As Reported by the House Finance and Appropriations Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 67

Representatives Patton, Webster, Hottinger, Evans, Flowers, Schlichter, Strahorn 

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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, 5531.11,

6

5537.31, and 5537.32 of the Revised Code; and to

7

amend Sections 235.20.20, 235.30.70, and 237.10 of

8

Am. Sub. H.B. 699 of the 126th General Assembly to

9

make appropriations for, and to prescribe terms

10

and conditions pertaining to, transportation and

11

public safety purposes.

12

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

Section 101.01. That sections 737.04, 737.041, 3314.091,	13
3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4511.101, 4511.21,	14
4519.59, 4561.18, 5501.31, 5501.49, 5502.03, 5502.62, 5516.01,	15
5537.16, 5577.05, 5591.02, 5735.05, 5751.032, and 5751.20 be	16
amended and sections 121.51, 4511.092, 5502.67, 5531.11, 5537.31,	17
and 5537.32 of the Revised Code be enacted to read as follows:	18

Sec. 121.51.  There is hereby created in the office of the	19
inspector general the position of deputy inspector general for the	20
department of transportation. The inspector general shall hire the	21
deputy inspector general, and the deputy inspector general shall	22
serve at the pleasure of the inspector general. A person employed	23
as the deputy inspector general shall have the same qualifications	24
as those specified in section 121.49 of the Revised Code for the	25
inspector general. The inspector general shall provide	26
professional and clerical assistance to the deputy inspector	27
general. The inspector general shall certify to the director of	28
budget and management the costs incurred by the deputy inspector	29
general, including the salaries of the deputy inspector general	30
and the employees assisting the deputy inspector general. The	31
director of budget and management shall transfer the amount	32
certified from the appropriation made to the department of	33
transportation from which expenditures for general administrative	34
purposes, as distinguished from specific infrastructure projects,	35
are made.	36

The deputy inspector general shall investigate all claims or	37
cases of criminal violations, abuse of office, or misconduct on	38
the part of officers or employees of the department and shall	39
conduct a program of random review of the processing of contracts	40
associated with building and maintaining the state's	41
infrastructure. The random review program shall be designed by the	42
inspector general. The program shall be confidential and may be	43
altered by the inspector general at any time. The deputy inspector	44
general has the same powers and duties regarding matters	45
concerning the department as those specified in sections 121.42,	46
121.43, and 121.45 of the Revised Code for the inspector general.	47
Complaints may be filed with the deputy inspector general in the	48
same manner as prescribed for complaints filed with the inspector	49
general under section 121.46 of the Revised Code. All	50
investigations conducted and reports issued by the deputy	51
inspector general are subject to section 121.44 of the Revised	52
Code.	53

All officers and employees of the department shall cooperate	54
with and provide assistance to the deputy inspector general in the	55
performance of any investigation conducted by the deputy inspector	56
general. In particular, those persons shall make their premises,	57
equipment, personnel, books, records, and papers readily available	58
to the deputy inspector general. In the course of an	59
investigation, the deputy inspector general may question any	60
officers or employees of the department and any person transacting	61
business with the department and may inspect and copy any books,	62
records, or papers in the possession of the department, taking	63
care to preserve the confidentiality of information contained in	64
responses to questions or the books, records, or papers that are	65
made confidential by law. In performing any investigation, the	66
deputy inspector general shall avoid interfering with the ongoing	67
operations of the department, except insofar as is reasonably	68
necessary to complete the investigation successfully.	69

The deputy inspector general shall deliver to the director of	70
transportation and the governor any case for which remedial action	71
is necessary. The deputy inspector general shall maintain a public	72
record of its activities to the extent permitted under this	73
section, ensuring that the rights of the parties involved in each	74
case are protected and, once every six months, shall report to the	75
governor, the general assembly, and the director of transportation	76
the deputy inspector general's findings and the corrective actions	77
subsequently taken in cases considered by the deputy inspector	78
general.	79

No person shall disclose any information that is designated	80
as confidential in accordance with section 121.44 of the Revised	81
Code or any confidential information that is acquired in the	82
course of an investigation conducted under this section to any	83
person who is not legally entitled to disclosure of that	84
information.	85

Sec. 737.04.  The legislative authority of any municipal	86
corporation, in order to obtain police protection or to obtain	87
additional police protection, or to allow its police officers to	88
work in multijurisdictional drug, gang, or career criminal task	89
forces, may enter into contracts with one or more municipal	90
corporations, townships, township police districts, or county	91
sheriffs in this state, with one or more park districts created	92
pursuant to section 511.18 or 1545.01 of the Revised Code, with	93
one or more port authorities, or with a contiguous municipal	94
corporation in an adjoining state, upon any terms that are agreed	95
upon, for services of police departments or the use of police	96
equipment or for the interchange of services of police departments	97
or police equipment within the several territories of the	98
contracting subdivisions.	99

Chapter 2744. of the Revised Code, insofar as it applies to	100
the operation of police departments, shall apply to the	101
contracting political subdivisions and to the police department	102
members when they are rendering service outside their own	103
subdivisions pursuant to the contracts.	104

Police department members acting outside the subdivision in	105
which they are employed, pursuant to a contract entered into under	106
this section, shall be entitled to participate in any indemnity	107
fund established by their employer to the same extent as while	108
acting within the employing subdivision. Those members shall be	109
entitled to all the rights and benefits of Chapter 4123. of the	110
Revised Code, to the same extent as while performing service	111
within the subdivision.	112

The contracts may provide for:

113

(A) A fixed annual charge to be paid at the times agreed upon	114
and stipulated in the contract;	115

(B) Compensation based upon:

116

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

117

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

118

(3) The elapsed time of service required in each call or	119
emergency.	120

(C) Compensation for loss or damage to equipment while	121
engaged in rendering police services outside the limits of the	122
subdivision owning and furnishing the equipment;	123

(D) Reimbursement of the subdivision in which the police	124
department members are employed for any indemnity award or premium	125
contribution assessed against the employing subdivision for	126
workers' compensation benefits for injuries or death of its police	127
department members occurring while engaged in rendering police	128
services pursuant to the contract.	129

Sec. 737.041.  The police department of any municipal	130
corporation may provide police protection to any county, municipal	131
corporation, township, or township police district of this state,	132
to a park district created pursuant to section 511.18 or 1545.01	133
of the Revised Code, to a port authority, to any	134
multijurisdictional drug, gang, or career criminal task force, or	135
to a governmental entity of an adjoining state without a contract	136
to provide police protection, upon the approval, by resolution, of	137
the legislative authority of the municipal corporation in which	138
the department is located and upon authorization by an officer or	139
employee of the police department providing the police protection	140
who is designated by title of office or position, pursuant to the	141
resolution of the legislative authority of the municipal	142
corporation, to give the authorization.	143

Chapter 2744. of the Revised Code, insofar as it applies to	144
the operation of police departments, shall apply to any municipal	145
corporation and to members of its police department when the	146
members are rendering police services pursuant to this section	147
outside the municipal corporation by which they are employed.	148

Police department members acting, as provided in this	149
section, outside the municipal corporation by which they are	150
employed shall be entitled to participate in any pension or	151
indemnity fund established by their employer to the same extent as	152
while acting within the municipal corporation by which they are	153
employed. Those members shall be entitled to all the rights and	154
benefits of Chapter 4123. of the Revised Code to the same extent	155
as while performing services within the municipal corporation by	156
which they are employed.	157

Sec. 3314.091.  (A) A school district is not required to	158
provide transportation for any native student enrolled in a	159
community school if the district board of education has entered	160
into an agreement with the community school's governing authority	161
that designates the community school as responsible for providing	162
or arranging for the transportation of the district's native	163
students to and from the community school. For any such agreement	164
to be effective, it must be certified by the superintendent of	165
public instruction as having met all of the following	166
requirements:	167

(1) It is submitted to the department of education by a	168
deadline which shall be established by the department.	169

(2) ItIn accordance with divisions (C)(1) and (2) of this	170
section, it specifies qualifications, such as residing a minimum	171
distance from the school, for students to have their	172
transportation provided or arranged.	173

(3) The transportation provided by the community school is	174
subject to all provisions of the Revised Code and all rules	175
adopted under the Revised Code pertaining to pupil transportation.	176

(4) The sponsor of the community school also has signed the	177
agreement.	178

(B) A school district is not required to provide	179
transportation for any native student enrolled in a community	180
school if the governing authority of the community school, by a	181
date prescribed by the department, submits written notification to	182
the district board of education stating that the governing	183
authority is accepting responsibility for providing or arranging	184
for the transportation of the district's native students to and	185
from the community school. A governing authority's acceptance of	186
responsibility under this division shall cover an entire school	187
year, and shall remain in effect for subsequent school years	188
unless the governing authority submits written notification to the	189
district board that the governing authority is relinquishing the	190
responsibility. However, a governing authority shall not	191
relinquish responsibility for transportation before the end of a	192
school year, and shall submit the notice relinquishing	193
responsibility by a date prescribed by the department to allow the	194
school district reasonable time to prepare transportation for its	195
native students enrolled in the school.	196

(C)(1) A community school governing authority that enters	197
into an agreement to provide transportation under division (A) of	198
this section, or that accepts responsibility under division (B) of	199
this section, shall provide or arrange transportation free of any	200
charge for each of its enrolled students eligible for	201
transportation as specified inwho is required to be transported	202
under section 3327.01 of the Revised Code or who would otherwise	203
be transported by the school district under the district's	204
transportation policy. The governing authority shall provide or	205
arrange transportation in a manner that is comparable to the	206
transportation that the district provides or arranges for its	207
native students of the same grade level and distance from school	208
who are enrolled in the district's schools.	209

(2) The governing authority may provide or arrange	210
transportation for any other enrolled student who is not eligible	211
for transportation in accordance with division (C)(1) of this	212
section and may charge a fee for such service up to the actual	213
cost of the service.	214

(2)(3) Notwithstanding anything to the contrary in division	215
(B)(C)(1) or (2) of this section, a community school governing	216
authority shall provide or arrange transportation free of any	217
charge for any disabled student enrolled in the school for whom	218
the student's individualized education program developed under	219
Chapter 3323. of the Revised Code specifies transportation.	220

(C)(D)(1) If a school district board and a community school	221
governing authority elect to enter into an agreement under	222
division (A) of this section, the department of education annually	223
shall paymake payments to the community school the amount	224
specified in division (C)(2) of this section for each of the	225
enrolled students for whom the school's governing authority	226
provides or arranges transportation to and from school. The	227
according to the terms of the agreement for each student actually	228
transported under division (C)(1) of this section. If a community	229
school governing authority accepts transportation responsibility	230
under division (B) of this section, the department shall make	231
payments to the community school for each student actually	232
transported under division (C)(1) of this section, calculated in	233
accordance with division (D) of section 3317.022 of the Revised	234
Code and any rules of the state board of education implementing	235
that division, and that otherwise would be paid to the school	236
district in which the student is entitled to attend school under	237
section 3313.64 or 3313.65 of the Revised Code.	238

(2) The department shall deduct the payment under division	239
(D)(1) of this section from the state payment under Chapter 3317.	240
and, if necessary, sections 321.14 and 323.156 of the Revised Code	241
that is otherwise paid to the school district in which the student	242
enrolled in the community school resides. The department shall	243
include the number of the district's native students for whom	244
payment is made to a community school under this division (D)(1)	245
of this section in the calculation of the district's	246
transportation payment under division (D) of section 3317.022 of	247
the Revised Code.	248

(3) A community school shall be paid under this division	249
(D)(1) of this section only for students who are eligible as	250
specified in section 3327.01 of the Revised Code or who are	251
disabled and whose individualized education program requires	252
transportationand division (C)(1) of this section, and whose	253
transportation to and from school is actually provided or, who	254
actually utilized transportation arranged, or for whom a payment	255
in lieu of transportation is made by the community school's	256
governing authority. To qualify for the payments, the community	257
school shall report to the department, in the form and manner	258
required by the department, data on the number of students	259
transported or whose transportation is arranged, the number of	260
miles traveled, cost to transport, and any other information	261
requested by the department.	262

(4) A community school shall use payments received under this	263
divisionsection solely to pay the costs of providing or arranging	264
for the transportation of students who are eligible as specified	265
in section 3327.01 of the Revised Code or who are disabled and	266
whose individualized education program requires transportationand	267
division (C)(1) of this section, which may include payments to a	268
parent, guardian, or other person in charge of a child in lieu of	269
transportation.	270

(2) The payment to a community school governing authority	271
under this section for eligible students shall be made according	272
to the terms of the agreement entered into under this section.	273

(D)(E) Except when arranged through payment to a parent,	274
guardian, or person in charge of a child, transportation provided	275
or arranged for by a community school pursuant to an agreement	276
under this section is subject to all provisions of the Revised	277
Code, and all rules adopted under the Revised Code, pertaining to	278
the construction, design, equipment, and operation of school buses	279
and other vehicles transporting students to and from school. The	280
drivers and mechanics of the vehicles are subject to all	281
provisions of the Revised Code, and all rules adopted under the	282
Revised Code, pertaining to drivers and mechanics of such	283
vehicles. The community school also shall comply with sections	284
3313.201, 3327.09, and 3327.10 andof the Revised Code, division	285
(B) of section 3327.16 of the Revised Code and, subject to	286
division (C)(1) of this section, sections 3327.01 and 3327.02 of	287
the Revised Code, as if it were a school district. For purposes of	288
complying with section 3327.10 of the Revised Code, the	289
educational service center that serves the county in which the	290
community school is located shall be the certifying agency, unless	291
the agreement designates the school district as the certifying	292
agency.	293

Sec. 3327.10.  (A) No person shall be employed as driver of a	294
school bus or motor van, owned and operated by any school district	295
or educational service center or privately owned and operated	296
under contract with any school district or service center in this	297
state, who has not received a certificate from the educational	298
service center governing board in case such person is employed by	299
a service center or by a local school district under the	300
supervision of the service center governing board, or by the	301
superintendent of schools, in case such person is employed by the	302
board of a city or exempted village school district, certifying	303
that such person is at least eighteen years of age and is of good	304
moral character and is qualified physically and otherwise for such	305
position. The service center governing board or the	306
superintendent, as the case may be, shall provide for an annual	307
physical examination that conforms with rules adopted by the state	308
board of education of each driver to ascertain the driver's	309
physical fitness for such employment. Any certificate may be	310
revoked by the authority granting the same on proof that the	311
holder has been guilty of failing to comply with division (D)(1)	312
of this section, or upon a conviction or a guilty plea for a	313
violation, or any other action, that results in a loss or	314
suspension of driving rights. Failure to comply with such division	315
may be cause for disciplinary action or termination of employment	316
under division (C) of section 3319.081, or section 124.34 of the	317
Revised Code.	318

(B) No person shall be employed as driver of a school bus or	319
motor van not subject to the rules of the department of education	320
pursuant to division (A) of this section who has not received a	321
certificate from the school administrator or contractor certifying	322
that such person is at least eighteen years of age, is of good	323
moral character, and is qualified physically and otherwise for	324
such position. Each driver shall have an annual physical	325
examination which conforms to the state highway patrol rules,	326
ascertaining the driver's physical fitness for such employment.	327
The examination shall be performed by one of the following:	328

(1) A person licensed under Chapter 4731. of the Revised Code	329
or by another state to practice medicine and surgery or	330
osteopathic medicine and surgery;	331

(2) A physician assistant;

332

(3) A certified nurse practitioner;

333

(4) A clinical nurse specialist;

334

(5) A certified nurse-midwife.

