legislative authority of a municipal corporation and 820
notwithstanding sections 125.01 and 125.11 of the Revised Code, 821
the Department of Transportation may reimburse a municipal 822
corporation for all or any part of the costs, as provided by such 823
agreement, incurred by the municipal corporation in maintaining, 824
repairing, lighting, and removing snow and ice from the interstate 825
system. 826

       Section 203.40. TRANSFER OF FUND 002 APPROPRIATIONS: PLANNING 827
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, 828
AVIATION, AND ADMINISTRATION 829

       The Director of Budget and Management may approve requests 830
from the Department of Transportation for transfer of Fund 002 831
appropriations for highway planning and research (appropriation 832
items 771-411 and 771-412), highway construction (appropriation 833
items 772-421, 772-422, 772-424, 772-437, and 772-438), highway 834
maintenance (appropriation item 773-431), rail grade crossings 835
(appropriation item 776-462), aviation (appropriation item 836
777-475), and administration (appropriation item 779-491). The 837
Director may not make transfers out of debt service appropriation 838
items unless the Director determines that the appropriated amounts 839
exceed the actual and projected debt service requirements. 840
Transfers of appropriations may be made upon the written request 841
of the Director of Transportation and with the approval of the 842
Director of Budget and Management. The transfers shall be reported 843
to the Controlling Board at the next regularly scheduled meeting 844
of the board. 845

       This transfer authority is intended to provide for emergency 846
situations and flexibility to meet unforeseen conditions that 847
could arise during the budget period. It also is intended to allow 848
the department to optimize the use of available resources and 849
adjust to circumstances affecting the obligation and expenditure 850
of federal funds. 851

       TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL 852
TRANSIT 853

       The Director of Budget and Management may approve written 854
requests from the Director of Transportation for the transfer of 855
appropriations between appropriation items 772-422, Highway 856
Construction - Federal, and 775-452, Public Transportation - 857
Federal, based upon transit capital projects meeting Federal 858
Highway Administration and Federal Transit Administration funding 859
guidelines. The transfers shall be reported to the Controlling 860
Board at its next regularly scheduled meeting. 861

       TRANSFER OF APPROPRIATIONS: STATE INFRASTRUCTURE BANK 862

       The Director of Budget and Management may approve requests 863
from the Department of Transportation for transfer of 864
appropriations and cash of the Infrastructure Bank funds created 865
in section 5531.09 of the Revised Code, including transfers 866
between fiscal years 2008 and 2009. The transfers shall be 867
reported to the Controlling Board at its next regularly scheduled 868
meeting. 869

       The Director of Budget and Management may approve requests 870
from the Department of Transportation for transfer of 871
appropriations and cash from the Highway Operating Fund (Fund 002) 872
to the Infrastructure Bank funds created in section 5531.09 of the 873
Revised Code. The Director of Budget and Management may transfer 874
from the Infrastructure Bank funds to the Highway Operating Fund 875
up to the amounts originally transferred to the Infrastructure 876
Bank funds under this section. However, the director may not make 877
transfers between modes and transfers between different funding 878
sources. The transfers shall be reported to the Controlling Board 879
at its next regularly scheduled meeting. 880

       INCREASE APPROPRIATION AUTHORITY: STATE FUNDS 881

       In the event that receipts or unexpended balances credited to 882
the Highway Operating Fund exceed the estimates upon which the 883
appropriations have been made in this act, upon the request of the 884
Director of Transportation, the Controlling Board may increase 885
appropriation authority in the manner prescribed in section 131.35 886
of the Revised Code. 887

       INCREASE APPROPRIATION AUTHORITY: FEDERAL AND LOCAL FUNDS 888

       In the event that receipts or unexpended balances credited to 889
the Highway Operating Fund or apportionments or allocations made 890
available from the federal and local government exceed the 891
estimates upon which the appropriations have been made in this 892
act, upon the request of the Director of Transportation, the 893
Controlling Board may increase appropriation authority in the 894
manner prescribed in section 131.35 of the Revised Code. 895

       REAPPROPRIATIONS 896

       Upon approval of the Director of Budget and Management, all 897
appropriations of the Highway Operating Fund (Fund 002), the 898
Highway Capital Improvement Fund (Fund 042), and the 899
Infrastructure Bank funds created in section 5531.09 of the 900
Revised Code remaining unencumbered on June 30, 2007, are hereby 901
reappropriated for the same purpose in fiscal year 2008. 902

       Upon approval of the Director of Budget and Management, all 903
appropriations of the Highway Operating Fund (Fund 002), the 904
Highway Capital Improvement Fund (Fund 042), and the 905
Infrastructure Bank funds created in section 5531.09 of the 906
Revised Code remaining unencumbered on June 30, 2008, are hereby 907
reappropriated for the same purpose in fiscal year 2009. 908

       Any balances of prior years' appropriations to the Highway 909
Operating Fund (Fund 002), the Highway Capital Improvement Fund 910
(Fund 042), and the Infrastructure Bank funds created in section 911
5531.09 of the Revised Code that are unencumbered on June 30, 912
2007, subject to the availability of revenue as determined by the 913
Director of Transportation, are hereby reappropriated for the same 914
purpose in fiscal year 2008 upon the request of the Director of 915
Transportation and with the approval of the Director of Budget and 916
Management. The reappropriations shall be reported to the 917
Controlling Board. 918

       Any balances of prior years' appropriations to the Highway 919
Operating Fund (Fund 002), the Highway Capital Improvement Fund 920
(Fund 042), and the Infrastructure Bank funds created in section 921
5531.09 of the Revised Code that are unencumbered on June 30, 922
2008, subject to the availability of revenue as determined by the 923
Director of Transportation, are hereby reappropriated for the same 924
purpose in fiscal year 2009 upon the request of the Director of 925
Transportation and with the approval of the Director of Budget and 926
Management. The reappropriations shall be reported to the 927
Controlling Board. 928

       Section 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES 929

       Of the foregoing appropriation item 772-421, Highway 930
Construction - State, $5,000,000 shall be used in each fiscal year 931
during the fiscal year 2008-2009 biennium by the Department of 932
Transportation for the construction, reconstruction, or 933
maintenance of public access roads, including support features, to 934
and within state facilities owned or operated by the Department of 935
Natural Resources. 936

