Am. Sub. H. B. No. 67 As Passed by the House

As Passed by the House

127th General Assembly

Regular Session

2007-2008

Am. Sub. H. B. No. 67

Representative Patton

Cosponsors: Representatives Webster, Hottinger, Evans, Flowers, Schlichter, Strahorn, Aslanides, Batchelder, Bolon, Brown, Carmichael, Collier, Daniels, DeBose, Dolan, Domenick, Fende, Garrison, Gibbs, Hagan, J., Hagan, R., McGregor, J., Miller, Okey, Otterman, Uecker, Williams, B.

A BILL

To amend sections 737.04, 737.041, 3314.091, 3327.10, 1
3705.242, 4503.10, 4503.44, 4505.09, 4511.101, 2
4511.21, 4519.59, 4561.18, 5501.31, 5501.49, 3
5502.03, 5502.62, 5516.01, 5537.16, 5577.05, 4
5591.02, 5735.05, 5751.032, and 5751.20; to enact 5
sections 121.51, 4511.092, 5502.67, 5537.31, and 6
5537.32 of the Revised Code; and to amend Sections 7
235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of 8
the 126th General Assembly to prescribe terms and 9
conditions pertaining to transportation and public 10
safety purposes. 11

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

       Section 101.01. That sections 737.04, 737.041, 3314.091, 12
3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4511.101, 4511.21, 13
4519.59, 4561.18, 5501.31, 5501.49, 5502.03, 5502.62, 5516.01, 14
5537.16, 5577.05, 5591.02, 5735.05, 5751.032, and 5751.20 be 15
amended and sections 121.51, 4511.092, 5502.67, 5537.31, and 16
5537.32 of the Revised Code be enacted to read as follows: 17

       Sec. 121.51. There is hereby created in the office of the 18
inspector general the position of deputy inspector general for the 19
department of transportation. The inspector general shall hire the 20
deputy inspector general, and the deputy inspector general shall 21
serve at the pleasure of the inspector general. A person employed 22
as the deputy inspector general shall have the same qualifications 23
as those specified in section 121.49 of the Revised Code for the 24
inspector general. The inspector general shall provide 25
professional and clerical assistance to the deputy inspector 26
general. The inspector general shall certify to the director of 27
budget and management the costs incurred by the deputy inspector 28
general, including the salaries of the deputy inspector general 29
and the employees assisting the deputy inspector general. The 30
director of budget and management shall transfer the amount 31
certified from the appropriation made to the department of 32
transportation from which expenditures for general administrative 33
purposes, as distinguished from specific infrastructure projects, 34
are made. 35

       The deputy inspector general shall investigate all claims or 36
cases of criminal violations, abuse of office, or misconduct on 37
the part of officers or employees of the department and shall 38
conduct a program of random review of the processing of contracts 39
associated with building and maintaining the state's 40
infrastructure. The random review program shall be designed by the 41
inspector general. The program shall be confidential and may be 42
altered by the inspector general at any time. The deputy inspector 43
general has the same powers and duties regarding matters 44
concerning the department as those specified in sections 121.42, 45
121.43, and 121.45 of the Revised Code for the inspector general. 46
Complaints may be filed with the deputy inspector general in the 47
same manner as prescribed for complaints filed with the inspector 48
general under section 121.46 of the Revised Code. All 49
investigations conducted and reports issued by the deputy 50
inspector general are subject to section 121.44 of the Revised 51
Code. 52

       All officers and employees of the department shall cooperate 53
with and provide assistance to the deputy inspector general in the 54
performance of any investigation conducted by the deputy inspector 55
general. In particular, those persons shall make their premises, 56
equipment, personnel, books, records, and papers readily available 57
to the deputy inspector general. In the course of an 58
investigation, the deputy inspector general may question any 59
officers or employees of the department and any person transacting 60
business with the department and may inspect and copy any books, 61
records, or papers in the possession of the department, taking 62
care to preserve the confidentiality of information contained in 63
responses to questions or the books, records, or papers that are 64
made confidential by law. In performing any investigation, the 65
deputy inspector general shall avoid interfering with the ongoing 66
operations of the department, except insofar as is reasonably 67
necessary to complete the investigation successfully. 68

       The deputy inspector general shall deliver to the director of 69
transportation and the governor any case for which remedial action 70
is necessary. The deputy inspector general shall maintain a public 71
record of its activities to the extent permitted under this 72
section, ensuring that the rights of the parties involved in each 73
case are protected and, once every six months, shall report to the 74
governor, the general assembly, and the director of transportation 75
the deputy inspector general's findings and the corrective actions 76
subsequently taken in cases considered by the deputy inspector 77
general. 78

       No person shall disclose any information that is designated 79
as confidential in accordance with section 121.44 of the Revised 80
Code or any confidential information that is acquired in the 81
course of an investigation conducted under this section to any 82
person who is not legally entitled to disclosure of that 83
information. 84

       Sec. 737.04. The legislative authority of any municipal 85
corporation, in order to obtain police protection or to obtain 86
additional police protection, or to allow its police officers to 87
work in multijurisdictional drug, gang, or career criminal task 88
forces, may enter into contracts with one or more municipal 89
corporations, townships, township police districts, or county 90
sheriffs in this state, with one or more park districts created 91
pursuant to section 511.18 or 1545.01 of the Revised Code, with 92
one or more port authorities, or with a contiguous municipal 93
corporation in an adjoining state, upon any terms that are agreed 94
upon, for services of police departments or the use of police 95
equipment or for the interchange of services of police departments 96
or police equipment within the several territories of the 97
contracting subdivisions. 98

       Chapter 2744. of the Revised Code, insofar as it applies to 99
the operation of police departments, shall apply to the 100
contracting political subdivisions and to the police department 101
members when they are rendering service outside their own 102
subdivisions pursuant to the contracts. 103

       Police department members acting outside the subdivision in 104
which they are employed, pursuant to a contract entered into under 105
this section, shall be entitled to participate in any indemnity 106
fund established by their employer to the same extent as while 107
acting within the employing subdivision. Those members shall be 108
entitled to all the rights and benefits of Chapter 4123. of the 109
Revised Code, to the same extent as while performing service 110
within the subdivision. 111

       The contracts may provide for: 112

       (A) A fixed annual charge to be paid at the times agreed upon 113
and stipulated in the contract; 114

       (B) Compensation based upon: 115

       (1) A stipulated price for each call or emergency; 116

       (2) The number of members or pieces of equipment employed; 117

       (3) The elapsed time of service required in each call or 118
emergency. 119

       (C) Compensation for loss or damage to equipment while 120
engaged in rendering police services outside the limits of the 121
subdivision owning and furnishing the equipment; 122

       (D) Reimbursement of the subdivision in which the police 123
department members are employed for any indemnity award or premium 124
contribution assessed against the employing subdivision for 125
workers' compensation benefits for injuries or death of its police 126
department members occurring while engaged in rendering police 127
services pursuant to the contract. 128

       Sec. 737.041. The police department of any municipal 129
corporation may provide police protection to any county, municipal 130
corporation, township, or township police district of this state, 131
to a park district created pursuant to section 511.18 or 1545.01 132
of the Revised Code, to a port authority, to any 133
multijurisdictional drug, gang, or career criminal task force, or 134
to a governmental entity of an adjoining state without a contract 135
to provide police protection, upon the approval, by resolution, of 136
the legislative authority of the municipal corporation in which 137
the department is located and upon authorization by an officer or 138
employee of the police department providing the police protection 139
who is designated by title of office or position, pursuant to the 140
resolution of the legislative authority of the municipal 141
corporation, to give the authorization. 142

       Chapter 2744. of the Revised Code, insofar as it applies to 143
the operation of police departments, shall apply to any municipal 144
corporation and to members of its police department when the 145
members are rendering police services pursuant to this section 146
outside the municipal corporation by which they are employed. 147

       Police department members acting, as provided in this 148
section, outside the municipal corporation by which they are 149
employed shall be entitled to participate in any pension or 150
indemnity fund established by their employer to the same extent as 151
while acting within the municipal corporation by which they are 152
employed. Those members shall be entitled to all the rights and 153
benefits of Chapter 4123. of the Revised Code to the same extent 154
as while performing services within the municipal corporation by 155
which they are employed. 156

       Sec. 3314.091. (A) A school district is not required to 157
provide transportation for any native student enrolled in a 158
community school if the district board of education has entered 159
into an agreement with the community school's governing authority 160
that designates the community school as responsible for providing 161
or arranging for the transportation of the district's native 162
students to and from the community school. For any such agreement 163
to be effective, it must be certified by the superintendent of 164
public instruction as having met all of the following 165
requirements: 166

       (1) It is submitted to the department of education by a 167
deadline which shall be established by the department. 168

       (2) ItIn accordance with divisions (C)(1) and (2) of this 169
section, it specifies qualifications, such as residing a minimum 170
distance from the school, for students to have their 171
transportation provided or arranged. 172

       (3) The transportation provided by the community school is 173
subject to all provisions of the Revised Code and all rules 174
adopted under the Revised Code pertaining to pupil transportation. 175

        (4) The sponsor of the community school also has signed the 176
agreement. 177

       (B) A school district is not required to provide 178
transportation for any native student enrolled in a community 179
school if the governing authority of the community school, by a 180
date prescribed by the department, submits written notification to 181
the district board of education stating that the governing 182
authority is accepting responsibility for providing or arranging 183
for the transportation of the district's native students to and 184
from the community school. A governing authority's acceptance of 185
responsibility under this division shall cover an entire school 186
year, and shall remain in effect for subsequent school years 187
unless the governing authority submits written notification to the 188
district board that the governing authority is relinquishing the 189
responsibility. However, a governing authority shall not 190
relinquish responsibility for transportation before the end of a 191
school year, and shall submit the notice relinquishing 192
responsibility by a date prescribed by the department to allow the 193
school district reasonable time to prepare transportation for its 194
native students enrolled in the school. 195

        (C)(1) A community school governing authority that enters 196
into an agreement ~~to provide transportation~~ under division (A) of 197
this section, or that accepts responsibility under division (B) of 198
this section, shall provide or arrange transportation free of any 199
charge for each of its enrolled students ~~eligible for~~ 200
~~transportation as specified in~~who is required to be transported 201
under section 3327.01 of the Revised Code or who would otherwise 202
be transported by the school district under the district's 203
transportation policy. The governing authority shall provide or 204
arrange transportation in a manner that is comparable to the 205
transportation that the district provides or arranges for its 206
native students of the same grade level and distance from school 207
who are enrolled in the district's schools. 208

       (2) The governing authority may provide or arrange 209
transportation for any other enrolled student who is not eligible 210
for transportation in accordance with division (C)(1) of this 211
section and may charge a fee for such service up to the actual 212
cost of the service. 213

       ~~(2)~~(3) Notwithstanding anything to the contrary in division 214
~~(B)~~(C)(1) or (2) of this section, a community school governing 215
authority shall provide or arrange transportation free of any 216
charge for any disabled student enrolled in the school for whom 217
the student's individualized education program developed under 218
Chapter 3323. of the Revised Code specifies transportation. 219

       ~~(C)~~(D)(1) If a school district board and a community school 220
governing authority elect to enter into an agreement under 221
division (A) of this section, the department of education ~~annually~~ 222
shall ~~pay~~make payments to the community school ~~the amount~~ 223
~~specified in division (C)(2) of this section for each of the~~ 224
~~enrolled students for whom the school's governing authority~~ 225
~~provides or arranges transportation to and from school. The~~ 226
according to the terms of the agreement for each student actually 227
transported under division (C)(1) of this section. If a community 228
school governing authority accepts transportation responsibility 229
under division (B) of this section, the department shall make 230
payments to the community school for each student actually 231
transported under division (C)(1) of this section, calculated in 232
accordance with division (D) of section 3317.022 of the Revised 233
Code and any rules of the state board of education implementing 234
that division, and that otherwise would be paid to the school 235
district in which the student is entitled to attend school under 236
section 3313.64 or 3313.65 of the Revised Code. 237

        (2) The department shall deduct the payment under division 238
(D)(1) of this section from the state payment under Chapter 3317. 239
and, if necessary, sections 321.14 and 323.156 of the Revised Code 240
that is otherwise paid to the school district in which the student 241
enrolled in the community school resides. The department shall 242
include the number of the district's native students for whom 243
payment is made to a community school under ~~this~~ division (D)(1) 244
of this section in the calculation of the district's 245
transportation payment under division (D) of section 3317.022 of 246
the Revised Code. 247

       (3) A community school shall be paid under ~~this~~ division 248
(D)(1) of this section only for students who are eligible as 249
specified in section 3327.01 of the Revised Code ~~or who are~~ 250
~~disabled and whose individualized education program requires~~ 251
~~transportation~~and division (C)(1) of this section, and whose 252
transportation to and from school is actually provided or, who 253
actually utilized transportation arranged, or for whom a payment 254
in lieu of transportation is made by the community school's 255
governing authority. To qualify for the payments, the community 256
school shall report to the department, in the form and manner 257
required by the department, data on the number of students 258
transported or whose transportation is arranged, the number of 259
miles traveled, cost to transport, and any other information 260
requested by the department. 261

       (4) A community school shall use payments received under this 262
~~division~~section solely to pay the costs of providing or arranging 263
for the transportation of students who are eligible as specified 264
in section 3327.01 of the Revised Code ~~or who are disabled and~~ 265
~~whose individualized education program requires transportation~~and 266
division (C)(1) of this section, which may include payments to a 267
parent, guardian, or other person in charge of a child in lieu of 268
transportation. 269

       ~~(2) The payment to a community school governing authority~~ 270
~~under this section for eligible students shall be made according~~ 271
~~to the terms of the agreement entered into under this section.~~ 272

       ~~(D)~~(E) Except when arranged through payment to a parent, 273
guardian, or person in charge of a child, transportation provided 274
or arranged for by a community school pursuant to an agreement 275
under this section is subject to all provisions of the Revised 276
Code, and all rules adopted under the Revised Code, pertaining to 277
the construction, design, equipment, and operation of school buses 278
and other vehicles transporting students to and from school. The 279
drivers and mechanics of the vehicles are subject to all 280
provisions of the Revised Code, and all rules adopted under the 281
Revised Code, pertaining to drivers and mechanics of such 282
vehicles. The community school also shall comply with sections 283
3313.201, 3327.09, and 3327.10 ~~and~~of the Revised Code, division 284
(B) of section 3327.16 of the Revised Code and, subject to 285
division (C)(1) of this section, sections 3327.01 and 3327.02 of 286
the Revised Code, as if it were a school district. ~~For purposes of~~ 287
~~complying with section 3327.10 of the Revised Code, the~~ 288
~~educational service center that serves the county in which the~~ 289
~~community school is located shall be the certifying agency, unless~~ 290
~~the agreement designates the school district as the certifying~~ 291
~~agency.~~ 292

       Sec. 3327.10. (A) No person shall be employed as driver of a 293
school bus or motor van, owned and operated by any school district 294
or educational service center or privately owned and operated 295
under contract with any school district or service center in this 296
state, who has not received a certificate from the educational 297
service center governing board in case such person is employed by 298
a service center or by a local school district under the 299
supervision of the service center governing board, or by the 300
superintendent of schools, in case such person is employed by the 301
board of a city or exempted village school district, certifying 302
that such person is at least eighteen years of age and is of good 303
moral character and is qualified physically and otherwise for such 304
position. The service center governing board or the 305
superintendent, as the case may be, shall provide for an annual 306
physical examination that conforms with rules adopted by the state 307
board of education of each driver to ascertain the driver's 308
physical fitness for such employment. Any certificate may be 309
revoked by the authority granting the same on proof that the 310
holder has been guilty of failing to comply with division (D)(1) 311
of this section, or upon a conviction or a guilty plea for a 312
violation, or any other action, that results in a loss or 313
suspension of driving rights. Failure to comply with such division 314
may be cause for disciplinary action or termination of employment 315
under division (C) of section 3319.081, or section 124.34 of the 316
Revised Code. 317

       (B) No person shall be employed as driver of a school bus or 318
motor van not subject to the rules of the department of education 319
pursuant to division (A) of this section who has not received a 320
certificate from the school administrator or contractor certifying 321
that such person is at least eighteen years of age, is of good 322
moral character, and is qualified physically and otherwise for 323
such position. Each driver shall have an annual physical 324
examination which conforms to the state highway patrol rules, 325
ascertaining the driver's physical fitness for such employment. 326
The examination shall be performed by one of the following: 327

       (1) A person licensed under Chapter 4731. of the Revised Code 328
or by another state to practice medicine and surgery or 329
osteopathic medicine and surgery; 330

       (2) A physician assistant; 331

       (3) A certified nurse practitioner; 332

       (4) A clinical nurse specialist; 333

       (5) A certified nurse-midwife. 334

       Any written documentation of the physical examination shall 335
be completed by the individual who performed the examination. 336

       Any certificate may be revoked by the authority granting the 337
same on proof that the holder has been guilty of failing to comply 338
with division (D)(2) of this section. 339

       (C) Any person who drives a school bus or motor van must give 340
satisfactory and sufficient bond except a driver who is an 341
employee of a school district and who drives a bus or motor van 342
owned by the school district. 343

       (D) No person employed as driver of a school bus or motor van 344
under this section who is convicted of a traffic violation or who 345
has had the person's commercial driver's license suspended shall 346
drive a school bus or motor van until the person has filed a 347
written notice of the conviction or suspension, as follows: 348

       (1) If the person is employed under division (A) of this 349
section, the person shall file the notice with the superintendent, 350
or a person designated by the superintendent, of the school 351
district for which the person drives a school bus or motor van as 352
an employee or drives a privately owned and operated school bus or 353
motor van under contract. 354

       (2) If employed under division (B) of this section, the 355
person shall file the notice with the employing school 356
administrator or contractor, or a person designated by the 357
administrator or contractor. 358

       (E) In addition to resulting in possible revocation of a 359
certificate as authorized by divisions (A) and (B) of this 360
section, violation of division (D) of this section is a minor 361
misdemeanor. 362

       (F)(1) Not later than thirty days after the effective date of 363
this amendment, each owner of a school bus or motor van shall 364
obtain from the bureau of motor vehicles the driving record for at 365
least the prior seven-year period of each person who is employed 366
or otherwise authorized to drive the school bus or motor van. An 367
owner of a school bus or motor van shall not permit a person to 368
operate the school bus or motor van for the first time before the 369
owner has obtained from the bureau the person's driving record for 370
at least the prior seven-year period. Each year after obtaining a 371
person's seven-year driving record, the owner of a school bus or 372
motor van shall obtain from the bureau the person's driving record 373
for at least the prior year if the person remains employed or 374
otherwise authorized to drive the school bus or motor van. An 375
owner of a school bus or motor van shall not permit a person to 376
resume operating a school bus or motor van, after an interruption 377
of one year or longer, before the owner has obtained from the 378
bureau the person's driving record for at least the period since 379
the owner last obtained the person's driving record or, if the 380
owner had never obtained a seven-year driving record for the 381
person, for at least the prior seven-year period. 382

       (2) The owner of a school bus or motor van shall not permit a 383
person to operate the school bus or motor van for seven years 384
after the date of a violation for which six points are assessed 385
under section 4510.036 of the Revised Code. 386

       (3) Divisions (F)(1) and (2) of this section supersede only 387
the requirements of paragraphs (B)(3) and (F)(2) of rule 388
3301-83-06 of the Administrative Code, as that rule exists on the 389
effective date of this amendment, that school bus drivers have no 390
six-point convictions during the prior twenty-four months. All 391
other rules adopted by the state board of education prescribing 392
qualifications of drivers of school buses and other student 393
transportation, including the requirement of those paragraphs that 394
drivers not have been assessed eight points within the previous 395
twenty-four months, remain in effect until amended or rescinded by 396
the state board. 397

       (G) A person, school district, educational service center, 398
community school, nonpublic school, or other public or nonpublic 399
entity that owns a school bus or motor van, or that contracts with 400
another entity to operate a school bus or motor van, may impose 401
more stringent restrictions on drivers than those prescribed in 402
this section, in any other section of the Revised Code, and in 403
rules adopted by the state board. 404

       Sec. 3705.242. (A)(1) The director of health, a person 405
authorized by the director, a local commissioner of health, or a 406
local registrar of vital statistics shall charge and collect a fee 407
of one dollar and fifty cents for each certified copy of a birth 408
record, each certification of birth, and each copy of a death 409
record. The fee is in addition to the fee imposed by section 410
3705.24 or any other section of the Revised Code. A local 411
commissioner of health or local registrar of vital statistics may 412
retain an amount of each additional fee collected, not to exceed 413
three per cent of the amount of the additional fee, to be used for 414
costs directly related to the collection of the fee and the 415
forwarding of the fee to the treasurer of state. The additional 416
fees collected, but not retained, under division (A)(1) of this 417
section shall be forwarded to the treasurer of state not later 418
than thirty days following the end of each quarter. 419

       (2) On the filing of a divorce decree under section 3105.10 420
or a decree of dissolution under section 3105.65 of the Revised 421
Code, a court of common pleas shall charge and collect a fee of 422
five dollars and fifty cents. The fee is in addition to any other 423
court costs or fees. The county clerk of courts may retain an 424
amount of each additional fee collected, not to exceed three per 425
cent of the amount of the additional fee, to be used for costs 426
directly related to the collection of the fee and the forwarding 427
of the fee to the treasurer of state. The additional fees 428
collected, but not retained, under division (A)(2) of this section 429
shall be forwarded to the treasurer of state not later than twenty 430
days following the end of each month. 431

       (B) The treasurer of state shall deposit the fees forwarded 432
under this section in the state treasury to the credit of the 433
family violence prevention fund, which is hereby created. A person 434
or government entity that fails to forward the fees in a timely 435
manner, as determined by the treasurer of state, shall forward to 436
the treasurer of state, in addition to the fees, a penalty equal 437
to ten per cent of the fees. 438

       The treasurer of state shall invest the moneys in the fund. 439
All earnings resulting from investment of the fund shall be 440
credited to the fund, except that actual administration costs 441
incurred by the treasurer of state in administering the fund may 442
be deducted from the earnings resulting from investments. The 443
amount that may be deducted shall not exceed three per cent of the 444
total amount of fees credited to the fund in each fiscal year. The 445
balance of the investment earnings shall be credited to the fund. 446

       (C) The director of public safety shall use money credited to 447
the fund to provide grants to family violence shelters in Ohio and 448
to operate the division of criminal justice services. 449

       Sec. 4503.10. (A) The owner of every snowmobile, off-highway 450
motorcycle, and all-purpose vehicle required to be registered 451
under section 4519.02 of the Revised Code shall file an 452
application for registration under section 4519.03 of the Revised 453
Code. The owner of a motor vehicle, other than a snowmobile, 454
off-highway motorcycle, or all-purpose vehicle, that is not 455
designed and constructed by the manufacturer for operation on a 456
street or highway may not register it under this chapter except 457
upon certification of inspection pursuant to section 4513.02 of 458
the Revised Code by the sheriff, or the chief of police of the 459
municipal corporation or township, with jurisdiction over the 460
political subdivision in which the owner of the motor vehicle 461
resides. Except as provided in section 4503.103 of the Revised 462
Code, every owner of every other motor vehicle not previously 463
described in this section and every person mentioned as owner in 464
the last certificate of title of a motor vehicle that is operated 465
or driven upon the public roads or highways shall cause to be 466
filed each year, by mail or otherwise, in the office of the 467
registrar of motor vehicles or a deputy registrar, a written or 468
electronic application or a preprinted registration renewal notice 469
issued under section 4503.102 of the Revised Code, the form of 470
which shall be prescribed by the registrar, for registration for 471
the following registration year, which shall begin on the first 472
day of January of every calendar year and end on the thirty-first 473
day of December in the same year. Applications for registration 474
and registration renewal notices shall be filed at the times 475
established by the registrar pursuant to section 4503.101 of the 476
Revised Code. A motor vehicle owner also may elect to apply for or 477
renew a motor vehicle registration by electronic means using 478
electronic signature in accordance with rules adopted by the 479
registrar. Except as provided in division (J) of this section, 480
applications for registration shall be made on blanks furnished by 481
the registrar for that purpose, containing the following 482
information: 483

       (1) A brief description of the motor vehicle to be 484
registered, including the year, make, model, and vehicle 485
identification number, and, in the case of commercial cars, the 486
gross weight of the vehicle fully equipped computed in the manner 487
prescribed in section 4503.08 of the Revised Code; 488

       (2) The name and residence address of the owner, and the 489
township and municipal corporation in which the owner resides; 490

       (3) The district of registration, which shall be determined 491
as follows: 492

       (a) In case the motor vehicle to be registered is used for 493
hire or principally in connection with any established business or 494
branch business, conducted at a particular place, the district of 495
registration is the municipal corporation in which that place is 496
located or, if not located in any municipal corporation, the 497
county and township in which that place is located. 498

       (b) In case the vehicle is not so used, the district of 499
registration is the municipal corporation or county in which the 500
owner resides at the time of making the application. 501

       (4) Whether the motor vehicle is a new or used motor vehicle; 502

       (5) The date of purchase of the motor vehicle; 503

       (6) Whether the fees required to be paid for the registration 504
or transfer of the motor vehicle, during the preceding 505
registration year and during the preceding period of the current 506
registration year, have been paid. Each application for 507
registration shall be signed by the owner, either manually or by 508
electronic signature, or pursuant to obtaining a limited power of 509
attorney authorized by the registrar for registration, or other 510
document authorizing such signature. If the owner elects to apply 511
for or renew the motor vehicle registration with the registrar by 512
electronic means, the owner's manual signature is not required. 513

       (7) The owner's social security number, ~~if assigned~~driver's 514
license number, or state identification number, or, where a motor 515
vehicle to be registered is used for hire or principally in 516
connection with any established business, the owner's federal 517
taxpayer identification number. The bureau of motor vehicles shall 518
retain in its records all social security numbers provided under 519
this section, but the bureau shall not place social security 520
numbers on motor vehicle certificates of registration. 521

       (B) Except as otherwise provided in this division, each time 522
an applicant first registers a motor vehicle in the applicant's 523
name, the applicant shall present for inspection a physical 524
certificate of title or memorandum certificate showing title to 525
the motor vehicle to be registered in the name of the applicant if 526
a physical certificate of title or memorandum certificate has been 527
issued by a clerk of a court of common pleas. If, under sections 528
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk 529
instead has issued an electronic certificate of title for the 530
applicant's motor vehicle, that certificate may be presented for 531
inspection at the time of first registration in a manner 532
prescribed by rules adopted by the registrar. An applicant is not 533
required to present a certificate of title to an electronic motor 534
vehicle dealer acting as a limited authority deputy registrar in 535
accordance with rules adopted by the registrar. When a motor 536
vehicle inspection and maintenance program is in effect under 537
section 3704.14 of the Revised Code and rules adopted under it, 538
each application for registration for a vehicle required to be 539
inspected under that section and those rules shall be accompanied 540
by an inspection certificate for the motor vehicle issued in 541
accordance with that section. The application shall be refused if 542
any of the following applies: 543

       (1) The application is not in proper form. 544

       (2) The application is prohibited from being accepted by 545
division (D) of section 2935.27, division (A) of section 2937.221, 546
division (A) of section 4503.13, division (B) of section 4510.22, 547
or division (B)(1) of section 4521.10 of the Revised Code. 548

       (3) A certificate of title or memorandum certificate of title 549
is required but does not accompany the application or, in the case 550
of an electronic certificate of title, is required but is not 551
presented in a manner prescribed by the registrar's rules. 552

       (4) All registration and transfer fees for the motor vehicle, 553
for the preceding year or the preceding period of the current 554
registration year, have not been paid. 555

       (5) The owner or lessee does not have an inspection 556
certificate for the motor vehicle as provided in section 3704.14 557
of the Revised Code, and rules adopted under it, if that section 558
is applicable. 559

       This section does not require the payment of license or 560
registration taxes on a motor vehicle for any preceding year, or 561
for any preceding period of a year, if the motor vehicle was not 562
taxable for that preceding year or period under sections 4503.02, 563
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the 564
Revised Code. When a certificate of registration is issued upon 565
the first registration of a motor vehicle by or on behalf of the 566
owner, the official issuing the certificate shall indicate the 567
issuance with a stamp on the certificate of title or memorandum 568
certificate or, in the case of an electronic certificate of title, 569
an electronic stamp or other notation as specified in rules 570
adopted by the registrar, and with a stamp on the inspection 571
certificate for the motor vehicle, if any. The official also shall 572
indicate, by a stamp or by other means the registrar prescribes, 573
on the registration certificate issued upon the first registration 574
of a motor vehicle by or on behalf of the owner the odometer 575
reading of the motor vehicle as shown in the odometer statement 576
included in or attached to the certificate of title. Upon each 577
subsequent registration of the motor vehicle by or on behalf of 578
the same owner, the official also shall so indicate the odometer 579
reading of the motor vehicle as shown on the immediately preceding 580
certificate of registration. 581

       The registrar shall include in the permanent registration 582
record of any vehicle required to be inspected under section 583
3704.14 of the Revised Code the inspection certificate number from 584
the inspection certificate that is presented at the time of 585
registration of the vehicle as required under this division. 586

       (C)(1) Commencing with each registration renewal with an 587
expiration date on or after October 1, 2003, and for each initial 588
application for registration received on and after that date, the 589
registrar and each deputy registrar shall collect an additional 590
fee of eleven dollars for each application for registration and 591
registration renewal received. The additional fee is for the 592
purpose of defraying the department of public safety's costs 593
associated with the administration and enforcement of the motor 594
vehicle and traffic laws of Ohio. Each deputy registrar shall 595
transmit the fees collected under division (C)(1) of this section 596
in the time and manner provided in this section. The registrar 597
shall deposit all moneys received under division (C)(1) of this 598
section into the state highway safety fund established in section 599
4501.06 of the Revised Code. 600