335

Any written documentation of the physical examination shall	336
be completed by the individual who performed the examination.	337

Any certificate may be revoked by the authority granting the	338
same on proof that the holder has been guilty of failing to comply	339
with division (D)(2) of this section.	340

(C) Any person who drives a school bus or motor van must give	341
satisfactory and sufficient bond except a driver who is an	342
employee of a school district and who drives a bus or motor van	343
owned by the school district.	344

(D) No person employed as driver of a school bus or motor van	345
under this section who is convicted of a traffic violation or who	346
has had the person's commercial driver's license suspended shall	347
drive a school bus or motor van until the person has filed a	348
written notice of the conviction or suspension, as follows:	349

(1) If the person is employed under division (A) of this	350
section, the person shall file the notice with the superintendent,	351
or a person designated by the superintendent, of the school	352
district for which the person drives a school bus or motor van as	353
an employee or drives a privately owned and operated school bus or	354
motor van under contract.	355

(2) If employed under division (B) of this section, the	356
person shall file the notice with the employing school	357
administrator or contractor, or a person designated by the	358
administrator or contractor.	359

(E) In addition to resulting in possible revocation of a	360
certificate as authorized by divisions (A) and (B) of this	361
section, violation of division (D) of this section is a minor	362
misdemeanor.	363

(F)(1) Not later than thirty days after the effective date of	364
this amendment, each owner of a school bus or motor van shall	365
obtain from the bureau of motor vehicles the driving record for at	366
least the prior seven-year period of each person who is employed	367
or otherwise authorized to drive the school bus or motor van. An	368
owner of a school bus or motor van shall not permit a person to	369
operate the school bus or motor van for the first time before the	370
owner has obtained from the bureau the person's driving record for	371
at least the prior seven-year period. Each year after obtaining a	372
person's seven-year driving record, the owner of a school bus or	373
motor van shall obtain from the bureau the person's driving record	374
for at least the prior year if the person remains employed or	375
otherwise authorized to drive the school bus or motor van. An	376
owner of a school bus or motor van shall not permit a person to	377
resume operating a school bus or motor van, after an interruption	378
of one year or longer, before the owner has obtained from the	379
bureau the person's driving record for at least the period since	380
the owner last obtained the person's driving record or, if the	381
owner had never obtained a seven-year driving record for the	382
person, for at least the prior seven-year period.	383

(2) The owner of a school bus or motor van shall not permit a	384
person to operate the school bus or motor van for seven years	385
after the date of a violation for which six points are assessed	386
under section 4510.036 of the Revised Code.	387

(3) Divisions (F)(1) and (2) of this section supersede only	388
the requirements of paragraphs (B)(3) and (F)(2) of rule	389
3301-83-06 of the Administrative Code, as that rule exists on the	390
effective date of this amendment, that school bus drivers have no	391
six-point convictions during the prior twenty-four months. All	392
other rules adopted by the state board of education prescribing	393
qualifications of drivers of school buses and other student	394
transportation, including the requirement of those paragraphs that	395
drivers not have been assessed eight points within the previous	396
twenty-four months, remain in effect until amended or rescinded by	397
the state board.	398

(G) A person, school district, educational service center,	399
community school, nonpublic school, or other public or nonpublic	400
entity that owns a school bus or motor van, or that contracts with	401
another entity to operate a school bus or motor van, may impose	402
more stringent restrictions on drivers than those prescribed in	403
this section, in any other section of the Revised Code, and in	404
rules adopted by the state board.	405

Sec. 3705.242. (A)(1) The director of health, a person	406
authorized by the director, a local commissioner of health, or a	407
local registrar of vital statistics shall charge and collect a fee	408
of one dollar and fifty cents for each certified copy of a birth	409
record, each certification of birth, and each copy of a death	410
record. The fee is in addition to the fee imposed by section	411
3705.24 or any other section of the Revised Code. A local	412
commissioner of health or local registrar of vital statistics may	413
retain an amount of each additional fee collected, not to exceed	414
three per cent of the amount of the additional fee, to be used for	415
costs directly related to the collection of the fee and the	416
forwarding of the fee to the treasurer of state. The additional	417
fees collected, but not retained, under division (A)(1) of this	418
section shall be forwarded to the treasurer of state not later	419
than thirty days following the end of each quarter.	420

(2) On the filing of a divorce decree under section 3105.10	421
or a decree of dissolution under section 3105.65 of the Revised	422
Code, a court of common pleas shall charge and collect a fee of	423
five dollars and fifty cents. The fee is in addition to any other	424
court costs or fees. The county clerk of courts may retain an	425
amount of each additional fee collected, not to exceed three per	426
cent of the amount of the additional fee, to be used for costs	427
directly related to the collection of the fee and the forwarding	428
of the fee to the treasurer of state. The additional fees	429
collected, but not retained, under division (A)(2) of this section	430
shall be forwarded to the treasurer of state not later than twenty	431
days following the end of each month.	432

(B) The treasurer of state shall deposit the fees forwarded	433
under this section in the state treasury to the credit of the	434
family violence prevention fund, which is hereby created. A person	435
or government entity that fails to forward the fees in a timely	436
manner, as determined by the treasurer of state, shall forward to	437
the treasurer of state, in addition to the fees, a penalty equal	438
to ten per cent of the fees.	439

The treasurer of state shall invest the moneys in the fund.	440
All earnings resulting from investment of the fund shall be	441
credited to the fund, except that actual administration costs	442
incurred by the treasurer of state in administering the fund may	443
be deducted from the earnings resulting from investments. The	444
amount that may be deducted shall not exceed three per cent of the	445
total amount of fees credited to the fund in each fiscal year. The	446
balance of the investment earnings shall be credited to the fund.	447

(C) The director of public safety shall use money credited to	448
the fund to provide grants to family violence shelters in Ohio and	449
to operate the division of criminal justice services.	450

Sec. 4503.10.  (A) The owner of every snowmobile, off-highway	451
motorcycle, and all-purpose vehicle required to be registered	452
under section 4519.02 of the Revised Code shall file an	453
application for registration under section 4519.03 of the Revised	454
Code. The owner of a motor vehicle, other than a snowmobile,	455
off-highway motorcycle, or all-purpose vehicle, that is not	456
designed and constructed by the manufacturer for operation on a	457
street or highway may not register it under this chapter except	458
upon certification of inspection pursuant to section 4513.02 of	459
the Revised Code by the sheriff, or the chief of police of the	460
municipal corporation or township, with jurisdiction over the	461
political subdivision in which the owner of the motor vehicle	462
resides. Except as provided in section 4503.103 of the Revised	463
Code, every owner of every other motor vehicle not previously	464
described in this section and every person mentioned as owner in	465
the last certificate of title of a motor vehicle that is operated	466
or driven upon the public roads or highways shall cause to be	467
filed each year, by mail or otherwise, in the office of the	468
registrar of motor vehicles or a deputy registrar, a written or	469
electronic application or a preprinted registration renewal notice	470
issued under section 4503.102 of the Revised Code, the form of	471
which shall be prescribed by the registrar, for registration for	472
the following registration year, which shall begin on the first	473
day of January of every calendar year and end on the thirty-first	474
day of December in the same year. Applications for registration	475
and registration renewal notices shall be filed at the times	476
established by the registrar pursuant to section 4503.101 of the	477
Revised Code. A motor vehicle owner also may elect to apply for or	478
renew a motor vehicle registration by electronic means using	479
electronic signature in accordance with rules adopted by the	480
registrar. Except as provided in division (J) of this section,	481
applications for registration shall be made on blanks furnished by	482
the registrar for that purpose, containing the following	483
information:	484

(1) A brief description of the motor vehicle to be	485
registered, including the year, make, model, and vehicle	486
identification number, and, in the case of commercial cars, the	487
gross weight of the vehicle fully equipped computed in the manner	488
prescribed in section 4503.08 of the Revised Code;	489

(2) The name and residence address of the owner, and the	490
township and municipal corporation in which the owner resides;	491

(3) The district of registration, which shall be determined	492
as follows:	493

(a) In case the motor vehicle to be registered is used for	494
hire or principally in connection with any established business or	495
branch business, conducted at a particular place, the district of	496
registration is the municipal corporation in which that place is	497
located or, if not located in any municipal corporation, the	498
county and township in which that place is located.	499

(b) In case the vehicle is not so used, the district of	500
registration is the municipal corporation or county in which the	501
owner resides at the time of making the application.	502

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

503

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

504

(6) Whether the fees required to be paid for the registration	505
or transfer of the motor vehicle, during the preceding	506
registration year and during the preceding period of the current	507
registration year, have been paid. Each application for	508
registration shall be signed by the owner, either manually or by	509
electronic signature, or pursuant to obtaining a limited power of	510
attorney authorized by the registrar for registration, or other	511
document authorizing such signature. If the owner elects to apply	512
for or renew the motor vehicle registration with the registrar by	513
electronic means, the owner's manual signature is not required.	514

(7) The owner's social security number, if assigneddriver's	515
license number, or state identification number, or, where a motor	516
vehicle to be registered is used for hire or principally in	517
connection with any established business, the owner's federal	518
taxpayer identification number. The bureau of motor vehicles shall	519
retain in its records all social security numbers provided under	520
this section, but the bureau shall not place social security	521
numbers on motor vehicle certificates of registration.	522

(B) Except as otherwise provided in this division, each time	523
an applicant first registers a motor vehicle in the applicant's	524
name, the applicant shall present for inspection a physical	525
certificate of title or memorandum certificate showing title to	526
the motor vehicle to be registered in the name of the applicant if	527
a physical certificate of title or memorandum certificate has been	528
issued by a clerk of a court of common pleas. If, under sections	529
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	530
instead has issued an electronic certificate of title for the	531
applicant's motor vehicle, that certificate may be presented for	532
inspection at the time of first registration in a manner	533
prescribed by rules adopted by the registrar. An applicant is not	534
required to present a certificate of title to an electronic motor	535
vehicle dealer acting as a limited authority deputy registrar in	536
accordance with rules adopted by the registrar. When a motor	537
vehicle inspection and maintenance program is in effect under	538
section 3704.14 of the Revised Code and rules adopted under it,	539
each application for registration for a vehicle required to be	540
inspected under that section and those rules shall be accompanied	541
by an inspection certificate for the motor vehicle issued in	542
accordance with that section. The application shall be refused if	543
any of the following applies:	544

(1) The application is not in proper form.

545

(2) The application is prohibited from being accepted by	546
division (D) of section 2935.27, division (A) of section 2937.221,	547
division (A) of section 4503.13, division (B) of section 4510.22,	548
or division (B)(1) of section 4521.10 of the Revised Code.	549

(3) A certificate of title or memorandum certificate of title	550
is required but does not accompany the application or, in the case	551
of an electronic certificate of title, is required but is not	552
presented in a manner prescribed by the registrar's rules.	553

(4) All registration and transfer fees for the motor vehicle,	554
for the preceding year or the preceding period of the current	555
registration year, have not been paid.	556

(5) The owner or lessee does not have an inspection	557
certificate for the motor vehicle as provided in section 3704.14	558
of the Revised Code, and rules adopted under it, if that section	559
is applicable.	560

This section does not require the payment of license or	561
registration taxes on a motor vehicle for any preceding year, or	562
for any preceding period of a year, if the motor vehicle was not	563
taxable for that preceding year or period under sections 4503.02,	564
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	565
Revised Code. When a certificate of registration is issued upon	566
the first registration of a motor vehicle by or on behalf of the	567
owner, the official issuing the certificate shall indicate the	568
issuance with a stamp on the certificate of title or memorandum	569
certificate or, in the case of an electronic certificate of title,	570
an electronic stamp or other notation as specified in rules	571
adopted by the registrar, and with a stamp on the inspection	572
certificate for the motor vehicle, if any. The official also shall	573
indicate, by a stamp or by other means the registrar prescribes,	574
on the registration certificate issued upon the first registration	575
of a motor vehicle by or on behalf of the owner the odometer	576
reading of the motor vehicle as shown in the odometer statement	577
included in or attached to the certificate of title. Upon each	578
subsequent registration of the motor vehicle by or on behalf of	579
the same owner, the official also shall so indicate the odometer	580
reading of the motor vehicle as shown on the immediately preceding	581
certificate of registration.	582

The registrar shall include in the permanent registration	583
record of any vehicle required to be inspected under section	584
3704.14 of the Revised Code the inspection certificate number from	585
the inspection certificate that is presented at the time of	586
registration of the vehicle as required under this division.	587

(C)(1) Commencing with each registration renewal with an	588
expiration date on or after October 1, 2003, and for each initial	589
application for registration received on and after that date, the	590
registrar and each deputy registrar shall collect an additional	591
fee of eleven dollars for each application for registration and	592
registration renewal received. The additional fee is for the	593
purpose of defraying the department of public safety's costs	594
associated with the administration and enforcement of the motor	595
vehicle and traffic laws of Ohio. Each deputy registrar shall	596
transmit the fees collected under division (C)(1) of this section	597
in the time and manner provided in this section. The registrar	598
shall deposit all moneys received under division (C)(1) of this	599
section into the state highway safety fund established in section	600
4501.06 of the Revised Code.	601

(2) In addition, a charge of twenty-five cents shall be made	602
for each reflectorized safety license plate issued, and a single	603
charge of twenty-five cents shall be made for each county	604
identification sticker or each set of county identification	605
stickers issued, as the case may be, to cover the cost of	606
producing the license plates and stickers, including material,	607
manufacturing, and administrative costs. Those fees shall be in	608
addition to the license tax. If the total cost of producing the	609
plates is less than twenty-five cents per plate, or if the total	610
cost of producing the stickers is less than twenty-five cents per	611
sticker or per set issued, any excess moneys accruing from the	612
fees shall be distributed in the same manner as provided by	613
section 4501.04 of the Revised Code for the distribution of	614
license tax moneys. If the total cost of producing the plates	615
exceeds twenty-five cents per plate, or if the total cost of	616
producing the stickers exceeds twenty-five cents per sticker or	617
per set issued, the difference shall be paid from the license tax	618
moneys collected pursuant to section 4503.02 of the Revised Code.	619

(D) Each deputy registrar shall be allowed a fee of two	620
dollars and seventy-five cents commencing on July 1, 2001, three	621
dollars and twenty-five cents commencing on January 1, 2003, and	622
three dollars and fifty cents commencing on January 1, 2004, for	623
each application for registration and registration renewal notice	624
the deputy registrar receives, which shall be for the purpose of	625
compensating the deputy registrar for the deputy registrar's	626
services, and such office and rental expenses, as may be necessary	627
for the proper discharge of the deputy registrar's duties in the	628
receiving of applications and renewal notices and the issuing of	629
registrations.	630

(E) Upon the certification of the registrar, the county	631
sheriff or local police officials shall recover license plates	632
erroneously or fraudulently issued.	633