       Notwithstanding section 5511.06 of the Revised Code, of the 937
foregoing appropriation item 772-421, Highway Construction - 938
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009 939
biennium shall be used by the Department of Transportation for the 940
construction, reconstruction, or maintenance of park drives or 941
park roads within the boundaries of metropolitan parks. 942

       Included in the foregoing appropriation item 772-421, Highway 943
Construction - State, the department may perform related road work 944
on behalf of the Ohio Expositions Commission at the state 945
fairgrounds, including reconstruction or maintenance of public 946
access roads and support features, to and within fairground 947
facilities as requested by the commission and approved by the 948
Director of Transportation. 949

       LIQUIDATION OF UNFORESEEN LIABILITIES 950

       Any appropriation made to the Department of Transportation, 951
Highway Operating Fund, not otherwise restricted by law, is 952
available to liquidate unforeseen liabilities arising from 953
contractual agreements of prior years when the prior year 954
encumbrance is insufficient. 955

       Section 203.60. RENTAL PAYMENTS - OBA 957

       The foregoing appropriation item 770-003, Administration - 958
State - Debt Service, shall be used to pay rent to the Ohio 959
Building Authority for the period July 1, 2007, to June 30, 2009, 960
under the primary leases and agreements for various transportation 961
related capital facilities financed by obligations issued under 962
Chapter 152. of the Revised Code. The rental payments shall be 963
made from revenues received from the motor vehicle fuel tax. The 964
amounts of any bonds and notes to finance such capital facilities 965
shall be at the request of the Director of Transportation. 966
Notwithstanding section 152.24 of the Revised Code, the Ohio 967
Building Authority may, with approval of the Office of Budget and 968
Management, lease capital facilities to the Department of 969
Transportation. 970

       The Director of Transportation shall hold title to any land 971
purchased and any resulting structures that are attributable to 972
appropriation item 770-003. Notwithstanding section 152.18 of the 973
Revised Code, the Director of Transportation shall administer any 974
purchase of land and any contract for construction, 975
reconstruction, and rehabilitation of facilities as a result of 976
this appropriation. 977

       Should the appropriation and any reappropriations from prior 978
years in appropriation item 770-003 exceed the rental payments for 979
fiscal year 2008 or 2009, then prior to June 30, 2009, the balance 980
may be transferred to appropriation item 772-421, Highway 981
Construction - State, 773-431, Highway Maintenance - State, or 982
779-491, Administration - State, upon the written request of the 983
Director of Transportation and with the approval of the Director 984
of Budget and Management. The transfer shall be reported to the 985
Controlling Board at its next regularly scheduled meeting. 986

       Section 203.70. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS 987

       The Director of Transportation may use revenues from the 988
state motor vehicle fuel tax to match approved federal grants 989
awarded to the Department of Transportation, regional transit 990
authorities, or eligible public transportation systems, for public 991
transportation highway purposes, or to support local or state 992
funded projects for public transportation highway purposes. Public 993
transportation highway purposes include: the construction or 994
repair of high-occupancy vehicle traffic lanes, the acquisition or 995
construction of park-and-ride facilities, the acquisition or 996
construction of public transportation vehicle loops, the 997
construction or repair of bridges used by public transportation 998
vehicles or that are the responsibility of a regional transit 999
authority or other public transportation system, or other similar 1000
construction that is designated as an eligible public 1001
transportation highway purpose. Motor vehicle fuel tax revenues 1002
may not be used for operating assistance or for the purchase of 1003
vehicles, equipment, or maintenance facilities. 1004

       MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND 1005

       The Director of Budget and Management shall transfer cash in 1006
equal monthly increments totaling $188,169,480 in each fiscal year 1007
of the 2008-2009 biennium from the Highway Operating Fund, created 1008
in section 5735.291 of the Revised Code, to the Gasoline Excise 1009
Tax Fund created in division (A) of section 5735.27 of the Revised 1010
Code. The monthly amounts transferred under this section shall be 1011
distributed as follows: 42.86 per cent shall be distributed among 1012
the municipal corporations within the state under division (A)(2) 1013
of section 5735.27 of the Revised Code; 37.14 per cent shall be 1014
distributed among the counties within the state under division 1015
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent 1016
shall be distributed among the townships within the state under 1017
division (A)(5)(b) of section 5735.27 of the Revised Code. 1018

       Section 205.10. DHS DEPARTMENT OF PUBLIC SAFETY 1019

Highway Safety Information and Education 1020

State Highway Safety Fund Group 1021

036 761-321 Operating Expense - Information and Education $ 3,645,598 $ 3,645,598 1022

036 761-402 Traffic Safety Match $ 277,137 $ 277,137 1023
83N 761-611 Elementary School Seat Belt Program $ 375,000 $ 375,000 1024

831 761-610 Information and Education - Federal $ 468,982 $ 468,982 1025

832 761-612 Traffic Safety-Federal $ 16,577,565 $ 16,577,565 1026
844 761-613 Seat Belt Education Program $ 395,700 $ 411,528 1027

846 761-625 Motorcycle Safety Education $ 3,698,084 $ 4,010,865 1028

TOTAL HSF State Highway Safety 1029

Fund Group $ 25,438,066 $ 25,766,675 1030

Agency Fund Group 1031
5J9 761-678 Federal Salvage/GSA $ 1,500,000 $ 1,500,000 1032
TOTAL AGY Agency $ 1,500,000 $ 1,500,000 1033
TOTAL ALL BUDGET FUND GROUPS - 1034

Highway Safety Information 1035

and Education $ 26,938,066 $ 27,266,675 1036

       FEDERAL HIGHWAY SAFETY PROGRAM MATCH 1037

       The foregoing appropriation item 761-402, Traffic Safety 1038
Match, shall be used to provide the nonfederal portion of the 1039
federal Highway Safety Program. Upon request by the Director of 1040
Public Safety and approval by the Director of Budget and 1041
Management, appropriation item 761-402 shall be used to transfer 1042
cash from the Highway Safety Fund to the Traffic Safety - Federal 1043
Fund (Fund 832) at the beginning of each fiscal year on an 1044
intrastate transfer voucher. 1045

       Section 207.10. BUREAU OF MOTOR VEHICLES 1046

State Special Revenue Fund Group 1047

539 762-614 Motor Vehicle Dealers Board $ 200,000 $ 200,000 1048
TOTAL SSR State Special Revenue 1049