       (2) In addition, a charge of twenty-five cents shall be made 601
for each reflectorized safety license plate issued, and a single 602
charge of twenty-five cents shall be made for each county 603
identification sticker or each set of county identification 604
stickers issued, as the case may be, to cover the cost of 605
producing the license plates and stickers, including material, 606
manufacturing, and administrative costs. Those fees shall be in 607
addition to the license tax. If the total cost of producing the 608
plates is less than twenty-five cents per plate, or if the total 609
cost of producing the stickers is less than twenty-five cents per 610
sticker or per set issued, any excess moneys accruing from the 611
fees shall be distributed in the same manner as provided by 612
section 4501.04 of the Revised Code for the distribution of 613
license tax moneys. If the total cost of producing the plates 614
exceeds twenty-five cents per plate, or if the total cost of 615
producing the stickers exceeds twenty-five cents per sticker or 616
per set issued, the difference shall be paid from the license tax 617
moneys collected pursuant to section 4503.02 of the Revised Code. 618

       (D) Each deputy registrar shall be allowed a fee of two 619
dollars and seventy-five cents commencing on July 1, 2001, three 620
dollars and twenty-five cents commencing on January 1, 2003, and 621
three dollars and fifty cents commencing on January 1, 2004, for 622
each application for registration and registration renewal notice 623
the deputy registrar receives, which shall be for the purpose of 624
compensating the deputy registrar for the deputy registrar's 625
services, and such office and rental expenses, as may be necessary 626
for the proper discharge of the deputy registrar's duties in the 627
receiving of applications and renewal notices and the issuing of 628
registrations. 629

       (E) Upon the certification of the registrar, the county 630
sheriff or local police officials shall recover license plates 631
erroneously or fraudulently issued. 632

       (F) Each deputy registrar, upon receipt of any application 633
for registration or registration renewal notice, together with the 634
license fee and any local motor vehicle license tax levied 635
pursuant to Chapter 4504. of the Revised Code, shall transmit that 636
fee and tax, if any, in the manner provided in this section, 637
together with the original and duplicate copy of the application, 638
to the registrar. The registrar, subject to the approval of the 639
director of public safety, may deposit the funds collected by 640
those deputies in a local bank or depository to the credit of the 641
"state of Ohio, bureau of motor vehicles." Where a local bank or 642
depository has been designated by the registrar, each deputy 643
registrar shall deposit all moneys collected by the deputy 644
registrar into that bank or depository not more than one business 645
day after their collection and shall make reports to the registrar 646
of the amounts so deposited, together with any other information, 647
some of which may be prescribed by the treasurer of state, as the 648
registrar may require and as prescribed by the registrar by rule. 649
The registrar, within three days after receipt of notification of 650
the deposit of funds by a deputy registrar in a local bank or 651
depository, shall draw on that account in favor of the treasurer 652
of state. The registrar, subject to the approval of the director 653
and the treasurer of state, may make reasonable rules necessary 654
for the prompt transmittal of fees and for safeguarding the 655
interests of the state and of counties, townships, municipal 656
corporations, and transportation improvement districts levying 657
local motor vehicle license taxes. The registrar may pay service 658
charges usually collected by banks and depositories for such 659
service. If deputy registrars are located in communities where 660
banking facilities are not available, they shall transmit the fees 661
forthwith, by money order or otherwise, as the registrar, by rule 662
approved by the director and the treasurer of state, may 663
prescribe. The registrar may pay the usual and customary fees for 664
such service. 665

       (G) This section does not prevent any person from making an 666
application for a motor vehicle license directly to the registrar 667
by mail, by electronic means, or in person at any of the 668
registrar's offices, upon payment of a service fee of two dollars 669
and seventy-five cents commencing on July 1, 2001, three dollars 670
and twenty-five cents commencing on January 1, 2003, and three 671
dollars and fifty cents commencing on January 1, 2004, for each 672
application. 673

       (H) No person shall make a false statement as to the district 674
of registration in an application required by division (A) of this 675
section. Violation of this division is falsification under section 676
2921.13 of the Revised Code and punishable as specified in that 677
section. 678

       (I)(1) Where applicable, the requirements of division (B) of 679
this section relating to the presentation of an inspection 680
certificate issued under section 3704.14 of the Revised Code and 681
rules adopted under it for a motor vehicle, the refusal of a 682
license for failure to present an inspection certificate, and the 683
stamping of the inspection certificate by the official issuing the 684
certificate of registration apply to the registration of and 685
issuance of license plates for a motor vehicle under sections 686
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 687
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 688
4503.47, and 4503.51 of the Revised Code. 689

       (2)(a) The registrar shall adopt rules ensuring that each 690
owner registering a motor vehicle in a county where a motor 691
vehicle inspection and maintenance program is in effect under 692
section 3704.14 of the Revised Code and rules adopted under it 693
receives information about the requirements established in that 694
section and those rules and about the need in those counties to 695
present an inspection certificate with an application for 696
registration or preregistration. 697

       (b) Upon request, the registrar shall provide the director of 698
environmental protection, or any person that has been awarded a 699
contract under division (D) of section 3704.14 of the Revised 700
Code, an on-line computer data link to registration information 701
for all passenger cars, noncommercial motor vehicles, and 702
commercial cars that are subject to that section. The registrar 703
also shall provide to the director of environmental protection a 704
magnetic data tape containing registration information regarding 705
passenger cars, noncommercial motor vehicles, and commercial cars 706
for which a multi-year registration is in effect under section 707
4503.103 of the Revised Code or rules adopted under it, including, 708
without limitation, the date of issuance of the multi-year 709
registration, the registration deadline established under rules 710
adopted under section 4503.101 of the Revised Code that was 711
applicable in the year in which the multi-year registration was 712
issued, and the registration deadline for renewal of the 713
multi-year registration. 714

       (J) Application for registration under the international 715
registration plan, as set forth in sections 4503.60 to 4503.66 of 716
the Revised Code, shall be made to the registrar on forms 717
furnished by the registrar. In accordance with international 718
registration plan guidelines and pursuant to rules adopted by the 719
registrar, the forms shall include the following: 720

       (1) A uniform mileage schedule; 721

       (2) The gross vehicle weight of the vehicle or combined gross 722
vehicle weight of the combination vehicle as declared by the 723
registrant; 724

       (3) Any other information the registrar requires by rule. 725

       Sec. 4503.44. (A) As used in this section and in section 726
4511.69 of the Revised Code: 727

       (1) "Person with a disability that limits or impairs the 728
ability to walk" means any person who, as determined by a 729
physician or chiropractor, meets any of the following criteria: 730

       (a) Cannot walk two hundred feet without stopping to rest; 731

       (b) Cannot walk without the use of, or assistance from, a 732
brace, cane, crutch, another person, prosthetic device, 733
wheelchair, or other assistive device; 734

       (c) Is restricted by a lung disease to such an extent that 735
the person's forced (respiratory) expiratory volume for one 736
second, when measured by spirometry, is less than one liter, or 737
the arterial oxygen tension is less than sixty millimeters of 738
mercury on room air at rest; 739

       (d) Uses portable oxygen; 740

       (e) Has a cardiac condition to the extent that the person's 741
functional limitations are classified in severity as class III or 742
class IV according to standards set by the American heart 743
association; 744

       (f) Is severely limited in the ability to walk due to an 745
arthritic, neurological, or orthopedic condition; 746

       (g) Is blind. 747

       (2) "Organization" means any private organization or 748
corporation, or any governmental board, agency, department, 749
division, or office, that, as part of its business or program, 750
transports persons with disabilities that limit or impair the 751
ability to walk on a regular basis in a motor vehicle that has not 752
been altered for the purpose of providing it with special 753
equipment for use by handicapped persons. This definition does not 754
apply to division (J) of this section. 755

       (3) "Physician" means a person licensed to practice medicine 756
or surgery or osteopathic medicine and surgery under Chapter 4731. 757
of the Revised Code. 758

       (4) "Chiropractor" means a person licensed to practice 759
chiropractic under Chapter 4734. of the Revised Code. 760

       (B) Any organization or person with a disability that limits 761
or impairs the ability to walk may apply to the registrar of motor 762
vehicles for a removable windshield placard or, if the person owns 763
or leases a motor vehicle, the person may apply for the 764
registration of any motor vehicle the person owns or leases. In 765
addition to one or more sets of license plates or one placard, a 766
person with a disability that limits or impairs the ability to 767
walk is entitled to one additional placard, but only if the person 768
applies separately for the additional placard, states the reasons 769
why the additional placard is needed, and the registrar, in the 770
registrar's discretion, determines that good and justifiable cause 771
exists to approve the request for the additional placard. When a 772
motor vehicle has been altered for the purpose of providing it 773
with special equipment for a person with a disability that limits 774
or impairs the ability to walk, but is owned or leased by someone 775
other than such a person, the owner or lessee may apply to the 776
registrar or a deputy registrar for registration under this 777
section. The application for registration of a motor vehicle owned 778
or leased by a person with a disability that limits or impairs the 779
ability to walk shall be accompanied by a signed statement from 780
the applicant's personal physician or chiropractor certifying that 781
the applicant meets at least one of the criteria contained in 782
division (A)(1) of this section and that the disability is 783
expected to continue for more than six consecutive months. The 784
application for a removable windshield placard made by a person 785
with a disability that limits or impairs the ability to walk shall 786
be accompanied by a prescription from the applicant's personal 787
physician or chiropractor prescribing such a placard for the 788
applicant, provided that the applicant meets at least one of the 789
criteria contained in division (A)(1) of this section. The 790
physician or chiropractor shall state on the prescription the 791
length of time the physician or chiropractor expects the applicant 792
to have the disability that limits or impairs the applicant's 793
ability to walk. The application for a removable windshield 794
placard made by an organization shall be accompanied by such 795
documentary evidence of regular transport of persons with 796
disabilities that limit or impair the ability to walk by the 797
organization as the registrar may require by rule and shall be 798
completed in accordance with procedures that the registrar may 799
require by rule. The application for registration of a motor 800
vehicle that has been altered for the purpose of providing it with 801
special equipment for a person with a disability that limits or 802
impairs the ability to walk but is owned by someone other than 803
such a person shall be accompanied by such documentary evidence of 804
vehicle alterations as the registrar may require by rule. 805

       (C) When an organization, a person with a disability that 806
limits or impairs the ability to walk, or a person who does not 807
have a disability that limits or impairs the ability to walk but 808
owns a motor vehicle that has been altered for the purpose of 809
providing it with special equipment for a person with a disability 810
that limits or impairs the ability to walk first submits an 811
application for registration of a motor vehicle under this section 812
and every fifth year thereafter, the organization or person shall 813
submit a signed statement from the applicant's personal physician 814
or chiropractor, a completed application, and any required 815
documentary evidence of vehicle alterations as provided in 816
division (B) of this section, and also a power of attorney from 817
the owner of the motor vehicle if the applicant leases the 818
vehicle. Upon submission of these items, the registrar or deputy 819
registrar shall issue to the applicant appropriate vehicle 820
registration and a set of license plates and validation stickers, 821
or validation stickers alone when required by section 4503.191 of 822
the Revised Code. In addition to the letters and numbers 823
ordinarily inscribed thereon, the license plates shall be 824
imprinted with the international symbol of access. The license 825
plates and validation stickers shall be issued upon payment of the 826
regular license fee as prescribed under section 4503.04 of the 827
Revised Code and any motor vehicle tax levied under Chapter 4504. 828
of the Revised Code, and the payment of a service fee equal to the 829
amount specified in division (D) or (G) of section 4503.10 of the 830
Revised Code. 831

       (D)(1) Upon receipt of a completed and signed application for 832
a removable windshield placard, a prescription as described in 833
division (B) of this section, documentary evidence of regular 834
transport of persons with disabilities that limit or impair the 835
ability to walk, if required, and payment of a service fee equal 836
to the amount specified in division (D) or (G) of section 4503.10 837
of the Revised Code, the registrar or deputy registrar shall issue 838
to the applicant a removable windshield placard, which shall bear 839
the date of expiration on both sides of the placard and shall be 840
valid until expired, revoked, or surrendered. Any removable 841
windshield placard that is issued to a person with a disability 842
that limits or impairs the ability to walk or to a person who owns 843
a motor vehicle that has been altered for the purpose of providing 844
it with special equipment for a person with a disability that 845
limits or impairs the ability to walk shall bear the name of the 846
person with the disability. Every removable windshield placard 847
expires as described in division (D)(2) of this section, but in no 848
case shall a removable windshield placard be valid for a period of 849
less than sixty days. Removable windshield placards shall be 850
renewable upon application as provided in division (B) of this 851
section, and a service fee equal to the amount specified in 852
division (D) or (G) of section 4503.10 of the Revised Code shall 853
be charged for the renewal of a removable windshield placard. The 854
registrar shall provide the application form and shall determine 855
the information to be included thereon. The registrar also shall 856
determine the form and size of the removable windshield placard, 857
the material of which it is to be made, and any other information 858
to be included thereon, and shall adopt rules relating to the 859
issuance, expiration, revocation, surrender, and proper display of 860
such placards. Any placard issued after October 14, 1999, shall 861
be manufactured in a manner that allows the expiration date of the 862
placard to be indicated on it through the punching, drilling, 863
boring, or creation by any other means of holes in the placard. 864

       (2) At the time a removable windshield placard is issued to a 865
person with a disability that limits or impairs the ability to 866
walk, the registrar or deputy registrar shall enter into the 867
records of the bureau of motor vehicles the last date on which the 868
person will have that disability, as indicated on the accompanying 869
prescription. Not less than thirty days prior to that date and all 870
removable windshield placard renewal dates, the bureau shall send 871
a renewal notice to that person at the person's last known address 872
as shown in the records of the bureau, informing the person that 873
the person's removable windshield placard will expire on the 874
indicated date not to exceed five years from the date of issuance, 875
and that the person is required to renew the placard by submitting 876
to the registrar or a deputy registrar another prescription, as 877
described in division (B) of this section, and by complying with 878
the renewal provisions prescribed in division (D)(1) of this 879
section. If such a prescription is not received by the registrar 880
or a deputy registrar by that date, the placard issued to that 881
person expires and no longer is valid, and this fact shall be 882
recorded in the records of the bureau. 883

       (3) At least once every year, on a date determined by the 884
registrar, the bureau shall examine the records of the office of 885
vital statistics, located within the department of health, that 886
pertain to deceased persons, and also the bureau's records of all 887
persons who have been issued removable windshield placards and 888
temporary removable windshield placards. If the records of the 889
office of vital statistics indicate that a person to whom a 890
removable windshield placard or temporary removable windshield 891
placard has been issued is deceased, the bureau shall cancel that 892
placard, and note the cancellation in its records. 893

       The office of vital statistics shall make available to the 894
bureau all information necessary to enable the bureau to comply 895
with division (D)(3) of this section. 896

       (4) Nothing in this section shall be construed to require a 897
person or organization to apply for a removable windshield placard 898
or special license plates if the parking card or special license 899
plates issued to the person or organization under prior law have 900
not expired or been surrendered or revoked. 901

       (E)(1)(a) Any person with a disability that limits or impairs 902
the ability to walk may apply to the registrar or a deputy 903
registrar for a temporary removable windshield placard. The 904
application for a temporary removable windshield placard shall be 905
accompanied by a prescription from the applicant's personal 906
physician or chiropractor prescribing such a placard for the 907
applicant, provided that the applicant meets at least one of the 908
criteria contained in division (A)(1) of this section and that the 909
disability is expected to continue for six consecutive months or 910
less. The physician or chiropractor shall state on the 911
prescription the length of time the physician or chiropractor 912
expects the applicant to have the disability that limits or 913
impairs the applicant's ability to walk, which cannot exceed six 914
months from the date of the prescription. Upon receipt of an 915
application for a temporary removable windshield placard, 916
presentation of the prescription from the applicant's personal 917
physician or chiropractor, and payment of a service fee equal to 918
the amount specified in division (D) or (G) of section 4503.10 of 919
the Revised Code, the registrar or deputy registrar shall issue to 920
the applicant a temporary removable windshield placard. 921

       (b) Any active-duty member of the armed forces of the United 922
States, including the reserve components of the armed forces and 923
the national guard, who has an illness or injury that limits or 924
impairs the ability to walk may apply to the registrar or a deputy 925
registrar for a temporary removable windshield placard. With the 926
application, the person shall present evidence of the person's 927
active-duty status and the illness or injury. Evidence of the 928
illness or injury may include a current department of defense 929
convalescent leave statement, any department of defense document 930
indicating that the person currently has an ill or injured 931
casualty status or has limited duties, or a prescription from any 932
physician or chiropractor prescribing the placard for the 933
applicant. Upon receipt of the application and the necessary 934
evidence, the registrar or deputy registrar shall issue the 935
applicant the temporary removable windshield placard without the 936
payment of any service fee. 937

       (2) The temporary removable windshield placard shall be of 938
the same size and form as the removable windshield placard, shall 939
be printed in white on a red-colored background, and shall bear 940
the word "temporary" in letters of such size as the registrar 941
shall prescribe. A temporary removable windshield placard also 942
shall bear the date of expiration on the front and back of the 943
placard, and shall be valid until expired, surrendered, or 944
revoked, but in no case shall such a placard be valid for a period 945
of less than sixty days. Any temporary removable windshield 946
placard that is issued to a person with a disability that limits 947
or impairs the ability to walk shall bear the name of the person 948
with the disability. The registrar shall provide the application 949
form and shall determine the information to be included on it, 950
provided that the registrar shall not require a physician or 951
chiropractor's prescription or certification for a person applying 952
under division (E)(1)(b) of this section. The registrar also shall 953
determine the material of which the temporary removable windshield 954
placard is to be made and any other information to be included on 955
the placard and shall adopt rules relating to the issuance, 956
expiration, surrender, revocation, and proper display of those 957
placards. Any temporary removable windshield placard issued after 958
October 14, 1999, shall be manufactured in a manner that allows 959
for the expiration date of the placard to be indicated on it 960
through the punching, drilling, boring, or creation by any other 961
means of holes in the placard. 962

       (F) If an applicant for a removable windshield placard is a 963
veteran of the armed forces of the United States whose disability, 964
as defined in division (A)(1) of this section, is 965
service-connected, the registrar or deputy registrar, upon receipt 966
of the application, presentation of a signed statement from the 967
applicant's personal physician or chiropractor certifying the 968
applicant's disability, and presentation of such documentary 969
evidence from the department of veterans affairs that the 970
disability of the applicant meets at least one of the criteria 971
identified in division (A)(1) of this section and is 972
service-connected as the registrar may require by rule, but 973
without the payment of any service fee, shall issue the applicant 974
a removable windshield placard that is valid until expired, 975
surrendered, or revoked. 976

       (G) Upon a conviction of a violation of division (I), (J), or 977
(K) of this section, the court shall report the conviction, and 978
send the placard or parking card, if available, to the registrar, 979
who thereupon shall revoke the privilege of using the placard or 980
parking card and send notice in writing to the placardholder or 981
cardholder at that holder's last known address as shown in the 982
records of the bureau, and the placardholder or cardholder shall 983
return the placard or card if not previously surrendered to the 984
court, to the registrar within ten days following mailing of the 985
notice. 986

       Whenever a person to whom a removable windshield placard or 987
parking card has been issued moves to another state, the person 988
shall surrender the placard or card to the registrar; and whenever 989
an organization to which a placard or card has been issued changes 990
its place of operation to another state, the organization shall 991
surrender the placard or card to the registrar. 992

       (H) Subject to division (F) of section 4511.69 of the Revised 993
Code, the operator of a motor vehicle displaying a removable 994
windshield placard, temporary removable windshield placard, 995
parking card, or the special license plates authorized by this 996
section is entitled to park the motor vehicle in any special 997
parking location reserved for persons with disabilities that limit 998
or impair the ability to walk, also known as handicapped parking 999
spaces or disability parking spaces. 1000

       (I) No person or organization that is not eligible under 1001
division (B) or (E) of this section shall willfully and falsely 1002
represent that the person or organization is so eligible. 1003

       No person or organization shall display license plates issued 1004
under this section unless the license plates have been issued for 1005
the vehicle on which they are displayed and are valid. 1006

       (J) No person or organization to which a removable windshield 1007
placard or temporary removable windshield placard is issued shall 1008
do either of the following: 1009

       (1) Display or permit the display of the placard on any motor 1010
vehicle when having reasonable cause to believe the motor vehicle 1011
is being used in connection with an activity that does not include 1012
providing transportation for persons with disabilities that limit 1013
or impair the ability to walk; 1014

       (2) Refuse to return or surrender the placard, when required. 1015

       (K)(1) No person or organization to which a parking card is 1016
issued shall do either of the following: 1017

       (a) Display or permit the display of the parking card on any 1018
motor vehicle when having reasonable cause to believe the motor 1019
vehicle is being used in connection with an activity that does not 1020
include providing transportation for a handicapped person; 1021

       (b) Refuse to return or surrender the parking card, when 1022
required. 1023

       (2) As used in division (K) of this section: 1024

       (a) "Handicapped person" means any person who has lost the 1025
use of one or both legs or one or both arms, who is blind, deaf, 1026
or so severely handicapped as to be unable to move about without 1027
the aid of crutches or a wheelchair, or whose mobility is 1028
restricted by a permanent cardiovascular, pulmonary, or other 1029
handicapping condition. 1030

       (b) "Organization" means any private organization or 1031
corporation, or any governmental board, agency, department, 1032
division, or office, that, as part of its business or program, 1033
transports handicapped persons on a regular basis in a motor 1034
vehicle that has not been altered for the purposes of providing it 1035
with special equipment for use by handicapped persons. 1036

       (L) If a removable windshield placard, temporary removable 1037
windshield placard, or parking card is lost, destroyed, or 1038
mutilated, the placardholder or cardholder may obtain a duplicate 1039
by doing both of the following: 1040

       (1) Furnishing suitable proof of the loss, destruction, or 1041
mutilation to the registrar; 1042

       (2) Paying a service fee equal to the amount specified in 1043
division (D) or (G) of section 4503.10 of the Revised Code. 1044

       Any placardholder or cardholder who loses a placard or card 1045
and, after obtaining a duplicate, finds the original, immediately 1046
shall surrender the original placard or card to the registrar. 1047

       (M) The registrar shall pay all fees received under this 1048
section for the issuance of removable windshield placards or 1049
temporary removable windshield placards or duplicate removable 1050
windshield placards or cards into the state treasury to the credit 1051
of the state bureau of motor vehicles fund created in section 1052
4501.25 of the Revised Code. 1053

       (N) For purposes of enforcing this section, every peace 1054
officer is deemed to be an agent of the registrar. Any peace 1055
officer or any authorized employee of the bureau of motor vehicles 1056
who, in the performance of duties authorized by law, becomes aware 1057
of a person whose placard or parking card has been revoked 1058
pursuant to this section, may confiscate that placard or parking 1059
card and return it to the registrar. The registrar shall prescribe 1060
any forms used by law enforcement agencies in administering this 1061
section. 1062

       No peace officer, law enforcement agency employing a peace 1063
officer, or political subdivision or governmental agency employing 1064
a peace officer, and no employee of the bureau is liable in a 1065
civil action for damages or loss to persons arising out of the 1066
performance of any duty required or authorized by this section. As 1067
used in this division, "peace officer" has the same meaning as in 1068
division (B) of section 2935.01 of the Revised Code. 1069

       (O) All applications for registration of motor vehicles, 1070
removable windshield placards, and temporary removable windshield 1071
placards issued under this section, all renewal notices for such 1072
items, and all other publications issued by the bureau that relate 1073
to this section shall set forth the criminal penalties that may be 1074
imposed upon a person who violates any provision relating to 1075
special license plates issued under this section, the parking of 1076
vehicles displaying such license plates, and the issuance, 1077
procurement, use, and display of removable windshield placards and 1078
temporary removable windshield placards issued under this section. 1079

       (P) Whoever violates this section is guilty of a misdemeanor 1080
of the fourth degree. 1081

       Sec. 4505.09. (A) The clerk of a court of common pleas 1082
shall charge a fee of five dollars for each certificate of title 1083
that is not applied for within thirty days after the later of the 1084
assignment or delivery of the motor vehicle described in it. The 1085
fees shall be retained by the clerk. 1086

       In addition to those fees, the clerk shall charge a fee of 1087
five dollars for each certificate of title, duplicate certificate 1088
of title, memorandum certificate of title, authorization to print 1089
a non-negotiable evidence of ownership described in division (G) 1090
of section 4505.08 of the Revised Code, non-negotiable evidence of 1091
ownership printed by the clerk under division (H) of that section, 1092
and notation of any lien on a certificate of title. The clerk 1093
shall retain two dollars and twenty-five cents of the fee charged 1094
for each certificate of title, four dollars and seventy-five cents 1095
of the fee charged for each duplicate certificate of title, all of 1096
the fees charged for each memorandum certificate, authorization to 1097
print a non-negotiable evidence of ownership, or non-negotiable 1098
evidence of ownership printed by the clerk, and four dollars and 1099
twenty-five cents of the fee charged for each notation of a lien. 1100

       The remaining two dollars and seventy-five cents charged for 1101
the certificate of title, the remaining twenty-five cents charged 1102
for the duplicate certificate of title, and the remaining 1103
seventy-five cents charged for the notation of any lien on a 1104
certificate of title shall be paid to the registrar of motor 1105
vehicles by monthly returns, which shall be forwarded to the 1106
registrar not later than the fifth day of the month next 1107
succeeding that in which the certificate is issued or that in 1108
which the registrar is notified of a lien or cancellation of a 1109
lien. 1110

       (B)(1) The registrar shall pay twenty-five cents of the 1111
amount received for each certificate of title and all of the 1112
amounts received for each notation of any lien and each duplicate 1113
certificate of title into the state bureau of motor vehicles fund 1114
established in section 4501.25 of the Revised Code. 1115

       (2) Fifty cents of the amount received for each certificate 1116
of title shall be paid by the registrar as follows: 1117

       (a) Four cents shall be paid into the state treasury to the 1118
credit of the motor vehicle dealers board fund, which is hereby 1119
created. All investment earnings of the fund shall be credited to 1120
the fund. The moneys in the motor vehicle dealers board fund shall 1121
be used by the motor vehicle dealers board created under section 1122
4517.30 of the Revised Code, together with other moneys 1123
appropriated to it, in the exercise of its powers and the 1124
performance of its duties under Chapter 4517. of the Revised Code, 1125
except that the director of budget and management may transfer 1126
excess money from the motor vehicle dealers board fund to the 1127
bureau of motor vehicles fund if the registrar determines that the 1128
amount of money in the motor vehicle dealers board fund, together 1129
with other moneys appropriated to the board, exceeds the amount 1130
required for the exercise of its powers and the performance of its 1131
duties under Chapter 4517. of the Revised Code and requests the 1132
director to make the transfer. 1133

       (b) Twenty-one cents shall be paid into the ~~general revenue~~ 1134
highway operating fund. 1135

       (c) Twenty-five cents shall be paid into the state treasury 1136
to the credit of the motor vehicle sales audit fund, which is 1137
hereby created. The moneys in the fund shall be used by the tax 1138
commissioner together with other funds available to the 1139
commissioner to conduct a continuing investigation of sales and 1140
use tax returns filed for motor vehicles in order to determine if 1141
sales and use tax liability has been satisfied. The commissioner 1142
shall refer cases of apparent violations of section 2921.13 of the 1143
Revised Code made in connection with the titling or sale of a 1144
motor vehicle and cases of any other apparent violations of the 1145
sales or use tax law to the appropriate county prosecutor whenever 1146
the commissioner considers it advisable. 1147

       (3) Two dollars of the amount received by the registrar for 1148
each certificate of title shall be paid into the state treasury to 1149
the credit of the automated title processing fund, which is hereby 1150
created and which shall consist of moneys collected under division 1151
(B)(3) of this section and under sections 1548.10 and 4519.59 of 1152
the Revised Code. All investment earnings of the fund shall be 1153
credited to the fund. The moneys in the fund shall be used as 1154
follows: 1155

       (a) Except for moneys collected under section 1548.10 of the 1156
Revised Code and as provided in division (B)(3)(c) of this 1157
section, moneys collected under division (B)(3) of this section 1158
shall be used to implement and maintain an automated title 1159
processing system for the issuance of motor vehicle, off-highway 1160
motorcycle, and all-purpose vehicle certificates of title in the 1161
offices of the clerks of the courts of common pleas. 1162

       (b) Moneys collected under section 1548.10 of the Revised 1163
Code shall be used to issue marine certificates of title in the 1164
offices of the clerks of the courts of common pleas as provided in 1165
Chapter 1548. of the Revised Code. 1166

       (c) Moneys collected under division (B)(3) of this section 1167
shall be used in accordance with section 4505.25 of the Revised 1168
Code to implement Sub. S.B. 59 of the 124th general assembly. 1169

       (C)(1) The automated title processing board is hereby created 1170
consisting of the registrar or the registrar's representative, a 1171
person selected by the registrar, the president of the Ohio clerks 1172
of court association or the president's representative, and two 1173
clerks of courts of common pleas appointed by the governor. The 1174
director of budget and management or the director's designee, the 1175
chief of the division of watercraft in the department of natural 1176
resources or the chief's designee, and the tax commissioner or the 1177
commissioner's designee shall be nonvoting members of the board. 1178
The purpose of the board is to facilitate the operation and 1179
maintenance of an automated title processing system and approve 1180
the procurement of automated title processing system equipment. 1181
Voting members of the board, excluding the registrar or the 1182
registrar's representative, shall serve without compensation, but 1183
shall be reimbursed for travel and other necessary expenses 1184
incurred in the conduct of their official duties. The registrar or 1185
the registrar's representative shall receive neither compensation 1186
nor reimbursement as a board member. 1187