(F) Each deputy registrar, upon receipt of any application	634
for registration or registration renewal notice, together with the	635
license fee and any local motor vehicle license tax levied	636
pursuant to Chapter 4504. of the Revised Code, shall transmit that	637
fee and tax, if any, in the manner provided in this section,	638
together with the original and duplicate copy of the application,	639
to the registrar. The registrar, subject to the approval of the	640
director of public safety, may deposit the funds collected by	641
those deputies in a local bank or depository to the credit of the	642
"state of Ohio, bureau of motor vehicles." Where a local bank or	643
depository has been designated by the registrar, each deputy	644
registrar shall deposit all moneys collected by the deputy	645
registrar into that bank or depository not more than one business	646
day after their collection and shall make reports to the registrar	647
of the amounts so deposited, together with any other information,	648
some of which may be prescribed by the treasurer of state, as the	649
registrar may require and as prescribed by the registrar by rule.	650
The registrar, within three days after receipt of notification of	651
the deposit of funds by a deputy registrar in a local bank or	652
depository, shall draw on that account in favor of the treasurer	653
of state. The registrar, subject to the approval of the director	654
and the treasurer of state, may make reasonable rules necessary	655
for the prompt transmittal of fees and for safeguarding the	656
interests of the state and of counties, townships, municipal	657
corporations, and transportation improvement districts levying	658
local motor vehicle license taxes. The registrar may pay service	659
charges usually collected by banks and depositories for such	660
service. If deputy registrars are located in communities where	661
banking facilities are not available, they shall transmit the fees	662
forthwith, by money order or otherwise, as the registrar, by rule	663
approved by the director and the treasurer of state, may	664
prescribe. The registrar may pay the usual and customary fees for	665
such service.	666

(G) This section does not prevent any person from making an	667
application for a motor vehicle license directly to the registrar	668
by mail, by electronic means, or in person at any of the	669
registrar's offices, upon payment of a service fee of two dollars	670
and seventy-five cents commencing on July 1, 2001, three dollars	671
and twenty-five cents commencing on January 1, 2003, and three	672
dollars and fifty cents commencing on January 1, 2004, for each	673
application.	674

(H) No person shall make a false statement as to the district	675
of registration in an application required by division (A) of this	676
section. Violation of this division is falsification under section	677
2921.13 of the Revised Code and punishable as specified in that	678
section.	679

(I)(1) Where applicable, the requirements of division (B) of	680
this section relating to the presentation of an inspection	681
certificate issued under section 3704.14 of the Revised Code and	682
rules adopted under it for a motor vehicle, the refusal of a	683
license for failure to present an inspection certificate, and the	684
stamping of the inspection certificate by the official issuing the	685
certificate of registration apply to the registration of and	686
issuance of license plates for a motor vehicle under sections	687
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	688
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	689
4503.47, and 4503.51 of the Revised Code.	690

(2)(a) The registrar shall adopt rules ensuring that each	691
owner registering a motor vehicle in a county where a motor	692
vehicle inspection and maintenance program is in effect under	693
section 3704.14 of the Revised Code and rules adopted under it	694
receives information about the requirements established in that	695
section and those rules and about the need in those counties to	696
present an inspection certificate with an application for	697
registration or preregistration.	698

(b) Upon request, the registrar shall provide the director of	699
environmental protection, or any person that has been awarded a	700
contract under division (D) of section 3704.14 of the Revised	701
Code, an on-line computer data link to registration information	702
for all passenger cars, noncommercial motor vehicles, and	703
commercial cars that are subject to that section. The registrar	704
also shall provide to the director of environmental protection a	705
magnetic data tape containing registration information regarding	706
passenger cars, noncommercial motor vehicles, and commercial cars	707
for which a multi-year registration is in effect under section	708
4503.103 of the Revised Code or rules adopted under it, including,	709
without limitation, the date of issuance of the multi-year	710
registration, the registration deadline established under rules	711
adopted under section 4503.101 of the Revised Code that was	712
applicable in the year in which the multi-year registration was	713
issued, and the registration deadline for renewal of the	714
multi-year registration.	715

(J) Application for registration under the international	716
registration plan, as set forth in sections 4503.60 to 4503.66 of	717
the Revised Code, shall be made to the registrar on forms	718
furnished by the registrar. In accordance with international	719
registration plan guidelines and pursuant to rules adopted by the	720
registrar, the forms shall include the following:	721

(1) A uniform mileage schedule;

722

(2) The gross vehicle weight of the vehicle or combined gross	723
vehicle weight of the combination vehicle as declared by the	724
registrant;	725

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

726

Sec. 4503.44.  (A) As used in this section and in section	727
4511.69 of the Revised Code:	728

(1) "Person with a disability that limits or impairs the	729
ability to walk" means any person who, as determined by a	730
physician or chiropractor, meets any of the following criteria:	731

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

732

(b) Cannot walk without the use of, or assistance from, a	733
brace, cane, crutch, another person, prosthetic device,	734
wheelchair, or other assistive device;	735

(c) Is restricted by a lung disease to such an extent that	736
the person's forced (respiratory) expiratory volume for one	737
second, when measured by spirometry, is less than one liter, or	738
the arterial oxygen tension is less than sixty millimeters of	739
mercury on room air at rest;	740

(d) Uses portable oxygen;

741

(e) Has a cardiac condition to the extent that the person's	742
functional limitations are classified in severity as class III or	743
class IV according to standards set by the American heart	744
association;	745

(f) Is severely limited in the ability to walk due to an	746
arthritic, neurological, or orthopedic condition;	747

(g) Is blind.

748

(2) "Organization" means any private organization or	749
corporation, or any governmental board, agency, department,	750
division, or office, that, as part of its business or program,	751
transports persons with disabilities that limit or impair the	752
ability to walk on a regular basis in a motor vehicle that has not	753
been altered for the purpose of providing it with special	754
equipment for use by handicapped persons. This definition does not	755
apply to division (J) of this section.	756

(3) "Physician" means a person licensed to practice medicine	757
or surgery or osteopathic medicine and surgery under Chapter 4731.	758
of the Revised Code.	759

(4) "Chiropractor" means a person licensed to practice	760
chiropractic under Chapter 4734. of the Revised Code.	761

(B) Any organization or person with a disability that limits	762
or impairs the ability to walk may apply to the registrar of motor	763
vehicles for a removable windshield placard or, if the person owns	764
or leases a motor vehicle, the person may apply for the	765
registration of any motor vehicle the person owns or leases. In	766
addition to one or more sets of license plates or one placard, a	767
person with a disability that limits or impairs the ability to	768
walk is entitled to one additional placard, but only if the person	769
applies separately for the additional placard, states the reasons	770
why the additional placard is needed, and the registrar, in the	771
registrar's discretion, determines that good and justifiable cause	772
exists to approve the request for the additional placard. When a	773
motor vehicle has been altered for the purpose of providing it	774
with special equipment for a person with a disability that limits	775
or impairs the ability to walk, but is owned or leased by someone	776
other than such a person, the owner or lessee may apply to the	777
registrar or a deputy registrar for registration under this	778
section. The application for registration of a motor vehicle owned	779
or leased by a person with a disability that limits or impairs the	780
ability to walk shall be accompanied by a signed statement from	781
the applicant's personal physician or chiropractor certifying that	782
the applicant meets at least one of the criteria contained in	783
division (A)(1) of this section and that the disability is	784
expected to continue for more than six consecutive months. The	785
application for a removable windshield placard made by a person	786
with a disability that limits or impairs the ability to walk shall	787
be accompanied by a prescription from the applicant's personal	788
physician or chiropractor prescribing such a placard for the	789
applicant, provided that the applicant meets at least one of the	790
criteria contained in division (A)(1) of this section. The	791
physician or chiropractor shall state on the prescription the	792
length of time the physician or chiropractor expects the applicant	793
to have the disability that limits or impairs the applicant's	794
ability to walk. The application for a removable windshield	795
placard made by an organization shall be accompanied by such	796
documentary evidence of regular transport of persons with	797
disabilities that limit or impair the ability to walk by the	798
organization as the registrar may require by rule and shall be	799
completed in accordance with procedures that the registrar may	800
require by rule. The application for registration of a motor	801
vehicle that has been altered for the purpose of providing it with	802
special equipment for a person with a disability that limits or	803
impairs the ability to walk but is owned by someone other than	804
such a person shall be accompanied by such documentary evidence of	805
vehicle alterations as the registrar may require by rule.	806

(C) When an organization, a person with a disability that	807
limits or impairs the ability to walk, or a person who does not	808
have a disability that limits or impairs the ability to walk but	809
owns a motor vehicle that has been altered for the purpose of	810
providing it with special equipment for a person with a disability	811
that limits or impairs the ability to walk first submits an	812
application for registration of a motor vehicle under this section	813
and every fifth year thereafter, the organization or person shall	814
submit a signed statement from the applicant's personal physician	815
or chiropractor, a completed application, and any required	816
documentary evidence of vehicle alterations as provided in	817
division (B) of this section, and also a power of attorney from	818
the owner of the motor vehicle if the applicant leases the	819
vehicle. Upon submission of these items, the registrar or deputy	820
registrar shall issue to the applicant appropriate vehicle	821
registration and a set of license plates and validation stickers,	822
or validation stickers alone when required by section 4503.191 of	823
the Revised Code. In addition to the letters and numbers	824
ordinarily inscribed thereon, the license plates shall be	825
imprinted with the international symbol of access. The license	826
plates and validation stickers shall be issued upon payment of the	827
regular license fee as prescribed under section 4503.04 of the	828
Revised Code and any motor vehicle tax levied under Chapter 4504.	829
of the Revised Code, and the payment of a service fee equal to the	830
amount specified in division (D) or (G) of section 4503.10 of the	831
Revised Code.	832

(D)(1) Upon receipt of a completed and signed application for	833
a removable windshield placard, a prescription as described in	834
division (B) of this section, documentary evidence of regular	835
transport of persons with disabilities that limit or impair the	836
ability to walk, if required, and payment of a service fee equal	837
to the amount specified in division (D) or (G) of section 4503.10	838
of the Revised Code, the registrar or deputy registrar shall issue	839
to the applicant a removable windshield placard, which shall bear	840
the date of expiration on both sides of the placard and shall be	841
valid until expired, revoked, or surrendered. Any removable	842
windshield placard that is issued to a person with a disability	843
that limits or impairs the ability to walk or to a person who owns	844
a motor vehicle that has been altered for the purpose of providing	845
it with special equipment for a person with a disability that	846
limits or impairs the ability to walk shall bear the name of the	847
person with the disability. Every removable windshield placard	848
expires as described in division (D)(2) of this section, but in no	849
case shall a removable windshield placard be valid for a period of	850
less than sixty days. Removable windshield placards shall be	851
renewable upon application as provided in division (B) of this	852
section, and a service fee equal to the amount specified in	853
division (D) or (G) of section 4503.10 of the Revised Code shall	854
be charged for the renewal of a removable windshield placard. The	855
registrar shall provide the application form and shall determine	856
the information to be included thereon. The registrar also shall	857
determine the form and size of the removable windshield placard,	858
the material of which it is to be made, and any other information	859
to be included thereon, and shall adopt rules relating to the	860
issuance, expiration, revocation, surrender, and proper display of	861
such placards. Any placard issued after October 14, 1999, shall	862
be manufactured in a manner that allows the expiration date of the	863
placard to be indicated on it through the punching, drilling,	864
boring, or creation by any other means of holes in the placard.	865

(2) At the time a removable windshield placard is issued to a	866
person with a disability that limits or impairs the ability to	867
walk, the registrar or deputy registrar shall enter into the	868
records of the bureau of motor vehicles the last date on which the	869
person will have that disability, as indicated on the accompanying	870
prescription. Not less than thirty days prior to that date and all	871
removable windshield placard renewal dates, the bureau shall send	872
a renewal notice to that person at the person's last known address	873
as shown in the records of the bureau, informing the person that	874
the person's removable windshield placard will expire on the	875
indicated date not to exceed five years from the date of issuance,	876
and that the person is required to renew the placard by submitting	877
to the registrar or a deputy registrar another prescription, as	878
described in division (B) of this section, and by complying with	879
the renewal provisions prescribed in division (D)(1) of this	880
section. If such a prescription is not received by the registrar	881
or a deputy registrar by that date, the placard issued to that	882
person expires and no longer is valid, and this fact shall be	883
recorded in the records of the bureau.	884

(3) At least once every year, on a date determined by the	885
registrar, the bureau shall examine the records of the office of	886
vital statistics, located within the department of health, that	887
pertain to deceased persons, and also the bureau's records of all	888
persons who have been issued removable windshield placards and	889
temporary removable windshield placards. If the records of the	890
office of vital statistics indicate that a person to whom a	891
removable windshield placard or temporary removable windshield	892
placard has been issued is deceased, the bureau shall cancel that	893
placard, and note the cancellation in its records.	894

The office of vital statistics shall make available to the	895
bureau all information necessary to enable the bureau to comply	896
with division (D)(3) of this section.	897

(4) Nothing in this section shall be construed to require a	898
person or organization to apply for a removable windshield placard	899
or special license plates if the parking card or special license	900
plates issued to the person or organization under prior law have	901
not expired or been surrendered or revoked.	902

(E)(1)(a) Any person with a disability that limits or impairs	903
the ability to walk may apply to the registrar or a deputy	904
registrar for a temporary removable windshield placard. The	905
application for a temporary removable windshield placard shall be	906
accompanied by a prescription from the applicant's personal	907
physician or chiropractor prescribing such a placard for the	908
applicant, provided that the applicant meets at least one of the	909
criteria contained in division (A)(1) of this section and that the	910
disability is expected to continue for six consecutive months or	911
less. The physician or chiropractor shall state on the	912
prescription the length of time the physician or chiropractor	913
expects the applicant to have the disability that limits or	914
impairs the applicant's ability to walk, which cannot exceed six	915
months from the date of the prescription. Upon receipt of an	916
application for a temporary removable windshield placard,	917
presentation of the prescription from the applicant's personal	918
physician or chiropractor, and payment of a service fee equal to	919
the amount specified in division (D) or (G) of section 4503.10 of	920
the Revised Code, the registrar or deputy registrar shall issue to	921
the applicant a temporary removable windshield placard.	922

(b) Any active-duty member of the armed forces of the United	923
States, including the reserve components of the armed forces and	924
the national guard, who has an illness or injury that limits or	925
impairs the ability to walk may apply to the registrar or a deputy	926
registrar for a temporary removable windshield placard. With the	927
application, the person shall present evidence of the person's	928
active-duty status and the illness or injury. Evidence of the	929
illness or injury may include a current department of defense	930
convalescent leave statement, any department of defense document	931
indicating that the person currently has an ill or injured	932
casualty status or has limited duties, or a prescription from any	933
physician or chiropractor prescribing the placard for the	934
applicant. Upon receipt of the application and the necessary	935
evidence, the registrar or deputy registrar shall issue the	936
applicant the temporary removable windshield placard without the	937
payment of any service fee.	938

(2) The temporary removable windshield placard shall be of	939
the same size and form as the removable windshield placard, shall	940
be printed in white on a red-colored background, and shall bear	941
the word "temporary" in letters of such size as the registrar	942
shall prescribe. A temporary removable windshield placard also	943
shall bear the date of expiration on the front and back of the	944
placard, and shall be valid until expired, surrendered, or	945
revoked, but in no case shall such a placard be valid for a period	946
of less than sixty days. Any temporary removable windshield	947
placard that is issued to a person with a disability that limits	948
or impairs the ability to walk shall bear the name of the person	949
with the disability. The registrar shall provide the application	950
form and shall determine the information to be included on it,	951
provided that the registrar shall not require a physician or	952
chiropractor's prescription or certification for a person applying	953
under division (E)(1)(b) of this section. The registrar also shall	954
determine the material of which the temporary removable windshield	955
placard is to be made and any other information to be included on	956
the placard and shall adopt rules relating to the issuance,	957
expiration, surrender, revocation, and proper display of those	958
placards. Any temporary removable windshield placard issued after	959
October 14, 1999, shall be manufactured in a manner that allows	960
for the expiration date of the placard to be indicated on it	961
through the punching, drilling, boring, or creation by any other	962
means of holes in the placard.	963