Fund Group $ 200,000 $ 200,000 1050

State Highway Safety Fund Group 1051

4W4 762-321 Operating Expense-BMV $ 90,394,299 $ 85,145,103 1052

4W4 762-410 Registrations Supplement $ 32,480,610 $ 32,480,610 1053
5V1 762-682 License Plate Contributions $ 2,100,000 $ 2,100,000 1054

83R 762-639 Local Immobilization Reimbursement $ 750,000 $ 750,000 1055

835 762-616 Financial Responsibility Compliance $ 5,843,830 $ 6,063,600 1056

849 762-627 Automated Title Processing Board $ 23,487,248 $ 19,240,839 1057

TOTAL HSF State Highway Safety 1058

Fund Group $ 155,055,987 $ 145,780,152 1059

TOTAL ALL BUDGET FUND GROUPS - 1060

Bureau of Motor Vehicles $ 155,255,987 $ 145,980,152 1061

       MOTOR VEHICLE REGISTRATION 1062

       The Registrar of Motor Vehicles may deposit revenues to meet 1063
the cash needs of the State Bureau of Motor Vehicles Fund (Fund 1064
4W4) established in section 4501.25 of the Revised Code, obtained 1065
under sections 4503.02 and 4504.02 of the Revised Code, less all 1066
other available cash. Revenue deposited pursuant to this section 1067
shall support, in part, appropriations for operating expenses and 1068
defray the cost of manufacturing and distributing license plates 1069
and license plate stickers and enforcing the law relative to the 1070
operation and registration of motor vehicles. Notwithstanding 1071
section 4501.03 of the Revised Code, the revenues shall be paid 1072
into the State Bureau of Motor Vehicles Fund before any revenues 1073
obtained pursuant to sections 4503.02 and 4504.02 of the Revised 1074
Code are paid into any other fund. The deposit of revenues to meet 1075
the aforementioned cash needs shall be in approximate equal 1076
amounts on a monthly basis or as otherwise determined by the 1077
Director of Budget and Management pursuant to a plan submitted by 1078
the Registrar of Motor Vehicles. 1079

       CAPITAL PROJECTS 1080

       The Registrar of Motor Vehicles may transfer cash from the 1081
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 1082
Highway Safety Fund (Fund 036) to meet its obligations for capital 1083
projects CIR-047, Department of Public Safety Office Building, 1084
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop. 1085

       Section 209.10. ENFORCEMENT 1086

State Highway Safety Fund Group 1087

036 764-033 Minor Capital Projects $ 1,250,000 $ 1,250,000 1088
036 764-321 Operating Expense - Highway Patrol $ 253,967,276 $ 267,539,597 1089
036 764-605 Motor Carrier Enforcement Expenses $ 3,061,817 $ 3,340,468 1090
83C 764-630 Contraband, Forfeiture, Other $ 622,894 $ 622,894 1091
83F 764-657 Law Enforcement Automated Data System $ 7,945,555 $ 8,275,898 1092
83G 764-633 OMVI Enforcement/Education $ 650,000 $ 650,000 1093
83J 764-693 Highway Patrol Justice Contraband $ 2,100,000 $ 2,100,000 1094
83T 764-694 Highway Patrol Treasury Contraband $ 21,000 $ 21,000 1095
831 764-610 Patrol - Federal $ 2,455,484 $ 2,455,484 1096
831 764-659 Transportation Enforcement - Federal $ 5,665,690 $ 6,132,592 1097
831 769-631 Homeland Security - Federal $ 1,500,000 $ 1,552,500 1098
837 764-602 Turnpike Policing $ 10,893,146 $ 11,553,959 1099
838 764-606 Patrol Reimbursement $ 175,000 $ 175,000 1100
840 764-607 State Fair Security $ 1,396,283 $ 1,396,283 1101
840 764-617 Security and Investigations $ 6,231,916 $ 6,155,385 1102
840 764-626 State Fairgrounds Police Force $ 788,375 $ 788,375 1103
840 769-632 Homeland Security - Operating $ 1,913,276 $ 1,989,807 1104
841 764-603 Salvage and Exchange - Highway Patrol $ 1,339,399 $ 1,339,399 1105
TOTAL HSF State Highway Safety 1106
Fund Group $ 301,977,111 $ 317,338,641 1107

General Services Fund Group 1108

4S2 764-660 MARCS Maintenance $ 335,862 $ 389,149 1109
TOTAL GSF General Services 1110
Fund Group $ 335,862 $ 389,149 1111

TOTAL ALL BUDGET FUND GROUPS - 1112
Enforcement $ 302,312,973 $ 317,727,790 1113

       COLLECTIVE BARGAINING INCREASES 1114

       Notwithstanding division (D) of section 127.14 and division 1115
(B) of section 131.35 of the Revised Code, except for the General 1116
Revenue Fund, the Controlling Board may, upon the request of 1117
either the Director of Budget and Management, or the Department of 1118
Public Safety with the approval of the Director of Budget and 1119
Management, increase appropriations for any fund, as necessary for 1120
the Department of Public Safety, to assist in paying the costs of 1121
increases in employee compensation that have occurred pursuant to 1122
collective bargaining agreements under Chapter 4117. of the 1123
Revised Code and, for exempt employees, under section 124.152 of 1124
the Revised Code. 1125

       TRAFFIC SAFETY OPERATING FUND 1126

       On July 1, 2007, or as soon thereafter as possible, the 1127
Director of Budget and Management shall transfer the cash balance 1128
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway 1129
Safety Fund (Fund 036). The Director of Budget and Management 1130
shall cancel any existing encumbrances against appropriation item 1131
764-688, Traffic Safety Operating, and re-establish them against 1132
appropriation item 764-321, Operating Expense – Highway Patrol. 1133
The amounts of the re-established encumbrances are hereby 1134
appropriated. Upon completion of these transfers, the Traffic 1135
Safety Operating Fund (Fund 5AY) is hereby abolished. 1136

       CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND 1137

       Effective July 1, 2007, the Treasurer of State, prior to 1138
making any of the distributions listed in sections 5735.23, 1139
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit 1140
the first $1,600,000 received each month to the credit of the 1141
State Highway Safety Fund (Fund 036). 1142