       (2) The automated title processing board shall determine each 1188
of the following: 1189

       (a) The automated title processing equipment and certificates 1190
of title requirements for each county; 1191

       (b) The payment of expenses that may be incurred by the 1192
counties in implementing an automated title processing system; 1193

       (c) The repayment to the counties for existing title 1194
processing equipment. 1195

       (3) The registrar shall purchase, lease, or otherwise acquire 1196
any automated title processing equipment and certificates of title 1197
that the board determines are necessary from moneys in the 1198
automated title processing fund established by division (B)(3) of 1199
this section. 1200

       (D) All counties shall conform to the requirements of the 1201
registrar regarding the operation of their automated title 1202
processing system for motor vehicle titles, certificates of title 1203
for off-highway motorcycles and all-purpose vehicles, and 1204
certificates of title for watercraft and outboard motors. 1205

       Sec. 4511.092. (A) As used in this section: 1206

       (1) "Motor vehicle leasing dealer" has the same meaning as in 1207
section 4517.01 of the Revised Code. 1208

       (2) "Motor vehicle renting dealer" has the same meaning as in 1209
section 4549.65 of the Revised Code. 1210

       (3) "Ticket" means any traffic ticket, citation, summons, or 1211
other notice of liability issued in response to an alleged traffic 1212
law violation detected by a traffic law photo-monitoring device. 1213

       (4) "Traffic law photo-monitoring device" means an electronic 1214
system consisting of a photographic, video, or electronic camera 1215
and a means of sensing the presence of a motor vehicle that 1216
automatically produces photographs, videotape, or digital images 1217
of the vehicle or its license plate. 1218

       (B) A motor vehicle leasing dealer or motor vehicle renting 1219
dealer who receives a ticket for an alleged traffic law violation 1220
detected by a traffic law photo-monitoring device is not liable 1221
for a ticket issued for a vehicle that was in the care, custody, 1222
or control of a lessee or renter at the time of the alleged 1223
violation. A dealer who receives a ticket for such a violation 1224
shall notify whoever issued the ticket of the vehicle lessee's or 1225
renter's name and address. In no case shall the dealer pay such a 1226
ticket and then attempt to collect a fee or assess the lessee or 1227
renter a charge for any payment of such a ticket made on behalf of 1228
the lessee or renter. 1229

       Sec. 4511.101. (A) The director of transportation, in 1230
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended, 1231
shall establish a program for the placement of business logos for 1232
identification purposes on state directional signs within the 1233
rights-of-way of divided, multi-lane, limited access highways in 1234
both rural and urban areas. The director shall adopt rules in 1235
accordance with Chapter 119. of the Revised Code to implement the 1236
program. 1237

       (B)(1) All direct and indirect costs of the business logo 1238
sign program established pursuant to this section shall be fully 1239
paid by the businesses applying for participation in the program 1240
other than qualified attractions approved by the director under 1241
division (B)(2) of this section. At any interchange where a 1242
business logo sign is erected, such costs shall be divided equally 1243
among the participating businesses other than approved qualified 1244
attractions. The direct and indirect costs of the program shall 1245
include, but not be limited to, the cost of capital, directional 1246
signs, blanks, posts, logos, installation, repair, engineering, 1247
design, insurance, removal, replacement, and administration. 1248
Nothing in this chapter shall be construed to prohibit the 1249
director from establishing such a program. 1250

       (2) The director may approve the participation of a 1251
charitable organization operating a qualified attraction in the 1252
business logo sign program if the director determines that 1253
promotion or protection of the qualified attraction serves a 1254
legitimate state interest. The director may approve such 1255
participation at no cost or at a nominal fee. 1256

       (C) The director, in accordance with rules adopted ~~pursuant~~ 1257
~~to Chapter 119. of the Revised Code~~under division (A) of this 1258
section, may contract with any private person to operate, 1259
maintain, and market the business logo sign program. The rules 1260
shall describe the terms of the contract, and shall allow for a 1261
reasonable profit to be earned by the successful applicant. In 1262
awarding the contract, the director shall consider the skill, 1263
expertise, prior experience, and other qualifications of each 1264
applicant. 1265

       (D) As used in this section~~, "urban~~: 1266

       (1) "Charitable organization" has the same meaning as in 1267
section 1716.01 of the Revised Code. 1268

       (2) "Qualified attraction" includes natural wonders, and 1269
artistic, scenic, and historical attractions. 1270

       (3) "Urban area" means an area having a population of fifty 1271
thousand or more according to the most recent federal census and 1272
designated as such on urban maps prepared by the department. 1273

       (E) Neither the department nor the director shall do either 1274
of the following: 1275

       (1) Limit the right of any person to erect, maintain, repair, 1276
remove, or utilize any off-premises or on-premises advertising 1277
device; 1278

       (2) Make participation in the business logo sign program 1279
conditional upon a business agreeing to limit, discontinue, 1280
withdraw, modify, alter, or change any advertising or sign. 1281

       (F) The program shall permit the business logo signs of a 1282
seller of motor vehicle fuel to include on the seller's signs a 1283
marking or symbol indicating that the seller sells one or more 1284
types of alternative fuel so long as the seller in fact sells that 1285
fuel. 1286

       As used in this division, "alternative fuel" has the same 1287
meaning as in section 125.831 of the Revised Code. 1288

       Sec. 4511.21. (A) No person shall operate a motor vehicle, 1289
trackless trolley, or streetcar at a speed greater or less than is 1290
reasonable or proper, having due regard to the traffic, surface, 1291
and width of the street or highway and any other conditions, and 1292
no person shall drive any motor vehicle, trackless trolley, or 1293
streetcar in and upon any street or highway at a greater speed 1294
than will permit the person to bring it to a stop within the 1295
assured clear distance ahead. 1296

       (B) It is prima-facie lawful, in the absence of a lower limit 1297
declared pursuant to this section by the director of 1298
transportation or local authorities, for the operator of a motor 1299
vehicle, trackless trolley, or streetcar to operate the same at a 1300
speed not exceeding the following: 1301

       (1)(a) Twenty miles per hour in school zones during school 1302
recess and while children are going to or leaving school during 1303
the opening or closing hours, and when twenty miles per hour 1304
school speed limit signs are erected; except that, on 1305
controlled-access highways and expressways, if the right-of-way 1306
line fence has been erected without pedestrian opening, the speed 1307
shall be governed by division (B)(4) of this section and on 1308
freeways, if the right-of-way line fence has been erected without 1309
pedestrian opening, the speed shall be governed by divisions 1310
(B)(9) and (10) of this section. The end of every school zone may 1311
be marked by a sign indicating the end of the zone. Nothing in 1312
this section or in the manual and specifications for a uniform 1313
system of traffic control devices shall be construed to require 1314
school zones to be indicated by signs equipped with flashing or 1315
other lights, or giving other special notice of the hours in which 1316
the school zone speed limit is in effect. 1317

       (b) As used in this section and in section 4511.212 of the 1318
Revised Code, "school" means any school chartered under section 1319
3301.16 of the Revised Code and any nonchartered school that 1320
during the preceding year filed with the department of education 1321
in compliance with rule 3301-35-08 of the Ohio Administrative 1322
Code, a copy of the school's report for the parents of the 1323
school's pupils certifying that the school meets Ohio minimum 1324
standards for nonchartered, nontax-supported schools and presents 1325
evidence of this filing to the jurisdiction from which it is 1326
requesting the establishment of a school zone. "School" also 1327
includes a special elementary school that in writing requests the 1328
county engineer of the county in which the special elementary 1329
school is located to create a school zone at the location of that 1330
school. Upon receipt of such a written request, the county 1331
engineer shall create a school zone at that location by erecting 1332
the appropriate signs. 1333

       (c) As used in this section, "school zone" means that portion 1334
of a street or highway passing a school fronting upon the street 1335
or highway that is encompassed by projecting the school property 1336
lines to the fronting street or highway, and also includes that 1337
portion of a state highway. Upon request from local authorities 1338
for streets and highways under their jurisdiction and that portion 1339
of a state highway under the jurisdiction of the director of 1340
transportation or a request from a county engineer in the case of 1341
a school zone for a special elementary school, the director may 1342
extend the traditional school zone boundaries. The distances in 1343
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not 1344
exceed three hundred feet per approach per direction and are 1345
bounded by whichever of the following distances or combinations 1346
thereof the director approves as most appropriate: 1347

       (i) The distance encompassed by projecting the school 1348
building lines normal to the fronting highway and extending a 1349
distance of three hundred feet on each approach direction; 1350

       (ii) The distance encompassed by projecting the school 1351
property lines intersecting the fronting highway and extending a 1352
distance of three hundred feet on each approach direction; 1353

       (iii) The distance encompassed by the special marking of the 1354
pavement for a principal school pupil crosswalk plus a distance of 1355
three hundred feet on each approach direction of the highway. 1356

       Nothing in this section shall be construed to invalidate the 1357
director's initial action on August 9, 1976, establishing all 1358
school zones at the traditional school zone boundaries defined by 1359
projecting school property lines, except when those boundaries are 1360
extended as provided in divisions (B)(1)(a) and (c) of this 1361
section. 1362

       (d) As used in this division, "crosswalk" has the meaning 1363
given that term in division (LL)(2) of section 4511.01 of the 1364
Revised Code. 1365

       The director may, upon request by resolution of the 1366
legislative authority of a municipal corporation, the board of 1367
trustees of a township, or a county board of mental retardation 1368
and developmental disabilities created pursuant to Chapter 5126. 1369
of the Revised Code, and upon submission by the municipal 1370
corporation, township, or county board of such engineering, 1371
traffic, and other information as the director considers 1372
necessary, designate a school zone on any portion of a state route 1373
lying within the municipal corporation, lying within the 1374
unincorporated territory of the township, or lying adjacent to the 1375
property of a school that is operated by such county board, that 1376
includes a crosswalk customarily used by children going to or 1377
leaving a school during recess and opening and closing hours, 1378
whenever the distance, as measured in a straight line, from the 1379
school property line nearest the crosswalk to the nearest point of 1380
the crosswalk is no more than one thousand three hundred twenty 1381
feet. Such a school zone shall include the distance encompassed by 1382
the crosswalk and extending three hundred feet on each approach 1383
direction of the state route. 1384

       (e) As used in this section, "special elementary school" 1385
means a school that meets all of the following criteria: 1386

       (i) It is not chartered and does not receive tax revenue from 1387
any source. 1388

       (ii) It does not educate children beyond the eighth grade. 1389

       (iii) It is located outside the limits of a municipal 1390
corporation. 1391

       (iv) A majority of the total number of students enrolled at 1392
the school are not related by blood. 1393

       (v) The principal or other person in charge of the special 1394
elementary school annually sends a report to the superintendent of 1395
the school district in which the special elementary school is 1396
located indicating the total number of students enrolled at the 1397
school, but otherwise the principal or other person in charge does 1398
not report any other information or data to the superintendent. 1399

       (2) Twenty-five miles per hour in all other portions of a 1400
municipal corporation, except on state routes outside business 1401
districts, through highways outside business districts, and 1402
alleys; 1403

       (3) Thirty-five miles per hour on all state routes or through 1404
highways within municipal corporations outside business districts, 1405
except as provided in divisions (B)(4) and (6) of this section; 1406

       (4) Fifty miles per hour on controlled-access highways and 1407
expressways within municipal corporations; 1408

       (5) Fifty-five miles per hour on highways outside municipal 1409
corporations, other than highways within island jurisdictions as 1410
provided in division (B)(8) of this section and freeways as 1411
provided in division (B)(13) of this section; 1412

       (6) Fifty miles per hour on state routes within municipal 1413
corporations outside urban districts unless a lower prima-facie 1414
speed is established as further provided in this section; 1415

       (7) Fifteen miles per hour on all alleys within the municipal 1416
corporation; 1417

       (8) Thirty-five miles per hour on highways outside municipal 1418
corporations that are within an island jurisdiction; 1419

       (9) Fifty-five miles per hour at all times on freeways with 1420
paved shoulders inside municipal corporations, other than freeways 1421
as provided in division (B)(13) of this section; 1422

       (10) Fifty-five miles per hour at all times on freeways 1423
outside municipal corporations, other than freeways as provided in 1424
division (B)(13) of this section; 1425

       (11) Fifty-five miles per hour at all times on all portions 1426
of freeways that are part of the interstate system and on all 1427
portions of freeways that are not part of the interstate system, 1428
but are built to the standards and specifications that are 1429
applicable to freeways that are part of the interstate system for 1430
operators of any motor vehicle weighing in excess of eight 1431
thousand pounds empty weight and any noncommercial bus; 1432

       (12) Fifty-five miles per hour for operators of any motor 1433
vehicle weighing eight thousand pounds or less empty weight and 1434
any commercial bus at all times on all portions of freeways that 1435
are part of the interstate system and that had such a speed limit 1436
established prior to October 1, 1995, and freeways that are not 1437
part of the interstate system, but are built to the standards and 1438
specifications that are applicable to freeways that are part of 1439
the interstate system and that had such a speed limit established 1440
prior to October 1, 1995, unless a higher speed limit is 1441
established under division (L) of this section; 1442

       (13) Sixty-five miles per hour for operators of any motor 1443
vehicle weighing eight thousand pounds or less empty weight and 1444
any commercial bus at all times on all portions of the following: 1445

       (a) Freeways that are part of the interstate system and that 1446
had such a speed limit established prior to October 1, 1995, and 1447
freeways that are not part of the interstate system, but are built 1448
to the standards and specifications that are applicable to 1449
freeways that are part of the interstate system and that had such 1450
a speed limit established prior to October 1, 1995; 1451

       (b) Freeways that are part of the interstate system and 1452
freeways that are not part of the interstate system but are built 1453
to the standards and specifications that are applicable to 1454
freeways that are part of the interstate system, and that had such 1455
a speed limit established under division (L) of this section; 1456

       (c) Rural, divided, multi-lane highways that are designated 1457
as part of the national highway system under the "National Highway 1458
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103, 1459
and that had such a speed limit established under division (M) of 1460
this section. 1461

       (C) It is prima-facie unlawful for any person to exceed any 1462
of the speed limitations in divisions (B)(1)(a), (2), (3), (4), 1463
(6), (7), and (8) of this section, or any declared pursuant to 1464
this section by the director or local authorities and it is 1465
unlawful for any person to exceed any of the speed limitations in 1466
division (D) of this section. No person shall be convicted of more 1467
than one violation of this section for the same conduct, although 1468
violations of more than one provision of this section may be 1469
charged in the alternative in a single affidavit. 1470

       (D) No person shall operate a motor vehicle, trackless 1471
trolley, or streetcar upon a street or highway as follows: 1472

       (1) At a speed exceeding fifty-five miles per hour, except 1473
upon a freeway as provided in division (B)(13) of this section; 1474

       (2) At a speed exceeding sixty-five miles per hour upon a 1475
freeway as provided in division (B)(13) of this section except as 1476
otherwise provided in division (D)(3) of this section; 1477

       (3) If a motor vehicle weighing in excess of eight thousand 1478
pounds empty weight or a noncommercial bus as prescribed in 1479
division (B)(11) of this section, at a speed exceeding fifty-five 1480
miles per hour upon a freeway as provided in that division; 1481

       (4) At a speed exceeding the posted speed limit upon a 1482
freeway for which the director has determined and declared a speed 1483
limit of not more than sixty-five miles per hour pursuant to 1484
division (L)(2) or (M) of this section; 1485

       (5) At a speed exceeding sixty-five miles per hour upon a 1486
freeway for which such a speed limit has been established through 1487
the operation of division (L)(3) of this section; 1488

       (6) At a speed exceeding the posted speed limit upon a 1489
freeway for which the director has determined and declared a speed 1490
limit pursuant to division (I)(2) of this section. 1491

       (E) In every charge of violation of this section the 1492
affidavit and warrant shall specify the time, place, and speed at 1493
which the defendant is alleged to have driven, and in charges made 1494
in reliance upon division (C) of this section also the speed which 1495
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit 1496
declared pursuant to, this section declares is prima-facie lawful 1497
at the time and place of such alleged violation, except that in 1498
affidavits where a person is alleged to have driven at a greater 1499
speed than will permit the person to bring the vehicle to a stop 1500
within the assured clear distance ahead the affidavit and warrant 1501
need not specify the speed at which the defendant is alleged to 1502
have driven. 1503

       (F) When a speed in excess of both a prima-facie limitation 1504
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of 1505
this section is alleged, the defendant shall be charged in a 1506
single affidavit, alleging a single act, with a violation 1507
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or 1508
(8) of this section, or of a limit declared pursuant to this 1509
section by the director or local authorities, and of the 1510
limitation in division (D)(1), (2), (3), (4), (5), or (6) of this 1511
section. If the court finds a violation of division (B)(1)(a), 1512
(2), (3), (4), (6), (7), or (8) of, or a limit declared pursuant 1513
to, this section has occurred, it shall enter a judgment of 1514
conviction under such division and dismiss the charge under 1515
division (D)(1), (2), (3), (4), (5), or (6) of this section. If it 1516
finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7), 1517
or (8) of, or a limit declared pursuant to, this section, it shall 1518
then consider whether the evidence supports a conviction under 1519
division (D)(1), (2), (3), (4), (5), or (6) of this section. 1520

       (G) Points shall be assessed for violation of a limitation 1521
under division (D) of this section in accordance with section 1522
4510.036 of the Revised Code. 1523

       (H) Whenever the director determines upon the basis of a 1524
geometric and traffic characteristic study that any speed limit 1525
set forth in divisions (B)(1)(a) to (D) of this section is greater 1526
or less than is reasonable or safe under the conditions found to 1527
exist at any portion of a street or highway under the jurisdiction 1528
of the director, the director shall determine and declare a 1529
reasonable and safe prima-facie speed limit, which shall be 1530
effective when appropriate signs giving notice of it are erected 1531
at the location. 1532

       (I)(1) Except as provided in divisions (I)(2) and (K) of this 1533
section, whenever local authorities determine upon the basis of an 1534
engineering and traffic investigation that the speed permitted by 1535
divisions (B)(1)(a) to (D) of this section, on any part of a 1536
highway under their jurisdiction, is greater than is reasonable 1537
and safe under the conditions found to exist at such location, the 1538
local authorities may by resolution request the director to 1539
determine and declare a reasonable and safe prima-facie speed 1540
limit. Upon receipt of such request the director may determine and 1541
declare a reasonable and safe prima-facie speed limit at such 1542
location, and if the director does so, then such declared speed 1543
limit shall become effective only when appropriate signs giving 1544
notice thereof are erected at such location by the local 1545
authorities. The director may withdraw the declaration of a 1546
prima-facie speed limit whenever in the director's opinion the 1547
altered prima-facie speed becomes unreasonable. Upon such 1548
withdrawal, the declared prima-facie speed shall become 1549
ineffective and the signs relating thereto shall be immediately 1550
removed by the local authorities. 1551

       (2) A local authority may determine on the basis of a 1552
geometric and traffic characteristic study that the speed limit of 1553
sixty-five miles per hour on a portion of a freeway under its 1554
jurisdiction that was established through the operation of 1555
division (L)(3) of this section is greater than is reasonable or 1556
safe under the conditions found to exist at that portion of the 1557
freeway. If the local authority makes such a determination, the 1558
local authority by resolution may request the director to 1559
determine and declare a reasonable and safe speed limit of not 1560
less than fifty-five miles per hour for that portion of the 1561
freeway. If the director takes such action, the declared speed 1562
limit becomes effective only when appropriate signs giving notice 1563
of it are erected at such location by the local authority. 1564

       (J) Local authorities in their respective jurisdictions may 1565
authorize by ordinance higher prima-facie speeds than those stated 1566
in this section upon through highways, or upon highways or 1567
portions thereof where there are no intersections, or between 1568
widely spaced intersections, provided signs are erected giving 1569
notice of the authorized speed, but local authorities shall not 1570
modify or alter the basic rule set forth in division (A) of this 1571
section or in any event authorize by ordinance a speed in excess 1572
of fifty miles per hour. 1573

       Alteration of prima-facie limits on state routes by local 1574
authorities shall not be effective until the alteration has been 1575
approved by the director. The director may withdraw approval of 1576
any altered prima-facie speed limits whenever in the director's 1577
opinion any altered prima-facie speed becomes unreasonable, and 1578
upon such withdrawal, the altered prima-facie speed shall become 1579
ineffective and the signs relating thereto shall be immediately 1580
removed by the local authorities. 1581

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of this 1582
section, "unimproved highway" means a highway consisting of any of 1583
the following: 1584

       (a) Unimproved earth; 1585

       (b) Unimproved graded and drained earth; 1586

       (c) Gravel. 1587

       (2) Except as otherwise provided in divisions (K)(4) and (5) 1588
of this section, whenever a board of township trustees determines 1589
upon the basis of an engineering and traffic investigation that 1590
the speed permitted by division (B)(5) of this section on any part 1591
of an unimproved highway under its jurisdiction and in the 1592
unincorporated territory of the township is greater than is 1593
reasonable or safe under the conditions found to exist at the 1594
location, the board may by resolution declare a reasonable and 1595
safe prima-facie speed limit of fifty-five but not less than 1596
twenty-five miles per hour. An altered speed limit adopted by a 1597
board of township trustees under this division becomes effective 1598
when appropriate traffic control devices, as prescribed in section 1599
4511.11 of the Revised Code, giving notice thereof are erected at 1600
the location, which shall be no sooner than sixty days after 1601
adoption of the resolution. 1602

       (3)(a) Whenever, in the opinion of a board of township 1603
trustees, any altered prima-facie speed limit established by the 1604
board under this division becomes unreasonable, the board may 1605
adopt a resolution withdrawing the altered prima-facie speed 1606
limit. Upon the adoption of such a resolution, the altered 1607
prima-facie speed limit becomes ineffective and the traffic 1608
control devices relating thereto shall be immediately removed. 1609

       (b) Whenever a highway ceases to be an unimproved highway and 1610
the board has adopted an altered prima-facie speed limit pursuant 1611
to division (K)(2) of this section, the board shall, by 1612
resolution, withdraw the altered prima-facie speed limit as soon 1613
as the highway ceases to be unimproved. Upon the adoption of such 1614
a resolution, the altered prima-facie speed limit becomes 1615
ineffective and the traffic control devices relating thereto shall 1616
be immediately removed. 1617

       (4)(a) If the boundary of two townships rests on the 1618
centerline of an unimproved highway in unincorporated territory 1619
and both townships have jurisdiction over the highway, neither of 1620
the boards of township trustees of such townships may declare an 1621
altered prima-facie speed limit pursuant to division (K)(2) of 1622
this section on the part of the highway under their joint 1623
jurisdiction unless the boards of township trustees of both of the 1624
townships determine, upon the basis of an engineering and traffic 1625
investigation, that the speed permitted by division (B)(5) of this 1626
section is greater than is reasonable or safe under the conditions 1627
found to exist at the location and both boards agree upon a 1628
reasonable and safe prima-facie speed limit of less than 1629
fifty-five but not less than twenty-five miles per hour for that 1630
location. If both boards so agree, each shall follow the procedure 1631
specified in division (K)(2) of this section for altering the 1632
prima-facie speed limit on the highway. Except as otherwise 1633
provided in division (K)(4)(b) of this section, no speed limit 1634
altered pursuant to division (K)(4)(a) of this section may be 1635
withdrawn unless the boards of township trustees of both townships 1636
determine that the altered prima-facie speed limit previously 1637
adopted becomes unreasonable and each board adopts a resolution 1638
withdrawing the altered prima-facie speed limit pursuant to the 1639
procedure specified in division (K)(3)(a) of this section. 1640

       (b) Whenever a highway described in division (K)(4)(a) of 1641
this section ceases to be an unimproved highway and two boards of 1642
township trustees have adopted an altered prima-facie speed limit 1643
pursuant to division (K)(4)(a) of this section, both boards shall, 1644
by resolution, withdraw the altered prima-facie speed limit as 1645
soon as the highway ceases to be unimproved. Upon the adoption of 1646
the resolution, the altered prima-facie speed limit becomes 1647
ineffective and the traffic control devices relating thereto shall 1648
be immediately removed. 1649

       (5) As used in division (K)(5) of this section: 1650

       (a) "Commercial subdivision" means any platted territory 1651
outside the limits of a municipal corporation and fronting a 1652
highway where, for a distance of three hundred feet or more, the 1653
frontage is improved with buildings in use for commercial 1654
purposes, or where the entire length of the highway is less than 1655
three hundred feet long and the frontage is improved with 1656
buildings in use for commercial purposes. 1657

       (b) "Residential subdivision" means any platted territory 1658
outside the limits of a municipal corporation and fronting a 1659
highway, where, for a distance of three hundred feet or more, the 1660
frontage is improved with residences or residences and buildings 1661
in use for business, or where the entire length of the highway is 1662
less than three hundred feet long and the frontage is improved 1663
with residences or residences and buildings in use for business. 1664

       Whenever a board of township trustees finds upon the basis of 1665
an engineering and traffic investigation that the prima-facie 1666
speed permitted by division (B)(5) of this section on any part of 1667
a highway under its jurisdiction that is located in a commercial 1668
or residential subdivision, except on highways or portions thereof 1669
at the entrances to which vehicular traffic from the majority of 1670
intersecting highways is required to yield the right-of-way to 1671
vehicles on such highways in obedience to stop or yield signs or 1672
traffic control signals, is greater than is reasonable and safe 1673
under the conditions found to exist at the location, the board may 1674
by resolution declare a reasonable and safe prima-facie speed 1675
limit of less than fifty-five but not less than twenty-five miles 1676
per hour at the location. An altered speed limit adopted by a 1677
board of township trustees under this division shall become 1678
effective when appropriate signs giving notice thereof are erected 1679
at the location by the township. Whenever, in the opinion of a 1680
board of township trustees, any altered prima-facie speed limit 1681
established by it under this division becomes unreasonable, it may 1682
adopt a resolution withdrawing the altered prima-facie speed, and 1683
upon such withdrawal, the altered prima-facie speed shall become 1684
ineffective, and the signs relating thereto shall be immediately 1685
removed by the township. 1686

       (L)(1) Within one hundred twenty days of February 29, 1996, 1687
the director of transportation, based upon a geometric and traffic 1688
characteristic study of a freeway that is part of the interstate 1689
system or that is not part of the interstate system, but is built 1690
to the standards and specifications that are applicable to 1691
freeways that are part of the interstate system, in consultation 1692
with the director of public safety and, if applicable, the local 1693
authority having jurisdiction over a portion of such freeway, may 1694
determine and declare that the speed limit of less than sixty-five 1695
miles per hour established on such freeway or portion of freeway 1696
either is reasonable and safe or is less than that which is 1697
reasonable and safe. 1698

       (2) If the established speed limit for such a freeway or 1699
portion of freeway is determined to be less than that which is 1700
reasonable and safe, the director of transportation, in 1701
consultation with the director of public safety and, if 1702
applicable, the local authority having jurisdiction over the 1703
portion of freeway, shall determine and declare a reasonable and 1704
safe speed limit of not more than sixty-five miles per hour for 1705
that freeway or portion of freeway. 1706

       The director of transportation or local authority having 1707
jurisdiction over the freeway or portion of freeway shall erect 1708
appropriate signs giving notice of the speed limit at such 1709
location within one hundred fifty days of February 29, 1996. Such 1710
speed limit becomes effective only when such signs are erected at 1711
the location. 1712

       (3) If, within one hundred twenty days of February 29, 1996, 1713
the director of transportation does not make a determination and 1714
declaration of a reasonable and safe speed limit for a freeway or 1715
portion of freeway that is part of the interstate system or that 1716
is not part of the interstate system, but is built to the 1717
standards and specifications that are applicable to freeways that 1718
are part of the interstate system and that has a speed limit of 1719
less than sixty-five miles per hour, the speed limit on that 1720
freeway or portion of a freeway shall be sixty-five miles per 1721
hour. The director of transportation or local authority having 1722
jurisdiction over the freeway or portion of the freeway shall 1723
erect appropriate signs giving notice of the speed limit of 1724
sixty-five miles per hour at such location within one hundred 1725
fifty days of February 29, 1996. Such speed limit becomes 1726
effective only when such signs are erected at the location. A 1727
speed limit established through the operation of division (L)(3) 1728
of this section is subject to reduction under division (I)(2) of 1729
this section. 1730

       (M) Within three hundred sixty days after February 29, 1996, 1731
the director of transportation, based upon a geometric and traffic 1732
characteristic study of a rural, divided, multi-lane highway that 1733
has been designated as part of the national highway system under 1734
the "National Highway System Designation Act of 1995," 109 Stat. 1735
568, 23 U.S.C.A. 103, in consultation with the director of public 1736
safety and, if applicable, the local authority having jurisdiction 1737
over a portion of the highway, may determine and declare that the 1738
speed limit of less than sixty-five miles per hour established on 1739
the highway or portion of highway either is reasonable and safe or 1740
is less than that which is reasonable and safe. 1741

       If the established speed limit for the highway or portion of 1742
highway is determined to be less than that which is reasonable and 1743
safe, the director of transportation, in consultation with the 1744
director of public safety and, if applicable, the local authority 1745
having jurisdiction over the portion of highway, shall determine 1746
and declare a reasonable and safe speed limit of not more than 1747
sixty-five miles per hour for that highway or portion of highway. 1748
The director of transportation or local authority having 1749
jurisdiction over the highway or portion of highway shall erect 1750
appropriate signs giving notice of the speed limit at such 1751
location within three hundred ninety days after February 29, 1996. 1752
The speed limit becomes effective only when such signs are erected 1753
at the location. 1754

       (N)(1)(a) If the boundary of two local authorities rests on 1755
the centerline of a highway and both authorities have jurisdiction 1756
over the highway, the speed limit for the part of the highway 1757
within their joint jurisdiction shall be either one of the 1758
following as agreed to by both authorities: 1759