(F) If an applicant for a removable windshield placard is a	964
veteran of the armed forces of the United States whose disability,	965
as defined in division (A)(1) of this section, is	966
service-connected, the registrar or deputy registrar, upon receipt	967
of the application, presentation of a signed statement from the	968
applicant's personal physician or chiropractor certifying the	969
applicant's disability, and presentation of such documentary	970
evidence from the department of veterans affairs that the	971
disability of the applicant meets at least one of the criteria	972
identified in division (A)(1) of this section and is	973
service-connected as the registrar may require by rule, but	974
without the payment of any service fee, shall issue the applicant	975
a removable windshield placard that is valid until expired,	976
surrendered, or revoked.	977

(G) Upon a conviction of a violation of division (I), (J), or	978
(K) of this section, the court shall report the conviction, and	979
send the placard or parking card, if available, to the registrar,	980
who thereupon shall revoke the privilege of using the placard or	981
parking card and send notice in writing to the placardholder or	982
cardholder at that holder's last known address as shown in the	983
records of the bureau, and the placardholder or cardholder shall	984
return the placard or card if not previously surrendered to the	985
court, to the registrar within ten days following mailing of the	986
notice.	987

Whenever a person to whom a removable windshield placard or	988
parking card has been issued moves to another state, the person	989
shall surrender the placard or card to the registrar; and whenever	990
an organization to which a placard or card has been issued changes	991
its place of operation to another state, the organization shall	992
surrender the placard or card to the registrar.	993

(H) Subject to division (F) of section 4511.69 of the Revised	994
Code, the operator of a motor vehicle displaying a removable	995
windshield placard, temporary removable windshield placard,	996
parking card, or the special license plates authorized by this	997
section is entitled to park the motor vehicle in any special	998
parking location reserved for persons with disabilities that limit	999
or impair the ability to walk, also known as handicapped parking	1000
spaces or disability parking spaces.	1001

(I) No person or organization that is not eligible under	1002
division (B) or (E) of this section shall willfully and falsely	1003
represent that the person or organization is so eligible.	1004

No person or organization shall display license plates issued	1005
under this section unless the license plates have been issued for	1006
the vehicle on which they are displayed and are valid.	1007

(J) No person or organization to which a removable windshield	1008
placard or temporary removable windshield placard is issued shall	1009
do either of the following:	1010

(1) Display or permit the display of the placard on any motor	1011
vehicle when having reasonable cause to believe the motor vehicle	1012
is being used in connection with an activity that does not include	1013
providing transportation for persons with disabilities that limit	1014
or impair the ability to walk;	1015

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

1016

(K)(1) No person or organization to which a parking card is	1017
issued shall do either of the following:	1018

(a) Display or permit the display of the parking card on any	1019
motor vehicle when having reasonable cause to believe the motor	1020
vehicle is being used in connection with an activity that does not	1021
include providing transportation for a handicapped person;	1022

(b) Refuse to return or surrender the parking card, when	1023
required.	1024

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

1025

(a) "Handicapped person" means any person who has lost the	1026
use of one or both legs or one or both arms, who is blind, deaf,	1027
or so severely handicapped as to be unable to move about without	1028
the aid of crutches or a wheelchair, or whose mobility is	1029
restricted by a permanent cardiovascular, pulmonary, or other	1030
handicapping condition.	1031

(b) "Organization" means any private organization or	1032
corporation, or any governmental board, agency, department,	1033
division, or office, that, as part of its business or program,	1034
transports handicapped persons on a regular basis in a motor	1035
vehicle that has not been altered for the purposes of providing it	1036
with special equipment for use by handicapped persons.	1037

(L) If a removable windshield placard, temporary removable	1038
windshield placard, or parking card is lost, destroyed, or	1039
mutilated, the placardholder or cardholder may obtain a duplicate	1040
by doing both of the following:	1041

(1) Furnishing suitable proof of the loss, destruction, or	1042
mutilation to the registrar;	1043

(2) Paying a service fee equal to the amount specified in	1044
division (D) or (G) of section 4503.10 of the Revised Code.	1045

Any placardholder or cardholder who loses a placard or card	1046
and, after obtaining a duplicate, finds the original, immediately	1047
shall surrender the original placard or card to the registrar.	1048

(M) The registrar shall pay all fees received under this	1049
section for the issuance of removable windshield placards or	1050
temporary removable windshield placards or duplicate removable	1051
windshield placards or cards into the state treasury to the credit	1052
of the state bureau of motor vehicles fund created in section	1053
4501.25 of the Revised Code.	1054

(N) For purposes of enforcing this section, every peace	1055
officer is deemed to be an agent of the registrar. Any peace	1056
officer or any authorized employee of the bureau of motor vehicles	1057
who, in the performance of duties authorized by law, becomes aware	1058
of a person whose placard or parking card has been revoked	1059
pursuant to this section, may confiscate that placard or parking	1060
card and return it to the registrar. The registrar shall prescribe	1061
any forms used by law enforcement agencies in administering this	1062
section.	1063

No peace officer, law enforcement agency employing a peace	1064
officer, or political subdivision or governmental agency employing	1065
a peace officer, and no employee of the bureau is liable in a	1066
civil action for damages or loss to persons arising out of the	1067
performance of any duty required or authorized by this section. As	1068
used in this division, "peace officer" has the same meaning as in	1069
division (B) of section 2935.01 of the Revised Code.	1070

(O) All applications for registration of motor vehicles,	1071
removable windshield placards, and temporary removable windshield	1072
placards issued under this section, all renewal notices for such	1073
items, and all other publications issued by the bureau that relate	1074
to this section shall set forth the criminal penalties that may be	1075
imposed upon a person who violates any provision relating to	1076
special license plates issued under this section, the parking of	1077
vehicles displaying such license plates, and the issuance,	1078
procurement, use, and display of removable windshield placards and	1079
temporary removable windshield placards issued under this section.	1080

(P) Whoever violates this section is guilty of a misdemeanor	1081
of the fourth degree.	1082

Sec. 4505.09.  (A) The clerk of a court of common pleas	1083
shall charge a fee of five dollars for each certificate of title	1084
that is not applied for within thirty days after the later of the	1085
assignment or delivery of the motor vehicle described in it. The	1086
fees shall be retained by the clerk.	1087

In addition to those fees, the clerk shall charge a fee of	1088
five dollars for each certificate of title, duplicate certificate	1089
of title, memorandum certificate of title, authorization to print	1090
a non-negotiable evidence of ownership described in division (G)	1091
of section 4505.08 of the Revised Code, non-negotiable evidence of	1092
ownership printed by the clerk under division (H) of that section,	1093
and notation of any lien on a certificate of title. The clerk	1094
shall retain two dollars and twenty-five cents of the fee charged	1095
for each certificate of title, four dollars and seventy-five cents	1096
of the fee charged for each duplicate certificate of title, all of	1097
the fees charged for each memorandum certificate, authorization to	1098
print a non-negotiable evidence of ownership, or non-negotiable	1099
evidence of ownership printed by the clerk, and four dollars and	1100
twenty-five cents of the fee charged for each notation of a lien.	1101

The remaining two dollars and seventy-five cents charged for	1102
the certificate of title, the remaining twenty-five cents charged	1103
for the duplicate certificate of title, and the remaining	1104
seventy-five cents charged for the notation of any lien on a	1105
certificate of title shall be paid to the registrar of motor	1106
vehicles by monthly returns, which shall be forwarded to the	1107
registrar not later than the fifth day of the month next	1108
succeeding that in which the certificate is issued or that in	1109
which the registrar is notified of a lien or cancellation of a	1110
lien.	1111

(B)(1) The registrar shall pay twenty-five cents of the	1112
amount received for each certificate of title and all of the	1113
amounts received for each notation of any lien and each duplicate	1114
certificate of title into the state bureau of motor vehicles fund	1115
established in section 4501.25 of the Revised Code.	1116

(2) Fifty cents of the amount received for each certificate	1117
of title shall be paid by the registrar as follows:	1118

(a) Four cents shall be paid into the state treasury to the	1119
credit of the motor vehicle dealers board fund, which is hereby	1120
created. All investment earnings of the fund shall be credited to	1121
the fund. The moneys in the motor vehicle dealers board fund shall	1122
be used by the motor vehicle dealers board created under section	1123
4517.30 of the Revised Code, together with other moneys	1124
appropriated to it, in the exercise of its powers and the	1125
performance of its duties under Chapter 4517. of the Revised Code,	1126
except that the director of budget and management may transfer	1127
excess money from the motor vehicle dealers board fund to the	1128
bureau of motor vehicles fund if the registrar determines that the	1129
amount of money in the motor vehicle dealers board fund, together	1130
with other moneys appropriated to the board, exceeds the amount	1131
required for the exercise of its powers and the performance of its	1132
duties under Chapter 4517. of the Revised Code and requests the	1133
director to make the transfer.	1134

(b) Twenty-one cents shall be paid into the general revenue	1135
highway operating fund.	1136

(c) Twenty-five cents shall be paid into the state treasury	1137
to the credit of the motor vehicle sales audit fund, which is	1138
hereby created. The moneys in the fund shall be used by the tax	1139
commissioner together with other funds available to the	1140
commissioner to conduct a continuing investigation of sales and	1141
use tax returns filed for motor vehicles in order to determine if	1142
sales and use tax liability has been satisfied. The commissioner	1143
shall refer cases of apparent violations of section 2921.13 of the	1144
Revised Code made in connection with the titling or sale of a	1145
motor vehicle and cases of any other apparent violations of the	1146
sales or use tax law to the appropriate county prosecutor whenever	1147
the commissioner considers it advisable.	1148

(3) Two dollars of the amount received by the registrar for	1149
each certificate of title shall be paid into the state treasury to	1150
the credit of the automated title processing fund, which is hereby	1151
created and which shall consist of moneys collected under division	1152
(B)(3) of this section and under sections 1548.10 and 4519.59 of	1153
the Revised Code. All investment earnings of the fund shall be	1154
credited to the fund. The moneys in the fund shall be used as	1155
follows:	1156

(a) Except for moneys collected under section 1548.10 of the	1157
Revised Code and as provided in division (B)(3)(c) of this	1158
section, moneys collected under division (B)(3) of this section	1159
shall be used to implement and maintain an automated title	1160
processing system for the issuance of motor vehicle, off-highway	1161
motorcycle, and all-purpose vehicle certificates of title in the	1162
offices of the clerks of the courts of common pleas.	1163

(b) Moneys collected under section 1548.10 of the Revised	1164
Code shall be used to issue marine certificates of title in the	1165
offices of the clerks of the courts of common pleas as provided in	1166
Chapter 1548. of the Revised Code.	1167

(c) Moneys collected under division (B)(3) of this section	1168
shall be used in accordance with section 4505.25 of the Revised	1169
Code to implement Sub. S.B. 59 of the 124th general assembly.	1170

(C)(1) The automated title processing board is hereby created	1171
consisting of the registrar or the registrar's representative, a	1172
person selected by the registrar, the president of the Ohio clerks	1173
of court association or the president's representative, and two	1174
clerks of courts of common pleas appointed by the governor. The	1175
director of budget and management or the director's designee, the	1176
chief of the division of watercraft in the department of natural	1177
resources or the chief's designee, and the tax commissioner or the	1178
commissioner's designee shall be nonvoting members of the board.	1179
The purpose of the board is to facilitate the operation and	1180
maintenance of an automated title processing system and approve	1181
the procurement of automated title processing system equipment.	1182
Voting members of the board, excluding the registrar or the	1183
registrar's representative, shall serve without compensation, but	1184
shall be reimbursed for travel and other necessary expenses	1185
incurred in the conduct of their official duties. The registrar or	1186
the registrar's representative shall receive neither compensation	1187
nor reimbursement as a board member.	1188

(2) The automated title processing board shall determine each	1189
of the following:	1190

(a) The automated title processing equipment and certificates	1191
of title requirements for each county;	1192

(b) The payment of expenses that may be incurred by the	1193
counties in implementing an automated title processing system;	1194

(c) The repayment to the counties for existing title	1195
processing equipment.	1196

(3) The registrar shall purchase, lease, or otherwise acquire	1197
any automated title processing equipment and certificates of title	1198
that the board determines are necessary from moneys in the	1199
automated title processing fund established by division (B)(3) of	1200
this section.	1201

(D) All counties shall conform to the requirements of the	1202
registrar regarding the operation of their automated title	1203
processing system for motor vehicle titles, certificates of title	1204
for off-highway motorcycles and all-purpose vehicles, and	1205
certificates of title for watercraft and outboard motors.	1206

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

1207

(1) "Motor vehicle leasing dealer" has the same meaning as in	1208
section 4517.01 of the Revised Code.	1209

(2) "Motor vehicle renting dealer" has the same meaning as in	1210
section 4549.65 of the Revised Code.	1211

(3) "Ticket" means any traffic ticket, citation, summons, or	1212
other notice of liability issued in response to an alleged traffic	1213
law violation detected by a traffic law photo-monitoring device.	1214

(4) "Traffic law photo-monitoring device" means an electronic	1215
system consisting of a photographic, video, or electronic camera	1216
and a means of sensing the presence of a motor vehicle that	1217
automatically produces photographs, videotape, or digital images	1218
of the vehicle or its license plate.	1219

(B) A motor vehicle leasing dealer or motor vehicle renting	1220
dealer who receives a ticket for an alleged traffic law violation	1221
detected by a traffic law photo-monitoring device is not liable	1222
for a ticket issued for a vehicle that was in the care, custody,	1223
or control of a lessee or renter at the time of the alleged	1224
violation. A dealer who receives a ticket for such a violation	1225
shall notify whoever issued the ticket of the vehicle lessee's or	1226
renter's name and address. In no case shall the dealer pay such a	1227
ticket and then attempt to collect a fee or assess the lessee or	1228
renter a charge for any payment of such a ticket made on behalf of	1229
the lessee or renter.	1230

Sec. 4511.101.  (A) The director of transportation, in	1231
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,	1232
shall establish a program for the placement of business logos for	1233
identification purposes on state directional signs within the	1234
rights-of-way of divided, multi-lane, limited access highways in	1235
both rural and urban areas. The director shall adopt rules in	1236
accordance with Chapter 119. of the Revised Code to implement the	1237
program.	1238

(B)(1) All direct and indirect costs of the business logo	1239
sign program established pursuant to this section shall be fully	1240
paid by the businesses applying for participation in the program	1241
other than qualified attractions approved by the director under	1242
division (B)(2) of this section. At any interchange where a	1243
business logo sign is erected, such costs shall be divided equally	1244
among the participating businesses other than approved qualified	1245
attractions. The direct and indirect costs of the program shall	1246
include, but not be limited to, the cost of capital, directional	1247
signs, blanks, posts, logos, installation, repair, engineering,	1248
design, insurance, removal, replacement, and administration.	1249
Nothing in this chapter shall be construed to prohibit the	1250
director from establishing such a program.	1251

(2) The director may approve the participation of a	1252
charitable organization operating a qualified attraction in the	1253
business logo sign program if the director determines that	1254
promotion or protection of the qualified attraction serves a	1255
legitimate state interest. The director may approve such	1256
participation at no cost or at a nominal fee.	1257