       Section 211.10. EMERGENCY MEDICAL SERVICES 1143

State Highway Safety Fund Group 1144

83M 765-624 Operating Expenses - Trauma and EMS $ 2,587,627 $ 2,587,627 1145
83P 765-637 Trauma and EMS $ 4,429,290 $ 4,562,912 1146

831 765-610 EMS/Federal $ 582,007 $ 582,007 1147

TOTAL HSF State Highway Safety 1148

Fund Group $ 7,598,924 $ 7,732,546 1149

TOTAL ALL BUDGET FUND GROUPS - 1150

Emergency Medical Services $ 7,598,924 $ 7,732,546 1151

        CASH TRANSFERS OF SEAT BELT FINE REVENUES 1152

        Notwithstanding any other provision of law to the contrary, 1153
the Controlling Board, upon request of the Director of Public 1154
Safety, may approve the transfer of cash between the following 1155
four funds that receive fine revenues from enforcement of the 1156
mandatory seat belt law: the Trauma and Emergency Medical Services 1157
Fund (Fund 83M), the Elementary School Program Fund (Fund 83N), 1158
the Trauma and Emergency Medical Services Grants Fund (Fund 83P), 1159
and the Seat Belt Education Fund (Fund 844). 1160

       Section 213.10. INVESTIGATIVE UNIT 1161

State Highway Safety Fund Group 1162

831 767-610 Liquor Enforcement - Federal $ 514,184 $ 514,184 1163
831 769-610 Food Stamp Trafficking Enforcement - Federal $ 1,032,135 $ 1,032,135 1164
TOTAL HSF State Highway Safety 1165
Fund Group $ 1,546,319 $ 1,546,319 1166

Liquor Control Fund Group 1167

043 767-321 Liquor Enforcement - Operations $ 11,435,527 $ 11,546,052 1168
TOTAL LCF Liquor Control Fund 1169
Group $ 11,435,527 $ 11,546,052 1170

State Special Revenue Fund Group 1171

5B9 766-632 Private Investigator and Security Guard Provider $ 1,288,730 $ 1,289,883 1172
5CM 767-691 Federal Investigative Seizure $ 642,175 $ 642,175 1173
622 767-615 Investigative Contraband and Forfeiture $ 375,000 $ 375,000 1174
850 767-628 Investigative Unit Salvage $ 100,000 $ 100,000 1175
TOTAL SSR State Special Revenue 1176
Fund Group $ 2,405,905 $ 2,407,058 1177
TOTAL ALL BUDGET FUND GROUPS - 1178
Special Enforcement $ 15,387,750 $ 15,499,429 1179

       LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS 1180
EQUIPMENT 1181

       The Director of Public Safety, using intrastate transfer 1182
vouchers, shall make cash transfers to the State Highway Safety 1183
Fund (Fund 036) from other funds to reimburse the State Highway 1184
Safety Fund for the share of lease rental payments to the Ohio 1185
Building Authority that are associated with appropriation item 1186
CAP-076, Investigative Unit MARCS Equipment. 1187

       Section 215.10. EMERGENCY MANAGEMENT 1188

Federal Special Revenue Fund Group 1189

3N5 763-644 U.S. Department of Energy Agreement $ 175,000 $ 175,000 1190
329 763-645 Individual Household Grants - Fed $ 13,831,920 $ 13,848,251 1191
337 763-609 Federal Disaster Relief $ 27,700,200 $ 27,707,636 1192
339 763-647 Emergency Management Assistance and Training $ 85,121,692 $ 85,265,885 1193
TOTAL FED Federal Special 1194
Revenue Fund Group $ 126,828,812 $ 126,996,772 1195

State Special Revenue Fund Group 1196

4V3 763-662 EMA Service and Reimbursement $ 650,000 $ 650,000 1197
657 763-652 Utility Radiological Safety $ 1,260,000 $ 1,260,000 1198
681 763-653 SARA Title III HAZMAT Planning $ 271,510 $ 271,510 1199
TOTAL SSR State Special Revenue 1200
Fund Group $ 2,181,510 $ 2,181,510 1201
TOTAL ALL BUDGET FUND GROUPS - 1202
Emergency Management $ 129,010,322 $ 128,814,272 1203

       STATE DISASTER RELIEF 1204

       The appropriation item 763-601, State Disaster Relief (Fund 1205
533), may accept transfers of cash and appropriations from 1206
Controlling Board appropriation items for Ohio Emergency 1207
Management Agency disaster response costs and disaster program 1208
management costs, and may also be used for the following purposes: 1209

       (A) To accept transfers of cash and appropriations from 1210
Controlling Board appropriation items for Ohio Emergency 1211
Management Agency public assistance and mitigation program match 1212
costs to reimburse eligible local governments and private 1213
nonprofit organizations for costs related to disasters; 1214

       (B) To accept and transfer cash to reimburse the costs 1215
associated with Emergency Management Assistance Compact (EMAC) 1216
deployments; 1217

       (C) To accept disaster related reimbursement from federal, 1218
state, and local governments. The Director of Budget and 1219
Management may transfer cash from reimbursements received by this 1220
fund to other funds of the state from which transfers were 1221
originally approved by the Controlling Board. 1222

       (D) To accept transfers of cash and appropriations from 1223
Controlling Board appropriation items to fund the State Disaster 1224
Relief Program, for disasters that have been declared by the 1225
Governor, and the State Individual Assistance Program for 1226
disasters that have been declared by the Governor and the federal 1227
Small Business Administration. The Ohio Emergency Management 1228
Agency shall publish and make available application packets 1229
outlining procedures for the State Disaster Relief Program and the 1230
State Individual Assistance Program. 1231

       SARA TITLE III HAZMAT PLANNING 1232

       The SARA Title III HAZMAT Planning Fund (Fund 681) is 1233
entitled to receive grant funds from the Emergency Response 1234
Commission to implement the Emergency Management Agency's 1235
responsibilities under Chapter 3750. of the Revised Code. 1236

       Section 217.10. CRIMINAL JUSTICE SERVICES 1237

General Services Fund Group 1238

4P6 768-601 Justice Program Services $ 100,000 $ 100,000 1239

TOTAL GSF General Services Fund Group $ 100,000 $ 100,000 1240

Federal Special Revenue Fund Group 1241

3AY 768-606 Federal Justice Grants $ 13,019,284 $ 13,060,000 1242
3L5 768-604 Justice Program $ 11,880,083 $ 12,056,300 1243