       (i) Either prima-facie speed limit permitted by division (B) 1760
of this section; 1761

       (ii) An altered speed limit determined and posted in 1762
accordance with this section. 1763

       (b) If the local authorities are unable to reach an 1764
agreement, the speed limit shall remain as established and posted 1765
under this section. 1766

       (2) Neither local authority may declare an altered 1767
prima-facie speed limit pursuant to this section on the part of 1768
the highway under their joint jurisdiction unless both of the 1769
local authorities determine, upon the basis of an engineering and 1770
traffic investigation, that the speed permitted by this section is 1771
greater than is reasonable or safe under the conditions found to 1772
exist at the location and both authorities agree upon a uniform 1773
reasonable and safe prima-facie speed limit of less than 1774
fifty-five but not less than twenty-five miles per hour for that 1775
location. If both authorities so agree, each shall follow the 1776
procedure specified in this section for altering the prima-facie 1777
speed limit on the highway, and the speed limit for the part of 1778
the highway within their joint jurisdiction shall be uniformly 1779
altered. No altered speed limit may be withdrawn unless both local 1780
authorities determine that the altered prima-facie speed limit 1781
previously adopted becomes unreasonable and each adopts a 1782
resolution withdrawing the altered prima-facie speed limit 1783
pursuant to the procedure specified in this section. 1784

       (O) As used in this section: 1785

       (1) "Interstate system" has the same meaning as in 23 1786
U.S.C.A. 101. 1787

       (2) "Commercial bus" means a motor vehicle designed for 1788
carrying more than nine passengers and used for the transportation 1789
of persons for compensation. 1790

       (3) "Noncommercial bus" includes but is not limited to a 1791
school bus or a motor vehicle operated solely for the 1792
transportation of persons associated with a charitable or 1793
nonprofit organization. 1794

       (P)(1) A violation of any provision of this section is one of 1795
the following: 1796

       (a) Except as otherwise provided in divisions (P)(1)(b), 1797
(1)(c), (2), and (3) of this section, a minor misdemeanor; 1798

       (b) If, within one year of the offense, the offender 1799
previously has been convicted of or pleaded guilty to two 1800
violations of any provision of this section or of any provision of 1801
a municipal ordinance that is substantially similar to any 1802
provision of this section, a misdemeanor of the fourth degree; 1803

       (c) If, within one year of the offense, the offender 1804
previously has been convicted of or pleaded guilty to three or 1805
more violations of any provision of this section or of any 1806
provision of a municipal ordinance that is substantially similar 1807
to any provision of this section, a misdemeanor of the third 1808
degree. 1809

       (2) If the offender has not previously been convicted of or 1810
pleaded guilty to a violation of any provision of this section or 1811
of any provision of a municipal ordinance that is substantially 1812
similar to this section and operated a motor vehicle faster than 1813
thirty-five miles an hour in a business district of a municipal 1814
corporation, faster than fifty miles an hour in other portions of 1815
a municipal corporation, or faster than thirty-five miles an hour 1816
in a school zone during recess or while children are going to or 1817
leaving school during the school's opening or closing hours, a 1818
misdemeanor of the fourth degree. 1819

       (3) Notwithstanding division (P)(1) of this section, if the 1820
offender operated a motor vehicle in a construction zone where a 1821
sign was then posted in accordance with section 4511.98 of the 1822
Revised Code, the court, in addition to all other penalties 1823
provided by law, shall impose upon the offender a fine of two 1824
times the usual amount imposed for the violation. No court shall 1825
impose a fine of two times the usual amount imposed for the 1826
violation upon an offender if the offender alleges, in an 1827
affidavit filed with the court prior to the offender's sentencing, 1828
that the offender is indigent and is unable to pay the fine 1829
imposed pursuant to this division and if the court determines that 1830
the offender is an indigent person and unable to pay the fine. 1831

       Sec. 4519.59. (A) The clerk of a court of common pleas 1832
shall charge a fee of five dollars for each certificate of title, 1833
duplicate certificate of title, memorandum certificate of title, 1834
authorization to print a non-negotiable evidence of ownership 1835
described in division (D) of section 4519.58 of the Revised Code, 1836
non-negotiable evidence of ownership printed by the clerk under 1837
division (E) of that section, and notation of any lien on a 1838
certificate of title. The clerk shall retain two dollars and 1839
twenty-five cents of the fee charged for each certificate of 1840
title, four dollars and seventy-five cents of the fee charged for 1841
each duplicate certificate of title, all of the fees charged for 1842
each memorandum certificate, authorization to print a 1843
non-negotiable evidence of ownership, or non-negotiable evidence 1844
of ownership printed by the clerk, and four dollars and 1845
twenty-five cents of the fee charged for each notation of a lien. 1846

       The remaining two dollars and seventy-five cents charged for 1847
the certificate of title, the remaining twenty-five cents charged 1848
for the duplicate certificate of title, and the remaining 1849
seventy-five cents charged for the notation of any lien on a 1850
certificate of title shall be paid to the registrar of motor 1851
vehicles by monthly returns, which shall be forwarded to the 1852
registrar not later than the fifth day of the month next 1853
succeeding that in which the certificate is forwarded or that in 1854
which the registrar is notified of a lien or cancellation of a 1855
lien. 1856

       (B)(1) The registrar shall pay twenty-five cents of the 1857
amount received for each certificate of title and all of the 1858
amounts received for each notation of any lien and each duplicate 1859
certificate of title into the state bureau of motor vehicles fund 1860
established in section 4501.25 of the Revised Code. 1861

       (2) Fifty cents of the amount received for each certificate 1862
of title shall be paid by the registrar as follows: 1863

       (a) Four cents shall be paid into the state treasury to the 1864
credit of the motor vehicle dealers board fund created in section 1865
4505.09 of the Revised Code, for use as described in division 1866
(B)(2)(a) of that section. 1867

       (b) Twenty-one cents shall be paid into the ~~general revenue~~ 1868
highway operating fund. 1869

       (c) Twenty-five cents shall be paid into the state treasury 1870
to the credit of the motor vehicle sales audit fund created in 1871
section 4505.09 of the Revised Code, for use as described in 1872
division (B)(2)(c) of that section. 1873

       (3) Two dollars of the amount received by the registrar for 1874
each certificate of title shall be paid into the state treasury to 1875
the credit of the automated title processing fund created in 1876
section 4505.09 of the Revised Code, for use as described in 1877
divisions (B)(3)(a) and (c) of that section. 1878

       Sec. 4561.18. (A) The owner of any aircraft that is based in 1879
this state and that is not of a type specified in divisions (A)(1) 1880
to (6) of section 4561.17 of the Revised Code, shall register that 1881
aircraft with the department of transportation pursuant to this 1882
section. 1883

        (B) Applications for the licensing and registration of 1884
aircraft shall be made and signed by the owner on forms the 1885
department of transportation prepares. The forms shall contain a 1886
description of the aircraft, including its federal registration 1887
number, the airport or other place at which the aircraft is based, 1888
and any other information the department requires. 1889

        (C)(1) Registration forms shall be filed with the director of 1890
transportation annually at the time the director specifies and 1891
shall be renewed according to the standard renewal procedure of 1892
sections 4745.01 to 4745.03 of the Revised Code. If the airport or 1893
other place at which the aircraft usually is based changes, the 1894
owner shall update the registration by filing a new form with the 1895
office of aviation. 1896

       (2) An application for the registration of any aircraft not 1897
previously registered in this state that is acquired or becomes 1898
subject to the license tax subsequent to the last day of January 1899
in any year, shall be made for the balance of the year in which 1900
the aircraft is acquired, within thirty days after the acquisition 1901
or after becoming subject to the license tax. 1902

       (D)(1) Each registration form shall be accompanied by the 1903
proper license tax, which, for all aircraft other than ~~gliders and~~ 1904
~~balloons~~those described in divisions (D)(2) and (3) of this 1905
section, shall be at the annual rate of fifteen dollars per seat, 1906
based on the manufacturer's maximum listed seating capacity. ~~The~~ 1907

       (2) The license tax for gliders and balloons shall be fifteen 1908
dollars annually. 1909

       (3) The annual license tax for commercial cargo aircraft 1910
shall be seven hundred fifty dollars per aircraft. 1911

        (E) The department of transportation shall maintain all 1912
registrations filed with it under this section and shall develop a 1913
program to track and enforce the registration of aircraft based in 1914
this state. 1915

        (F) The taxes this section requires are in lieu of all other 1916
taxes on or with respect to ownership of an aircraft. 1917

       (G) The director of transportation shall impose a fine 1918
pursuant to section 4561.22 of the Revised Code for each aircraft 1919
that an owner fails to register as this section requires and shall 1920
require the owner to register the aircraft within the time the 1921
director specifies. The director may impose a separate fine for 1922
each registration period during which the owner fails to register 1923
the aircraft. 1924

       (H) As used in this section, "commercial cargo aircraft" 1925
means any aircraft used in connection with an all-cargo operation, 1926
as defined in 14 C.F.R. 119.3. 1927

       Sec. 5501.31. The director of transportation shall have 1928
general supervision of all roads comprising the state highway 1929
system. The director may alter, widen, straighten, realign, 1930
relocate, establish, construct, reconstruct, improve, maintain, 1931
repair, and preserve any road or highway on the state highway 1932
system, and, in connection therewith, relocate, alter, widen, 1933
deepen, clean out, or straighten the channel of any watercourse as 1934
the director considers necessary, and purchase or appropriate 1935
property for the disposal of surplus materials or borrow pits, 1936
and, where an established road has been relocated, establish, 1937
construct, and maintain such connecting roads between the old and 1938
new location as will provide reasonable access thereto. 1939

       The director may purchase or appropriate property necessary 1940
for the location or construction of any culvert, bridge, or 1941
viaduct, or the approaches thereto, including any property needed 1942
to extend, widen, or alter any feeder or outlet road, street, or 1943
way adjacent to or under the bridge or viaduct when the extension, 1944
widening, or alteration of the feeder road, street, or way is 1945
necessary for the full utilization of the bridge or viaduct, or 1946
for any other highway improvement. The director may purchase or 1947
appropriate, for such length of time as is necessary and 1948
desirable, any additional property required for the construction 1949
and maintenance of slopes, detour roads, sewers, roadside parks, 1950
rest areas, recreational park areas, park and ride facilities, and 1951
park and carpool or vanpool facilities, scenic view areas, 1952
drainage systems, or land to replace wetlands, incident to any 1953
highway improvement, that the director is or may be authorized to 1954
locate or construct. Also incident to any authorized highway 1955
improvement, the director may purchase property from a willing 1956
seller as required for the construction and maintenance of 1957
bikeways and bicycle paths or to replace, preserve, or conserve 1958
any environmental resource if the replacement, preservation, or 1959
conservation is required by state or federal law. 1960

       Title to property purchased or appropriated by the director 1961
shall be taken in the name of the state either in fee simple or in 1962
any lesser estate or interest that the director considers 1963
necessary or proper, in accordance with forms to be prescribed by 1964
the attorney general. The deed shall contain a description of the 1965
property and be recorded in the county where the property is 1966
situated and, when recorded, shall be kept on file in the 1967
department of transportation. The property may be described by 1968
metes and bounds or by the department of transportation parcel 1969
number as shown on a right of way plan recorded in the county 1970
where the property is located. 1971

       Provided that when property, other than property used by a 1972
railroad for operating purposes, is acquired in connection with 1973
improvements involving projects affecting railroads wherein the 1974
department is obligated to acquire property under grade separation 1975
statutes, or on other improvements wherein the department is 1976
obligated to acquire lands under agreements with railroads, or 1977
with a public utility, political subdivision, public corporation, 1978
or private corporation owning transportation facilities for the 1979
readjustment, relocation, or improvement of their facilities, a 1980
fee simple title or an easement may be acquired by purchase or 1981
appropriation in the name of the railroad, public utility, 1982
political subdivision, public corporation, or private corporation 1983
in the discretion of the director. When the title to lands, which 1984
are required to adjust, relocate, or improve such facilities 1985
pursuant to agreements with the director, is taken in the name of 1986
the state, then, in the discretion of the director, the title to 1987
such lands may be conveyed to the railroad, public utility, 1988
political subdivision, or public corporation for which they were 1989
acquired. The conveyance shall be prepared by the attorney general 1990
and executed by the governor and bear the great seal of the state 1991
of Ohio. 1992

       The director, in the maintenance or repair of state highways, 1993
is not limited to the use of the materials with which the 1994
highways, including the bridges and culverts thereon, were 1995
originally constructed, but may use any material that is proper or 1996
suitable. The director may aid any board of county commissioners 1997
in establishing, creating, and repairing suitable systems of 1998
drainage for all highways within the jurisdiction or control of 1999
the board and advise with it as to the establishment, 2000
construction, improvement, maintenance, and repair of the 2001
highways. 2002

       Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 2003
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and 2004
5535. of the Revised Code do not prohibit the federal government, 2005
or any individual or corporation, from contributing a portion of 2006
the cost of the establishment, construction, reconstruction, 2007
relocating, widening, resurfacing, maintenance, and repair of the 2008
highways. 2009

       Except in the case of maintaining, repairing, erecting 2010
traffic signs on, or pavement marking of state highways within 2011
villages, which is mandatory as required by section 5521.01 of the 2012
Revised Code, and except as provided in section 5501.49 of the 2013
Revised Code, no duty of constructing, reconstructing, widening, 2014
resurfacing, maintaining, or repairing state highways within 2015
municipal corporations, or the ~~bridges and~~ culverts thereon, shall 2016
attach to or rest upon the director, but the director may 2017
construct, reconstruct, widen, resurface, maintain, and repair the 2018
same with or without the cooperation of any municipal corporation, 2019
or with or without the cooperation of boards of county 2020
commissioners upon each municipal corporation consenting thereto. 2021

       Sec. 5501.49. (A) The director of transportation is 2022
responsible for the construction, reconstruction, major and 2023
routine maintenance and repair, and operation of all ~~lift~~ bridges 2024
located on the state highway system within a municipal 2025
corporation. ~~The responsibilities of the director pertain only to~~ 2026
~~those lift bridges necessary for the initial construction or~~ 2027
~~continued operation of the state highway system. The county or~~ 2028
~~other person responsible for maintaining the pavements and~~ 2029
~~sidewalks on either end of the bridge is responsible for the~~ 2030
~~routine maintenance of all lift bridges located on the state~~ 2031
~~highway system within the municipal corporation, unless other~~ 2032
~~arrangements have been made between the county and the municipal~~ 2033
~~corporation to perform the routine maintenance.~~ 2034

       (B) The director may enter into an agreement with the 2035
legislative authority of a municipal corporation or a county, upon 2036
mutually agreeable terms, for the municipal corporation or county 2037
to operate and perform major and routine maintenance and repair on 2038
any ~~lift~~ bridge located on the state highway system within the 2039
municipal corporation or county. 2040

       (C) The director is not required to obtain the consent of a 2041
municipal corporation prior to the performance of any major ~~lift~~ 2042
or routine bridge maintenance and repair. Except in an emergency, 2043
the director shall give a municipal corporation reasonable notice 2044
prior to the performance of any work that will affect the flow of 2045
traffic. No utilities, signs, or other appurtenances shall be 2046
attached to a ~~lift~~ bridge without the prior written consent of the 2047
director. 2048

       (D) As used in this section: 2049

       (1) Major and routine maintenance and repair relates to all 2050
elements of a ~~lift~~ bridge, including abutments, wingwalls, and 2051
headwalls but excluding approach fill and approach slab, and 2052
appurtenances thereto. 2053

       (2) "Major maintenance" includes the painting of a ~~lift~~ 2054
bridge and the repair of deteriorated or damaged elements, 2055
including bridge decks, to restore the structural integrity of a 2056
~~lift~~ bridge. 2057

       (3) "Routine maintenance" includes without limitation, 2058
clearing debris from the deck, sweeping, snow and ice removal, 2059
minor wearing surface patching, cleaning bridge drainage systems, 2060
marking decks for traffic control, minor and emergency repairs to 2061
railing and appurtenances, emergency patching of deck, and 2062
maintenance of traffic signal and lighting systems, including the 2063
supply of electrical power. 2064

       (4) "Operation" relates to those expenses that are necessary 2065
for the routine, daily operation of a lift bridge, such as 2066
payroll, workers' compensation and retirement payments, and the 2067
cost of utilities. 2068

       Sec. 5502.03. (A) There is hereby created in the department 2069
of public safety a division of homeland security. ~~It is the intent~~ 2070
~~of the general assembly that the creation of the division of~~ 2071
~~homeland security of the department of public safety by this~~ 2072
~~amendment does not result in an increase of funding appropriated~~ 2073
~~to the department.~~ 2074

       (B) The division shall do all of the following: 2075

       (1) Coordinate all homeland security activities of all state 2076
agencies and be the liaison between state agencies and local 2077
entities for the purposes of communicating homeland security 2078
funding and policy initiatives; 2079

       (2) Collect, analyze, maintain, and disseminate information 2080
to support local, state, and federal law enforcement agencies, 2081
other government agencies, and private organizations in detecting, 2082
deterring, preventing, preparing for, responding to, and 2083
recovering from threatened or actual terrorist events. This 2084
information is not a public record pursuant to section 149.43 of 2085
the Revised Code. 2086

       (3) Coordinate efforts of state and local governments and 2087
private organizations to enhance the security and protection of 2088
critical infrastructure and key assets in this state; 2089

       (4) Develop and coordinate policies, protocols, and 2090
strategies that may be used to prevent, detect, prepare for, 2091
respond to, and recover from terrorist acts or threats; 2092

       (5) Develop, update, and coordinate the implementation of an 2093
Ohio homeland security strategic plan that will guide state and 2094
local governments in the achievement of homeland security in this 2095
state. 2096

       (C) The director of public safety shall appoint an executive 2097
director, who shall be head of the division of homeland security 2098
and who regularly shall advise the governor and the director on 2099
matters pertaining to homeland security. The executive director 2100
shall serve at the pleasure of the director of public safety. To 2101
carry out the duties assigned under this section, the executive 2102
director, subject to the direction and control of the director of 2103
public safety, may appoint and maintain necessary staff and may 2104
enter into any necessary agreements. 2105

       (D) Except as otherwise provided by law, nothing in this 2106
section shall be construed to give the director of public safety 2107
or the executive director of the division of homeland security 2108
authority over the incident management structure or 2109
responsibilities of local emergency response personnel. 2110

       Sec. 5502.62. (A) There is hereby created in the department 2111
of public safety a division of criminal justice services. The 2112
director of public safety, with the concurrence of the governor, 2113
shall appoint an executive director of the division of criminal 2114
justice services. The executive director shall be the head of the 2115
division. The executive director shall serve at the pleasure of 2116
the director of public safety. To carry out the duties assigned 2117
under this section and to comply with sections 5502.63 to 5502.66 2118
of the Revised Code, the executive director, subject to the 2119
direction and control of the director of public safety, may 2120
appoint and maintain any necessary staff and may enter into any 2121
necessary contracts and other agreements. The executive director 2122
of the division, and all professional and technical personnel 2123
employed within the division who are not public employees as 2124
defined in section 4117.01 of the Revised Code, shall be in the 2125
unclassified civil service, and all other persons employed within 2126
the division shall be in the classified civil service. 2127

       (B) Subject to division (F) of this section and subject to 2128
divisions (D) to (F) of section 5120.09 of the Revised Code 2129
insofar as those divisions relate to federal criminal justice acts 2130
that the governor requires the department of rehabilitation and 2131
correction to administer, the division of criminal justice 2132
services shall do all of the following: 2133

       (1) Serve as the state criminal justice services agency and 2134
perform criminal justice system planning in the state, including 2135
any planning that is required by any federal law; 2136

       (2) Collect, analyze, and correlate information and data 2137
concerning the criminal justice system in the state; 2138

       (3) Cooperate with and provide technical assistance to state 2139
departments, administrative planning districts, metropolitan 2140
county criminal justice services agencies, criminal justice 2141
coordinating councils, agencies, offices, and departments of the 2142
criminal justice system in the state, and other appropriate 2143
organizations and persons; 2144

       (4) Encourage and assist agencies, offices, and departments 2145
of the criminal justice system in the state and other appropriate 2146
organizations and persons to solve problems that relate to the 2147
duties of the division; 2148

       (5) Administer within the state any federal criminal justice 2149
acts that the governor requires it to administer; 2150

       (6) Administer funds received under the "Family Violence 2151
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. 2152
10401, as amended, with all powers necessary for the adequate 2153
administration of those funds, including the authority to 2154
establish a family violence prevention and services program; 2155

       (7) Implement the state comprehensive plans; 2156

       (8) Audit grant activities of agencies, offices, 2157
organizations, and persons that are financed in whole or in part 2158
by funds granted through the division; 2159

       (9) Monitor or evaluate the performance of criminal justice 2160
system projects and programs in the state that are financed in 2161
whole or in part by funds granted through the division; 2162

       (10) Apply for, allocate, disburse, and account for grants 2163
that are made available pursuant to federal criminal justice acts, 2164
or made available from other federal, state, or private sources, 2165
to improve the criminal justice system in the state. All money 2166
from such federal grants that require that the money be deposited 2167
into an interest-bearing fund or account, that are intended to 2168
provide funding to local criminal justice programs, and that 2169
require that investment earnings be distributed for program 2170
purposes shall be deposited in the state treasury to the credit of 2171
the federal justice programs funds, which are hereby created. A 2172
separate fund shall be established each federal fiscal year. All 2173
investment earnings of a federal justice programs fund shall be 2174
credited to that fund and distributed in accordance with the terms 2175
of the grant under which the money is received. If the terms under 2176
which the money is received do not require the money to be 2177
deposited into an interest-bearing fund or account, all money from 2178
such federal grants shall be deposited into the state treasury to 2179
the credit of the federal justice grants fund, which is hereby 2180
created. Money credited to the fund shall be used or distributed 2181
pursuant to the federal grant programs under which the money is 2182
received. 2183

       (11) Contract with federal, state, and local agencies, 2184
foundations, corporations, businesses, and persons when necessary 2185
to carry out the duties of the division; 2186

       (12) Oversee the activities of metropolitan county criminal 2187
justice services agencies, administrative planning districts, and 2188
criminal justice coordinating councils in the state; 2189

       (13) Advise the director of public safety, general assembly, 2190
and governor on legislation and other significant matters that 2191
pertain to the improvement and reform of criminal and juvenile 2192
justice systems in the state; 2193

       (14) Prepare and recommend legislation to the director of 2194
public safety, general assembly, and governor for the improvement 2195
of the criminal and juvenile justice systems in the state; 2196

       (15) Assist, advise, and make any reports that are requested 2197
or required by the governor, director of public safety, attorney 2198
general, or general assembly; 2199

       (16) Develop and maintain the Ohio incident-based reporting 2200
system in accordance with division (C) of this section; 2201

        (17) Subject to the approval of the director of public 2202
safety, adopt rules pursuant to Chapter 119. of the Revised Code; 2203

       (18)(a) Not later than June 1, 2007, and subject to the 2204
approval of the director of public safety, adopt rules for the 2205
establishment and maintenance of a mcgruff house program by any 2206
sponsoring agency. The rules shall include the following: 2207

       (i) The adoption of the mcgruff house symbol to be used 2208
exclusively in all mcgruff house programs in this state; 2209

       (ii) The requirements for any sponsoring agency to establish 2210
and maintain a mcgruff house program; 2211

       (iii) The criteria for the selection of volunteers to 2212
participate in a mcgruff house program that shall include, but not 2213
be limited to, criminal background checks of those volunteers; 2214

       (iv) Any other matters that the division of criminal justice 2215
services considers necessary for the establishment and maintenance 2216
of mcgruff house programs by sponsoring agencies and the 2217
participation of volunteers in those programs. 2218

       (b) The division of criminal justice services shall 2219
distribute materials and provide technical assistance to any 2220
sponsoring agency that establishes and maintains a mcgruff house 2221
program, any volunteer group or organization that provides 2222
assistance to that sponsoring agency, or any volunteer who 2223
participates in a mcgruff house program. 2224

       (C) The division of criminal justice services shall develop 2225
and maintain the Ohio incident-based reporting system to 2226
facilitate the sharing of information with the federal bureau of 2227
investigation and participating law enforcement agencies in Ohio. 2228
The Ohio incident-based reporting system shall be known as OIBRS. 2229
In connection with OIBRS, the division shall do all of the 2230
following: 2231

        (1) Collect and organize statistical data for reporting to 2232
the national incident-based reporting system operated by the 2233
federal bureau of investigation for the purpose of securing 2234
federal criminal justice grants; 2235

        (2) Analyze and highlight mapping data for participating law 2236
enforcement agencies; 2237

        (3) Distribute data and analyses to participating law 2238
enforcement agencies; 2239

        (4) Encourage nonparticipating law enforcement agencies to 2240
participate in OIBRS by offering demonstrations, training, and 2241
technical assistance; 2242

        (5) Provide assistance, advice, and reports requested by the 2243
governor, the general assembly, or the federal bureau of 2244
investigation; 2245

        (6) Require every law enforcement agency that receives 2246
federal criminal justice grants or state criminal justice 2247
information system general revenue funds through the division to 2248
participate in OIBRS or in the uniform crime reporting program of 2249
the federal bureau of investigation. An agency that submits OIBRS 2250
data to the Ohio local law enforcement information sharing network 2251
shall be considered to be in compliance with division (C)(6) of 2252
this section if both of the following apply: 2253

        (a) The Ohio local law enforcement information sharing 2254
network is capable of collecting OIBRS data. 2255

        (b) The division of criminal justice services has the 2256
ability to extract the OIBRS data for reporting to the national 2257
incident-based reporting system in the manner required by the 2258
federal bureau of investigation. 2259

        (D) Upon the request of the director of public safety or 2260
governor, the division of criminal justice services may do any of 2261
the following: 2262

       (1) Collect, analyze, or correlate information and data 2263
concerning the juvenile justice system in the state; 2264

       (2) Cooperate with and provide technical assistance to state 2265
departments, administrative planning districts, metropolitan 2266
county criminal justice service agencies, criminal justice 2267
coordinating councils, agency offices, and the departments of the 2268
juvenile justice system in the state and other appropriate 2269
organizations and persons; 2270

       (3) Encourage and assist agencies, offices, and departments 2271
of the juvenile justice system in the state and other appropriate 2272
organizations and persons to solve problems that relate to the 2273
duties of the division. 2274

       (E) Divisions (B), (C), and (D) of this section do not limit 2275
the discretion or authority of the attorney general with respect 2276
to crime victim assistance and criminal justice programs. 2277

       (F) Nothing in this section is intended to diminish or alter 2278
the status of the office of the attorney general as a criminal 2279
justice services agency or to diminish or alter the status or 2280
discourage the development and use of other law enforcement 2281
information systems in Ohio. 2282

       Sec. 5502.67. There is hereby created in the state treasury 2283
the justice program services fund. The fund shall consist of all 2284
money collected by the division of criminal justice services for 2285
nonfederal purposes, including subscription fees for participating 2286
in the Ohio incident-based reporting system under division (C) of 2287
section 5502.62 of the Revised Code, unless otherwise designated 2288
by law. The justice program services fund shall be used to pay 2289
costs of administering the operations of the division of criminal 2290
justice services. 2291

       Sec. 5516.01. As used in sections 5516.01 to 5516.14 of the 2292
Revised Code: 2293

       (A) "Advertising device" includes any outdoor sign, display, 2294
device, figure, painting, drawing, message, placard, poster, 2295
billboard, or any other contrivance designed, intended, or used to 2296
advertise or to give information in the nature of advertising, or 2297
any part thereof, the advertising or informative contents of which 2298
are visible from the main traveled way of any highway on the 2299
interstate system or primary system in this state. 2300

       (B) "Visible" means capable of being seen and comprehended 2301
without visual aid by a person traveling the posted speed limit on 2302
the main traveled way of the highway. 2303

       (C) "Interstate system" means that portion of the interstate 2304
system, or the national highway system, located within this state, 2305
~~as designated by the director of transportation and approved by~~ 2306
~~the secretary of transportation of the United States, pursuant to~~ 2307
~~23 U.S.C.A. 103(b) and (e)~~. 2308

       (D) "Erect" means to construct or allow to be constructed, 2309
but it shall not include any activity when performed as an 2310
incident to the change of advertising message or normal 2311
maintenance of a sign or sign structure. 2312

       (E) "Maintain" means to preserve, keep in repair, continue, 2313
allow to exist, or restore. 2314

       (F) "National policy" means the provisions of 23 U.S.C.A. 131 2315
and the national standards, criteria, and rules promulgated 2316
pursuant to such provisions. 2317

       (G) "Primary system" means ~~that portion of the state highway~~ 2318
~~system or~~the federal-aid primary system in existence on June 1, 2319
1991, and any highway that is not on such system but that is on 2320
the national highway system ~~located within this state as~~ 2321
~~designated by the director and approved by the secretary of~~ 2322
~~transportation of the United States, pursuant to 23 U.S.C.A.~~ 2323
~~103(b)~~. 2324

       (H) "Zoned commercial or industrial areas" means those 2325
nonagricultural areas which are reserved for business, commerce, 2326
or trade, pursuant to local zoning laws, regulations, or state 2327
laws. 2328

       (I) "Unzoned commercial or industrial area" means an area not 2329
zoned by state or local law, regulation, or ordinance, in which 2330
there is located one or more commercial or industrial activities. 2331
Such area may also include the lands along the highway for a 2332
distance of eight hundred fifty feet immediately adjacent to such 2333
activities. This distance shall be measured from the buildings, 2334
parking lots, storage or processing areas of the activities, and 2335
along or parallel to the near edge of the main traveled way of the 2336
highway. This distance shall not include land on the opposite side 2337
of the highway from such activities, nor land predominantly used 2338
for residential purposes. An area shall be considered 2339
predominately residential if fifty per cent or more of the eight 2340
hundred fifty feet immediately adjacent to the activities contains 2341
land used as residential property. Each side of the highway will 2342
be considered separately in applying this definition. 2343