(C) The director, in accordance with rules adopted pursuant	1258
to Chapter 119. of the Revised Codeunder division (A) of this	1259
section, may contract with any private person to operate,	1260
maintain, and market the business logo sign program. The rules	1261
shall describe the terms of the contract, and shall allow for a	1262
reasonable profit to be earned by the successful applicant. In	1263
awarding the contract, the director shall consider the skill,	1264
expertise, prior experience, and other qualifications of each	1265
applicant.	1266

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

1267

(1) "Charitable organization" has the same meaning as in	1268
section 1716.01 of the Revised Code.	1269

(2) "Qualified attraction" includes natural wonders, and	1270
artistic, scenic, and historical attractions.	1271

(3) "Urban area" means an area having a population of fifty	1272
thousand or more according to the most recent federal census and	1273
designated as such on urban maps prepared by the department.	1274

(E) Neither the department nor the director shall do either	1275
of the following:	1276

(1) Limit the right of any person to erect, maintain, repair,	1277
remove, or utilize any off-premises or on-premises advertising	1278
device;	1279

(2) Make participation in the business logo sign program	1280
conditional upon a business agreeing to limit, discontinue,	1281
withdraw, modify, alter, or change any advertising or sign.	1282

(F) The program shall permit the business logo signs of a	1283
seller of motor vehicle fuel to include on the seller's signs a	1284
marking or symbol indicating that the seller sells one or more	1285
types of alternative fuel so long as the seller in fact sells that	1286
fuel.	1287

As used in this division, "alternative fuel" has the same	1288
meaning as in section 125.831 of the Revised Code.	1289

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	1290
trackless trolley, or streetcar at a speed greater or less than is	1291
reasonable or proper, having due regard to the traffic, surface,	1292
and width of the street or highway and any other conditions, and	1293
no person shall drive any motor vehicle, trackless trolley, or	1294
streetcar in and upon any street or highway at a greater speed	1295
than will permit the person to bring it to a stop within the	1296
assured clear distance ahead.	1297

(B) It is prima-facie lawful, in the absence of a lower limit	1298
declared pursuant to this section by the director of	1299
transportation or local authorities, for the operator of a motor	1300
vehicle, trackless trolley, or streetcar to operate the same at a	1301
speed not exceeding the following:	1302

(1)(a) Twenty miles per hour in school zones during school	1303
recess and while children are going to or leaving school during	1304
the opening or closing hours, and when twenty miles per hour	1305
school speed limit signs are erected; except that, on	1306
controlled-access highways and expressways, if the right-of-way	1307
line fence has been erected without pedestrian opening, the speed	1308
shall be governed by division (B)(4) of this section and on	1309
freeways, if the right-of-way line fence has been erected without	1310
pedestrian opening, the speed shall be governed by divisions	1311
(B)(9) and (10) of this section. The end of every school zone may	1312
be marked by a sign indicating the end of the zone. Nothing in	1313
this section or in the manual and specifications for a uniform	1314
system of traffic control devices shall be construed to require	1315
school zones to be indicated by signs equipped with flashing or	1316
other lights, or giving other special notice of the hours in which	1317
the school zone speed limit is in effect.	1318

(b) As used in this section and in section 4511.212 of the	1319
Revised Code, "school" means any school chartered under section	1320
3301.16 of the Revised Code and any nonchartered school that	1321
during the preceding year filed with the department of education	1322
in compliance with rule 3301-35-08 of the Ohio Administrative	1323
Code, a copy of the school's report for the parents of the	1324
school's pupils certifying that the school meets Ohio minimum	1325
standards for nonchartered, nontax-supported schools and presents	1326
evidence of this filing to the jurisdiction from which it is	1327
requesting the establishment of a school zone. "School" also	1328
includes a special elementary school that in writing requests the	1329
county engineer of the county in which the special elementary	1330
school is located to create a school zone at the location of that	1331
school. Upon receipt of such a written request, the county	1332
engineer shall create a school zone at that location by erecting	1333
the appropriate signs.	1334

(c) As used in this section, "school zone" means that portion	1335
of a street or highway passing a school fronting upon the street	1336
or highway that is encompassed by projecting the school property	1337
lines to the fronting street or highway, and also includes that	1338
portion of a state highway. Upon request from local authorities	1339
for streets and highways under their jurisdiction and that portion	1340
of a state highway under the jurisdiction of the director of	1341
transportation or a request from a county engineer in the case of	1342
a school zone for a special elementary school, the director may	1343
extend the traditional school zone boundaries. The distances in	1344
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	1345
exceed three hundred feet per approach per direction and are	1346
bounded by whichever of the following distances or combinations	1347
thereof the director approves as most appropriate:	1348

(i) The distance encompassed by projecting the school	1349
building lines normal to the fronting highway and extending a	1350
distance of three hundred feet on each approach direction;	1351

(ii) The distance encompassed by projecting the school	1352
property lines intersecting the fronting highway and extending a	1353
distance of three hundred feet on each approach direction;	1354

(iii) The distance encompassed by the special marking of the	1355
pavement for a principal school pupil crosswalk plus a distance of	1356
three hundred feet on each approach direction of the highway.	1357

Nothing in this section shall be construed to invalidate the	1358
director's initial action on August 9, 1976, establishing all	1359
school zones at the traditional school zone boundaries defined by	1360
projecting school property lines, except when those boundaries are	1361
extended as provided in divisions (B)(1)(a) and (c) of this	1362
section.	1363

(d) As used in this division, "crosswalk" has the meaning	1364
given that term in division (LL)(2) of section 4511.01 of the	1365
Revised Code.	1366

The director may, upon request by resolution of the	1367
legislative authority of a municipal corporation, the board of	1368
trustees of a township, or a county board of mental retardation	1369
and developmental disabilities created pursuant to Chapter 5126.	1370
of the Revised Code, and upon submission by the municipal	1371
corporation, township, or county board of such engineering,	1372
traffic, and other information as the director considers	1373
necessary, designate a school zone on any portion of a state route	1374
lying within the municipal corporation, lying within the	1375
unincorporated territory of the township, or lying adjacent to the	1376
property of a school that is operated by such county board, that	1377
includes a crosswalk customarily used by children going to or	1378
leaving a school during recess and opening and closing hours,	1379
whenever the distance, as measured in a straight line, from the	1380
school property line nearest the crosswalk to the nearest point of	1381
the crosswalk is no more than one thousand three hundred twenty	1382
feet. Such a school zone shall include the distance encompassed by	1383
the crosswalk and extending three hundred feet on each approach	1384
direction of the state route.	1385

(e) As used in this section, "special elementary school"	1386
means a school that meets all of the following criteria:	1387

(i) It is not chartered and does not receive tax revenue from	1388
any source.	1389

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

1390

(iii) It is located outside the limits of a municipal	1391
corporation.	1392

(iv) A majority of the total number of students enrolled at	1393
the school are not related by blood.	1394

(v) The principal or other person in charge of the special	1395
elementary school annually sends a report to the superintendent of	1396
the school district in which the special elementary school is	1397
located indicating the total number of students enrolled at the	1398
school, but otherwise the principal or other person in charge does	1399
not report any other information or data to the superintendent.	1400

(2) Twenty-five miles per hour in all other portions of a	1401
municipal corporation, except on state routes outside business	1402
districts, through highways outside business districts, and	1403
alleys;	1404

(3) Thirty-five miles per hour on all state routes or through	1405
highways within municipal corporations outside business districts,	1406
except as provided in divisions (B)(4) and (6) of this section;	1407

(4) Fifty miles per hour on controlled-access highways and	1408
expressways within municipal corporations;	1409

(5) Fifty-five miles per hour on highways outside municipal	1410
corporations, other than highways within island jurisdictions as	1411
provided in division (B)(8) of this section and freeways as	1412
provided in division (B)(13) of this section;	1413

(6) Fifty miles per hour on state routes within municipal	1414
corporations outside urban districts unless a lower prima-facie	1415
speed is established as further provided in this section;	1416

(7) Fifteen miles per hour on all alleys within the municipal	1417
corporation;	1418

(8) Thirty-five miles per hour on highways outside municipal	1419
corporations that are within an island jurisdiction;	1420

(9) Fifty-five miles per hour at all times on freeways with	1421
paved shoulders inside municipal corporations, other than freeways	1422
as provided in division (B)(13) of this section;	1423

(10) Fifty-five miles per hour at all times on freeways	1424
outside municipal corporations, other than freeways as provided in	1425
division (B)(13) of this section;	1426

(11) Fifty-five miles per hour at all times on all portions	1427
of freeways that are part of the interstate system and on all	1428
portions of freeways that are not part of the interstate system,	1429
but are built to the standards and specifications that are	1430
applicable to freeways that are part of the interstate system for	1431
operators of any motor vehicle weighing in excess of eight	1432
thousand pounds empty weight and any noncommercial bus;	1433

(12) Fifty-five miles per hour for operators of any motor	1434
vehicle weighing eight thousand pounds or less empty weight and	1435
any commercial bus at all times on all portions of freeways that	1436
are part of the interstate system and that had such a speed limit	1437
established prior to October 1, 1995, and freeways that are not	1438
part of the interstate system, but are built to the standards and	1439
specifications that are applicable to freeways that are part of	1440
the interstate system and that had such a speed limit established	1441
prior to October 1, 1995, unless a higher speed limit is	1442
established under division (L) of this section;	1443

(13) Sixty-five miles per hour for operators of any motor	1444
vehicle weighing eight thousand pounds or less empty weight and	1445
any commercial bus at all times on all portions of the following:	1446

(a) Freeways that are part of the interstate system and that	1447
had such a speed limit established prior to October 1, 1995, and	1448
freeways that are not part of the interstate system, but are built	1449
to the standards and specifications that are applicable to	1450
freeways that are part of the interstate system and that had such	1451
a speed limit established prior to October 1, 1995;	1452

(b) Freeways that are part of the interstate system and	1453
freeways that are not part of the interstate system but are built	1454
to the standards and specifications that are applicable to	1455
freeways that are part of the interstate system, and that had such	1456
a speed limit established under division (L) of this section;	1457

(c) Rural, divided, multi-lane highways that are designated	1458
as part of the national highway system under the "National Highway	1459
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	1460
and that had such a speed limit established under division (M) of	1461
this section.	1462

(C) It is prima-facie unlawful for any person to exceed any	1463
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	1464
(6), (7), and (8) of this section, or any declared pursuant to	1465
this section by the director or local authorities and it is	1466
unlawful for any person to exceed any of the speed limitations in	1467
division (D) of this section. No person shall be convicted of more	1468
than one violation of this section for the same conduct, although	1469
violations of more than one provision of this section may be	1470
charged in the alternative in a single affidavit.	1471

(D) No person shall operate a motor vehicle, trackless	1472
trolley, or streetcar upon a street or highway as follows:	1473

(1) At a speed exceeding fifty-five miles per hour, except	1474
upon a freeway as provided in division (B)(13) of this section;	1475

(2) At a speed exceeding sixty-five miles per hour upon a	1476
freeway as provided in division (B)(13) of this section except as	1477
otherwise provided in division (D)(3) of this section;	1478

(3) If a motor vehicle weighing in excess of eight thousand	1479
pounds empty weight or a noncommercial bus as prescribed in	1480
division (B)(11) of this section, at a speed exceeding fifty-five	1481
miles per hour upon a freeway as provided in that division;	1482

(4) At a speed exceeding the posted speed limit upon a	1483
freeway for which the director has determined and declared a speed	1484
limit of not more than sixty-five miles per hour pursuant to	1485
division (L)(2) or (M) of this section;	1486

(5) At a speed exceeding sixty-five miles per hour upon a	1487
freeway for which such a speed limit has been established through	1488
the operation of division (L)(3) of this section;	1489

(6) At a speed exceeding the posted speed limit upon a	1490
freeway for which the director has determined and declared a speed	1491
limit pursuant to division (I)(2) of this section.	1492

(E) In every charge of violation of this section the	1493
affidavit and warrant shall specify the time, place, and speed at	1494
which the defendant is alleged to have driven, and in charges made	1495
in reliance upon division (C) of this section also the speed which	1496
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	1497
declared pursuant to, this section declares is prima-facie lawful	1498
at the time and place of such alleged violation, except that in	1499
affidavits where a person is alleged to have driven at a greater	1500
speed than will permit the person to bring the vehicle to a stop	1501
within the assured clear distance ahead the affidavit and warrant	1502
need not specify the speed at which the defendant is alleged to	1503
have driven.	1504

(F) When a speed in excess of both a prima-facie limitation	1505
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	1506
this section is alleged, the defendant shall be charged in a	1507
single affidavit, alleging a single act, with a violation	1508
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	1509
(8) of this section, or of a limit declared pursuant to this	1510
section by the director or local authorities, and of the	1511
limitation in division (D)(1), (2), (3), (4), (5), or (6) of this	1512
section. If the court finds a violation of division (B)(1)(a),	1513
(2), (3), (4), (6), (7), or (8) of, or a limit declared pursuant	1514
to, this section has occurred, it shall enter a judgment of	1515
conviction under such division and dismiss the charge under	1516
division (D)(1), (2), (3), (4), (5), or (6) of this section. If it	1517
finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7),	1518
or (8) of, or a limit declared pursuant to, this section, it shall	1519
then consider whether the evidence supports a conviction under	1520
division (D)(1), (2), (3), (4), (5), or (6) of this section.	1521

(G) Points shall be assessed for violation of a limitation	1522
under division (D) of this section in accordance with section	1523
4510.036 of the Revised Code.	1524

(H) Whenever the director determines upon the basis of a	1525
geometric and traffic characteristic study that any speed limit	1526
set forth in divisions (B)(1)(a) to (D) of this section is greater	1527
or less than is reasonable or safe under the conditions found to	1528
exist at any portion of a street or highway under the jurisdiction	1529
of the director, the director shall determine and declare a	1530
reasonable and safe prima-facie speed limit, which shall be	1531
effective when appropriate signs giving notice of it are erected	1532
at the location.	1533

(I)(1) Except as provided in divisions (I)(2) and (K) of this	1534
section, whenever local authorities determine upon the basis of an	1535
engineering and traffic investigation that the speed permitted by	1536
divisions (B)(1)(a) to (D) of this section, on any part of a	1537
highway under their jurisdiction, is greater than is reasonable	1538
and safe under the conditions found to exist at such location, the	1539
local authorities may by resolution request the director to	1540
determine and declare a reasonable and safe prima-facie speed	1541
limit. Upon receipt of such request the director may determine and	1542
declare a reasonable and safe prima-facie speed limit at such	1543
location, and if the director does so, then such declared speed	1544
limit shall become effective only when appropriate signs giving	1545
notice thereof are erected at such location by the local	1546
authorities. The director may withdraw the declaration of a	1547
prima-facie speed limit whenever in the director's opinion the	1548
altered prima-facie speed becomes unreasonable. Upon such	1549
withdrawal, the declared prima-facie speed shall become	1550
ineffective and the signs relating thereto shall be immediately	1551
removed by the local authorities.	1552

(2) A local authority may determine on the basis of a	1553
geometric and traffic characteristic study that the speed limit of	1554
sixty-five miles per hour on a portion of a freeway under its	1555
jurisdiction that was established through the operation of	1556
division (L)(3) of this section is greater than is reasonable or	1557
safe under the conditions found to exist at that portion of the	1558
freeway. If the local authority makes such a determination, the	1559
local authority by resolution may request the director to	1560
determine and declare a reasonable and safe speed limit of not	1561
less than fifty-five miles per hour for that portion of the	1562
freeway. If the director takes such action, the declared speed	1563
limit becomes effective only when appropriate signs giving notice	1564
of it are erected at such location by the local authority.	1565

(J) Local authorities in their respective jurisdictions may	1566
authorize by ordinance higher prima-facie speeds than those stated	1567
in this section upon through highways, or upon highways or	1568
portions thereof where there are no intersections, or between	1569
widely spaced intersections, provided signs are erected giving	1570
notice of the authorized speed, but local authorities shall not	1571
modify or alter the basic rule set forth in division (A) of this	1572
section or in any event authorize by ordinance a speed in excess	1573
of fifty miles per hour.	1574

Alteration of prima-facie limits on state routes by local	1575
authorities shall not be effective until the alteration has been	1576
approved by the director. The director may withdraw approval of	1577
any altered prima-facie speed limits whenever in the director's	1578
opinion any altered prima-facie speed becomes unreasonable, and	1579
upon such withdrawal, the altered prima-facie speed shall become	1580
ineffective and the signs relating thereto shall be immediately	1581
removed by the local authorities.	1582

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	1583
section, "unimproved highway" means a highway consisting of any of	1584
the following:	1585

(a) Unimproved earth;

1586

(b) Unimproved graded and drained earth;

1587

(c) Gravel.