TOTAL FED Federal Special Revenue Fund Group $ 24,899,367 $ 25,116,300 1244

State Special Revenue Fund Group 1245

5BK 768-687 Criminal Justice Services Operating $ 400,000 $ 400,000 1246
5BK 768-689 Family Violence Shelter Programs $ 750,000 $ 750,000 1247

TOTAL SSR Special Revenue Fund Group $ 1,150,000 $ 1,150,000 1248

TOTAL ALL BUDGET FUND GROUPS - Criminal Justice Services $ 26,149,367 $ 26,366,300 1249

       TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE 1250
DEPARTMENT OF PUBLIC SAFETY 1251

       Business commenced but not completed by the Office of 1252
Criminal Justice Services on July 1, 2005, shall be completed by 1253
the Division of Criminal Justice Services, in the same manner, and 1254
with the same effect, as if completed by the Office of Criminal 1255
Justice Services. No validation, cure, right, privilege, remedy, 1256
obligation, or liability is lost or impaired by reason of the 1257
transfer required by this section but shall be administered by the 1258
Division of Criminal Justice Services. 1259

        FUND CLARIFICATIONS 1260

       The fund created by the amendment in this act to section 1261
5502.62 of the Revised Code is the same fund, with a new name, as 1262
the Justice Programs Fund (Fund 3L5). The fund created by section 1263
5502.67 of the Revised Code is the same fund, with a new name, as 1264
the General Services Fund (Fund 4P6). 1265

       Section 219.10. ADMINISTRATION 1266

State Highway Safety Fund Group 1267

036 766-321 Operating Expense - Administration $ 4,461,836 $ 4,461,836 1268

830 761-603 Salvage and Exchange - Administration $ 20,000 $ 20,000 1269

TOTAL HSF State Highway Safety 1270

Fund Group $ 4,481,836 $ 4,481,836 1271

General Services Fund Group 1272

4S3 766-661 Hilltop Utility Reimbursement $ 500,000 $ 500,000 1273

TOTAL GSF General Services 1274

Fund Group $ 500,000 $ 500,000 1275

TOTAL ALL BUDGET FUND GROUPS - 1276

Administration $ 4,981,836 $ 4,981,836 1277

       Section 221.10. DEBT SERVICE 1279

State Highway Safety Fund Group 1280

036 761-401 Lease Rental Payments $ 13,929,500 $ 14,017,100 1281

TOTAL HSF State Highway Safety 1282

Fund Group $ 13,929,500 $ 14,017,100 1283

TOTAL ALL BUDGET FUND GROUPS - 1284

Debt Service $ 13,929,500 $ 14,017,100 1285

       OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS 1286

       The foregoing appropriation item 761-401, Lease Rental 1287
Payments, shall be used for payments to the Ohio Building 1288
Authority for the period July 1, 2007, to June 30, 2009, under the 1289
primary leases and agreements for public safety related buildings 1290
financed by obligations issued under Chapter 152. of the Revised 1291
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio 1292
Building Authority may, with approval of the Director of Budget 1293
and Management, lease capital facilities to the Department of 1294
Public Safety. 1295

       HILLTOP TRANSFER 1296

       The Director of Public Safety shall determine, per an 1297
agreement with the Director of Transportation, the share of each 1298
debt service payment made out of appropriation item 761-401, Lease 1299
Rental Payments, that relates to the Department of 1300
Transportation's portion of the Hilltop Building Project, and 1301
shall certify to the Director of Budget and Management the amounts 1302
of this share. The Director of Budget and Management shall 1303
transfer the amounts of such shares from the Highway Operating 1304
Fund (Fund 002) to the Highway Safety Fund (Fund 036). 1305

       Section 223.10. REVENUE DISTRIBUTION 1306

Holding Account Redistribution Fund Group 1307

R24 762-619 Unidentified Motor Vehicle Receipts $ 1,885,000 $ 1,885,000 1308
R52 762-623 Security Deposits $ 350,000 $ 350,000 1309
TOTAL 090 Holding Account 1310
Redistribution Fund Group $ 2,235,000 $ 2,235,000 1311
TOTAL ALL BUDGET FUND GROUPS - 1312
Revenue Distribution $ 2,235,000 $ 2,235,000 1313

TOTAL Department of Public Safety 1314

TOTAL HSF State Highway Safety 1315
Fund Group $ 510,392,243 $ 516,891,069 1316
TOTAL SSR State Special Revenue 1317
Fund Group $ 5,937,415 $ 5,938,568 1318
TOTAL LCF Liquor Control 1319
Fund Group $ 11,435,527 $ 11,546,052 1320
TOTAL GSF General Services 1321
Fund Group $ 935,862 $ 989,149 1322
TOTAL FED Federal Special Revenue 1323
Fund Group $ 151,728,179 $ 152,113,072 1324
TOTAL AGY Agency Fund Group $ 1,500,000 $ 1,500,000 1325
TOTAL 090 Holding Account 1326
Redistribution Fund Group $ 2,235,000 $ 2,235,000 1327
TOTAL ALL BUDGET FUND GROUPS $ 684,164,226 $ 691,212,910 1328

       Section 225.10. CASH BALANCE FUND REVIEW 1330

       Not later than the first day of April in each fiscal year of 1331
the biennium, the Director of Budget and Management shall review 1332
the cash balances for each fund, except the State Highway Safety 1333
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4), 1334
in the State Highway Safety Fund Group, and shall recommend to the 1335
Controlling Board an amount to be transferred to the credit of the 1336
State Highway Safety Fund or the Bureau of Motor Vehicles Fund, as 1337
appropriate. 1338

       Section 227.10. DEV DEPARTMENT OF DEVELOPMENT 1339

State Special Revenue Fund Group 1340

4W0 195-629 Roadwork Development $ 18,699,900 $ 18,699,900 1341

TOTAL SSR State Special Revenue 1342

Fund Group $ 18,699,900 $ 18,699,900 1343

TOTAL ALL BUDGET FUND GROUPS $ 18,699,900 $ 18,699,900 1344

       ROADWORK DEVELOPMENT FUND 1345

       The Roadwork Development Fund shall be used for road 1346
improvements associated with economic development opportunities 1347
that will retain or attract businesses for Ohio. "Road 1348
improvements" are improvements to public roadway facilities 1349
located on, or serving or capable of serving, a project site. 1350