       (J) "Commercial or industrial activities" means those 2344
activities generally recognized as commercial or industrial by 2345
zoning authorities of this state. The following activities shall 2346
not be considered commercial or industrial: 2347

       (1) Activities relating to advertising structures; 2348

       (2) Agricultural, forestry, ranching, grazing, farming, and 2349
related activities, including, but not limited to, activities 2350
relating to wayside fresh produce stands; 2351

       (3) Transient or temporary activities; 2352

       (4) Activities not visible from the main traveled way; 2353

       (5) Activities located more than six hundred sixty feet from 2354
the nearest edge of the right-of-way; 2355

       (6) Activities conducted in a building principally used as a 2356
residence; 2357

       (7) Activities relating to railroad tracks and minor sidings; 2358

       (8) Activities relating to highways, roads, and streets. 2359

       (K) "Directional and official signs and notices" means those 2360
signs and notices that are required or authorized by law and 2361
conform to the rules for such signs and notices as adopted by the 2362
director in accordance with 23 C.F.R. 750.151 to 750.155. 2363

       (L) "Nonconforming advertising device" means an advertising 2364
device that was: 2365

       (1) Lawfully in existence prior to December 7, 1971; 2366

       (2) Lawfully on any highway made a part of the interstate 2367
system or primary highway system on or after December 7, 1971; 2368

       (3) Lawfully erected prior to any revision in the law 2369
effective December 7, 1971; or 2370

       (4) Lawfully erected but: 2371

       (a) No longer in compliance with the provisions of state law 2372
enacted or rules adopted at a later date; or 2373

       (b) No longer in compliance with state laws or rules due to 2374
changed conditions, including, but not limited to, zoning changes, 2375
highway relocation, highway reclassification, or changes in 2376
restrictions on sizing, lighting, spacing, or distance of 2377
advertising devices. 2378

       Illegally erected or maintained advertising devices are not 2379
nonconforming signs. 2380

       (M) "Scenic byway" means any linear transportation corridor 2381
as designated or as may hereafter be so designated by the director 2382
under the Ohio scenic byways program as having outstanding scenic 2383
qualities. 2384

       (N) "Director" means the director of the Ohio department of 2385
transportation. 2386

       (O) "Commercial or industrial zone" means those areas 2387
established by any state, county, municipal, or other local zoning 2388
authority as being most appropriate for business, commerce, 2389
industry, or trade. Any action taken by a state, county, 2390
municipal, or other local zoning authority that is not part of 2391
comprehensive zoning and is created primarily to permit outdoor 2392
advertising devices shall not be considered a commercial or 2393
industrial zone for purposes of this chapter. 2394

       (P) "Last permit holder" includes any of the following: 2395

       (1) The most recent holder of the advertising device permit; 2396

       (2) A business, cooperative, corporation, enterprise, joint 2397
venture, limited liability company, partnership, sole 2398
proprietorship, or subsidiary, the viability of which is dependant 2399
on its relationship with the most recent holder of the advertising 2400
device permit; 2401

       (3) Any person or entity that is closely related to or 2402
closely connected with the most recent holder of the advertising 2403
device permit. 2404

       (Q) "Professional sports facility" means all or a portion of 2405
a stadium, arena, motorsports complex, or other facility, 2406
including all parking facilities, walkways, and other auxiliary 2407
facilities that may be used for or in connection with the sports 2408
facility or its operation, the primary purpose of which is to 2409
provide a site or venue for the presentation to the public of 2410
either of the following: 2411

        (1) Events of one or more major or minor league professional 2412
athletic or sports teams that are associated with the state or 2413
with a city or region of the state; 2414

        (2) Motorsports events. 2415

       Sec. 5537.16. (A) The Ohio turnpike commission may adopt 2416
such bylaws and rules as it considers advisable for the control 2417
and regulation of traffic on any turnpike project, for the 2418
protection and preservation of property under its jurisdiction and 2419
control, and for the maintenance and preservation of good order 2420
within the property under its control. The rules of the commission 2421
with respect to the speed, use of special engine brakes, axle 2422
loads, vehicle loads, and vehicle dimensions of vehicles on 2423
turnpike projects, including the issuance of a special permit by 2424
the commission to allow the operation on any turnpike project of a 2425
motor vehicle transporting two or fewer steel coils, shall apply 2426
notwithstanding sections 4511.21 to 4511.24, 4513.34, and Chapter 2427
5577. of the Revised Code. Such bylaws and rules shall be 2428
published in a newspaper of general circulation in Franklin 2429
county, and in such other manner as the commission prescribes. 2430

       (B) Such rules shall provide that public police officers 2431
shall be afforded ready access, while in the performance of their 2432
official duty, to all property under the jurisdiction of the 2433
commission and without the payment of tolls. 2434

       (C) No person shall violate any such bylaws or rules of the 2435
commission. All fines collected for the violation of applicable 2436
laws of the state and the bylaws and rules of the commission or 2437
moneys arising from bonds forfeited for such violation shall be 2438
disposed of in accordance with section 5503.04 of the Revised 2439
Code. 2440

       Sec. 5537.31. The Ohio turnpike commission shall establish a 2441
procedure by which to receive and investigate complaints of noise, 2442
standing water, water run-off, or any other problem from land 2443
owners whose property is contiguous to any section of the Ohio 2444
turnpike system. If the commission finds that the problem is 2445
caused by that turnpike project, it shall make repairs or take 2446
whatever other action is necessary to resolve the problem. 2447

       Costs incurred by the commission in fulfilling its duties 2448
under this section shall be paid from money in the community 2449
resolution fund created in section 5537.32 of the Revised Code. 2450

       Sec. 5537.32. There is hereby created the community 2451
resolution fund, which shall be in the custody of the treasurer of 2452
state but shall not be part of the state treasury. The fund shall 2453
consist of all money appropriated or transferred to the fund. 2454
Money in the fund shall be used by the Ohio turnpike commission 2455
for payment of the costs incurred by the commission in fulfilling 2456
its duties under section 5537.31 of the Revised Code. 2457

       The treasurer of state shall invest any portion of the fund 2458
not needed for immediate use in the same manner as, and subject to 2459
all provisions of law with respect to the investment of, state 2460
funds. All investment earnings of the fund shall be credited to 2461
the fund. 2462

       Sec. 5577.05. (A) No vehicle shall be operated upon the 2463
public highways, streets, bridges, and culverts within the state, 2464
whose dimensions exceed those specified in this section. 2465

       (B) No such vehicle shall have a width in excess of: 2466

       (1) One hundred four inches for passenger bus type vehicles 2467
operated exclusively within municipal corporations; 2468

       (2) One hundred two inches, excluding such safety devices as 2469
are required by law, for passenger bus type vehicles operated over 2470
freeways, and such other state roads with minimum pavement widths 2471
of twenty-two feet, except those roads or portions thereof over 2472
which operation of one hundred two-inch buses is prohibited by 2473
order of the director of transportation; 2474

       (3) One hundred thirty-two inches for traction engines; 2475

       (4) One hundred two inches for recreational vehicles, 2476
excluding safety devices and retracted awnings and other 2477
appurtenances of six inches or less in width and except that the 2478
director may prohibit the operation of one hundred two inch 2479
recreational vehicles on designated state highways or portions of 2480
highways; 2481

       (5) One hundred two inches, including load, for all other 2482
vehicles, except that the director may prohibit the operation of 2483
one hundred two-inch vehicles on such state highways or portions 2484
thereof as the director designates. 2485

       (C) No such vehicle shall have a length in excess of: 2486

       (1) Sixty-six feet for passenger bus type vehicles and 2487
articulated passenger bus type vehicles operated by a regional 2488
transit authority pursuant to sections 306.30 to 306.54 of the 2489
Revised Code; 2490

       (2) Forty-five feet for all other passenger bus type 2491
vehicles; 2492

       (3) Fifty-three feet for any semitrailer when operated in a 2493
commercial tractor-semitrailer combination, with or without load, 2494
except that the director may prohibit the operation of any such 2495
commercial tractor-semitrailer combination on such state highways 2496
or portions thereof as the director designates. 2497

       (4) Twenty-eight and one-half feet for any semitrailer or 2498
trailer when operated in a commercial tractor-semitrailer-trailer 2499
or commercial tractor-semitrailer-semitrailer combination, except 2500
that the director may prohibit the operation of any such 2501
commercial tractor-semitrailer-trailer or commercial 2502
tractor-semitrailer-semitrailer combination on such state highways 2503
or portions thereof as the director designates; 2504

       (5)(a) Ninety-seven feet for drive-away saddlemount vehicle 2505
transporter combinations and drive-away saddlemount with fullmount 2506
vehicle transporter combinations when operated on any interstate, 2507
United States route, or state route, including reasonable access 2508
travel on all other roadways for a distance not to exceed one road 2509
mile from any interstate, United States route, or state route, not 2510
to exceed three saddlemounted vehicles, but which may include one 2511
fullmount; 2512

       (b) Seventy-five feet for drive-away saddlemount vehicle 2513
transporter combinations and drive-away saddlemount with fullmount 2514
vehicle transporter combinations, when operated on any roadway not 2515
designated as an interstate, United States route, or state route, 2516
not to exceed three saddlemounted vehicles, but which may include 2517
one fullmount.; 2518

       (6) Sixty-five feet for any other combination of vehicles 2519
coupled together, with or without load, except as provided in 2520
divisions (C)(3) and (4), and in division (E) of this section; 2521

       (7) Forty-five feet for recreational vehicles; 2522

       (8) Forty feet for all other vehicles except trailers and 2523
semitrailers, with or without load. 2524

       (D) No such vehicle shall have a height in excess of thirteen 2525
feet six inches, with or without load. 2526

       (E) An automobile transporter or boat transporter shall be 2527
allowed a length of sixty-five feet and a stinger-steered 2528
automobile transporter or stinger-steered boat transporter shall 2529
be allowed a length of seventy-five feet, except that the load 2530
thereon may extend no more than four feet beyond the rear of such 2531
vehicles and may extend no more than three feet beyond the front 2532
of such vehicles, and except further that the director may 2533
prohibit the operation of a stinger-steered automobile 2534
transporter, stinger-steered boat transporter, or a B-train 2535
assembly on any state highway or portion thereof that the director 2536
designates. 2537

        (F) The widths prescribed in division (B) of this section 2538
shall not include side mirrors, turn signal lamps, marker lamps, 2539
handholds for cab entry and egress, flexible fender extensions, 2540
mud flaps, splash and spray suppressant devices, and load-induced 2541
tire bulge. 2542

       The width prescribed in division (B)(5) of this section shall 2543
not include automatic covering devices, tarp and tarp hardware, 2544
and tiedown assemblies, provided these safety devices do not 2545
extend more than three inches from each side of the vehicle. 2546

       The lengths prescribed in divisions (C)(2) to ~~(7)~~(8) of this 2547
section shall not include safety devices, bumpers attached to the 2548
front or rear of such bus or combination, B-train assembly used 2549
between the first and second semitrailer of a commercial 2550
tractor-semitrailer-semitrailer combination, energy conservation 2551
devices as provided in any regulations adopted by the secretary of 2552
the United States department of transportation, or any 2553
noncargo-carrying refrigeration equipment attached to the front of 2554
trailers and semitrailers. In special cases, vehicles whose 2555
dimensions exceed those prescribed by this section may operate in 2556
accordance with rules adopted by the director. 2557

       (G) This section does not apply to fire engines, fire trucks, 2558
or other vehicles or apparatus belonging to any municipal 2559
corporation or to the volunteer fire department of any municipal 2560
corporation or used by such department in the discharge of its 2561
functions. This section does not apply to vehicles and pole 2562
trailers used in the transportation of wooden and metal poles, nor 2563
to the transportation of pipes or well-drilling equipment, nor to 2564
farm machinery and equipment. The owner or operator of any 2565
vehicle, machinery, or equipment not specifically enumerated in 2566
this section but the dimensions of which exceed the dimensions 2567
provided by this section, when operating the same on the highways 2568
and streets of this state, shall comply with the rules of the 2569
director governing such movement, which the director may adopt. 2570
Sections 119.01 to 119.13 of the Revised Code apply to any rules 2571
the director adopts under this section, or the amendment or 2572
rescission thereof, and any person adversely affected shall have 2573
the same right of appeal as provided in those sections. 2574

       This section does not require the state, a municipal 2575
corporation, county, township, or any railroad or other private 2576
corporation to provide sufficient vertical clearance to permit the 2577
operation of such vehicle, or to make any changes in or about 2578
existing structures now crossing streets, roads, and other public 2579
thoroughfares in this state. 2580

       (H) As used in this section, "recreational vehicle" has the 2581
same meaning as in section 4501.01 of the Revised Code. 2582

       Sec. 5591.02. ~~Except as provided in section 5501.49 of the~~ 2583
~~Revised Code, the~~The board of county commissioners shall 2584
construct and keep in repair all necessary bridges in municipal 2585
corporations on all ~~state and~~ county roads and improved roads 2586
~~which~~that are of general and public utility, running into or 2587
through the municipal corporations, and that are not on state 2588
highways. 2589

       Sec. 5735.05. (A) To provide revenue for maintaining the 2590
state highway system; to widen existing surfaces on such highways; 2591
to resurface such highways; to pay that portion of the 2592
construction cost of a highway project which a county, township, 2593
or municipal corporation normally would be required to pay, but 2594
which the director of transportation, pursuant to division (B) of 2595
section 5531.08 of the Revised Code, determines instead will be 2596
paid from moneys in the highway operating fund; to enable the 2597
counties of the state properly to plan, maintain, and repair their 2598
roads and to pay principal, interest, and charges on bonds and 2599
other obligations issued pursuant to Chapter 133. of the Revised 2600
Code or incurred pursuant to section 5531.09 of the Revised Code 2601
for highway improvements; to enable the municipal corporations to 2602
plan, construct, reconstruct, repave, widen, maintain, repair, 2603
clear, and clean public highways, roads, and streets, and to pay 2604
the principal, interest, and charges on bonds and other 2605
obligations issued pursuant to Chapter 133. of the Revised Code or 2606
incurred pursuant to section 5531.09 of the Revised Code for 2607
highway improvements; to enable the Ohio turnpike commission to 2608
construct, reconstruct, maintain, and repair turnpike projects; to 2609
maintain and repair bridges and viaducts; to purchase, erect, and 2610
maintain street and traffic signs and markers; to purchase, erect, 2611
and maintain traffic lights and signals; to pay the costs 2612
apportioned to the public under sections 4907.47 and 4907.471 of 2613
the Revised Code and to supplement revenue already available for 2614
such purposes; to pay the costs incurred by the public utilities 2615
commission in administering sections 4907.47 to 4907.476 of the 2616
Revised Code; to distribute equitably among those persons using 2617
the privilege of driving motor vehicles upon such highways and 2618
streets the cost of maintaining and repairing them; to pay the 2619
interest, principal, and charges on highway capital improvements 2620
bonds and other obligations issued pursuant to Section 2m of 2621
Article VIII, Ohio Constitution, and section 151.06 of the Revised 2622
Code; to pay the interest, principal, and charges on highway 2623
obligations issued pursuant to Section 2i of Article VIII, Ohio 2624
Constitution, and sections 5528.30 and 5528.31 of the Revised 2625
Code; to pay the interest, principal, and charges on major new 2626
state infrastructure bonds and other obligations of the state 2627
issued pursuant to Section 13 of Article VIII, Ohio Constitution, 2628
and section 5531.10 of the Revised Code; to provide revenue for 2629
the purposes of sections 1547.71 to 1547.78 of the Revised Code; 2630
and to pay the expenses of the department of taxation incident to 2631
the administration of the motor fuel laws, a motor fuel excise tax 2632
is hereby imposed on all motor fuel dealers upon receipt of motor 2633
fuel within this state at the rate of two cents plus the cents per 2634
gallon rate on each gallon so received, to be computed in the 2635
manner set forth in section 5735.06 of the Revised Code; provided 2636
that no tax is hereby imposed upon the following transactions: 2637

       (1) The sale of dyed diesel fuel by a licensed motor fuel 2638
dealer from a location other than a retail service station 2639
provided the licensed motor fuel dealer places on the face of the 2640
delivery document or invoice, or both if both are used, a 2641
conspicuous notice stating that the fuel is dyed and is not for 2642
taxable use, and that taxable use of that fuel is subject to a 2643
penalty. The tax commissioner, by rule, may provide that any 2644
notice conforming to rules or regulations issued by the United 2645
States department of the treasury or the Internal Revenue Service 2646
is sufficient notice for the purposes of division (A)(1) of this 2647
section. 2648

       (2) The sale of K-1 kerosene to a retail service station, 2649
except when placed directly in the fuel supply tank of a motor 2650
vehicle. Such sale shall be rebuttably presumed to not be 2651
distributed or sold for use or used to generate power for the 2652
operation of motor vehicles upon the public highways or upon the 2653
waters within the boundaries of this state. 2654

       (3) The sale of motor fuel by a licensed motor fuel dealer to 2655
another licensed motor fuel dealer; 2656

       (4) The exportation of motor fuel by a licensed motor fuel 2657
dealer from this state to any other state or foreign country; 2658

       (5) The sale of motor fuel to the United States government or 2659
any of its agencies, except such tax as is permitted by it, where 2660
such sale is evidenced by an exemption certificate, in a form 2661
approved by the tax commissioner, executed by the United States 2662
government or an agency thereof certifying that the motor fuel 2663
therein identified has been purchased for the exclusive use of the 2664
United States government or its agency; 2665

       (6) The sale of motor fuel that is in the process of 2666
transportation in foreign or interstate commerce, except insofar 2667
as it may be taxable under the Constitution and statutes of the 2668
United States, and except as may be agreed upon in writing by the 2669
dealer and the commissioner; 2670

       (7) The sale of motor fuel when sold exclusively for use in 2671
the operation of aircraft, where such sale is evidenced by an 2672
exemption certificate prescribed by the commissioner and executed 2673
by the purchaser certifying that the motor fuel purchased has been 2674
purchased for exclusive use in the operation of aircraft; 2675

       (8) The sale for exportation of motor fuel by a licensed 2676
motor fuel dealer to a licensed exporter type A; 2677

       (9) The sale for exportation of motor fuel by a licensed 2678
motor fuel dealer to a licensed exporter type B, provided that the 2679
destination state motor fuel tax has been paid or will be accrued 2680
and paid by the licensed motor fuel dealer. 2681

       (10) The sale to a consumer of diesel fuel, by a motor fuel 2682
dealer for delivery from a bulk lot vehicle, for consumption in 2683
operating a vessel when the use of such fuel in a vessel would 2684
otherwise qualify for a refund under section 5735.14 of the 2685
Revised Code. 2686

       Division (A)(1) of this section does not apply to the sale or 2687
distribution of dyed diesel fuel used to operate a motor vehicle 2688
on the public highways or upon water within the boundaries of this 2689
state by persons permitted under regulations of the United States 2690
department of the treasury or of the Internal Revenue Service to 2691
so use dyed diesel fuel. 2692

       (B) The two cent motor fuel tax levied by this section is 2693
also for the purpose of paying the expenses of administering and 2694
enforcing the state law relating to the registration and operation 2695
of motor vehicles. 2696

       (C) After the tax provided for by this section on the receipt 2697
of any motor fuel has been paid by the motor fuel dealer, the 2698
motor fuel may thereafter be used, sold, or resold by any person 2699
having lawful title to it, without incurring liability for such 2700
tax. 2701

       If a licensed motor fuel dealer sells motor fuel received by 2702
the licensed motor fuel dealer to another licensed motor fuel 2703
dealer, the seller may deduct on the report required by section 2704
5735.06 of the Revised Code the number of gallons so sold for the 2705
month within which the motor fuel was sold or delivered. In this 2706
event the number of gallons is deemed to have been received by the 2707
purchaser, who shall report and pay the tax imposed thereon. 2708

       Sec. 5751.032. (A) As used in this section: 2709

       (1) "CAT" refers to the tax levied by this chapter. 2710

       (2) "CAT collected" means, with regard to a CAT test period, 2711
the net amount of CAT, exclusive of registration fees, received in 2712
the period after subtracting any CAT refunded in the period and 2713
after subtracting the amount certified to the director of budget 2714
and management under division (B) of section 5751.20 of the 2715
Revised Code for collections during the test period. 2716

       (3) "First CAT test period" means the twenty-four month 2717
period beginning July 1, 2005, and ending June 30, 2007. 2718

       (4) "Second CAT test period" means the twelve-month period 2719
beginning July 1, 2008, and ending June 30, 2009. 2720

       (5) "Third CAT test period" means the twelve-month period 2721
beginning July 1, 2010, and ending June 30, 2011. 2722

       (B) Not later than the last day of September immediately 2723
following the end of each CAT test period, the tax commissioner 2724
shall compute the amount of CAT collected during that test period. 2725
If the amount is less than ninety per cent or greater than one 2726
hundred ten per cent of the prescribed CAT collections for that 2727
period, the commissioner shall proceed as provided in division (C) 2728
or (D) of this section, as applicable. For the purposes of 2729
division (B) of this section, the prescribed CAT collections for 2730
the CAT test periods are as follows: 2731

       (1) For the first CAT test period, eight hundred fifteen 2732
million dollars; 2733

       (2) For the second CAT test period, one billion one hundred 2734
ninety million dollars less any amount credited to the commercial 2735
activity tax reduction fund with regard to the first CAT test 2736
period; 2737

       (3) For the third CAT test period, one billion six hundred 2738
ten million dollars less any amount credited to the commercial 2739
activity tax reduction fund with regard to the second CAT test 2740
period. 2741

       (C)(1) If the amount of CAT collected during a CAT test 2742
period is less than ninety per cent of the prescribed CAT 2743
collections for that test period, the tax commissioner shall 2744
determine a new tax rate equal to the tax rate that would have 2745
yielded the prescribed CAT collections during that test period. 2746
The tax rate shall be the rate that would have to be imposed under 2747
division (A) of section 5751.03 of the Revised Code before any 2748
applicable phase-in percentages under section 5751.031 of the 2749
Revised Code or otherwise provided by law to yield the prescribed 2750
CAT collection after applying any applicable phase-in percentages. 2751

        (2) If the amount of CAT collected during a CAT test period 2752
exceeds one hundred ten per cent of the prescribed CAT collections 2753
for that test period, the tax commissioner shall determine a new 2754
tax rate equal to the tax rate that would have yielded the 2755
prescribed CAT collections during that test period less one-half 2756
of the amount of the excess that was certified to the director of 2757
budget and management for the test period under division (D) of 2758
this section. The tax rate shall be the rate that would have to be 2759
imposed under division (A) of section 5751.03 of the Revised Code 2760
before any applicable phase-in percentages under section 5751.031 2761
of the Revised Code or otherwise provided by law to yield the 2762
prescribed CAT collection after applying any applicable phase-in 2763
percentages. 2764

       (3) A new tax rate computed under division (C)(1) or (2) of 2765
this section shall be expressed as a number of mills per dollar, 2766
rounded to the nearest one-hundredth of one mill. The rate shall 2767
be rounded upward by one-hundredth of one mill only if the next 2768
decimal digit is five or more. 2769

       (4) Not later than the last day of September following the 2770
end of the CAT test period on the basis of which a new tax rate is 2771
computed, the tax commissioner shall certify the new tax rate to 2772
the governor, the president of the senate, the speaker of the 2773
house of representatives, and all other members of the general 2774
assembly. The commissioner shall publish the new tax rate by 2775
journal entry and provide notice of the new tax rate to taxpayers. 2776
The new tax rate shall be the rate imposed under division (A) of 2777
section 5751.03 of the Revised Code beginning with the ensuing 2778
calendar year, and is subject to any applicable phase-in 2779
percentages provided for under section 5751.031 of the Revised 2780
Code. 2781

       (D) If the amount of CAT collected during a CAT test period 2782
exceeds one hundred ten per cent of the prescribed CAT collections 2783
for that test period, the tax commissioner shall certify the 2784
excess amount to the director of budget and management not later 2785
than the last day of September immediately following the end of 2786
that test period. The director shall forthwith transfer from the 2787
general revenue fund one-half of the amount of the excess so 2788
certified to the commercial activity tax refund fund, which is 2789
hereby created in the state treasury, and the remaining one-half 2790
of the amount of the excess to the budget stabilization fund. All 2791
money credited to the commercial activity tax refund fund shall be 2792
applied to reimburse the general revenue fund, school district 2793
tangible property tax replacement fund, and local government 2794
tangible property tax replacement fund for the diminution in 2795
revenue caused by the credit provided under division (D) of 2796
section 5751.03 of the Revised Code. On or before the last day of 2797
May, August, and October of the calendar year that begins after 2798
the end of the test period, and on or before the last day of 2799
February of the following calendar year, the director of budget 2800
and management shall transfer one-fourth of the amount that had 2801
been transferred to the commercial activity tax refund fund to 2802
each of those funds in the proportions specified under division 2803
(B) of section 5751.21 of the Revised Code. 2804

       In the calendar year that begins immediately after the year 2805
in which a transfer is made to the commercial activity tax refund 2806
fund, the tax commissioner shall compute the amount to be 2807
credited, under division (D) of section 5751.03 of the Revised 2808
Code, to each taxpayer that paid in full the tax imposed under 2809
this chapter for the calendar year in which the transfer was made. 2810
The credit allowed to each such taxpayer shall equal the amount 2811
transferred to the commercial activity tax refund fund multiplied 2812
by a fraction, the numerator of which is the amount of tax paid by 2813
that taxpayer for that calendar year and the denominator of which 2814
is the total of the taxes paid by all such taxpayers for which the 2815
credit is allowed. The credit applies only to the calendar year 2816
that begins immediately after the year in which a transfer is made 2817
to the commercial activity tax refund fund under this division. 2818

       (E) It is the intent of the General Assembly to conduct a 2819
review of the prescribed CAT collections and rate adjustments 2820
provided for under divisions (A) to (D) of this section every two 2821
years in conjunction with its biennial budget deliberations, and 2822
to establish lower prescribed CAT collections or reduce the rate 2823
of tax levied under this chapter on the basis of the following 2824
three factors: 2825

       (1) The revenue yield of the tax; 2826

       (2) The condition of the Ohio economy; 2827

       (3) Savings realized by ongoing reform to medicaid and other 2828
policy initiatives. 2829

       Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of 2830
the Revised Code: 2831

       (1) "School district," "joint vocational school district," 2832
"local taxing unit," "state education aid," "recognized 2833
valuation," "fixed-rate levy," and "fixed-sum levy" have the same 2834
meanings as used in section 5727.84 of the Revised Code. 2835

       (2) "State education aid offset" means the amount determined 2836
for each school district or joint vocational school district under 2837
division (A)(1) of section 5751.21 of the Revised Code. 2838

       (3) "Machinery and equipment property tax value loss" means 2839
the amount determined under division (C)(1) of this section. 2840

       (4) "Inventory property tax value loss" means the amount 2841
determined under division (C)(2) of this section. 2842

       (5) "Furniture and fixtures property tax value loss" means 2843
the amount determined under division (C)(3) of this section. 2844

        (6) "Machinery and equipment fixed-rate levy loss" means the 2845
amount determined under division (D)(1) of this section. 2846

       (7) "Inventory fixed-rate levy loss" means the amount 2847
determined under division (D)(2) of this section. 2848

       (8) "Furniture and fixtures fixed-rate levy loss" means the 2849
amount determined under division (D)(3) of this section. 2850

       (9) "Total fixed-rate levy loss" means the sum of the 2851
machinery and equipment fixed-rate levy loss, the inventory 2852
fixed-rate levy loss, the furniture and fixtures fixed-rate levy 2853
loss, and the telephone company fixed-rate levy loss. 2854

       (10) "Fixed-sum levy loss" means the amount determined under 2855
division (E) of this section. 2856

       (11) "Machinery and equipment" means personal property 2857
subject to the assessment rate specified in division (F) of 2858
section 5711.22 of the Revised Code. 2859

       (12) "Inventory" means personal property subject to the 2860
assessment rate specified in division (E) of section 5711.22 of 2861
the Revised Code. 2862

       (13) "Furniture and fixtures" means personal property subject 2863
to the assessment rate specified in division (G) of section 2864
5711.22 of the Revised Code. 2865

       (14) "Qualifying levies" are levies in effect for tax year 2866
2004 or applicable to tax year 2005 or approved at an election 2867
conducted before September 1, 2005. For the purpose of determining 2868
the rate of a qualifying levy authorized by section 5705.212 or 2869
5705.213 of the Revised Code, the rate shall be the rate that 2870
would be in effect for tax year 2010. 2871

       (15) "Telephone property" means tangible personal property of 2872
a telephone, telegraph, or interexchange telecommunications 2873
company subject to an assessment rate specified in section 2874
5727.111 of the Revised Code in tax year 2004. 2875

       (16) "Telephone property tax value loss" means the amount 2876
determined under division (C)(4) of this section. 2877

       (17) "Telephone property fixed-rate levy loss" means the 2878
amount determined under division (D)(4) of this section. 2879