1588

(2) Except as otherwise provided in divisions (K)(4) and (5)	1589
of this section, whenever a board of township trustees determines	1590
upon the basis of an engineering and traffic investigation that	1591
the speed permitted by division (B)(5) of this section on any part	1592
of an unimproved highway under its jurisdiction and in the	1593
unincorporated territory of the township is greater than is	1594
reasonable or safe under the conditions found to exist at the	1595
location, the board may by resolution declare a reasonable and	1596
safe prima-facie speed limit of fifty-five but not less than	1597
twenty-five miles per hour. An altered speed limit adopted by a	1598
board of township trustees under this division becomes effective	1599
when appropriate traffic control devices, as prescribed in section	1600
4511.11 of the Revised Code, giving notice thereof are erected at	1601
the location, which shall be no sooner than sixty days after	1602
adoption of the resolution.	1603

(3)(a) Whenever, in the opinion of a board of township	1604
trustees, any altered prima-facie speed limit established by the	1605
board under this division becomes unreasonable, the board may	1606
adopt a resolution withdrawing the altered prima-facie speed	1607
limit. Upon the adoption of such a resolution, the altered	1608
prima-facie speed limit becomes ineffective and the traffic	1609
control devices relating thereto shall be immediately removed.	1610

(b) Whenever a highway ceases to be an unimproved highway and	1611
the board has adopted an altered prima-facie speed limit pursuant	1612
to division (K)(2) of this section, the board shall, by	1613
resolution, withdraw the altered prima-facie speed limit as soon	1614
as the highway ceases to be unimproved. Upon the adoption of such	1615
a resolution, the altered prima-facie speed limit becomes	1616
ineffective and the traffic control devices relating thereto shall	1617
be immediately removed.	1618

(4)(a) If the boundary of two townships rests on the	1619
centerline of an unimproved highway in unincorporated territory	1620
and both townships have jurisdiction over the highway, neither of	1621
the boards of township trustees of such townships may declare an	1622
altered prima-facie speed limit pursuant to division (K)(2) of	1623
this section on the part of the highway under their joint	1624
jurisdiction unless the boards of township trustees of both of the	1625
townships determine, upon the basis of an engineering and traffic	1626
investigation, that the speed permitted by division (B)(5) of this	1627
section is greater than is reasonable or safe under the conditions	1628
found to exist at the location and both boards agree upon a	1629
reasonable and safe prima-facie speed limit of less than	1630
fifty-five but not less than twenty-five miles per hour for that	1631
location. If both boards so agree, each shall follow the procedure	1632
specified in division (K)(2) of this section for altering the	1633
prima-facie speed limit on the highway. Except as otherwise	1634
provided in division (K)(4)(b) of this section, no speed limit	1635
altered pursuant to division (K)(4)(a) of this section may be	1636
withdrawn unless the boards of township trustees of both townships	1637
determine that the altered prima-facie speed limit previously	1638
adopted becomes unreasonable and each board adopts a resolution	1639
withdrawing the altered prima-facie speed limit pursuant to the	1640
procedure specified in division (K)(3)(a) of this section.	1641

(b) Whenever a highway described in division (K)(4)(a) of	1642
this section ceases to be an unimproved highway and two boards of	1643
township trustees have adopted an altered prima-facie speed limit	1644
pursuant to division (K)(4)(a) of this section, both boards shall,	1645
by resolution, withdraw the altered prima-facie speed limit as	1646
soon as the highway ceases to be unimproved. Upon the adoption of	1647
the resolution, the altered prima-facie speed limit becomes	1648
ineffective and the traffic control devices relating thereto shall	1649
be immediately removed.	1650

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

1651

(a) "Commercial subdivision" means any platted territory	1652
outside the limits of a municipal corporation and fronting a	1653
highway where, for a distance of three hundred feet or more, the	1654
frontage is improved with buildings in use for commercial	1655
purposes, or where the entire length of the highway is less than	1656
three hundred feet long and the frontage is improved with	1657
buildings in use for commercial purposes.	1658

(b) "Residential subdivision" means any platted territory	1659
outside the limits of a municipal corporation and fronting a	1660
highway, where, for a distance of three hundred feet or more, the	1661
frontage is improved with residences or residences and buildings	1662
in use for business, or where the entire length of the highway is	1663
less than three hundred feet long and the frontage is improved	1664
with residences or residences and buildings in use for business.	1665

Whenever a board of township trustees finds upon the basis of	1666
an engineering and traffic investigation that the prima-facie	1667
speed permitted by division (B)(5) of this section on any part of	1668
a highway under its jurisdiction that is located in a commercial	1669
or residential subdivision, except on highways or portions thereof	1670
at the entrances to which vehicular traffic from the majority of	1671
intersecting highways is required to yield the right-of-way to	1672
vehicles on such highways in obedience to stop or yield signs or	1673
traffic control signals, is greater than is reasonable and safe	1674
under the conditions found to exist at the location, the board may	1675
by resolution declare a reasonable and safe prima-facie speed	1676
limit of less than fifty-five but not less than twenty-five miles	1677
per hour at the location. An altered speed limit adopted by a	1678
board of township trustees under this division shall become	1679
effective when appropriate signs giving notice thereof are erected	1680
at the location by the township. Whenever, in the opinion of a	1681
board of township trustees, any altered prima-facie speed limit	1682
established by it under this division becomes unreasonable, it may	1683
adopt a resolution withdrawing the altered prima-facie speed, and	1684
upon such withdrawal, the altered prima-facie speed shall become	1685
ineffective, and the signs relating thereto shall be immediately	1686
removed by the township.	1687

(L)(1) Within one hundred twenty days of February 29, 1996,	1688
the director of transportation, based upon a geometric and traffic	1689
characteristic study of a freeway that is part of the interstate	1690
system or that is not part of the interstate system, but is built	1691
to the standards and specifications that are applicable to	1692
freeways that are part of the interstate system, in consultation	1693
with the director of public safety and, if applicable, the local	1694
authority having jurisdiction over a portion of such freeway, may	1695
determine and declare that the speed limit of less than sixty-five	1696
miles per hour established on such freeway or portion of freeway	1697
either is reasonable and safe or is less than that which is	1698
reasonable and safe.	1699

(2) If the established speed limit for such a freeway or	1700
portion of freeway is determined to be less than that which is	1701
reasonable and safe, the director of transportation, in	1702
consultation with the director of public safety and, if	1703
applicable, the local authority having jurisdiction over the	1704
portion of freeway, shall determine and declare a reasonable and	1705
safe speed limit of not more than sixty-five miles per hour for	1706
that freeway or portion of freeway.	1707

The director of transportation or local authority having	1708
jurisdiction over the freeway or portion of freeway shall erect	1709
appropriate signs giving notice of the speed limit at such	1710
location within one hundred fifty days of February 29, 1996. Such	1711
speed limit becomes effective only when such signs are erected at	1712
the location.	1713

(3) If, within one hundred twenty days of February 29, 1996,	1714
the director of transportation does not make a determination and	1715
declaration of a reasonable and safe speed limit for a freeway or	1716
portion of freeway that is part of the interstate system or that	1717
is not part of the interstate system, but is built to the	1718
standards and specifications that are applicable to freeways that	1719
are part of the interstate system and that has a speed limit of	1720
less than sixty-five miles per hour, the speed limit on that	1721
freeway or portion of a freeway shall be sixty-five miles per	1722
hour. The director of transportation or local authority having	1723
jurisdiction over the freeway or portion of the freeway shall	1724
erect appropriate signs giving notice of the speed limit of	1725
sixty-five miles per hour at such location within one hundred	1726
fifty days of February 29, 1996. Such speed limit becomes	1727
effective only when such signs are erected at the location. A	1728
speed limit established through the operation of division (L)(3)	1729
of this section is subject to reduction under division (I)(2) of	1730
this section.	1731

(M) Within three hundred sixty days after February 29, 1996,	1732
the director of transportation, based upon a geometric and traffic	1733
characteristic study of a rural, divided, multi-lane highway that	1734
has been designated as part of the national highway system under	1735
the "National Highway System Designation Act of 1995," 109 Stat.	1736
568, 23 U.S.C.A. 103, in consultation with the director of public	1737
safety and, if applicable, the local authority having jurisdiction	1738
over a portion of the highway, may determine and declare that the	1739
speed limit of less than sixty-five miles per hour established on	1740
the highway or portion of highway either is reasonable and safe or	1741
is less than that which is reasonable and safe.	1742

If the established speed limit for the highway or portion of	1743
highway is determined to be less than that which is reasonable and	1744
safe, the director of transportation, in consultation with the	1745
director of public safety and, if applicable, the local authority	1746
having jurisdiction over the portion of highway, shall determine	1747
and declare a reasonable and safe speed limit of not more than	1748
sixty-five miles per hour for that highway or portion of highway.	1749
The director of transportation or local authority having	1750
jurisdiction over the highway or portion of highway shall erect	1751
appropriate signs giving notice of the speed limit at such	1752
location within three hundred ninety days after February 29, 1996.	1753
The speed limit becomes effective only when such signs are erected	1754
at the location.	1755

(N)(1)(a) If the boundary of two local authorities rests on	1756
the centerline of a highway and both authorities have jurisdiction	1757
over the highway, the speed limit for the part of the highway	1758
within their joint jurisdiction shall be either one of the	1759
following as agreed to by both authorities:	1760

(i) Either prima-facie speed limit permitted by division (B)	1761
of this section;	1762

(ii) An altered speed limit determined and posted in	1763
accordance with this section.	1764

(b) If the local authorities are unable to reach an	1765
agreement, the speed limit shall remain as established and posted	1766
under this section.	1767

(2) Neither local authority may declare an altered	1768
prima-facie speed limit pursuant to this section on the part of	1769
the highway under their joint jurisdiction unless both of the	1770
local authorities determine, upon the basis of an engineering and	1771
traffic investigation, that the speed permitted by this section is	1772
greater than is reasonable or safe under the conditions found to	1773
exist at the location and both authorities agree upon a uniform	1774
reasonable and safe prima-facie speed limit of less than	1775
fifty-five but not less than twenty-five miles per hour for that	1776
location. If both authorities so agree, each shall follow the	1777
procedure specified in this section for altering the prima-facie	1778
speed limit on the highway, and the speed limit for the part of	1779
the highway within their joint jurisdiction shall be uniformly	1780
altered. No altered speed limit may be withdrawn unless both local	1781
authorities determine that the altered prima-facie speed limit	1782
previously adopted becomes unreasonable and each adopts a	1783
resolution withdrawing the altered prima-facie speed limit	1784
pursuant to the procedure specified in this section.	1785

(O) As used in this section:

1786

(1) "Interstate system" has the same meaning as in 23	1787
U.S.C.A. 101.	1788

(2) "Commercial bus" means a motor vehicle designed for	1789
carrying more than nine passengers and used for the transportation	1790
of persons for compensation.	1791

(3) "Noncommercial bus" includes but is not limited to a	1792
school bus or a motor vehicle operated solely for the	1793
transportation of persons associated with a charitable or	1794
nonprofit organization.	1795

(P)(1) A violation of any provision of this section is one of	1796
the following:	1797

(a) Except as otherwise provided in divisions (P)(1)(b),	1798
(1)(c), (2), and (3) of this section, a minor misdemeanor;	1799

(b) If, within one year of the offense, the offender	1800
previously has been convicted of or pleaded guilty to two	1801
violations of any provision of this section or of any provision of	1802
a municipal ordinance that is substantially similar to any	1803
provision of this section, a misdemeanor of the fourth degree;	1804

(c) If, within one year of the offense, the offender	1805
previously has been convicted of or pleaded guilty to three or	1806
more violations of any provision of this section or of any	1807
provision of a municipal ordinance that is substantially similar	1808
to any provision of this section, a misdemeanor of the third	1809
degree.	1810

(2) If the offender has not previously been convicted of or	1811
pleaded guilty to a violation of any provision of this section or	1812
of any provision of a municipal ordinance that is substantially	1813
similar to this section and operated a motor vehicle faster than	1814
thirty-five miles an hour in a business district of a municipal	1815
corporation, faster than fifty miles an hour in other portions of	1816
a municipal corporation, or faster than thirty-five miles an hour	1817
in a school zone during recess or while children are going to or	1818
leaving school during the school's opening or closing hours, a	1819
misdemeanor of the fourth degree.	1820

(3) Notwithstanding division (P)(1) of this section, if the	1821
offender operated a motor vehicle in a construction zone where a	1822
sign was then posted in accordance with section 4511.98 of the	1823
Revised Code, the court, in addition to all other penalties	1824
provided by law, shall impose upon the offender a fine of two	1825
times the usual amount imposed for the violation. No court shall	1826
impose a fine of two times the usual amount imposed for the	1827
violation upon an offender if the offender alleges, in an	1828
affidavit filed with the court prior to the offender's sentencing,	1829
that the offender is indigent and is unable to pay the fine	1830
imposed pursuant to this division and if the court determines that	1831
the offender is an indigent person and unable to pay the fine.	1832

Sec. 4519.59.  (A) The clerk of a court of common pleas	1833
shall charge a fee of five dollars for each certificate of title,	1834
duplicate certificate of title, memorandum certificate of title,	1835
authorization to print a non-negotiable evidence of ownership	1836
described in division (D) of section 4519.58 of the Revised Code,	1837
non-negotiable evidence of ownership printed by the clerk under	1838
division (E) of that section, and notation of any lien on a	1839
certificate of title. The clerk shall retain two dollars and	1840
twenty-five cents of the fee charged for each certificate of	1841
title, four dollars and seventy-five cents of the fee charged for	1842
each duplicate certificate of title, all of the fees charged for	1843
each memorandum certificate, authorization to print a	1844
non-negotiable evidence of ownership, or non-negotiable evidence	1845
of ownership printed by the clerk, and four dollars and	1846
twenty-five cents of the fee charged for each notation of a lien.	1847

The remaining two dollars and seventy-five cents charged for	1848
the certificate of title, the remaining twenty-five cents charged	1849
for the duplicate certificate of title, and the remaining	1850
seventy-five cents charged for the notation of any lien on a	1851
certificate of title shall be paid to the registrar of motor	1852
vehicles by monthly returns, which shall be forwarded to the	1853
registrar not later than the fifth day of the month next	1854
succeeding that in which the certificate is forwarded or that in	1855
which the registrar is notified of a lien or cancellation of a	1856
lien.	1857