       The Department of Transportation, under the direction of the 1351
Department of Development, shall provide these funds in accordance 1352
with all guidelines and requirements established for Department of 1353
Development appropriation item 195-412, Business Development, 1354
including Controlling Board review and approval as well as the 1355
requirements for usage of gas tax revenue prescribed in Section 5a 1356
of Article XII, Ohio Constitution. Should the Department of 1357
Development require the assistance of the Department of 1358
Transportation to bring a project to completion, the Department of 1359
Transportation shall use its authority under Title LV of the 1360
Revised Code to provide such assistance and enter into contracts 1361
on behalf of the Department of Development. In addition, these 1362
funds may be used in conjunction with appropriation item 195-412, 1363
Business Development, or any other state funds appropriated for 1364
infrastructure improvements. 1365

       The Director of Budget and Management, pursuant to a plan 1366
submitted by the Department of Development or as otherwise 1367
determined by the Director of Budget and Management, shall set a 1368
cash transfer schedule to meet the cash needs of the Department of 1369
Development's Roadwork Development Fund (Fund 4W0), less any other 1370
available cash. The Director shall transfer to the Roadwork 1371
Development Fund from the Highway Operating Fund (Fund 002), 1372
established in section 5735.291 of the Revised Code, such amounts 1373
at such times as determined by the transfer schedule. 1374

       Section 229.10. PWC PUBLIC WORKS COMMISSION 1375

Local Transportation Improvements Fund Group 1376

052 150-402 Local Transportation Improvement Program - Operating $ 291,537 $ 306,178 1377

052 150-701 Local Transportation Improvement Program $ 67,500,000 $ 67,500,000 1378

TOTAL 052 Local Transportation 1379

Improvements Fund Group $ 66,294,245 $ 66,306,509 1380

Local Infrastructure Improvements Fund Group 1381

038 150-321 State Capital Improvements Program - Operating Expenses $ 879,237 $ 918,912 1382

TOTAL LIF Local Infrastructure 1383

Improvements Fund Group $ 879,237 $ 918,912 1384

TOTAL ALL BUDGET FUND GROUPS $ 67,185,569 $ 67,225,906 1385

       DISTRICT ADMINISTRATION COSTS 1386

       The Director of the Public Works Commission is authorized to 1387
create a District Administration Costs Program from interest 1388
earnings of the Capital Improvements Fund and Local Transportation 1389
Improvement Program Fund proceeds. The program shall be used to 1390
provide for the direct costs of district administration of the 1391
nineteen public works districts. Districts choosing to participate 1392
in the program shall only expend Capital Improvements Fund moneys 1393
for Capital Improvements Fund costs and Local Transportation 1394
Improvement Program Fund moneys for Local Transportation 1395
Improvement Program Fund costs. The account shall not exceed 1396
$1,235,000 per fiscal year. Each public works district may be 1397
eligible for up to $65,000 per fiscal year from its district 1398
allocation as provided in sections 164.08 and 164.14 of the 1399
Revised Code. 1400

       The Director, by rule, shall define allowable and 1401
nonallowable costs for the purpose of the District Administration 1402
Costs Program. Nonallowable costs include indirect costs, elected 1403
official salaries and benefits, and project-specific costs. No 1404
district public works committee may participate in the District 1405
Administration Costs Program without the approval of those costs 1406
by the district public works committee under section 164.04 of the 1407
Revised Code. 1408

       REAPPROPRIATIONS 1409

       All capital appropriations from the Local Transportation 1410
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 68 of the 1411
126th General Assembly remaining unencumbered as of June 30, 2007, 1412
are reappropriated for use during the period July 1, 2007, through 1413
June 30, 2008, for the same purpose. 1414

       Notwithstanding division (B) of section 127.14 of the Revised 1415
Code, all capital appropriations and reappropriations from the 1416
Local Transportation Improvement Program Fund (Fund 052) in this 1417
act remaining unencumbered as of June 30, 2008, are reappropriated 1418
for use during the period July 1, 2008, through June 30, 2009, for 1419
the same purposes, subject to the availability of revenue as 1420
determined by the Director of the Public Works Commission. 1421

       Section 303.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO 1422
APPROPRIATIONS 1423

       Law contained in the main operating appropriations act of the 1424
126th General Assembly that is generally applicable to the 1425
appropriations made in the main operating appropriations act also 1426
is generally applicable to the appropriations made in this act. 1427

       Section 305.10. LEASE PAYMENTS TO OBA AND TREASURER 1428

       Certain appropriations are in this act for the purpose of 1429
lease payments to the Ohio Building Authority or to the Treasurer 1430
of State under leases and agreements relating to bonds or notes 1431
issued by the Ohio Building Authority or the Treasurer of State 1432
under the Ohio Constitution and acts of the General Assembly. If 1433
it is determined that additional appropriations are necessary for 1434
this purpose, such amounts are hereby appropriated. 1435

       Section 550.10. FEDERAL JUSTICE GRANTS FUND 1436

       The Federal Justice Grants Fund created by the amendment by 1437
this act of section 5502.62 of the Revised Code is the same fund, 1438
with a new name, as the Justice Programs Fund (Fund 3L5). 1439

       Section 550.20. JUSTICE PROGRAM SERVICES FUND 1440

       The Justice Program Services Fund created by section 5502.67 1441
of the Revised Code is the same fund, with a new name, as the 1442
General Services Fund (Fund 4P6). 1443

       Section 557.10. Notwithstanding Chapter 5735. of the Revised 1444
Code, the following shall apply for the period of July 1, 2007, 1445
through June 30, 2009: 1446

        (A) For the discount under section 5735.06 of the Revised 1447
Code, if the monthly report is timely filed and the tax is timely 1448
paid, 1.0 percent of the total number of gallons of motor fuel 1449
received by the motor fuel dealer within the state during the 1450
preceding calendar month, less the total number of gallons 1451
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of 1452
the Revised Code, less 0.65 percent of the total number of gallons 1453
of motor fuel that were sold to a retail dealer during the 1454
preceding calendar month. 1455