       (B) The commercial activities tax receipts fund is hereby 2880
created in the state treasury and shall consist of money arising 2881
from the tax imposed under this chapter. ~~All money in that~~Each 2882
month, the tax commissioner shall determine the amount of revenue, 2883
if any, arising from imposition of a tax levied on the basis of 2884
taxable gross receipts from the sale, exchange, or other transfer 2885
of motor fuel as defined in section 5735.01 of the Revised Code, 2886
and shall certify that amount to the director of budget and 2887
management. Within ten days after receiving the certification, the 2888
director shall transfer the amount of revenue certified from the 2889
commercial activities tax receipts fund to the economic 2890
development and highway construction fund, which is hereby created 2891
in the state treasury. Money in the economic development and 2892
highway construction fund shall be appropriated and expended 2893
pursuant to Ohio Constitution, Article XII, Section 5a, solely for 2894
the purpose of constructing and maintaining the state's highway 2895
infrastructure and thereby promoting economic development 2896
throughout the state. After the monthly transfer to the economic 2897
development and highway construction fund, all money remaining in 2898
the commercial activities tax receipts fund shall be credited for 2899
each fiscal year in the following percentages to the general 2900
revenue fund, to the school district tangible property tax 2901
replacement fund, which is hereby created in the state treasury 2902
for the purpose of making the payments described in section 2903
5751.21 of the Revised Code, and to the local government tangible 2904
property tax replacement fund, which is hereby created in the 2905
state treasury for the purpose of making the payments described in 2906
section 5751.22 of the Revised Code, in the following percentages: 2907

Fiscal year General Revenue Fund School District Tangible Property Tax Replacement Fund Local Government Tangible Property Tax Replacement Fund 2908

2006 67.7% 22.6% 9.7% 2909

2007 0% 70.0% 30.0% 2910

2008 0% 70.0% 30.0% 2911

2009 0% 70.0% 30.0% 2912

2010 0% 70.0% 30.0% 2913

2011 0% 70.0% 30.0% 2914

2012 5.3% 70.0% 24.7% 2915

2013 19.4% 70.0% 10.6% 2916

2014 14.1% 70.0% 15.9% 2917

2015 17.6% 70.0% 12.4% 2918

2016 21.1% 70.0% 8.9% 2919

2017 24.6% 70.0% 5.4% 2920

2018 28.1% 70.0% 1.9% 2921

2019 and thereafter 100% 0% 0% 2922

       (C) Not later than September 15, 2005, the tax commissioner 2923
shall determine for each school district, joint vocational school 2924
district, and local taxing unit its machinery and equipment, 2925
inventory property, furniture and fixtures property, and telephone 2926
property tax value losses, which are the applicable amounts 2927
described in divisions (C)(1), (2), (3), and (4) of this section, 2928
except as provided in division (C)(5) of this section: 2929

       (1) Machinery and equipment property tax value loss is the 2930
taxable value of machinery and equipment property as reported by 2931
taxpayers for tax year 2004 multiplied by: 2932

       (a) For tax year 2006, thirty-three and eight-tenths per 2933
cent; 2934

       (b) For tax year 2007, sixty-one and three-tenths per cent; 2935

       (c) For tax year 2008, eighty-three per cent; 2936

       (d) For tax year 2009 and thereafter, one hundred per cent. 2937

       (2) Inventory property tax value loss is the taxable value of 2938
inventory property as reported by taxpayers for tax year 2004 2939
multiplied by: 2940

       (a) For tax year 2006, a fraction, the numerator of which is 2941
five and three-fourths and the denominator of which is 2942
twenty-three; 2943

        (b) For tax year 2007, a fraction, the numerator of which is 2944
nine and one-half and the denominator of which is twenty-three; 2945

        (c) For tax year 2008, a fraction, the numerator of which is 2946
thirteen and one-fourth and the denominator of which is 2947
twenty-three; 2948

        (d) For tax year 2009 and thereafter a fraction, the 2949
numerator of which is seventeen and the denominator of which is 2950
twenty-three. 2951

        (3) Furniture and fixtures property tax value loss is the 2952
taxable value of furniture and fixture property as reported by 2953
taxpayers for tax year 2004 multiplied by: 2954

        (a) For tax year 2006, twenty-five per cent; 2955

        (b) For tax year 2007, fifty per cent; 2956

        (c) For tax year 2008, seventy-five per cent; 2957

        (d) For tax year 2009 and thereafter, one hundred per cent. 2958

       The taxable value of property reported by taxpayers used in 2959
divisions (C)(1), (2), and (3) of this section shall be such 2960
values as determined to be final by the tax commissioner as of 2961
August 31, 2005. Such determinations shall be final except for any 2962
correction of a clerical error that was made prior to August 31, 2963
2005, by the tax commissioner. 2964

       (4) Telephone property tax value loss is the taxable value of 2965
telephone property as taxpayers would have reported that property 2966
for tax year 2004 if the assessment rate for all telephone 2967
property for that year were twenty-five per cent, multiplied by: 2968

       (a) For tax year 2006, zero per cent; 2969

       (b) For tax year 2007, zero per cent; 2970

       (c) For tax year 2008, zero per cent; 2971

       (d) For tax year 2009, sixty per cent; 2972

       (e) For tax year 2010, eighty per cent; 2973

       (f) For tax year 2011 and thereafter, one hundred per cent. 2974

       (5) Division (C)(5) of this section applies to any school 2975
district, joint vocational school district, or local taxing unit 2976
in a county in which is located a facility currently or formerly 2977
devoted to the enrichment or commercialization of uranium or 2978
uranium products, and for which the total taxable value of 2979
property listed on the general tax list of personal property for 2980
any tax year from tax year 2001 to tax year 2004 was fifty per 2981
cent or less of the taxable value of such property listed on the 2982
general tax list of personal property for the next preceding tax 2983
year. 2984

       In computing the fixed-rate levy losses under divisions 2985
(D)(1), (2), and (3) of this section for any school district, 2986
joint vocational school district, or local taxing unit to which 2987
division (C)(5) of this section applies, the taxable value of such 2988
property as listed on the general tax list of personal property 2989
for tax year 2000 shall be substituted for the taxable value of 2990
such property as reported by taxpayers for tax year 2004, in the 2991
taxing district containing the uranium facility, if the taxable 2992
value listed for tax year 2000 is greater than the taxable value 2993
reported by taxpayers for tax year 2004. For the purpose of making 2994
the computations under divisions (D)(1), (2), and (3) of this 2995
section, the tax year 2000 valuation is to be allocated to 2996
machinery and equipment, inventory, and furniture and fixtures 2997
property in the same proportions as the tax year 2004 values. For 2998
the purpose of the calculations in division (A) of section 5751.21 2999
of the Revised Code, the tax year 2004 taxable values shall be 3000
used. 3001

       To facilitate the calculations required under division (C) of 3002
this section, the county auditor, upon request from the tax 3003
commissioner, shall provide by August 1, 2005, the values of 3004
machinery and equipment, inventory, and furniture and fixtures for 3005
all single-county personal property taxpayers for tax year 2004. 3006

       (D) Not later than September 15, 2005, the tax commissioner 3007
shall determine for each tax year from 2006 through 2009 for each 3008
school district, joint vocational school district, and local 3009
taxing unit its machinery and equipment, inventory, and furniture 3010
and fixtures fixed-rate levy losses, and for each tax year from 3011
2006 through 2011 its telephone property fixed-rate levy loss, 3012
which are the applicable amounts described in divisions (D)(1), 3013
(2), (3), and (4) of this section: 3014

       (1) The machinery and equipment fixed-rate levy loss is the 3015
machinery and equipment property tax value loss multiplied by the 3016
sum of the tax rates of fixed-rate qualifying levies. 3017

       (2) The inventory fixed-rate loss is the inventory property 3018
tax value loss multiplied by the sum of the tax rates of 3019
fixed-rate qualifying levies. 3020

        (3) The furniture and fixtures fixed-rate levy loss is the 3021
furniture and fixture property tax value loss multiplied by the 3022
sum of the tax rates of fixed-rate qualifying levies. 3023

       (4) The telephone property fixed-rate levy loss is the 3024
telephone property tax value loss multiplied by the sum of the tax 3025
rates of fixed-rate qualifying levies. 3026

       (E) Not later than September 15, 2005, the tax commissioner 3027
shall determine for each school district, joint vocational school 3028
district, and local taxing unit its fixed-sum levy loss. The 3029
fixed-sum levy loss is the amount obtained by subtracting the 3030
amount described in division (E)(2) of this section from the 3031
amount described in division (E)(1) of this section: 3032

       (1) The sum of the machinery and equipment property tax value 3033
loss, the inventory property tax value loss, and the furniture and 3034
fixtures property tax value loss, and, for 2008 through 2017 the 3035
telephone property tax value loss of the district or unit 3036
multiplied by the sum of the fixed-sum tax rates of qualifying 3037
levies. For 2006 through 2010, this computation shall include all 3038
qualifying levies remaining in effect for the current tax year and 3039
any school district emergency levies that are qualifying levies 3040
not remaining in effect for the current year. For 2011 through 3041
2017, this computation shall include only qualifying levies 3042
remaining in effect for the current year. For purposes of this 3043
computation, a qualifying school district emergency levy remains 3044
in effect in a year after 2010 only if, for that year, the board 3045
of education levies a school district emergency levy for an annual 3046
sum at least equal to the annual sum levied by the board in tax 3047
year 2004 less the amount of the payment certified under this 3048
division for 2006. 3049

       (2) The total taxable value in tax year 2004 less the sum of 3050
the machinery and equipment, inventory, furniture and fixtures, 3051
and telephone property tax value losses in each school district, 3052
joint vocational school district, and local taxing unit multiplied 3053
by one-half of one mill per dollar. 3054

       (3) For the calculations in divisions (E)(1) and (2) of this 3055
section, the tax value losses are those that would be calculated 3056
for tax year 2009 under divisions (C)(1), (2), and (3) of this 3057
section and for tax year 2011 under division (C)(4) of this 3058
section. 3059

       (4) To facilitate the calculation under divisions (D) and (E) 3060
of this section, not later than September 1, 2005, any school 3061
district, joint vocational school district, or local taxing unit 3062
that has a qualifying levy that was approved at an election 3063
conducted during 2005 before September 1, 2005, shall certify to 3064
the tax commissioner a copy of the county auditor's certificate of 3065
estimated property tax millage for such levy as required under 3066
division (B) of section 5705.03 of the Revised Code, which is the 3067
rate that shall be used in the calculations under such divisions. 3068

       If the amount determined under division (E) of this section 3069
for any school district, joint vocational school district, or 3070
local taxing unit is greater than zero, that amount shall equal 3071
the reimbursement to be paid pursuant to division (D) of section 3072
5751.21 or division (A)(3) of section 5751.22 of the Revised Code, 3073
and the one-half of one mill that is subtracted under division 3074
(E)(2) of this section shall be apportioned among all contributing 3075
fixed-sum levies in the proportion that each levy bears to the sum 3076
of all fixed-sum levies within each school district, joint 3077
vocational school district, or local taxing unit. 3078

       (F) Not later than October 1, 2005, the tax commissioner 3079
shall certify to the department of education for every school 3080
district and joint vocational school district the machinery and 3081
equipment, inventory, furniture and fixtures, and telephone 3082
property tax value losses determined under division (C) of this 3083
section, the machinery and equipment, inventory, furniture and 3084
fixtures, and telephone fixed-rate levy losses determined under 3085
division (D) of this section, and the fixed-sum levy losses 3086
calculated under division (E) of this section. The calculations 3087
under divisions (D) and (E) of this section shall separately 3088
display the levy loss for each levy eligible for reimbursement. 3089

       (G) Not later than October 1, 2005, the tax commissioner 3090
shall certify the amount of the fixed-sum levy losses to the 3091
county auditor of each county in which a school district, joint 3092
vocational school district, or local taxing unit with a fixed-sum 3093
levy loss reimbursement has territory. 3094

       Section 101.02. That existing sections 737.04, 737.041, 3095
3314.091, 3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4511.101, 3096
4511.21, 4519.59, 4561.18, 5501.31, 5501.49, 5502.03, 5502.62, 3097
5516.01, 5537.16, 5577.05, 5591.02, 5735.05, 5751.032, and 5751.20 3098
of the Revised Code are hereby repealed. 3099

       Section 201.10. Except as otherwise provided, all 3100
appropriation items in this act are hereby appropriated out of any 3101
moneys in the state treasury to the credit of the designated fund, 3102
which are not otherwise appropriated. For all appropriations made 3103
in this act, the amounts in the first column are for fiscal year 3104
2008 and the amounts in the second column are for fiscal year 3105
2009. 3106

       Section 203.10. DOT DEPARTMENT OF TRANSPORTATION 3107

FUND TITLE FY 2008 FY 2009 3108

Transportation Planning and Research 3109

Highway Operating Fund Group 3110

002 771-411 Planning and Research - State $ 20,724,547 $ 21,733,301 3111
002 771-412 Planning and Research - Federal $ 29,996,363 $ 30,264,923 3112
TOTAL HOF Highway Operating 3113
Fund Group $ 50,720,910 $ 51,998,224 3114
TOTAL ALL BUDGET FUND GROUPS - 3115
Transportation Planning 3116
and Research $ 50,720,910 $ 51,998,224 3117

Highway Construction 3118

Highway Operating Fund Group 3119

002 772-421 Highway Construction - State $ 528,722,188 $ 504,184,419 3120
002 772-422 Highway Construction - Federal $ 1,103,979,148 $ 1,086,733,759 3121
002 772-424 Highway Construction - Other $ 106,439,000 $ 100,379,155 3122
002 772-437 GARVEE Debt Service - State $ 10,321,300 $ 19,273,500 3123
002 772-438 GARVEE Debt Service - Federal $ 113,915,900 $ 139,015,000 3124
212 772-426 Highway Infrastructure Bank - Federal $ 4,303,173 $ 4,018,649 3125
212 772-427 Highway Infrastructure Bank - State $ 8,268,315 $ 10,209,272 3126
212 772-429 Highway Infrastructure Bank - Local $ 11,000,000 $ 11,499,999 3127
212 772-430 Infrastructure Debt Reserve Title 23-49 $ 1,500,000 $ 1,500,000 3128
213 772-431 Roadway Infrastructure Bank - State $ 1,000,000 $ 1,000,000 3129
213 772-432 Roadway Infrastructure Bank - Local $ 6,000,000 $ 6,000,000 3130
213 772-433 Infrastructure Debt Reserve - State $ 2,000,000 $ 2,000,000 3131
TOTAL HOF Highway Operating 3132
Fund Group $ 1,897,449,024 $ 1,885,813,753 3133

Highway Capital Improvement Fund Group 3134

042 772-723 Highway Construction - Bonds $ 200,000,000 $ 100,000,000 3135
TOTAL 042 Highway Capital Improvement Fund Group $ 200,000,000 $ 100,000,000 3136

Infrastructure Bank Obligations Fund Group 3137

045 772-428 Highway Infrastructure Bank - Bonds $ 450,000,000 $ 400,000,000 3138
TOTAL 045 Infrastructure Bank 3139
Obligations Fund Group $ 450,000,000 $ 400,000,000 3140
TOTAL ALL BUDGET FUND GROUPS - 3141
Highway Construction $ 2,547,449,024 $ 2,385,813,753 3142

Highway Maintenance 3143

Highway Operating Fund Group 3144

002 773-431 Highway Maintenance - State $ 403,252,901 $ 417,915,187 3145
TOTAL HOF Highway Operating 3146
Fund Group $ 403,252,901 $ 417,915,187 3147
3148

TOTAL ALL BUDGET FUND GROUPS - 3149
Highway Maintenance $ 403,252,901 $ 417,915,187 3150

Public Transportation 3151

Highway Operating Fund Group 3152

002 775-452 Public Transportation - Federal $ 25,471,589 $ 30,391,763 3153
002 775-454 Public Transportation - Other $ 1,500,000 $ 1,500,000 3154
002 775-459 Elderly and Disabled Special Equipment $ 4,730,000 $ 4,730,000 3155
212 775-408 Transit Infrastructure Bank - Local $ 2,500,000 $ 812,685 3156
212 775-455 Title 49 Infrastructure Bank - State $ 476,485 $ 312,795 3157
213 775-457 Transit Infrastructure Bank - State $ 500,000 $ 312,082 3158
213 775-460 Transit Infrastructure Bank - Local $ 1,000,000 $ 1,000,000 3159
TOTAL HOF Highway Operating 3160
Fund Group $ 36,178,074 $ 39,059,325 3161
TOTAL ALL BUDGET FUND GROUPS - 3162
Public Transportation $ 36,178,074 $ 39,059,325 3163

Rail Transportation 3164

Federal Special Revenue Group 3165

3B9 776-662 Rail Transportation - Federal $ 10,000 $ 10,000 3166

TOTAL FED Federal Special Revenue Fund Group $ 10,000 $ 10,000 3167

Highway Operating Fund Group 3168

002 776-462 Grade Crossings - Federal $ 15,000,000 $ 15,000,000 3169
TOTAL HOF Highway Operating 3170
Fund Group $ 15,000,000 $ 15,000,000 3171

State Special Revenue Fund Group 3172

4N4 776-663 Panhandle Lease Reserve Payments $ 762,500 $ 763,700 3173
4N4 776-664 Rail Transportation - Other $ 2,111,500 $ 2,111,500 3174

TOTAL SSR State Special Revenue Fund Group $ 2,874,000 $ 2,875,200 3175

TOTAL ALL BUDGET FUND GROUPS - 3176

Rail Transportation $ 17,884,000 $ 17,885,200 3177

Aviation 3178

State Special Revenue Fund Group 3179

5W9 777-615 County Airport Maintenance $ 570,000 $ 570,000 3180

TOTAL SSR State Special Revenue Fund Group $ 570,000 $ 570,000 3181

Highway Operating Fund Group 3182

002 777-472 Airport Improvements - Federal $ 405,000 $ 405,000 3183
002 777-475 Aviation Administration $ 5,210,000 $ 5,358,100 3184
213 777-477 Aviation Infrastructure Bank - State $ 2,000,000 $ 3,500,000 3185
213 777-478 Aviation Infrastructure Bank - Local $ 5,996,118 $ 6,000,000 3186
TOTAL HOF Highway Operating 3187
Fund Group $ 13,611,118 $ 15,263,100 3188
TOTAL ALL BUDGET FUND GROUPS - 3189
Aviation $ 14,181,118 $ 15,833,100 3190

Administration 3191

Highway Operating Fund Group 3192

002 779-491 Administration - State $ 120,262,864 $ 122,601,493 3193
TOTAL HOF Highway Operating 3194
Fund Group $ 120,262,864 $ 122,601,493 3195
TOTAL ALL BUDGET FUND GROUPS - 3196
Administration $ 120,262,864 $ 122,601,493 3197

Debt Service 3198

Highway Operating Fund Group 3199

002 770-003 Administration - State - Debt Service $ 10,555,300 $ 3,614,700 3200
TOTAL HOF Highway Operating 3201
Fund Group $ 10,555,300 $ 3,614,700 3202
TOTAL ALL BUDGET FUND GROUPS - 3203
Debt Service $ 10,555,300 $ 3,614,700 3204

TOTAL Department of Transportation 3205

TOTAL FED Federal Special Revenue Fund Group $ 10,000 $ 10,000 3206
TOTAL HOF Highway Operating 3207
Fund Group $ 2,547,030,191 $ 2,551,265,782 3208
TOTAL 042 Highway Capital 3209
Improvement Fund Group $ 200,000,000 $ 100,000,000 3210
TOTAL 045 Infrastructure Bank 3211
Obligations Fund Group $ 450,000,000 $ 400,000,000 3212
TOTAL SSR State Special Revenue Fund Group $ 3,444,000 $ 3,445,200 3213
TOTAL ALL BUDGET FUND GROUPS $ 3,200,484,191 $ 3,054,720,982 3214

       Section 203.20. ISSUANCE OF BONDS 3216

       The Treasurer of State, upon the request of the Director of 3217
Transportation, is authorized to issue and sell, in accordance 3218
with Section 2m of Article VIII, Ohio Constitution, and Chapter 3219
151. and particularly sections 151.01 and 151.06 of the Revised 3220
Code, obligations, including bonds and notes, of the State of Ohio 3221
in the aggregate amount of $290,000,000 in addition to the 3222
original issuance of obligations heretofore authorized by prior 3223
acts of the General Assembly. 3224

       The obligations shall be dated, issued, and sold from time to 3225
time in such amounts as may be necessary to provide sufficient 3226
moneys to the credit of the Highway Capital Improvement Fund (Fund 3227
042) created by section 5528.53 of the Revised Code to pay costs 3228
charged to the fund when due as estimated by the Director of 3229
Transportation, provided, however, that such obligations shall be 3230
issued and sold at such time or times so that not more than 3231
$220,000,000 original principal amount of obligations, plus the 3232
principal amount of obligations that in prior fiscal years could 3233
have been, but were not, issued within the $220,000,000 limit, may 3234
be issued in any fiscal year, and not more than $1,200,000,000 3235
original principal amount of such obligations are outstanding at 3236
any one time. 3237

       Section 203.30. MAINTENANCE INTERSTATE HIGHWAYS 3238

       The Director of Transportation may remove snow and ice and 3239
maintain, repair, improve, or provide lighting upon interstate 3240
highways that are located within the boundaries of municipal 3241
corporations, adequate to meet the requirements of federal law. 3242
When agreed in writing by the Director of Transportation and the 3243
legislative authority of a municipal corporation and 3244
notwithstanding sections 125.01 and 125.11 of the Revised Code, 3245
the Department of Transportation may reimburse a municipal 3246
corporation for all or any part of the costs, as provided by such 3247
agreement, incurred by the municipal corporation in maintaining, 3248
repairing, lighting, and removing snow and ice from the interstate 3249
system. 3250

       Section 203.40. TRANSFER OF FUND 002 APPROPRIATIONS: PLANNING 3251
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL, 3252
AVIATION, AND ADMINISTRATION 3253

       The Director of Budget and Management may approve requests 3254
from the Department of Transportation for transfer of Fund 002 3255
appropriations for highway planning and research (appropriation 3256
items 771-411 and 771-412), highway construction (appropriation 3257
items 772-421, 772-422, 772-424, 772-437, and 772-438), highway 3258
maintenance (appropriation item 773-431), rail grade crossings 3259
(appropriation item 776-462), aviation (appropriation item 3260
777-475), and administration (appropriation item 779-491). The 3261
Director may not make transfers out of debt service appropriation 3262
items unless the Director determines that the appropriated amounts 3263
exceed the actual and projected debt service requirements. 3264
Transfers of appropriations may be made upon the written request 3265
of the Director of Transportation and with the approval of the 3266
Director of Budget and Management. The transfers shall be reported 3267
to the Controlling Board at the next regularly scheduled meeting 3268
of the board. 3269

       This transfer authority is intended to provide for emergency 3270
situations and flexibility to meet unforeseen conditions that 3271
could arise during the budget period. It also is intended to allow 3272
the department to optimize the use of available resources and 3273
adjust to circumstances affecting the obligation and expenditure 3274
of federal funds. 3275

       TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL 3276
TRANSIT 3277

       The Director of Budget and Management may approve written 3278
requests from the Director of Transportation for the transfer of 3279
appropriations between appropriation items 772-422, Highway 3280
Construction - Federal, and 775-452, Public Transportation - 3281
Federal, based upon transit capital projects meeting Federal 3282
Highway Administration and Federal Transit Administration funding 3283
guidelines. The transfers shall be reported to the Controlling 3284
Board at its next regularly scheduled meeting. 3285

       TRANSFER OF APPROPRIATIONS: STATE INFRASTRUCTURE BANK 3286

       The Director of Budget and Management may approve requests 3287
from the Department of Transportation for transfer of 3288
appropriations and cash of the Infrastructure Bank funds created 3289
in section 5531.09 of the Revised Code, including transfers 3290
between fiscal years 2008 and 2009. The transfers shall be 3291
reported to the Controlling Board at its next regularly scheduled 3292
meeting. 3293

       The Director of Budget and Management may approve requests 3294
from the Department of Transportation for transfer of 3295
appropriations and cash from the Highway Operating Fund (Fund 002) 3296
to the Infrastructure Bank funds created in section 5531.09 of the 3297
Revised Code. The Director of Budget and Management may transfer 3298
from the Infrastructure Bank funds to the Highway Operating Fund 3299
up to the amounts originally transferred to the Infrastructure 3300
Bank funds under this section. However, the director may not make 3301
transfers between modes and transfers between different funding 3302
sources. The transfers shall be reported to the Controlling Board 3303
at its next regularly scheduled meeting. 3304

       INCREASE APPROPRIATION AUTHORITY: STATE FUNDS 3305

       In the event that receipts or unexpended balances credited to 3306
the Highway Operating Fund exceed the estimates upon which the 3307
appropriations have been made in this act, upon the request of the 3308
Director of Transportation, the Controlling Board may increase 3309
appropriation authority in the manner prescribed in section 131.35 3310
of the Revised Code. 3311

       INCREASE APPROPRIATION AUTHORITY: FEDERAL AND LOCAL FUNDS 3312

       In the event that receipts or unexpended balances credited to 3313
the Highway Operating Fund or apportionments or allocations made 3314
available from the federal and local government exceed the 3315
estimates upon which the appropriations have been made in this 3316
act, upon the request of the Director of Transportation, the 3317
Controlling Board may increase appropriation authority in the 3318
manner prescribed in section 131.35 of the Revised Code. 3319

       REAPPROPRIATIONS 3320

       Upon approval of the Director of Budget and Management, all 3321
appropriations of the Highway Operating Fund (Fund 002), the 3322
Highway Capital Improvement Fund (Fund 042), and the 3323
Infrastructure Bank funds created in section 5531.09 of the 3324
Revised Code remaining unencumbered on June 30, 2007, are hereby 3325
reappropriated for the same purpose in fiscal year 2008. 3326

       Upon approval of the Director of Budget and Management, all 3327
appropriations of the Highway Operating Fund (Fund 002), the 3328
Highway Capital Improvement Fund (Fund 042), and the 3329
Infrastructure Bank funds created in section 5531.09 of the 3330
Revised Code remaining unencumbered on June 30, 2008, are hereby 3331
reappropriated for the same purpose in fiscal year 2009. 3332

       Any balances of prior years' appropriations to the Highway 3333
Operating Fund (Fund 002), the Highway Capital Improvement Fund 3334
(Fund 042), and the Infrastructure Bank funds created in section 3335
5531.09 of the Revised Code that are unencumbered on June 30, 3336
2007, subject to the availability of revenue as determined by the 3337
Director of Transportation, are hereby reappropriated for the same 3338
purpose in fiscal year 2008 upon the request of the Director of 3339
Transportation and with the approval of the Director of Budget and 3340
Management. The reappropriations shall be reported to the 3341
Controlling Board. 3342

       Any balances of prior years' appropriations to the Highway 3343
Operating Fund (Fund 002), the Highway Capital Improvement Fund 3344
(Fund 042), and the Infrastructure Bank funds created in section 3345
5531.09 of the Revised Code that are unencumbered on June 30, 3346
2008, subject to the availability of revenue as determined by the 3347
Director of Transportation, are hereby reappropriated for the same 3348
purpose in fiscal year 2009 upon the request of the Director of 3349
Transportation and with the approval of the Director of Budget and 3350
Management. The reappropriations shall be reported to the 3351
Controlling Board. 3352

        CASH TRANSFER TO OHIO TURNPIKE COMMISSION 3353

        Notwithstanding any other provision of law to the contrary, 3354
on the first day of July in each of 2007 and 2008, or as soon as 3355
practicable thereafter in each of those years, the Director of 3356
Budget and Management shall transfer cash in the amount of 3357
$250,000 from the Highway Operating Fund (Fund 002) to the Ohio 3358
Turnpike Commission for deposit to the credit of the Community 3359
Resolution Fund created in section 5537.32 of the Revised Code. 3360

       Section 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES 3361

       Of the foregoing appropriation item 772-421, Highway 3362
Construction - State, $5,000,000 shall be used in each fiscal year 3363
during the fiscal year 2008-2009 biennium by the Department of 3364
Transportation for the construction, reconstruction, or 3365
maintenance of public access roads, including support features, to 3366
and within state facilities owned or operated by the Department of 3367
Natural Resources. 3368

       Notwithstanding section 5511.06 of the Revised Code, of the 3369
foregoing appropriation item 772-421, Highway Construction - 3370
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009 3371
biennium shall be used by the Department of Transportation for the 3372
construction, reconstruction, or maintenance of park drives or 3373
park roads within the boundaries of metropolitan parks. 3374

       Included in the foregoing appropriation item 772-421, Highway 3375
Construction - State, the department may perform related road work 3376
on behalf of the Ohio Expositions Commission at the state 3377
fairgrounds, including reconstruction or maintenance of public 3378
access roads and support features, to and within fairground 3379
facilities as requested by the commission and approved by the 3380
Director of Transportation. 3381

       LIQUIDATION OF UNFORESEEN LIABILITIES 3382

       Any appropriation made to the Department of Transportation, 3383
Highway Operating Fund, not otherwise restricted by law, is 3384
available to liquidate unforeseen liabilities arising from 3385
contractual agreements of prior years when the prior year 3386
encumbrance is insufficient. 3387

       Section 203.53. ECONOMIC DEVELOPMENT AND HIGHWAY CONSTRUCTION 3388
FUND 3389

       Any money credited to the Economic Development and Highway 3390
Construction Fund created by section 5751.20 of the Revised Code 3391
during the fiscal year 2008-2009 biennium is hereby appropriated 3392
to the Department of Transportation to be expended for 3393
constructing and maintaining the state's highway infrastructure, 3394
thereby promoting economic development throughout the state. 3395

       Section 203.60. RENTAL PAYMENTS - OBA 3396

       The foregoing appropriation item 770-003, Administration - 3397
State - Debt Service, shall be used to pay rent to the Ohio 3398
Building Authority for the period July 1, 2007, to June 30, 2009, 3399
under the primary leases and agreements for various transportation 3400
related capital facilities financed by obligations issued under 3401
Chapter 152. of the Revised Code. The rental payments shall be 3402
made from revenues received from the motor vehicle fuel tax. The 3403
amounts of any bonds and notes to finance such capital facilities 3404
shall be at the request of the Director of Transportation. 3405
Notwithstanding section 152.24 of the Revised Code, the Ohio 3406
Building Authority may, with approval of the Office of Budget and 3407
Management, lease capital facilities to the Department of 3408
Transportation. 3409