(B)(1) The registrar shall pay twenty-five cents of the	1858
amount received for each certificate of title and all of the	1859
amounts received for each notation of any lien and each duplicate	1860
certificate of title into the state bureau of motor vehicles fund	1861
established in section 4501.25 of the Revised Code.	1862

(2) Fifty cents of the amount received for each certificate	1863
of title shall be paid by the registrar as follows:	1864

(a) Four cents shall be paid into the state treasury to the	1865
credit of the motor vehicle dealers board fund created in section	1866
4505.09 of the Revised Code, for use as described in division	1867
(B)(2)(a) of that section.	1868

(b) Twenty-one cents shall be paid into the general revenue	1869
highway operating fund.	1870

(c) Twenty-five cents shall be paid into the state treasury	1871
to the credit of the motor vehicle sales audit fund created in	1872
section 4505.09 of the Revised Code, for use as described in	1873
division (B)(2)(c) of that section.	1874

(3) Two dollars of the amount received by the registrar for	1875
each certificate of title shall be paid into the state treasury to	1876
the credit of the automated title processing fund created in	1877
section 4505.09 of the Revised Code, for use as described in	1878
divisions (B)(3)(a) and (c) of that section.	1879

Sec. 4561.18. (A) The owner of any aircraft that is based in	1880
this state and that is not of a type specified in divisions (A)(1)	1881
to (6) of section 4561.17 of the Revised Code, shall register that	1882
aircraft with the department of transportation pursuant to this	1883
section.	1884

(B) Applications for the licensing and registration of	1885
aircraft shall be made and signed by the owner on forms the	1886
department of transportation prepares. The forms shall contain a	1887
description of the aircraft, including its federal registration	1888
number, the airport or other place at which the aircraft is based,	1889
and any other information the department requires.	1890

(C)(1) Registration forms shall be filed with the director of	1891
transportation annually at the time the director specifies and	1892
shall be renewed according to the standard renewal procedure of	1893
sections 4745.01 to 4745.03 of the Revised Code. If the airport or	1894
other place at which the aircraft usually is based changes, the	1895
owner shall update the registration by filing a new form with the	1896
office of aviation.	1897

(2) An application for the registration of any aircraft not	1898
previously registered in this state that is acquired or becomes	1899
subject to the license tax subsequent to the last day of January	1900
in any year, shall be made for the balance of the year in which	1901
the aircraft is acquired, within thirty days after the acquisition	1902
or after becoming subject to the license tax.	1903

(D)(1) Each registration form shall be accompanied by the	1904
proper license tax, which, for all aircraft other than gliders and	1905
balloonsthose described in divisions (D)(2) and (3) of this	1906
section, shall be at the annual rate of fifteen dollars per seat,	1907
based on the manufacturer's maximum listed seating capacity. The	1908

(2) The license tax for gliders and balloons shall be fifteen	1909
dollars annually.	1910

(3) The annual license tax for commercial cargo aircraft	1911
shall be seven hundred fifty dollars per aircraft.	1912

(E) The department of transportation shall maintain all	1913
registrations filed with it under this section and shall develop a	1914
program to track and enforce the registration of aircraft based in	1915
this state.	1916

(F) The taxes this section requires are in lieu of all other	1917
taxes on or with respect to ownership of an aircraft.	1918

(G) The director of transportation shall impose a fine	1919
pursuant to section 4561.22 of the Revised Code for each aircraft	1920
that an owner fails to register as this section requires and shall	1921
require the owner to register the aircraft within the time the	1922
director specifies. The director may impose a separate fine for	1923
each registration period during which the owner fails to register	1924
the aircraft.	1925

(H) As used in this section, "commercial cargo aircraft"	1926
means any aircraft used in connection with an all-cargo operation,	1927
as defined in 14 C.F.R. 119.3.	1928

Sec. 5501.31.  The director of transportation shall have	1929
general supervision of all roads comprising the state highway	1930
system. The director may alter, widen, straighten, realign,	1931
relocate, establish, construct, reconstruct, improve, maintain,	1932
repair, and preserve any road or highway on the state highway	1933
system, and, in connection therewith, relocate, alter, widen,	1934
deepen, clean out, or straighten the channel of any watercourse as	1935
the director considers necessary, and purchase or appropriate	1936
property for the disposal of surplus materials or borrow pits,	1937
and, where an established road has been relocated, establish,	1938
construct, and maintain such connecting roads between the old and	1939
new location as will provide reasonable access thereto.	1940

The director may purchase or appropriate property necessary	1941
for the location or construction of any culvert, bridge, or	1942
viaduct, or the approaches thereto, including any property needed	1943
to extend, widen, or alter any feeder or outlet road, street, or	1944
way adjacent to or under the bridge or viaduct when the extension,	1945
widening, or alteration of the feeder road, street, or way is	1946
necessary for the full utilization of the bridge or viaduct, or	1947
for any other highway improvement. The director may purchase or	1948
appropriate, for such length of time as is necessary and	1949
desirable, any additional property required for the construction	1950
and maintenance of slopes, detour roads, sewers, roadside parks,	1951
rest areas, recreational park areas, park and ride facilities, and	1952
park and carpool or vanpool facilities, scenic view areas,	1953
drainage systems, or land to replace wetlands, incident to any	1954
highway improvement, that the director is or may be authorized to	1955
locate or construct. Also incident to any authorized highway	1956
improvement, the director may purchase property from a willing	1957
seller as required for the construction and maintenance of	1958
bikeways and bicycle paths or to replace, preserve, or conserve	1959
any environmental resource if the replacement, preservation, or	1960
conservation is required by state or federal law.	1961

Title to property purchased or appropriated by the director	1962
shall be taken in the name of the state either in fee simple or in	1963
any lesser estate or interest that the director considers	1964
necessary or proper, in accordance with forms to be prescribed by	1965
the attorney general. The deed shall contain a description of the	1966
property and be recorded in the county where the property is	1967
situated and, when recorded, shall be kept on file in the	1968
department of transportation. The property may be described by	1969
metes and bounds or by the department of transportation parcel	1970
number as shown on a right of way plan recorded in the county	1971
where the property is located.	1972

Provided that when property, other than property used by a	1973
railroad for operating purposes, is acquired in connection with	1974
improvements involving projects affecting railroads wherein the	1975
department is obligated to acquire property under grade separation	1976
statutes, or on other improvements wherein the department is	1977
obligated to acquire lands under agreements with railroads, or	1978
with a public utility, political subdivision, public corporation,	1979
or private corporation owning transportation facilities for the	1980
readjustment, relocation, or improvement of their facilities, a	1981
fee simple title or an easement may be acquired by purchase or	1982
appropriation in the name of the railroad, public utility,	1983
political subdivision, public corporation, or private corporation	1984
in the discretion of the director. When the title to lands, which	1985
are required to adjust, relocate, or improve such facilities	1986
pursuant to agreements with the director, is taken in the name of	1987
the state, then, in the discretion of the director, the title to	1988
such lands may be conveyed to the railroad, public utility,	1989
political subdivision, or public corporation for which they were	1990
acquired. The conveyance shall be prepared by the attorney general	1991
and executed by the governor and bear the great seal of the state	1992
of Ohio.	1993

The director, in the maintenance or repair of state highways,	1994
is not limited to the use of the materials with which the	1995
highways, including the bridges and culverts thereon, were	1996
originally constructed, but may use any material that is proper or	1997
suitable. The director may aid any board of county commissioners	1998
in establishing, creating, and repairing suitable systems of	1999
drainage for all highways within the jurisdiction or control of	2000
the board and advise with it as to the establishment,	2001
construction, improvement, maintenance, and repair of the	2002
highways.	2003

Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,	2004
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and	2005
5535. of the Revised Code do not prohibit the federal government,	2006
or any individual or corporation, from contributing a portion of	2007
the cost of the establishment, construction, reconstruction,	2008
relocating, widening, resurfacing, maintenance, and repair of the	2009
highways.	2010

Except in the case of maintaining, repairing, erecting	2011
traffic signs on, or pavement marking of state highways within	2012
villages, which is mandatory as required by section 5521.01 of the	2013
Revised Code, and except as provided in section 5501.49 of the	2014
Revised Code, no duty of constructing, reconstructing, widening,	2015
resurfacing, maintaining, or repairing state highways within	2016
municipal corporations, or the bridges and culverts thereon, shall	2017
attach to or rest upon the director, but the director may	2018
construct, reconstruct, widen, resurface, maintain, and repair the	2019
same with or without the cooperation of any municipal corporation,	2020
or with or without the cooperation of boards of county	2021
commissioners upon each municipal corporation consenting thereto.	2022

Sec. 5501.49.  (A) The director of transportation is	2023
responsible for the construction, reconstruction, major and	2024
routine maintenance and repair, and operation of all lift bridges	2025
located on the state highway system within a municipal	2026
corporation. The responsibilities of the director pertain only to	2027
those lift bridges necessary for the initial construction or	2028
continued operation of the state highway system. The county or	2029
other person responsible for maintaining the pavements and	2030
sidewalks on either end of the bridge is responsible for the	2031
routine maintenance of all lift bridges located on the state	2032
highway system within the municipal corporation, unless other	2033
arrangements have been made between the county and the municipal	2034
corporation to perform the routine maintenance.	2035

(B) The director may enter into an agreement with the	2036
legislative authority of a municipal corporation or a county, upon	2037
mutually agreeable terms, for the municipal corporation or county	2038
to operate and perform major and routine maintenance and repair on	2039
any lift bridge located on the state highway system within the	2040
municipal corporation or county.	2041

(C) The director is not required to obtain the consent of a	2042
municipal corporation prior to the performance of any major lift	2043
or routine bridge maintenance and repair. Except in an emergency,	2044
the director shall give a municipal corporation reasonable notice	2045
prior to the performance of any work that will affect the flow of	2046
traffic. No utilities, signs, or other appurtenances shall be	2047
attached to a lift bridge without the prior written consent of the	2048
director.	2049

(D) As used in this section:

2050

(1) Major and routine maintenance and repair relates to all	2051
elements of a lift bridge, including abutments, wingwalls, and	2052
headwalls but excluding approach fill and approach slab, and	2053
appurtenances thereto.	2054

(2) "Major maintenance" includes the painting of a lift	2055
bridge and the repair of deteriorated or damaged elements,	2056
including bridge decks, to restore the structural integrity of a	2057
lift bridge.	2058

(3) "Routine maintenance" includes without limitation,	2059
clearing debris from the deck, sweeping, snow and ice removal,	2060
minor wearing surface patching, cleaning bridge drainage systems,	2061
marking decks for traffic control, minor and emergency repairs to	2062
railing and appurtenances, emergency patching of deck, and	2063
maintenance of traffic signal and lighting systems, including the	2064
supply of electrical power.	2065

(4) "Operation" relates to those expenses that are necessary	2066
for the routine, daily operation of a lift bridge, such as	2067
payroll, workers' compensation and retirement payments, and the	2068
cost of utilities.	2069

Sec. 5502.03. (A) There is hereby created in the department	2070
of public safety a division of homeland security. It is the intent	2071
of the general assembly that the creation of the division of	2072
homeland security of the department of public safety by this	2073
amendment does not result in an increase of funding appropriated	2074
to the department.	2075

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

2076

(1) Coordinate all homeland security activities of all state	2077
agencies and be the liaison between state agencies and local	2078
entities for the purposes of communicating homeland security	2079
funding and policy initiatives;	2080

(2) Collect, analyze, maintain, and disseminate information	2081
to support local, state, and federal law enforcement agencies,	2082
other government agencies, and private organizations in detecting,	2083
deterring, preventing, preparing for, responding to, and	2084
recovering from threatened or actual terrorist events. This	2085
information is not a public record pursuant to section 149.43 of	2086
the Revised Code.	2087

(3) Coordinate efforts of state and local governments and	2088
private organizations to enhance the security and protection of	2089
critical infrastructure and key assets in this state;	2090

(4) Develop and coordinate policies, protocols, and	2091
strategies that may be used to prevent, detect, prepare for,	2092
respond to, and recover from terrorist acts or threats;	2093

(5) Develop, update, and coordinate the implementation of an	2094
Ohio homeland security strategic plan that will guide state and	2095
local governments in the achievement of homeland security in this	2096
state.	2097

(C) The director of public safety shall appoint an executive	2098
director, who shall be head of the division of homeland security	2099
and who regularly shall advise the governor and the director on	2100
matters pertaining to homeland security. The executive director	2101
shall serve at the pleasure of the director of public safety. To	2102
carry out the duties assigned under this section, the executive	2103
director, subject to the direction and control of the director of	2104
public safety, may appoint and maintain necessary staff and may	2105
enter into any necessary agreements.	2106

(D) Except as otherwise provided by law, nothing in this	2107
section shall be construed to give the director of public safety	2108
or the executive director of the division of homeland security	2109
authority over the incident management structure or	2110
responsibilities of local emergency response personnel.	2111

Sec. 5502.62.  (A) There is hereby created in the department	2112
of public safety a division of criminal justice services. The	2113
director of public safety, with the concurrence of the governor,	2114
shall appoint an executive director of the division of criminal	2115
justice services. The executive director shall be the head of the	2116
division. The executive director shall serve at the pleasure of	2117
the director of public safety. To carry out the duties assigned	2118
under this section and to comply with sections 5502.63 to 5502.66	2119
of the Revised Code, the executive director, subject to the	2120
direction and control of the director of public safety, may	2121
appoint and maintain any necessary staff and may enter into any	2122
necessary contracts and other agreements. The executive director	2123
of the division, and all professional and technical personnel	2124
employed within the division who are not public employees as	2125
defined in section 4117.01 of the Revised Code, shall be in the	2126
unclassified civil service, and all other persons employed within	2127
the division shall be in the classified civil service.	2128

(B) Subject to division (F) of this section and subject to	2129
divisions (D) to (F) of section 5120.09 of the Revised Code	2130
insofar as those divisions relate to federal criminal justice acts	2131
that the governor requires the department of rehabilitation and	2132
correction to administer, the division of criminal justice	2133
services shall do all of the following:	2134

(1) Serve as the state criminal justice services agency and	2135
perform criminal justice system planning in the state, including	2136
any planning that is required by any federal law;	2137

(2) Collect, analyze, and correlate information and data	2138
concerning the criminal justice system in the state;	2139

(3) Cooperate with and provide technical assistance to state	2140
departments, administrative planning districts, metropolitan	2141
county criminal justice services agencies, criminal justice	2142
coordinating councils, agencies, offices, and departments of the	2143
criminal justice system in the state, and other appropriate	2144
organizations and persons;	2145

(4) Encourage and assist agencies, offices, and departments	2146
of the criminal justice system in the state and other appropriate	2147
organizations and persons to solve problems that relate to the	2148
duties of the division;	2149

(5) Administer within the state any federal criminal justice	2150
acts that the governor requires it to administer;	2151

(6) Administer funds received under the "Family Violence	2152
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	2153
10401, as amended, with all powers necessary for the adequate	2154
administration of those funds, including the authority to	2155
establish a family violence prevention and services program;	2156

(7) Implement the state comprehensive plans;

2157

(8) Audit grant activities of agencies, offices,	2158
organizations, and persons that are financed in whole or in part	2159
by funds granted through the division;	2160

(9) Monitor or evaluate the performance of criminal justice	2161
system projects and programs in the state that are financed in	2162
whole or in part by funds granted through the division;	2163