        (B) For the semiannual periods ending December 31, 2007, June 1456
30, 2008, December 31, 2008, and June 30, 2009, the refund 1457
provided to retail dealers under section 5735.141 of the Revised 1458
Code shall be 0.65 percent of the Ohio motor fuel taxes paid on 1459
fuel purchased during those semiannual periods. 1460

       Section 603.10. The items of law contained in this act, and 1461
their applications, are severable. If any item of law contained in 1462
this act, or if any application of any item of law contained in 1463
this act, is held invalid, the invalidity does not affect other 1464
items of law contained in this act and their applications that can 1465
be given effect without the invalid item of law or application. 1466

       Section 609.10. Except as otherwise specifically provided in 1467
this act, the codified sections of law amended or enacted in this 1468
act, and the items of law of which the codified sections of law 1469
amended or enacted in this act are composed, are subject to the 1470
referendum. Therefore, under Ohio Constitution, Article II, 1471
Section 1c and section 1.471 of the Revised Code, the codified 1472
sections of law amended or enacted by this act, and the items of 1473
law of which the codified sections of law as amended or enacted by 1474
this act are composed, take effect on the ninety-first day after 1475
this act is filed with the Secretary of State. If, however, a 1476
referendum petition is filed against any such codified section of 1477
law as amended or enacted by this act, or against any item of law 1478
of which any such codified section of law as amended or enacted by 1479
this act is composed, the codified section of law as amended or 1480
enacted, or item of law, unless rejected at the referendum, takes 1481
effect at the earliest time permitted by law. 1482

       Section 611.10. (A)(1) Insofar as the items of law in the 1483
uncodified sections of law contained in this act appropriate money 1484
for the current expenses of state government, earmark this class 1485
of appropriations, or depend for their implementation upon an 1486
appropriation of this class, the items of law are not subject to 1487
the referendum. To that extent therefore, under Ohio Constitution, 1488
Article II, Section 1c and section 1.471 of the Revised Code, 1489
these items of law go into immediate effect when this act becomes 1490
law. 1491

       (2) Insofar as the items of law in the uncodified sections of 1492
law contained in this act appropriate money other than for the 1493
current expenses of state government, earmark this class of 1494
appropriations, or depend for their implementation upon an 1495
appropriation of this class, the items of law are subject to the 1496
referendum. To that extent therefore, under Ohio Constitution, 1497
Article II, Section 1d and section 1.471 of the Revised Code, 1498
these items of law take effect on the ninety-first day after this 1499
act is filed with the Secretary of State. If, however, a 1500
referendum petition is filed against such an item of law, the item 1501
of law, unless rejected at the referendum, takes effect at the 1502
earliest time permitted by law. 1503

       (B) This section is not subject to the referendum. Therefore, 1504
under Ohio Constitution, Article II, Section 1d and section 1.471 1505
of the Revised Code, this section goes into immediate effect when 1506
this act becomes law. 1507

       Section 611.20. Sections 550.10, 550.20, and 557.10 of this 1508
act and the items of law of which they are composed are subject to 1509
the referendum. Therefore, under Ohio Constitution, Article II, 1510
Section 1c and section 1.471 of the Revised Code, the sections and 1511
items of law take effect on the ninety-first day after this act is 1512
filed with the Secretary of State. If, however, a referendum 1513
petition is filed against any such section or against any such 1514
item of law, the section or item of law, unless rejected at the 1515
referendum, takes effect at the earliest time permitted by law. 1516

Section 101.01. That sections 3705.242, 4511.101, 5501.10,	7
5502.03, 5502.62, 5516.01, 5516.02, 5516.06, and 5735.05 be	8
amended and sections 5502.67 and 5531.11 of the Revised Code be	9
enacted to read as follows:	10

Sec. 3705.242. (A)(1) The director of health, a person	11
authorized by the director, a local commissioner of health, or a	12
local registrar of vital statistics shall charge and collect a fee	13
of one dollar and fifty cents for each certified copy of a birth	14
record, each certification of birth, and each copy of a death	15
record. The fee is in addition to the fee imposed by section	16
3705.24 or any other section of the Revised Code. A local	17
commissioner of health or local registrar of vital statistics may	18
retain an amount of each additional fee collected, not to exceed	19
three per cent of the amount of the additional fee, to be used for	20
costs directly related to the collection of the fee and the	21
forwarding of the fee to the treasurer of state. The additional	22
fees collected, but not retained, under division (A)(1) of this	23
section shall be forwarded to the treasurer of state not later	24
than thirty days following the end of each quarter.	25

(2) On the filing of a divorce decree under section 3105.10	26
or a decree of dissolution under section 3105.65 of the Revised	27
Code, a court of common pleas shall charge and collect a fee of	28
five dollars and fifty cents. The fee is in addition to any other	29
court costs or fees. The county clerk of courts may retain an	30
amount of each additional fee collected, not to exceed three per	31
cent of the amount of the additional fee, to be used for costs	32
directly related to the collection of the fee and the forwarding	33
of the fee to the treasurer of state. The additional fees	34
collected, but not retained, under division (A)(2) of this section	35
shall be forwarded to the treasurer of state not later than twenty	36
days following the end of each month.	37

(B) The treasurer of state shall deposit the fees forwarded	38
under this section in the state treasury to the credit of the	39
family violence prevention fund, which is hereby created. A person	40
or government entity that fails to forward the fees in a timely	41
manner, as determined by the treasurer of state, shall forward to	42
the treasurer of state, in addition to the fees, a penalty equal	43
to ten per cent of the fees.	44

The treasurer of state shall invest the moneys in the fund.	45
All earnings resulting from investment of the fund shall be	46
credited to the fund, except that actual administration costs	47
incurred by the treasurer of state in administering the fund may	48
be deducted from the earnings resulting from investments. The	49
amount that may be deducted shall not exceed three per cent of the	50
total amount of fees credited to the fund in each fiscal year. The	51
balance of the investment earnings shall be credited to the fund.	52

(C) The director of public safety shall use money credited to	53
the fund to provide grants to family violence shelters in Ohio and	54
to operate the division of criminal justice services.	55

Sec. 4511.101. (A) The director of transportation, in	56
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,	57
shall establish a program for the placement of business logos for	58
identification purposes on state directional signs within the	59
rights-of-way of divided, multi-lane, limited access highways in	60
both rural and urban areas. The director shall adopt rules in	61
accordance with Chapter 119. of the Revised Code to implement the	62
program.	63