       The Director of Transportation shall hold title to any land 3410
purchased and any resulting structures that are attributable to 3411
appropriation item 770-003. Notwithstanding section 152.18 of the 3412
Revised Code, the Director of Transportation shall administer any 3413
purchase of land and any contract for construction, 3414
reconstruction, and rehabilitation of facilities as a result of 3415
this appropriation. 3416

       Should the appropriation and any reappropriations from prior 3417
years in appropriation item 770-003 exceed the rental payments for 3418
fiscal year 2008 or 2009, then prior to June 30, 2009, the balance 3419
may be transferred to appropriation item 772-421, Highway 3420
Construction - State, 773-431, Highway Maintenance - State, or 3421
779-491, Administration - State, upon the written request of the 3422
Director of Transportation and with the approval of the Director 3423
of Budget and Management. The transfer shall be reported to the 3424
Controlling Board at its next regularly scheduled meeting. 3425

       Section 203.70. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS 3426

       The Director of Transportation may use revenues from the 3427
state motor vehicle fuel tax to match approved federal grants 3428
awarded to the Department of Transportation, regional transit 3429
authorities, or eligible public transportation systems, for public 3430
transportation highway purposes, or to support local or state 3431
funded projects for public transportation highway purposes. Public 3432
transportation highway purposes include: the construction or 3433
repair of high-occupancy vehicle traffic lanes, the acquisition or 3434
construction of park-and-ride facilities, the acquisition or 3435
construction of public transportation vehicle loops, the 3436
construction or repair of bridges used by public transportation 3437
vehicles or that are the responsibility of a regional transit 3438
authority or other public transportation system, or other similar 3439
construction that is designated as an eligible public 3440
transportation highway purpose. Motor vehicle fuel tax revenues 3441
may not be used for operating assistance or for the purchase of 3442
vehicles, equipment, or maintenance facilities. 3443

       MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND 3444

       The Director of Budget and Management shall transfer cash in 3445
equal monthly increments totaling $188,169,480 in each fiscal year 3446
of the 2008-2009 biennium from the Highway Operating Fund, created 3447
in section 5735.291 of the Revised Code, to the Gasoline Excise 3448
Tax Fund created in division (A) of section 5735.27 of the Revised 3449
Code. The monthly amounts transferred under this section shall be 3450
distributed as follows: 42.86 per cent shall be distributed among 3451
the municipal corporations within the state under division (A)(2) 3452
of section 5735.27 of the Revised Code; 37.14 per cent shall be 3453
distributed among the counties within the state under division 3454
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent 3455
shall be distributed among the townships within the state under 3456
division (A)(5)(b) of section 5735.27 of the Revised Code. 3457

       Section 205.10. DHS DEPARTMENT OF PUBLIC SAFETY 3458

Highway Safety Information and Education 3459

State Highway Safety Fund Group 3460

036 761-321 Operating Expense - Information and Education $ 3,645,598 $ 3,645,598 3461

036 761-402 Traffic Safety Match $ 277,137 $ 277,137 3462
83N 761-611 Elementary School Seat Belt Program $ 375,000 $ 375,000 3463

831 761-610 Information and Education - Federal $ 468,982 $ 468,982 3464

832 761-612 Traffic Safety-Federal $ 16,577,565 $ 16,577,565 3465
844 761-613 Seat Belt Education Program $ 395,700 $ 411,528 3466

846 761-625 Motorcycle Safety Education $ 3,698,084 $ 4,010,865 3467

TOTAL HSF State Highway Safety 3468

Fund Group $ 25,438,066 $ 25,766,675 3469

Agency Fund Group 3470
5J9 761-678 Federal Salvage/GSA $ 1,500,000 $ 1,500,000 3471
TOTAL AGY Agency $ 1,500,000 $ 1,500,000 3472
TOTAL ALL BUDGET FUND GROUPS - 3473

Highway Safety Information 3474

and Education $ 26,938,066 $ 27,266,675 3475

       FEDERAL HIGHWAY SAFETY PROGRAM MATCH 3476

       The foregoing appropriation item 761-402, Traffic Safety 3477
Match, shall be used to provide the nonfederal portion of the 3478
federal Highway Safety Program. Upon request by the Director of 3479
Public Safety and approval by the Director of Budget and 3480
Management, appropriation item 761-402 shall be used to transfer 3481
cash from the Highway Safety Fund to the Traffic Safety - Federal 3482
Fund (Fund 832) at the beginning of each fiscal year on an 3483
intrastate transfer voucher. 3484

       Section 207.10. BUREAU OF MOTOR VEHICLES 3485

State Special Revenue Fund Group 3486

539 762-614 Motor Vehicle Dealers Board $ 200,000 $ 200,000 3487
TOTAL SSR State Special Revenue 3488

Fund Group $ 200,000 $ 200,000 3489

State Highway Safety Fund Group 3490

4W4 762-321 Operating Expense-BMV $ 90,394,299 $ 85,145,103 3491

4W4 762-410 Registrations Supplement $ 32,480,610 $ 32,480,610 3492
5V1 762-682 License Plate Contributions $ 2,100,000 $ 2,100,000 3493

83R 762-639 Local Immobilization Reimbursement $ 750,000 $ 750,000 3494

835 762-616 Financial Responsibility Compliance $ 5,843,830 $ 6,063,600 3495

849 762-627 Automated Title Processing Board $ 23,487,248 $ 19,240,839 3496

TOTAL HSF State Highway Safety 3497

Fund Group $ 155,055,987 $ 145,780,152 3498

TOTAL ALL BUDGET FUND GROUPS - 3499

Bureau of Motor Vehicles $ 155,255,987 $ 145,980,152 3500

       MOTOR VEHICLE REGISTRATION 3501

       The Registrar of Motor Vehicles may deposit revenues to meet 3502
the cash needs of the State Bureau of Motor Vehicles Fund (Fund 3503
4W4) established in section 4501.25 of the Revised Code, obtained 3504
under sections 4503.02 and 4504.02 of the Revised Code, less all 3505
other available cash. Revenue deposited pursuant to this section 3506
shall support, in part, appropriations for operating expenses and 3507
defray the cost of manufacturing and distributing license plates 3508
and license plate stickers and enforcing the law relative to the 3509
operation and registration of motor vehicles. Notwithstanding 3510
section 4501.03 of the Revised Code, the revenues shall be paid 3511
into the State Bureau of Motor Vehicles Fund before any revenues 3512
obtained pursuant to sections 4503.02 and 4504.02 of the Revised 3513
Code are paid into any other fund. The deposit of revenues to meet 3514
the aforementioned cash needs shall be in approximate equal 3515
amounts on a monthly basis or as otherwise determined by the 3516
Director of Budget and Management pursuant to a plan submitted by 3517
the Registrar of Motor Vehicles. 3518

       CAPITAL PROJECTS 3519

       The Registrar of Motor Vehicles may transfer cash from the 3520
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 3521
Highway Safety Fund (Fund 036) to meet its obligations for capital 3522
projects CIR-047, Department of Public Safety Office Building, 3523
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop. 3524

       Section 209.10. ENFORCEMENT 3525

State Highway Safety Fund Group 3526

036 764-033 Minor Capital Projects $ 1,250,000 $ 1,250,000 3527
036 764-321 Operating Expense - Highway Patrol $ 253,967,276 $ 267,539,597 3528
036 764-605 Motor Carrier Enforcement Expenses $ 3,061,817 $ 3,340,468 3529
83C 764-630 Contraband, Forfeiture, Other $ 622,894 $ 622,894 3530
83F 764-657 Law Enforcement Automated Data System $ 7,945,555 $ 8,275,898 3531
83G 764-633 OMVI Enforcement/Education $ 650,000 $ 650,000 3532
83J 764-693 Highway Patrol Justice Contraband $ 2,100,000 $ 2,100,000 3533
83T 764-694 Highway Patrol Treasury Contraband $ 21,000 $ 21,000 3534
831 764-610 Patrol - Federal $ 2,455,484 $ 2,455,484 3535
831 764-659 Transportation Enforcement - Federal $ 5,665,690 $ 6,132,592 3536
831 769-631 Homeland Security - Federal $ 1,500,000 $ 1,552,500 3537
837 764-602 Turnpike Policing $ 10,893,146 $ 11,553,959 3538
838 764-606 Patrol Reimbursement $ 175,000 $ 175,000 3539
840 764-607 State Fair Security $ 1,396,283 $ 1,396,283 3540
840 764-617 Security and Investigations $ 6,231,916 $ 6,155,385 3541
840 764-626 State Fairgrounds Police Force $ 788,375 $ 788,375 3542
840 769-632 Homeland Security - Operating $ 1,913,276 $ 1,989,807 3543
841 764-603 Salvage and Exchange - Highway Patrol $ 1,339,399 $ 1,339,399 3544
TOTAL HSF State Highway Safety 3545
Fund Group $ 301,977,111 $ 317,338,641 3546

General Services Fund Group 3547

4S2 764-660 MARCS Maintenance $ 335,862 $ 389,149 3548
TOTAL GSF General Services 3549
Fund Group $ 335,862 $ 389,149 3550

TOTAL ALL BUDGET FUND GROUPS - 3551
Enforcement $ 302,312,973 $ 317,727,790 3552

       COLLECTIVE BARGAINING INCREASES 3553

       Notwithstanding division (D) of section 127.14 and division 3554
(B) of section 131.35 of the Revised Code, except for the General 3555
Revenue Fund, the Controlling Board may, upon the request of 3556
either the Director of Budget and Management, or the Department of 3557
Public Safety with the approval of the Director of Budget and 3558
Management, increase appropriations for any fund, as necessary for 3559
the Department of Public Safety, to assist in paying the costs of 3560
increases in employee compensation that have occurred pursuant to 3561
collective bargaining agreements under Chapter 4117. of the 3562
Revised Code and, for exempt employees, under section 124.152 of 3563
the Revised Code. 3564

       TRAFFIC SAFETY OPERATING FUND 3565

       On July 1, 2007, or as soon thereafter as possible, the 3566
Director of Budget and Management shall transfer the cash balance 3567
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway 3568
Safety Fund (Fund 036). The Director of Budget and Management 3569
shall cancel any existing encumbrances against appropriation item 3570
764-688, Traffic Safety Operating, and re-establish them against 3571
appropriation item 764-321, Operating Expense – Highway Patrol. 3572
The amounts of the re-established encumbrances are hereby 3573
appropriated. Upon completion of these transfers, the Traffic 3574
Safety Operating Fund (Fund 5AY) is hereby abolished. 3575

       CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND 3576

       Effective July 1, 2007, the Treasurer of State, prior to 3577
making any of the distributions listed in sections 5735.23, 3578
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit 3579
the first $1,250,000 received each month to the credit of the 3580
State Highway Safety Fund (Fund 036). 3581

       Section 211.10. EMERGENCY MEDICAL SERVICES 3582

State Highway Safety Fund Group 3583

83M 765-624 Operating Expenses - Trauma and EMS $ 2,587,627 $ 2,587,627 3584
83P 765-637 Trauma and EMS $ 4,429,290 $ 4,562,912 3585

831 765-610 EMS/Federal $ 582,007 $ 582,007 3586

TOTAL HSF State Highway Safety 3587

Fund Group $ 7,598,924 $ 7,732,546 3588

TOTAL ALL BUDGET FUND GROUPS - 3589

Emergency Medical Services $ 7,598,924 $ 7,732,546 3590

        CASH TRANSFERS OF SEAT BELT FINE REVENUES 3591

        Notwithstanding any other provision of law to the contrary, 3592
the Controlling Board, upon request of the Director of Public 3593
Safety, may approve the transfer of cash between the following 3594
four funds that receive fine revenues from enforcement of the 3595
mandatory seat belt law: the Trauma and Emergency Medical Services 3596
Fund (Fund 83M), the Elementary School Program Fund (Fund 83N), 3597
the Trauma and Emergency Medical Services Grants Fund (Fund 83P), 3598
and the Seat Belt Education Fund (Fund 844). 3599

       Section 213.10. INVESTIGATIVE UNIT 3600

State Highway Safety Fund Group 3601

831 767-610 Liquor Enforcement - Federal $ 514,184 $ 514,184 3602
831 769-610 Food Stamp Trafficking Enforcement - Federal $ 1,032,135 $ 1,032,135 3603
TOTAL HSF State Highway Safety 3604
Fund Group $ 1,546,319 $ 1,546,319 3605

Liquor Control Fund Group 3606

043 767-321 Liquor Enforcement - Operations $ 11,435,527 $ 11,546,052 3607
TOTAL LCF Liquor Control Fund 3608
Group $ 11,435,527 $ 11,546,052 3609

State Special Revenue Fund Group 3610

5B9 766-632 Private Investigator and Security Guard Provider $ 1,288,730 $ 1,289,883 3611
5CM 767-691 Federal Investigative Seizure $ 642,175 $ 642,175 3612
622 767-615 Investigative Contraband and Forfeiture $ 375,000 $ 375,000 3613
850 767-628 Investigative Unit Salvage $ 100,000 $ 100,000 3614
TOTAL SSR State Special Revenue 3615
Fund Group $ 2,405,905 $ 2,407,058 3616
TOTAL ALL BUDGET FUND GROUPS - 3617
Special Enforcement $ 15,387,751 $ 15,499,429 3618

       LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS 3619
EQUIPMENT 3620

       The Director of Public Safety, using intrastate transfer 3621
vouchers, shall make cash transfers to the State Highway Safety 3622
Fund (Fund 036) from other funds to reimburse the State Highway 3623
Safety Fund for the share of lease rental payments to the Ohio 3624
Building Authority that are associated with appropriation item 3625
CAP-076, Investigative Unit MARCS Equipment. 3626

       Section 215.10. EMERGENCY MANAGEMENT 3627

Federal Special Revenue Fund Group 3628

3N5 763-644 U.S. Department of Energy Agreement $ 175,000 $ 175,000 3629
329 763-645 Individual Household Grants - Federal $ 13,831,920 $ 13,848,251 3630
337 763-609 Federal Disaster Relief $ 27,700,200 $ 27,707,636 3631
339 763-647 Emergency Management Assistance and Training $ 85,121,692 $ 85,265,885 3632
TOTAL FED Federal Special 3633
Revenue Fund Group $ 126,828,812 $ 126,996,772 3634

State Special Revenue Fund Group 3635

4V3 763-662 EMA Service and Reimbursement $ 650,000 $ 650,000 3636
657 763-652 Utility Radiological Safety $ 1,260,000 $ 1,260,000 3637
681 763-653 SARA Title III HAZMAT Planning $ 271,510 $ 271,510 3638
TOTAL SSR State Special Revenue 3639
Fund Group $ 2,181,510 $ 2,181,510 3640
TOTAL ALL BUDGET FUND GROUPS - 3641
Emergency Management $ 129,010,322 $ 128,814,282 3642

       STATE DISASTER RELIEF 3643

       The appropriation item 763-601, State Disaster Relief (Fund 3644
533), may accept transfers of cash and appropriations from 3645
Controlling Board appropriation items for Ohio Emergency 3646
Management Agency disaster response costs and disaster program 3647
management costs, and may also be used for the following purposes: 3648

       (A) To accept transfers of cash and appropriations from 3649
Controlling Board appropriation items for Ohio Emergency 3650
Management Agency public assistance and mitigation program match 3651
costs to reimburse eligible local governments and private 3652
nonprofit organizations for costs related to disasters; 3653

       (B) To accept and transfer cash to reimburse the costs 3654
associated with Emergency Management Assistance Compact (EMAC) 3655
deployments; 3656

       (C) To accept disaster related reimbursement from federal, 3657
state, and local governments. The Director of Budget and 3658
Management may transfer cash from reimbursements received by this 3659
fund to other funds of the state from which transfers were 3660
originally approved by the Controlling Board. 3661

       (D) To accept transfers of cash and appropriations from 3662
Controlling Board appropriation items to fund the State Disaster 3663
Relief Program, for disasters that have been declared by the 3664
Governor, and the State Individual Assistance Program for 3665
disasters that have been declared by the Governor and the federal 3666
Small Business Administration. The Ohio Emergency Management 3667
Agency shall publish and make available application packets 3668
outlining procedures for the State Disaster Relief Program and the 3669
State Individual Assistance Program. 3670

       SARA TITLE III HAZMAT PLANNING 3671

       The SARA Title III HAZMAT Planning Fund (Fund 681) is 3672
entitled to receive grant funds from the Emergency Response 3673
Commission to implement the Emergency Management Agency's 3674
responsibilities under Chapter 3750. of the Revised Code. 3675

       Section 217.10. CRIMINAL JUSTICE SERVICES 3676

General Services Fund Group 3677

4P6 768-601 Justice Program Services $ 100,000 $ 100,000 3678

TOTAL GSF General Services Fund Group $ 100,000 $ 100,000 3679

Federal Special Revenue Fund Group 3680

3AY 768-606 Federal Justice Grants $ 13,019,284 $ 13,060,000 3681
3L5 768-604 Justice Program $ 11,880,083 $ 12,056,300 3682

TOTAL FED Federal Special Revenue Fund Group $ 24,899,367 $ 25,116,300 3683

State Special Revenue Fund Group 3684

5BK 768-687 Criminal Justice Services Operating $ 400,000 $ 400,000 3685
5BK 768-689 Family Violence Shelter Programs $ 750,000 $ 750,000 3686

TOTAL SSR Special Revenue Fund Group $ 1,150,000 $ 1,150,000 3687

TOTAL ALL BUDGET FUND GROUPS - Criminal Justice Services $ 26,149,367 $ 26,366,300 3688

       TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE 3689
DEPARTMENT OF PUBLIC SAFETY 3690

       Business commenced but not completed by the Office of 3691
Criminal Justice Services on July 1, 2005, shall be completed by 3692
the Division of Criminal Justice Services, in the same manner, and 3693
with the same effect, as if completed by the Office of Criminal 3694
Justice Services. No validation, cure, right, privilege, remedy, 3695
obligation, or liability is lost or impaired by reason of the 3696
transfer required by this section but shall be administered by the 3697
Division of Criminal Justice Services. 3698

        FUND CLARIFICATIONS 3699

       The fund created by the amendment in this act to section 3700
5502.62 of the Revised Code is the same fund, with a new name, as 3701
the Justice Programs Fund (Fund 3L5). The fund created by section 3702
5502.67 of the Revised Code is the same fund, with a new name, as 3703
the General Services Fund (Fund 4P6). 3704

       Section 219.10. ADMINISTRATION 3705

State Highway Safety Fund Group 3706

036 766-321 Operating Expense - Administration $ 4,461,836 $ 4,461,836 3707

830 761-603 Salvage and Exchange - Administration $ 20,000 $ 20,000 3708

TOTAL HSF State Highway Safety 3709

Fund Group $ 4,481,836 $ 4,481,836 3710

General Services Fund Group 3711

4S3 766-661 Hilltop Utility Reimbursement $ 500,000 $ 500,000 3712

TOTAL GSF General Services 3713

Fund Group $ 500,000 $ 500,000 3714

TOTAL ALL BUDGET FUND GROUPS - 3715

Administration $ 4,981,836 $ 4,981,836 3716

       Section 221.10. DEBT SERVICE 3718

State Highway Safety Fund Group 3719

036 761-401 Lease Rental Payments $ 13,929,500 $ 14,017,100 3720

TOTAL HSF State Highway Safety 3721

Fund Group $ 13,929,500 $ 14,017,100 3722

TOTAL ALL BUDGET FUND GROUPS - 3723

Debt Service $ 13,929,500 $ 14,017,100 3724

       OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS 3725

       The foregoing appropriation item 761-401, Lease Rental 3726
Payments, shall be used for payments to the Ohio Building 3727
Authority for the period July 1, 2007, to June 30, 2009, under the 3728
primary leases and agreements for public safety related buildings 3729
financed by obligations issued under Chapter 152. of the Revised 3730
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio 3731
Building Authority may, with approval of the Director of Budget 3732
and Management, lease capital facilities to the Department of 3733
Public Safety. 3734

       HILLTOP TRANSFER 3735

       The Director of Public Safety shall determine, per an 3736
agreement with the Director of Transportation, the share of each 3737
debt service payment made out of appropriation item 761-401, Lease 3738
Rental Payments, that relates to the Department of 3739
Transportation's portion of the Hilltop Building Project, and 3740
shall certify to the Director of Budget and Management the amounts 3741
of this share. The Director of Budget and Management shall 3742
transfer the amounts of such shares from the Highway Operating 3743
Fund (Fund 002) to the Highway Safety Fund (Fund 036). 3744

       Section 223.10. REVENUE DISTRIBUTION 3745

Holding Account Redistribution Fund Group 3746

R24 762-619 Unidentified Motor Vehicle Receipts $ 1,885,000 $ 1,885,000 3747
R52 762-623 Security Deposits $ 350,000 $ 350,000 3748
TOTAL 090 Holding Account 3749
Redistribution Fund Group $ 2,235,000 $ 2,235,000 3750
TOTAL ALL BUDGET FUND GROUPS - 3751
Revenue Distribution $ 2,235,000 $ 2,235,000 3752

TOTAL Department of Public Safety 3753

TOTAL HSF State Highway Safety 3754
Fund Group $ 510,027,743 $ 516,663,269 3755
TOTAL SSR State Special Revenue 3756
Fund Group $ 5,937,415 $ 5,938,568 3757
TOTAL LCF Liquor Control 3758
Fund Group $ 11,435,527 $ 11,546,052 3759
TOTAL GSF General Services 3760
Fund Group $ 935,862 $ 989,149 3761
TOTAL FED Federal Special Revenue 3762
Fund Group $ 151,728,179 $ 152,113,072 3763
TOTAL AGY Agency Fund Group $ 1,500,000 $ 1,500,000 3764
TOTAL 090 Holding Account 3765
Redistribution Fund Group $ 2,235,000 $ 2,235,000 3766
TOTAL ALL BUDGET FUND GROUPS $ 683,799,726 $ 690,985,110 3767

       Section 225.10. CASH BALANCE FUND REVIEW 3769

       Not later than the first day of April in each fiscal year of 3770
the biennium, the Director of Budget and Management shall review 3771
the cash balances for each fund, except the State Highway Safety 3772
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4), 3773
in the State Highway Safety Fund Group, and shall recommend to the 3774
Controlling Board an amount to be transferred to the credit of the 3775
State Highway Safety Fund or the Bureau of Motor Vehicles Fund, as 3776
appropriate. 3777

       Section 227.10. DEV DEPARTMENT OF DEVELOPMENT 3778

State Special Revenue Fund Group 3779

4W0 195-629 Roadwork Development $ 18,699,900 $ 18,699,900 3780

TOTAL SSR State Special Revenue 3781

Fund Group $ 18,699,900 $ 18,699,900 3782

TOTAL ALL BUDGET FUND GROUPS $ 18,699,900 $ 18,699,900 3783

       ROADWORK DEVELOPMENT FUND 3784

       The Roadwork Development Fund shall be used for road 3785
improvements associated with economic development opportunities 3786
that will retain or attract businesses for Ohio. "Road 3787
improvements" are improvements to public roadway facilities 3788
located on, or serving or capable of serving, a project site. 3789

       The Department of Transportation, under the direction of the 3790
Department of Development, shall provide these funds in accordance 3791
with all guidelines and requirements established for Department of 3792
Development appropriation item 195-412, Business Development, 3793
including Controlling Board review and approval as well as the 3794
requirements for usage of gas tax revenue prescribed in Section 5a 3795
of Article XII, Ohio Constitution. Should the Department of 3796
Development require the assistance of the Department of 3797
Transportation to bring a project to completion, the Department of 3798
Transportation shall use its authority under Title LV of the 3799
Revised Code to provide such assistance and enter into contracts 3800
on behalf of the Department of Development. In addition, these 3801
funds may be used in conjunction with appropriation item 195-412, 3802
Business Development, or any other state funds appropriated for 3803
infrastructure improvements. 3804

       The Director of Budget and Management, pursuant to a plan 3805
submitted by the Department of Development or as otherwise 3806
determined by the Director of Budget and Management, shall set a 3807
cash transfer schedule to meet the cash needs of the Department of 3808
Development's Roadwork Development Fund (Fund 4W0), less any other 3809
available cash. The Director shall transfer to the Roadwork 3810
Development Fund from the Highway Operating Fund (Fund 002), 3811
established in section 5735.291 of the Revised Code, such amounts 3812
at such times as determined by the transfer schedule. 3813

       TRANSPORTATION IMPROVEMENT DISTRICTS 3814

        Notwithstanding section 5540.151 of the Revised Code, of the 3815
foregoing appropriation item 195-629, Roadwork Development, 3816
$250,000 in each fiscal year of the biennium shall be granted by 3817
the Director of Development to each of the transportation 3818
improvement districts of Butler, Clermont, Hamilton, Lorain, 3819
Medina, Montgomery, Muskingum, and Stark counties and to the 3820
Rossford Transportation Improvement District in Wood County. Any 3821
grant made under this paragraph is not subject to the restrictions 3822
of appropriation item 195-629, Roadwork Development. 3823

       Section 229.10. PWC PUBLIC WORKS COMMISSION 3824

Local Transportation Improvements Fund Group 3825

052 150-402 Local Transportation Improvement Program - Operating $ 291,537 $ 306,178 3826

052 150-701 Local Transportation Improvement Program $ 67,500,000 $ 67,500,000 3827

TOTAL 052 Local Transportation 3828

Improvements Fund Group $ 67,791,537 $ 67,806,178 3829

Local Infrastructure Improvements Fund Group 3830

038 150-321 State Capital Improvements Program - Operating Expenses $ 879,237 $ 918,912 3831

TOTAL LIF Local Infrastructure 3832

Improvements Fund Group $ 879,237 $ 918,912 3833

TOTAL ALL BUDGET FUND GROUPS $ 68,670,774 $ 68,725,090 3834

       DISTRICT ADMINISTRATION COSTS 3835

       The Director of the Public Works Commission is authorized to 3836
create a District Administration Costs Program from interest 3837
earnings of the Capital Improvements Fund and Local Transportation 3838
Improvement Program Fund proceeds. The program shall be used to 3839
provide for the direct costs of district administration of the 3840
nineteen public works districts. Districts choosing to participate 3841
in the program shall only expend Capital Improvements Fund moneys 3842
for Capital Improvements Fund costs and Local Transportation 3843
Improvement Program Fund moneys for Local Transportation 3844
Improvement Program Fund costs. The account shall not exceed 3845
$1,235,000 per fiscal year. Each public works district may be 3846
eligible for up to $65,000 per fiscal year from its district 3847
allocation as provided in sections 164.08 and 164.14 of the 3848
Revised Code. 3849

       The Director, by rule, shall define allowable and 3850
nonallowable costs for the purpose of the District Administration 3851
Costs Program. Nonallowable costs include indirect costs, elected 3852
official salaries and benefits, and project-specific costs. No 3853
district public works committee may participate in the District 3854
Administration Costs Program without the approval of those costs 3855
by the district public works committee under section 164.04 of the 3856
Revised Code. 3857

       REAPPROPRIATIONS 3858

       All capital appropriations from the Local Transportation 3859
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 68 of the 3860
126th General Assembly remaining unencumbered as of June 30, 2007, 3861
are reappropriated for use during the period July 1, 2007, through 3862
June 30, 2008, for the same purpose. 3863

       Notwithstanding division (B) of section 127.14 of the Revised 3864
Code, all capital appropriations and reappropriations from the 3865
Local Transportation Improvement Program Fund (Fund 052) in this 3866
act remaining unencumbered as of June 30, 2008, are reappropriated 3867
for use during the period July 1, 2008, through June 30, 2009, for 3868
the same purposes, subject to the availability of revenue as 3869
determined by the Director of the Public Works Commission. 3870

       Section 303.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO 3871
APPROPRIATIONS 3872

       Law contained in the main operating appropriations act of the 3873
127th General Assembly that is generally applicable to the 3874
appropriations made in the main operating appropriations act also 3875
is generally applicable to the appropriations made in this act. 3876

       Section 305.10. LEASE PAYMENTS TO OBA AND TREASURER 3877

       Certain appropriations are in this act for the purpose of 3878
lease payments to the Ohio Building Authority or to the Treasurer 3879
of State under leases and agreements relating to bonds or notes 3880
issued by the Ohio Building Authority or the Treasurer of State 3881
under the Ohio Constitution and acts of the General Assembly. If 3882
it is determined that additional appropriations are necessary for 3883
this purpose, such amounts are hereby appropriated. 3884

       Section 403.05. That Sections 235.20.20 and 235.30.70 of Am. 3885
Sub. H.B. 699 of the 126th General Assembly be amended to read as 3886
follows: 3887

Appropriations

       Sec. 235.20.20. CLS CLEVELAND STATE UNIVERSITY 3888

CAP-023 Basic Renovations $ 3,796,031 3889
CAP-125 College of Education $ 10,115,719 3890
CAP-148 Cleveland Institute of Art $ 1,000,000 3891
CAP-163 Anthropology Department Renovations/Relocation $ 400,000 3892
CAP-164 Chester Building Annex Demolition $ 921,583 3893
CAP-165 Bakers Building Renovations $ 1,328,583 3894
~~CAP-166~~ ~~Playhouse Square Center - Hanna Theatre~~ $ ~~750,000~~ 3895
CAP-167 Cleveland State University Windtower Generator Project $ 400,000 3896
CAP-168 Kenston Wind Turbine Project in Geauga (CSU Engineering Department) $ 300,000 3897
~~CAP-169~~ ~~Cleveland Museum of Art~~ $ ~~3,000,000~~ 3898
Total Cleveland State University $ ~~22,011,916~~ 18,261,916 3899

Appropriations

       Sec. 235.30.70. CCC CUYAHOGA COMMUNITY COLLEGE 3901

CAP-031 Basic Renovations $ 3,866,782 3902
CAP-095 Collegewide Asset Protection and Building Codes Upgrade $ 2,411,797 3903
CAP-099 Hospitality Management Program $ 4,000,000 3904
CAP-100 Theater/Auditorium Renovations $ 4,036,552 3905
CAP-101 Nursing Clinical Simulation Center $ 250,000 3906
CAP-102 Rock and Roll Hall of Fame Archives $ 200,000 3907
CAP-166 Playhouse Square Center - Hanna Theatre $ 750,000 3908
CAP-169 Cleveland Museum of Art $ 3,000,000 3909
Total Cuyahoga Community College $ ~~14,765,131~~ 18,515,131 3910

       Section 403.06. That existing Sections 235.20.20 and 3912
235.30.70 of Am. Sub. H.B. 699 of the 126th General Assembly are 3913
hereby repealed. 3914

       Section 545.03. The amendment by this act of section 4561.18 3915
of the Revised Code shall first apply to the registration form to 3916
be filed and associated license tax to be paid in 2007. If a 3917
taxpayer has filed the registration for 2007 and paid the tax due 3918
for 2007, and the amendment by this act of section 4561.18 of the 3919
Revised Code results in a reduction of the aircraft license tax 3920
due in 2007, the taxpayer is entitled to claim a refund of the 3921
excess tax paid using procedures the Ohio Department of 3922
Transportation shall establish for the purpose. Any refund claim 3923
authorized under this section shall be filed with the Department 3924
of Transportation on or before December 31, 2007, and the refund 3925
shall be paid within ninety days after the filing of the refund 3926
claim. 3927

       Section 550.10. FEDERAL JUSTICE GRANTS FUND 3928

       The Federal Justice Grants Fund created by the amendment by 3929
this act of section 5502.62 of the Revised Code is the same fund, 3930
with a new name, as the Justice Programs Fund (Fund 3L5). 3931

       Section 550.20. JUSTICE PROGRAM SERVICES FUND 3932

       The Justice Program Services Fund created by section 5502.67 3933
of the Revised Code is the same fund, with a new name, as the 3934
General Services Fund (Fund 4P6). 3935

       Section 555.05. The Director of Public Safety, in accordance 3936
with section 205(b) of the REAL ID Act of 2005, Pub. L. No. 3937
109-13, 119 Stat. 231, 315, 49 U.S.C. 30301 note, and rules 3938
adopted thereunder, shall request an extension of time to meet the 3939
requirements of the REAL ID Act of 2005. The request shall comply 3940
with requirements of the Department of Homeland Security and shall 3941
notify the Department of the necessity for additional time to 3942
enable Ohio to implement the rules of the Department. The Director 3943
shall make the request as soon as practicable, but not later than 3944
October 1, 2007. 3945

       Section 555.10. (A) On or before December 31, 2007, a 3946
transportation improvement district and any two or more 3947
governmental agencies may enter into an agreement providing for 3948
the joint financing of any street, highway, interchange, or other 3949
transportation project. Any such agreement shall be approved by 3950
resolution or ordinance passed by the legislative authority of 3951
each of the parties to such agreement, which resolution or 3952
ordinance shall authorize the execution thereof by a designated 3953
official or officials of each of such parties, and such agreement, 3954
when so approved and executed, shall be in full force and effect. 3955

       (B)(1) Subject to division (B)(2) of this section, any party 3956
to such an agreement may issue and, notwithstanding any other 3957
provision of the Revised Code, a district may purchase directly 3958
from the party as an investment, securities to evidence the 3959
obligations of that party to the district pursuant to the 3960
agreement for its portion of the cost of the project pursuant to 3961
Chapter 133. or other applicable provisions of the Revised Code. 3962

       (2) More than half of the property necessary for any project 3963
undertaken pursuant to an agreement under this section for which a 3964
district is purchasing securities under division (B)(1) of this 3965
section shall be located within the territory of the 3966
transportation improvement district. 3967

       (C) Any term used in this section has the same meaning as 3968
defined in section 5540.01 of the Revised Code, as amended by this 3969
act, unless the context clearly requires another meaning. 3970

       Section 555.15. The Director of Transportation may enter into 3971
agreements as provided in this section with the United States or 3972
any department or agency of the United States, including, but not 3973
limited to, the United States Army Corps of Engineers, the United 3974
States Forest Service, the United States Environmental Protection 3975
Agency, and the United States Fish and Wildlife Service. An 3976
agreement entered into pursuant to this section shall be solely 3977
for the purpose of dedicating staff to the expeditious and timely 3978
review of environmentally related documents submitted by the 3979
Department of Transportation, as necessary for the approval of 3980
federal permits. The Director shall submit a request to the 3981
Controlling Board indicating the amount of the agreement, the 3982
services to be performed by the United States or the department or 3983
agency of the United States, and the circumstances giving rise to 3984
the agreement. 3985

       Section 555.20. The Department of Transportation shall erect 3986
and maintain the following signs: 3987

        (1) One sign next to each eastbound and westbound roadway of 3988
Interstate Highway 70 approaching Exit Number 28 that reads 3989
"Sinclair College Englewood Learning Center." 3990

        (2) One sign next to each eastbound and westbound roadway of 3991
Interstate Highway 70 approaching Exit Number 38 that reads 3992
"Sinclair College Huber Learning Center." 3993

        The signs shall conform to the provisions contained in the 3994
manual adopted by the Department pursuant to section 4511.09 of 3995
the Revised Code regarding the size, coloring, lettering, and 3996
installation location of the signs. 3997

       Section 557.10. Notwithstanding Chapter 5735. of the Revised 3998
Code, the following shall apply for the period of July 1, 2007, 3999
through June 30, 2009: 4000

        (A) For the discount under section 5735.06 of the Revised 4001
Code, if the monthly report is timely filed and the tax is timely 4002
paid, 1.0 per cent of the total number of gallons of motor fuel 4003
received by the motor fuel dealer within the state during the 4004
preceding calendar month, less the total number of gallons 4005
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of 4006
the Revised Code, less 0.50 per cent of the total number of 4007
gallons of motor fuel that were sold to a retail dealer during the 4008
preceding calendar month. 4009

        (B) For the semiannual periods ending December 31, 2007, June 4010
30, 2008, December 31, 2008, and June 30, 2009, the refund 4011
provided to retail dealers under section 5735.141 of the Revised 4012
Code shall be 0.50 per cent of the Ohio motor fuel taxes paid on 4013
fuel purchased during those semiannual periods. 4014

       Section 557.11. Each retail dealer is allowed a vendor 4015
discount equal to 0.90% of the motor fuel taxes paid on motor fuel 4016
purchased by the retail dealer during each of the semiannual 4017
periods occurring during the biennium beginning July 1, 2007, and 4018
ending June 30, 2009. The vendor discount shall be refunded to the 4019
retail dealer upon application by the dealer to the Tax 4020
Commissioner within 120 days after the end of each such semiannual 4021
period in the manner prescribed by the Tax Commissioner. The 4022
vendor discount is in addition to any other refund allowed the 4023
dealer under Section 557.10 of this act. The vendor discount shall 4024
be paid in the same manner and from the same fund as prescribed in 4025
section 5735.141 of the Revised Code. As used in this section, 4026
"motor fuel" and "retail dealer" have the same meanings as in 4027
section 5735.01 of the Revised Code. 4028

       Section 571.10. (A) Notwithstanding the limitations in 4029
section 3313.41 of the Revised Code pertaining to the disposal of 4030
real estate, the South Point Board of Education is hereby 4031
authorized to execute a deed conveying to the Superintendent of 4032
the State Highway Patrol and its successors and assigns all of the 4033
Board's right, title, and interest in the following described real 4034
estate: 4035

       A certain tract of land situate in the southeast quarter of 4036
Section 29, Township 1 North, Range 16 West, Perry Township, 4037
Lawrence County, Ohio, on the waters of Willow Creek, and being 4038
more particularly bounded and described as follows: 4039

       Beginning for reference at a 1" iron pin (found) at the 4040
intersection of the centerline of County Road No. 60, commonly 4041
known as Sand Road, with the centerline of Township Road No. 161, 4042
commonly known as Willow Creek Road, and being on the line between 4043
Sections 29 and 32, marking a corner common to the lands now or 4044
formerly owned by Merle D. Adams, et ux, (D.V. 577, Pg. 110), and 4045
the lands now owned by the South Point Local Board of Education, 4046
(O.R.V. 316, Pg. 578), from which a window weight (found), on the 4047
said section line, bears: South 86° 47' 15" East 315.67 feet; 4048
thence, leaving the centerline of the said County Road No. 60, and 4049
the centerline of the said Township Road No. 161, and severing the 4050
said Section 29, North 64° 32' 11 East 646.96 feet to a point in 4051
the centerline of the said Township Road No. 161, and being in the 4052
line between the lands now or formerly owned by Brent Fugett, 4053
(O.R.V. 60, Pg. 192), and the lands of the said Board of 4054
Education, and marking the TRUE PLACE OF BEGINNING; thence, 4055
leaving the lands of the said Fugett and the centerline of the 4056
said Township Road No. 161, and severing the lands of the said 4057
Board of Education, as follows: 4058

       North 22° 55' 17" West, crossing Willow Creek, and passing a 4059
5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham 4060
& Associates" (set), at 48.16 feet, in all 187.00 feet to a 5/8" x 4061
32" reinforcing rod with a red plastic cap stamped "Eastham & 4062
Associates" (set), 4063

       North 00° 44' 19" West 233.19 feet to a 5/8" x 32" 4064
reinforcing rod with a red plastic cap stamped "Eastham & 4065
Associates" (set), 4066

       North 44° 39' 47" East 267.08 feet to a 5/8" x 32" 4067
reinforcing rod with a red plastic cap stamped "Eastham & 4068
Associates" (set), 4069

       North 74° 13' 35" East 270.00 feet to a 5/8" x 32" 4070
reinforcing rod with a red plastic cap stamped "Eastham & 4071
Associates" (set), 4072

       North 77° 34' 49" East 73.75 feet to a 5/8" x 32" reinforcing 4073
rod with a red plastic cap stamped "Eastham & Associates" (set) 4074
near a sharp bend in the said Creek, 4075

       South 46° 39' 17" East, crossing the said Willow Creek, and 4076
passing a 5/8" x 32" reinforcing rod with a red plastic cap 4077
stamped "Eastham & Associates" (set), at 115.75 feet, in all 4078
129.24 feet to a point in the centerline of the said Township Road 4079
No. 161, and being in the line of the lands now or formerly owned 4080
by Janet R. Griffiths, (D.V. 558, Pg. 553); thence, with the lands 4081
of the said Griffiths, and with the centerline of the said 4082
Township Road No. 161, as follows: 4083

       South 52° 48' 03" West 66.81 feet, 4084

       South 49° 28' 30" West 65.96 feet, 4085

       South 40° 51' 16" West 54.26 feet, 4086

       South 38° 45' 31" West 81.05 feet, 4087

       South 42° 08' 15" West 109.93 feet, 4088

       South 39° 15' 42" West 78.12 feet, 4089

       South 33° 26' 56" West 104.46 feet, 4090

       South 33° 57' 48" West 74.78 feet, 4091

       South 48° 04' 56" West, passing a corner common to the lands 4092
of the said Fugett, in all 96.67 feet; thence, with the lands of 4093
the said Fugett, and continuing with the centerline of the said 4094
Road No. 161, 4095

       South 45° 33' 07" West 75.19 feet to the TRUE PLACE OF 4096
BEGINNING, containing 4.463 acres, more or less, as surveyed under 4097
the supervision of Ronald L. Eastham, Registered Professional 4098
Surveyor No. 6026, on July 25, 2006, and revised on September 18, 4099
2006, as shown on the attached plat and made a part of this 4100
description. 4101

       The above described tract is a part of the same land as that 4102
described in a deed from Freddie L. Hayes, single, Danny J. 4103
Holschuh "AKA" Danny Holschuh and Lorelei Holschuh, husband and 4104
wife, dated September 24, 2004, and recorded in Official Record 4105
Volume 316, Page 578, in the Office of the Recorder of Lawrence 4106
County, Ohio. 4107

       And being a part of (0.404 ac.) the Auditor's Tax Parcel No. 4108
15-124-1400.000, and a part of (4.059 ac.) the Auditor's Tax 4109
Parcel No. 15-124-1600.000. 4110

       And being subject to all restrictions, reservations, 4111
rights-of-ways, easements, utilities, covenants, exceptions, 4112
conveyances, leases and exclusions previously imposed and 4113
appearing of record, and those not of record. 4114

       (B) Consideration for the conveyance of the real estate 4115
described in division (A) of this section is the mutual benefit 4116
accruing to the state and the South Point Board of Education from 4117
the State Highway Patrol's construction of a new patrol post on 4118
the real estate. 4119

       (C) Within one year after the effective date of this act, the 4120
South Point Board of Education shall prepare a deed to the real 4121
estate described in division (A) of this section. The deed shall 4122
state the consideration. The deed shall be executed by the South 4123
Point Board of Education and delivered to the Superintendent of 4124
the State Highway Patrol. The Superintendent of the State Highway 4125
Patrol shall present the deed for recording in the office of the 4126
Lawrence County Recorder. 4127

       (D) This section expires five years after its effective date. 4128

       Section 603.10. The items of law contained in this act, and 4129
their applications, are severable. If any item of law contained in 4130
this act, or if any application of any item of law contained in 4131
this act, is held invalid, the invalidity does not affect other 4132
items of law contained in this act and their applications that can 4133
be given effect without the invalid item of law or application. 4134

       Section 609.10. Except as otherwise specifically provided in 4135
this act, the codified sections of law amended or enacted in this 4136
act, and the items of law of which the codified sections of law 4137
amended or enacted in this act are composed, are subject to the 4138
referendum. Therefore, under Ohio Constitution, Article II, 4139
Section 1c and section 1.471 of the Revised Code, the codified 4140
sections of law amended or enacted by this act, and the items of 4141
law of which the codified sections of law as amended or enacted by 4142
this act are composed, take effect on the ninety-first day after 4143
this act is filed with the Secretary of State. If, however, a 4144
referendum petition is filed against any such codified section of 4145
law as amended or enacted by this act, or against any item of law 4146
of which any such codified section of law as amended or enacted by 4147
this act is composed, the codified section of law as amended or 4148
enacted, or item of law, unless rejected at the referendum, takes 4149
effect at the earliest time permitted by law. 4150

       Section 610.10. (A) The amendment by this act of sections 4151
5751.032 and 5751.20 of the Revised Code provide for or are 4152
essential to the implementation of a tax levy. Therefore, under 4153
Ohio Constitution, Article II, Section 1d, those amendments and 4154
enactment are not subject to the referendum and take effect on 4155
July 1, 2007. 4156

       (B) This section is not subject to the referendum. Therefore, 4157
under Ohio Constitution, Article II, Section 1d, this section goes 4158
into immediate effect when this act becomes law. 4159

       Section 611.10. (A)(1) Insofar as the items of law in the 4160
uncodified sections of law contained in this act appropriate money 4161
for the current expenses of state government, earmark this class 4162
of appropriations, or depend for their implementation upon an 4163
appropriation of this class, the items of law are not subject to 4164
the referendum. To that extent therefore, under Ohio Constitution, 4165
Article II, Section 1d and section 1.471 of the Revised Code, 4166
these items of law go into immediate effect when this act becomes 4167
law. 4168

       (2) Insofar as the items of law in the uncodified sections of 4169
law contained in this act appropriate money other than for the 4170
current expenses of state government, earmark this class of 4171
appropriations, or depend for their implementation upon an 4172
appropriation of this class, the items of law are subject to the 4173
referendum. To that extent therefore, under Ohio Constitution, 4174
Article II, Section 1c and section 1.471 of the Revised Code, 4175
these items of law take effect on the ninety-first day after this 4176
act is filed with the Secretary of State. If, however, a 4177
referendum petition is filed against such an item of law, the item 4178
of law, unless rejected at the referendum, takes effect at the 4179
earliest time permitted by law. 4180

       (B) This section is not subject to the referendum. Therefore, 4181
under Ohio Constitution, Article II, Section 1d and section 1.471 4182
of the Revised Code, this section goes into immediate effect when 4183
this act becomes law. 4184

       Section 611.20. Sections 550.10, 550.20, 557.10, and 571.10 4185
of this act and the items of law of which they are composed are 4186
subject to the referendum. Therefore, under Ohio Constitution, 4187
Article II, Section 1c and section 1.471 of the Revised Code, the 4188
sections and items of law take effect on the ninety-first day 4189
after this act is filed with the Secretary of State. If, however, 4190
a referendum petition is filed against any such section or against 4191
any such item of law, the section or item of law, unless rejected 4192
at the referendum, takes effect at the earliest time permitted by 4193
law. 4194

       Section 615.10. The amendment by this act of Sections 4195
235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of the 126th General 4196
Assembly is not subject to the referendum. Therefore, under Ohio 4197
Constitution, Article II, Section 1c and section 1.471 of the 4198
Revised Code, the amendment takes effect on the ninety-first day 4199
after this act is filed with the Secretary of State. If, however, 4200
a referendum petition is filed against the amendment, the 4201
amendment, unless rejected at the referendum, takes effect at the 4202
earliest time permitted by law. 4203

       Section 620.10. Section 4561.18 of the Revised Code is 4204
presented in this act as a composite of the section as amended by 4205
both Am. Sub. H.B. 66 and Am. Sub. S.B. 9 of the 126th General 4206
Assembly. The General Assembly, applying the principle stated in 4207
division (B) of section 1.52 of the Revised Code that amendments 4208
are to be harmonized if reasonably capable of simultaneous 4209
operation, finds that the composite is the resulting version of 4210
the section in effect prior to the effective date of the section 4211
as presented in this act. 4212

Section 101.01. That sections 737.04, 737.041, 3314.091,	12
3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4511.101, 4511.21,	13
4519.59, 4561.18, 5501.31, 5501.49, 5502.03, 5502.62, 5516.01,	14
5537.16, 5577.05, 5591.02, 5735.05, 5751.032, and 5751.20 be	15
amended and sections 121.51, 4511.092, 5502.67, 5537.31, and	16
5537.32 of the Revised Code be enacted to read as follows:	17

Sec. 121.51. There is hereby created in the office of the	18
inspector general the position of deputy inspector general for the	19
department of transportation. The inspector general shall hire the	20
deputy inspector general, and the deputy inspector general shall	21
serve at the pleasure of the inspector general. A person employed	22
as the deputy inspector general shall have the same qualifications	23
as those specified in section 121.49 of the Revised Code for the	24
inspector general. The inspector general shall provide	25
professional and clerical assistance to the deputy inspector	26
general. The inspector general shall certify to the director of	27
budget and management the costs incurred by the deputy inspector	28
general, including the salaries of the deputy inspector general	29
and the employees assisting the deputy inspector general. The	30
director of budget and management shall transfer the amount	31
certified from the appropriation made to the department of	32
transportation from which expenditures for general administrative	33
purposes, as distinguished from specific infrastructure projects,	34
are made.	35

The deputy inspector general shall investigate all claims or	36
cases of criminal violations, abuse of office, or misconduct on	37
the part of officers or employees of the department and shall	38
conduct a program of random review of the processing of contracts	39
associated with building and maintaining the state's	40
infrastructure. The random review program shall be designed by the	41
inspector general. The program shall be confidential and may be	42
altered by the inspector general at any time. The deputy inspector	43
general has the same powers and duties regarding matters	44
concerning the department as those specified in sections 121.42,	45
121.43, and 121.45 of the Revised Code for the inspector general.	46
Complaints may be filed with the deputy inspector general in the	47
same manner as prescribed for complaints filed with the inspector	48
general under section 121.46 of the Revised Code. All	49
investigations conducted and reports issued by the deputy	50
inspector general are subject to section 121.44 of the Revised	51
Code.	52

All officers and employees of the department shall cooperate	53
with and provide assistance to the deputy inspector general in the	54
performance of any investigation conducted by the deputy inspector	55
general. In particular, those persons shall make their premises,	56
equipment, personnel, books, records, and papers readily available	57
to the deputy inspector general. In the course of an	58
investigation, the deputy inspector general may question any	59
officers or employees of the department and any person transacting	60
business with the department and may inspect and copy any books,	61
records, or papers in the possession of the department, taking	62
care to preserve the confidentiality of information contained in	63
responses to questions or the books, records, or papers that are	64
made confidential by law. In performing any investigation, the	65
deputy inspector general shall avoid interfering with the ongoing	66
operations of the department, except insofar as is reasonably	67
necessary to complete the investigation successfully.	68

The deputy inspector general shall deliver to the director of	69
transportation and the governor any case for which remedial action	70
is necessary. The deputy inspector general shall maintain a public	71
record of its activities to the extent permitted under this	72
section, ensuring that the rights of the parties involved in each	73
case are protected and, once every six months, shall report to the	74
governor, the general assembly, and the director of transportation	75
the deputy inspector general's findings and the corrective actions	76
subsequently taken in cases considered by the deputy inspector	77
general.	78

No person shall disclose any information that is designated	79
as confidential in accordance with section 121.44 of the Revised	80
Code or any confidential information that is acquired in the	81
course of an investigation conducted under this section to any	82
person who is not legally entitled to disclosure of that	83
information.	84

Sec. 737.04. The legislative authority of any municipal	85
corporation, in order to obtain police protection or to obtain	86
additional police protection, or to allow its police officers to	87
work in multijurisdictional drug, gang, or career criminal task	88
forces, may enter into contracts with one or more municipal	89
corporations, townships, township police districts, or county	90
sheriffs in this state, with one or more park districts created	91
pursuant to section 511.18 or 1545.01 of the Revised Code, with	92
one or more port authorities, or with a contiguous municipal	93
corporation in an adjoining state, upon any terms that are agreed	94
upon, for services of police departments or the use of police	95
equipment or for the interchange of services of police departments	96
or police equipment within the several territories of the	97
contracting subdivisions.	98

Chapter 2744. of the Revised Code, insofar as it applies to	99
the operation of police departments, shall apply to the	100
contracting political subdivisions and to the police department	101
members when they are rendering service outside their own	102
subdivisions pursuant to the contracts.	103

Police department members acting outside the subdivision in	104
which they are employed, pursuant to a contract entered into under	105
this section, shall be entitled to participate in any indemnity	106
fund established by their employer to the same extent as while	107
acting within the employing subdivision. Those members shall be	108
entitled to all the rights and benefits of Chapter 4123. of the	109
Revised Code, to the same extent as while performing service	110
within the subdivision.	111

(A) A fixed annual charge to be paid at the times agreed upon	113
and stipulated in the contract;	114

(3) The elapsed time of service required in each call or	118
emergency.	119

(C) Compensation for loss or damage to equipment while	120
engaged in rendering police services outside the limits of the	121
subdivision owning and furnishing the equipment;	122

(D) Reimbursement of the subdivision in which the police	123
department members are employed for any indemnity award or premium	124
contribution assessed against the employing subdivision for	125
workers' compensation benefits for injuries or death of its police	126
department members occurring while engaged in rendering police	127
services pursuant to the contract.	128

Sec. 737.041. The police department of any municipal	129
corporation may provide police protection to any county, municipal	130
corporation, township, or township police district of this state,	131
to a park district created pursuant to section 511.18 or 1545.01	132
of the Revised Code, to a port authority, to any	133
multijurisdictional drug, gang, or career criminal task force, or	134
to a governmental entity of an adjoining state without a contract	135
to provide police protection, upon the approval, by resolution, of	136
the legislative authority of the municipal corporation in which	137
the department is located and upon authorization by an officer or	138
employee of the police department providing the police protection	139
who is designated by title of office or position, pursuant to the	140
resolution of the legislative authority of the municipal	141
corporation, to give the authorization.	142

Chapter 2744. of the Revised Code, insofar as it applies to	143
the operation of police departments, shall apply to any municipal	144
corporation and to members of its police department when the	145
members are rendering police services pursuant to this section	146
outside the municipal corporation by which they are employed.	147

Police department members acting, as provided in this	148
section, outside the municipal corporation by which they are	149
employed shall be entitled to participate in any pension or	150
indemnity fund established by their employer to the same extent as	151
while acting within the municipal corporation by which they are	152
employed. Those members shall be entitled to all the rights and	153
benefits of Chapter 4123. of the Revised Code to the same extent	154
as while performing services within the municipal corporation by	155
which they are employed.	156

Sec. 3314.091. (A) A school district is not required to	157
provide transportation for any native student enrolled in a	158
community school if the district board of education has entered	159
into an agreement with the community school's governing authority	160
that designates the community school as responsible for providing	161
or arranging for the transportation of the district's native	162
students to and from the community school. For any such agreement	163
to be effective, it must be certified by the superintendent of	164
public instruction as having met all of the following	165
requirements:	166

(1) It is submitted to the department of education by a	167
deadline which shall be established by the department.	168

(2) ItIn accordance with divisions (C)(1) and (2) of this	169
section, it specifies qualifications, such as residing a minimum	170
distance from the school, for students to have their	171
transportation provided or arranged.	172

(3) The transportation provided by the community school is	173
subject to all provisions of the Revised Code and all rules	174
adopted under the Revised Code pertaining to pupil transportation.	175

(4) The sponsor of the community school also has signed the	176
agreement.	177

(B) A school district is not required to provide	178
transportation for any native student enrolled in a community	179
school if the governing authority of the community school, by a	180
date prescribed by the department, submits written notification to	181
the district board of education stating that the governing	182
authority is accepting responsibility for providing or arranging	183
for the transportation of the district's native students to and	184
from the community school. A governing authority's acceptance of	185
responsibility under this division shall cover an entire school	186
year, and shall remain in effect for subsequent school years	187
unless the governing authority submits written notification to the	188
district board that the governing authority is relinquishing the	189
responsibility. However, a governing authority shall not	190
relinquish responsibility for transportation before the end of a	191
school year, and shall submit the notice relinquishing	192
responsibility by a date prescribed by the department to allow the	193
school district reasonable time to prepare transportation for its	194
native students enrolled in the school.	195

(C)(1) A community school governing authority that enters	196
into an agreement ~~to provide transportation~~ under division (A) of	197
this section, or that accepts responsibility under division (B) of	198
this section, shall provide or arrange transportation free of any	199
charge for each of its enrolled students ~~eligible for~~	200
~~transportation as specified in~~who is required to be transported	201
under section 3327.01 of the Revised Code or who would otherwise	202
be transported by the school district under the district's	203
transportation policy. The governing authority shall provide or	204
arrange transportation in a manner that is comparable to the	205
transportation that the district provides or arranges for its	206
native students of the same grade level and distance from school	207
who are enrolled in the district's schools.	208

(2) The governing authority may provide or arrange	209
transportation for any other enrolled student who is not eligible	210
for transportation in accordance with division (C)(1) of this	211
section and may charge a fee for such service up to the actual	212
cost of the service.	213

~~(2)~~(3) Notwithstanding anything to the contrary in division	214
~~(B)~~(C)(1) or (2) of this section, a community school governing	215
authority shall provide or arrange transportation free of any	216
charge for any disabled student enrolled in the school for whom	217
the student's individualized education program developed under	218
Chapter 3323. of the Revised Code specifies transportation.	219

~~(C)~~(D)(1) If a school district board and a community school	220
governing authority elect to enter into an agreement under	221
division (A) of this section, the department of education ~~annually~~	222
shall ~~pay~~make payments to the community school ~~the amount~~	223
~~specified in division (C)(2) of this section for each of the~~	224
~~enrolled students for whom the school's governing authority~~	225
~~provides or arranges transportation to and from school. The~~	226
according to the terms of the agreement for each student actually	227
transported under division (C)(1) of this section. If a community	228
school governing authority accepts transportation responsibility	229
under division (B) of this section, the department shall make	230
payments to the community school for each student actually	231
transported under division (C)(1) of this section, calculated in	232
accordance with division (D) of section 3317.022 of the Revised	233
Code and any rules of the state board of education implementing	234
that division, and that otherwise would be paid to the school	235
district in which the student is entitled to attend school under	236
section 3313.64 or 3313.65 of the Revised Code.	237

(2) The department shall deduct the payment under division	238
(D)(1) of this section from the state payment under Chapter 3317.	239
and, if necessary, sections 321.14 and 323.156 of the Revised Code	240
that is otherwise paid to the school district in which the student	241
enrolled in the community school resides. The department shall	242
include the number of the district's native students for whom	243
payment is made to a community school under ~~this~~ division (D)(1)	244
of this section in the calculation of the district's	245
transportation payment under division (D) of section 3317.022 of	246
the Revised Code.	247

(3) A community school shall be paid under ~~this~~ division	248
(D)(1) of this section only for students who are eligible as	249
specified in section 3327.01 of the Revised Code ~~or who are~~	250
~~disabled and whose individualized education program requires~~	251
~~transportation~~and division (C)(1) of this section, and whose	252
transportation to and from school is actually provided or, who	253
actually utilized transportation arranged, or for whom a payment	254
in lieu of transportation is made by the community school's	255
governing authority. To qualify for the payments, the community	256
school shall report to the department, in the form and manner	257
required by the department, data on the number of students	258
transported or whose transportation is arranged, the number of	259
miles traveled, cost to transport, and any other information	260
requested by the department.	261

(4) A community school shall use payments received under this	262
~~division~~section solely to pay the costs of providing or arranging	263
for the transportation of students who are eligible as specified	264
in section 3327.01 of the Revised Code ~~or who are disabled and~~	265
~~whose individualized education program requires transportation~~and	266
division (C)(1) of this section, which may include payments to a	267
parent, guardian, or other person in charge of a child in lieu of	268
transportation.	269

~~(2) The payment to a community school governing authority~~	270
~~under this section for eligible students shall be made according~~	271
~~to the terms of the agreement entered into under this section.~~	272