(B)(1) All direct and indirect costs of the business logo	64
sign program established pursuant to this section shall be fully	65
paid by the businesses applying for participation in the program	66
other than qualified attractions approved by the director under	67
division (B)(2) of this section. At any interchange where a	68
business logo sign is erected, such costs shall be divided equally	69
among the participating businesses other than approved qualified	70
attractions. The direct and indirect costs of the program shall	71
include, but not be limited to, the cost of capital, directional	72
signs, blanks, posts, logos, installation, repair, engineering,	73
design, insurance, removal, replacement, and administration.	74
Nothing in this chapter shall be construed to prohibit the	75
director from establishing such a program.	76

(2) The director may approve the participation of a	77
charitable organization operating a qualified attraction in the	78
business logo sign program if the director determines that	79
promotion or protection of the qualified attraction serves a	80
legitimate state interest. The director may approve such	81
participation at no cost or at a nominal fee.	82

(C) The director, in accordance with rules adopted ~~pursuant~~	83
~~to Chapter 119. of the Revised Code~~under division (A) of this	84
section, may contract with any private person to operate,	85
maintain, and market the business logo sign program. The rules	86
shall describe the terms of the contract, and shall allow for a	87
reasonable profit to be earned by the successful applicant. In	88
awarding the contract, the director shall consider the skill,	89
expertise, prior experience, and other qualifications of each	90
applicant.	91

(1) "Charitable organization" has the same meaning as in	93
section 1716.01 of the Revised Code.	94

(2) "Qualified attraction" includes natural wonders, and	95
artistic, scenic, and historical attractions.	96

(3) "Urban area" means an area having a population of fifty	97
thousand or more according to the most recent federal census and	98
designated as such on urban maps prepared by the department.	99

(E) Neither the department nor the director shall do either	100
of the following:	101

(1) Limit the right of any person to erect, maintain, repair,	102
remove, or utilize any off-premises or on-premises advertising	103
device;	104

(2) Make participation in the business logo sign program	105
conditional upon a business agreeing to limit, discontinue,	106
withdraw, modify, alter, or change any advertising or sign.	107

(F) The program shall permit the business logo signs of a	108
seller of motor vehicle fuel to include on the seller's signs a	109
marking or symbol indicating that the seller sells one or more	110
types of alternative fuel so long as the seller in fact sells that	111
fuel.	112

As used in this division, "alternative fuel" has the same	113
meaning as in section 125.831 of the Revised Code.	114

Sec. 5501.10. (A)(1) Within three months of ~~the effective~~	115
~~date of this act~~June 30, 1995, the department of transportation	116
shall establish a written policy for the classification and	117
prioritization of all new construction plans and contracts. ~~The~~	118

(2) Within three months of the effective date of this	119
amendment, the department shall revise the policy required by	120
division (A)(1) of this section. The revised policy shall require	121
the prioritization of projects using a method that includes	122
criteria that promote economic development, encourage the	123
preservation and rehabilitation of existing transportation	124
infrastructure, the expansion of capacity for all modes of public	125
transportation, the reduction of traffic congestion in urban	126
areas, the preservation and rehabilitation of airports, the	127
improvement of rail freight services, the enhancement of safety,	128
and land use decisions that reflect the requests of local	129
communities.	130

(B) The policy shall consider all aspects of new construction	131
planning in a manner allowing the comparison of competing	132
projects. The director of transportation shall utilize the policy	133
in regard to all new construction plans and contracts.	134

Sec. 5502.03. (A) There is hereby created in the department	135
of public safety a division of homeland security. ~~It is the intent~~	136
~~of the general assembly that the creation of the division of~~	137
~~homeland security of the department of public safety by this~~	138
~~amendment does not result in an increase of funding appropriated~~	139
~~to the department.~~	140

(1) Coordinate all homeland security activities of all state	142
agencies and be the liaison between state agencies and local	143
entities for the purposes of communicating homeland security	144
funding and policy initiatives;	145

(2) Collect, analyze, maintain, and disseminate information	146
to support local, state, and federal law enforcement agencies,	147
other government agencies, and private organizations in detecting,	148
deterring, preventing, preparing for, responding to, and	149
recovering from threatened or actual terrorist events. This	150
information is not a public record pursuant to section 149.43 of	151
the Revised Code.	152

(3) Coordinate efforts of state and local governments and	153
private organizations to enhance the security and protection of	154
critical infrastructure and key assets in this state;	155

(4) Develop and coordinate policies, protocols, and	156
strategies that may be used to prevent, detect, prepare for,	157
respond to, and recover from terrorist acts or threats;	158

(5) Develop, update, and coordinate the implementation of an	159
Ohio homeland security strategic plan that will guide state and	160
local governments in the achievement of homeland security in this	161
state.	162

(C) The director of public safety shall appoint an executive	163
director, who shall be head of the division of homeland security	164
and who regularly shall advise the governor and the director on	165
matters pertaining to homeland security. The executive director	166
shall serve at the pleasure of the director of public safety. To	167
carry out the duties assigned under this section, the executive	168
director, subject to the direction and control of the director of	169
public safety, may appoint and maintain necessary staff and may	170
enter into any necessary agreements.	171

(D) Except as otherwise provided by law, nothing in this	172
section shall be construed to give the director of public safety	173
or the executive director of the division of homeland security	174
authority over the incident management structure or	175
responsibilities of local emergency response personnel.	176

Sec. 5502.62. (A) There is hereby created in the department	177
of public safety a division of criminal justice services. The	178
director of public safety, with the concurrence of the governor,	179
shall appoint an executive director of the division of criminal	180
justice services. The executive director shall be the head of the	181
division. The executive director shall serve at the pleasure of	182
the director of public safety. To carry out the duties assigned	183
under this section and to comply with sections 5502.63 to 5502.66	184
of the Revised Code, the executive director, subject to the	185
direction and control of the director of public safety, may	186
appoint and maintain any necessary staff and may enter into any	187
necessary contracts and other agreements. The executive director	188
of the division, and all professional and technical personnel	189
employed within the division who are not public employees as	190
defined in section 4117.01 of the Revised Code, shall be in the	191
unclassified civil service, and all other persons employed within	192
the division shall be in the classified civil service.	193