(10) Apply for, allocate, disburse, and account for grants	2164
that are made available pursuant to federal criminal justice acts,	2165
or made available from other federal, state, or private sources,	2166
to improve the criminal justice system in the state. All money	2167
from such federal grants that require that the money be deposited	2168
into an interest-bearing fund or account, that are intended to	2169
provide funding to local criminal justice programs, and that	2170
require that investment earnings be distributed for program	2171
purposes shall be deposited in the state treasury to the credit of	2172
the federal justice programs funds, which are hereby created. A	2173
separate fund shall be established each federal fiscal year. All	2174
investment earnings of a federal justice programs fund shall be	2175
credited to that fund and distributed in accordance with the terms	2176
of the grant under which the money is received. If the terms under	2177
which the money is received do not require the money to be	2178
deposited into an interest-bearing fund or account, all money from	2179
such federal grants shall be deposited into the state treasury to	2180
the credit of the federal justice grants fund, which is hereby	2181
created. Money credited to the fund shall be used or distributed	2182
pursuant to the federal grant programs under which the money is	2183
received.	2184

(11) Contract with federal, state, and local agencies,	2185
foundations, corporations, businesses, and persons when necessary	2186
to carry out the duties of the division;	2187

(12) Oversee the activities of metropolitan county criminal	2188
justice services agencies, administrative planning districts, and	2189
criminal justice coordinating councils in the state;	2190

(13) Advise the director of public safety, general assembly,	2191
and governor on legislation and other significant matters that	2192
pertain to the improvement and reform of criminal and juvenile	2193
justice systems in the state;	2194

(14) Prepare and recommend legislation to the director of	2195
public safety, general assembly, and governor for the improvement	2196
of the criminal and juvenile justice systems in the state;	2197

(15) Assist, advise, and make any reports that are requested	2198
or required by the governor, director of public safety, attorney	2199
general, or general assembly;	2200

(16) Develop and maintain the Ohio incident-based reporting	2201
system in accordance with division (C) of this section;	2202

(17) Subject to the approval of the director of public	2203
safety, adopt rules pursuant to Chapter 119. of the Revised Code;	2204

(18)(a) Not later than June 1, 2007, and subject to the	2205
approval of the director of public safety, adopt rules for the	2206
establishment and maintenance of a mcgruff house program by any	2207
sponsoring agency. The rules shall include the following:	2208

(i) The adoption of the mcgruff house symbol to be used	2209
exclusively in all mcgruff house programs in this state;	2210

(ii) The requirements for any sponsoring agency to establish	2211
and maintain a mcgruff house program;	2212

(iii) The criteria for the selection of volunteers to	2213
participate in a mcgruff house program that shall include, but not	2214
be limited to, criminal background checks of those volunteers;	2215

(iv) Any other matters that the division of criminal justice	2216
services considers necessary for the establishment and maintenance	2217
of mcgruff house programs by sponsoring agencies and the	2218
participation of volunteers in those programs.	2219

(b) The division of criminal justice services shall	2220
distribute materials and provide technical assistance to any	2221
sponsoring agency that establishes and maintains a mcgruff house	2222
program, any volunteer group or organization that provides	2223
assistance to that sponsoring agency, or any volunteer who	2224
participates in a mcgruff house program.	2225

(C) The division of criminal justice services shall develop	2226
and maintain the Ohio incident-based reporting system to	2227
facilitate the sharing of information with the federal bureau of	2228
investigation and participating law enforcement agencies in Ohio.	2229
The Ohio incident-based reporting system shall be known as OIBRS.	2230
In connection with OIBRS, the division shall do all of the	2231
following:	2232

(1) Collect and organize statistical data for reporting to	2233
the national incident-based reporting system operated by the	2234
federal bureau of investigation for the purpose of securing	2235
federal criminal justice grants;	2236

(2) Analyze and highlight mapping data for participating law	2237
enforcement agencies;	2238

(3) Distribute data and analyses to participating law	2239
enforcement agencies;	2240

(4) Encourage nonparticipating law enforcement agencies to	2241
participate in OIBRS by offering demonstrations, training, and	2242
technical assistance;	2243

(5) Provide assistance, advice, and reports requested by the	2244
governor, the general assembly, or the federal bureau of	2245
investigation;	2246

(6) Require every law enforcement agency that receives	2247
federal criminal justice grants or state criminal justice	2248
information system general revenue funds through the division to	2249
participate in OIBRS or in the uniform crime reporting program of	2250
the federal bureau of investigation. An agency that submits OIBRS	2251
data to the Ohio local law enforcement information sharing network	2252
shall be considered to be in compliance with division (C)(6) of	2253
this section if both of the following apply:	2254

(a) The Ohio local law enforcement information sharing	2255
network is capable of collecting OIBRS data.	2256

(b) The division of criminal justice services has the ability	2257
to extract the OIBRS data for reporting to the national	2258
incident-based reporting system in the manner required by the	2259
federal bureau of investigation.	2260

(D) Upon the request of the director of public safety or	2261
governor, the division of criminal justice services may do any of	2262
the following:	2263

(1) Collect, analyze, or correlate information and data	2264
concerning the juvenile justice system in the state;	2265

(2) Cooperate with and provide technical assistance to state	2266
departments, administrative planning districts, metropolitan	2267
county criminal justice service agencies, criminal justice	2268
coordinating councils, agency offices, and the departments of the	2269
juvenile justice system in the state and other appropriate	2270
organizations and persons;	2271

(3) Encourage and assist agencies, offices, and departments	2272
of the juvenile justice system in the state and other appropriate	2273
organizations and persons to solve problems that relate to the	2274
duties of the division.	2275

(E) Divisions (B), (C), and (D) of this section do not limit	2276
the discretion or authority of the attorney general with respect	2277
to crime victim assistance and criminal justice programs.	2278

(F) Nothing in this section is intended to diminish or alter	2279
the status of the office of the attorney general as a criminal	2280
justice services agency or to diminish or alter the status or	2281
discourage the development and use of other law enforcement	2282
information systems in Ohio.	2283

Sec. 5502.67. There is hereby created in the state treasury	2284
the justice program services fund. The fund shall consist of all	2285
money collected by the division of criminal justice services for	2286
nonfederal purposes, including subscription fees for participating	2287
in the Ohio incident-based reporting system under division (C) of	2288
section 5502.62 of the Revised Code, unless otherwise designated	2289
by law. The justice program services fund shall be used to pay	2290
costs of administering the operations of the division of criminal	2291
justice services.	2292

Sec. 5516.01.  As used in sections 5516.01 to 5516.14 of the	2293
Revised Code:	2294

(A) "Advertising device" includes any outdoor sign, display,	2295
device, figure, painting, drawing, message, placard, poster,	2296
billboard, or any other contrivance designed, intended, or used to	2297
advertise or to give information in the nature of advertising, or	2298
any part thereof, the advertising or informative contents of which	2299
are visible from the main traveled way of any highway on the	2300
interstate system or primary system in this state.	2301

(B) "Visible" means capable of being seen and comprehended	2302
without visual aid by a person traveling the posted speed limit on	2303
the main traveled way of the highway.	2304

(C) "Interstate system" means that portion of the interstate	2305
system, or the national highway system, located within this state,	2306
as designated by the director of transportation and approved by	2307
the secretary of transportation of the United States, pursuant to	2308
23 U.S.C.A. 103(b) and (e).	2309

(D) "Erect" means to construct or allow to be constructed,	2310
but it shall not include any activity when performed as an	2311
incident to the change of advertising message or normal	2312
maintenance of a sign or sign structure.	2313

(E) "Maintain" means to preserve, keep in repair, continue,	2314
allow to exist, or restore.	2315

(F) "National policy" means the provisions of 23 U.S.C.A. 131	2316
and the national standards, criteria, and rules promulgated	2317
pursuant to such provisions.	2318

(G) "Primary system" means that portion of the state highway	2319
system orthe federal-aid primary system in existence on June 1,	2320
1991, and any highway that is not on such system but that is on	2321
the national highway system located within this state as	2322
designated by the director and approved by the secretary of	2323
transportation of the United States, pursuant to 23 U.S.C.A.	2324
103(b).	2325

(H) "Zoned commercial or industrial areas" means those	2326
nonagricultural areas which are reserved for business, commerce,	2327
or trade, pursuant to local zoning laws, regulations, or state	2328
laws.	2329

(I) "Unzoned commercial or industrial area" means an area not	2330
zoned by state or local law, regulation, or ordinance, in which	2331
there is located one or more commercial or industrial activities.	2332
Such area may also include the lands along the highway for a	2333
distance of eight hundred fifty feet immediately adjacent to such	2334
activities. This distance shall be measured from the buildings,	2335
parking lots, storage or processing areas of the activities, and	2336
along or parallel to the near edge of the main traveled way of the	2337
highway. This distance shall not include land on the opposite side	2338
of the highway from such activities, nor land predominantly used	2339
for residential purposes. An area shall be considered	2340
predominately residential if fifty per cent or more of the eight	2341
hundred fifty feet immediately adjacent to the activities contains	2342
land used as residential property. Each side of the highway will	2343
be considered separately in applying this definition.	2344

(J) "Commercial or industrial activities" means those	2345
activities generally recognized as commercial or industrial by	2346
zoning authorities of this state. The following activities shall	2347
not be considered commercial or industrial:	2348

(1) Activities relating to advertising structures;

2349

(2) Agricultural, forestry, ranching, grazing, farming, and	2350
related activities, including, but not limited to, activities	2351
relating to wayside fresh produce stands;	2352

(3) Transient or temporary activities;

2353

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

2354

(5) Activities located more than six hundred sixty feet from	2355
the nearest edge of the right-of-way;	2356

(6) Activities conducted in a building principally used as a	2357
residence;	2358

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

2359

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

2360

(K) "Directional and official signs and notices" means those	2361
signs and notices that are required or authorized by law and	2362
conform to the rules for such signs and notices as adopted by the	2363
director in accordance with 23 C.F.R. 750.151 to 750.155.	2364

(L) "Nonconforming advertising device" means an advertising	2365
device that was:	2366

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

2367

(2) Lawfully on any highway made a part of the interstate	2368
system or primary highway system on or after December 7, 1971;	2369

(3) Lawfully erected prior to any revision in the law	2370
effective December 7, 1971; or	2371

(4) Lawfully erected but:

2372

(a) No longer in compliance with the provisions of state law	2373
enacted or rules adopted at a later date; or	2374

(b) No longer in compliance with state laws or rules due to	2375
changed conditions, including, but not limited to, zoning changes,	2376
highway relocation, highway reclassification, or changes in	2377
restrictions on sizing, lighting, spacing, or distance of	2378
advertising devices.	2379

Illegally erected or maintained advertising devices are not	2380
nonconforming signs.	2381

(M) "Scenic byway" means any linear transportation corridor	2382
as designated or as may hereafter be so designated by the director	2383
under the Ohio scenic byways program as having outstanding scenic	2384
qualities.	2385

(N) "Director" means the director of the Ohio department of	2386
transportation.	2387

(O) "Commercial or industrial zone" means those areas	2388
established by any state, county, municipal, or other local zoning	2389
authority as being most appropriate for business, commerce,	2390
industry, or trade. Any action taken by a state, county,	2391
municipal, or other local zoning authority that is not part of	2392
comprehensive zoning and is created primarily to permit outdoor	2393
advertising devices shall not be considered a commercial or	2394
industrial zone for purposes of this chapter.	2395

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

2396

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

2397

(2) A business, cooperative, corporation, enterprise, joint	2398
venture, limited liability company, partnership, sole	2399
proprietorship, or subsidiary, the viability of which is dependant	2400
on its relationship with the most recent holder of the advertising	2401
device permit;	2402

(3) Any person or entity that is closely related to or	2403
closely connected with the most recent holder of the advertising	2404
device permit.	2405

(Q) "Professional sports facility" means all or a portion of	2406
a stadium, arena, motorsports complex, or other facility,	2407
including all parking facilities, walkways, and other auxiliary	2408
facilities that may be used for or in connection with the sports	2409
facility or its operation, the primary purpose of which is to	2410
provide a site or venue for the presentation to the public of	2411
either of the following:	2412

(1) Events of one or more major or minor league professional	2413
athletic or sports teams that are associated with the state or	2414
with a city or region of the state;	2415

(2) Motorsports events.

2416

Sec. 5531.11.  (A) The director of transportation may enter	2417
into agreements and cooperate with the secretary of transportation	2418
or other appropriate official or agency of the United States as	2419
provided by the "Safe, Accountable, Flexible, Efficient	2420
Transportation Equity Act: A Legacy for Users," 119 Stat. 1144	2421
(2005), 23 U.S.C. 325 to 327, and the "National Environmental	2422
Policy Act of 1969," 83 Stat. 852, 42 U.S.C. 4321 et seq. Pursuant	2423
to such agreements, the director may perform environmental	2424
reviews, consult, make decisions, assume specified	2425
responsibilities of the secretary, and take other necessary	2426
actions required by the agreement and authorized under such	2427
federal laws. The director may adopt rules to implement and	2428
enforce this section. Any expenditure of money by the director in	2429
connection with agreements authorized by this section shall be	2430
payable from funds available to the director.	2431

(B) Notwithstanding Chapter 2743. of the Revised Code, in	2432
regard to actions of the department of transportation authorized	2433
by this section, the state hereby waives its immunity from civil	2434
liability and consents to be sued, and have its civil liability	2435
determined, in an appropriate federal court in accordance with the	2436
same rules of law applicable to suits against a federal agency.	2437
This division applies only to actions of the department authorized	2438
by this section and by 23 U.S.C. 325 to 327.	2439

Sec. 5537.16.  (A) The Ohio turnpike commission may adopt	2440
such bylaws and rules as it considers advisable for the control	2441
and regulation of traffic on any turnpike project, for the	2442
protection and preservation of property under its jurisdiction and	2443
control, and for the maintenance and preservation of good order	2444
within the property under its control. The rules of the commission	2445
with respect to the speed, use of special engine brakes, axle	2446
loads, vehicle loads, and vehicle dimensions of vehicles on	2447
turnpike projects, including the issuance of a special permit by	2448
the commission to allow the operation on any turnpike project of a	2449
motor vehicle transporting two or fewer steel coils, shall apply	2450
notwithstanding sections 4511.21 to 4511.24, 4513.34, and Chapter	2451
5577. of the Revised Code. Such bylaws and rules shall be	2452
published in a newspaper of general circulation in Franklin	2453
county, and in such other manner as the commission prescribes.	2454

(B) Such rules shall provide that public police officers	2455
shall be afforded ready access, while in the performance of their	2456
official duty, to all property under the jurisdiction of the	2457
commission and without the payment of tolls.	2458

(C) No person shall violate any such bylaws or rules of the	2459
commission. All fines collected for the violation of applicable	2460
laws of the state and the bylaws and rules of the commission or	2461
moneys arising from bonds forfeited for such violation shall be	2462
disposed of in accordance with section 5503.04 of the Revised	2463
Code.	2464

Sec. 5537.31.  The Ohio turnpike commission shall establish a	2465
procedure by which to receive and investigate complaints of noise,	2466
standing water, water run-off, or any other problem from land	2467
owners whose property is contiguous to any section of the Ohio	2468
turnpike system. If the commission finds that the problem is	2469
caused by that turnpike project, it shall make repairs or take	2470
whatever other action is necessary to resolve the problem.	2471

Costs incurred by the commission in fulfilling its duties	2472
under this section shall be paid from money in the community	2473
resolution fund created in section 5537.32 of the Revised Code.	2474

Sec. 5537.32.  There is hereby created the community	2475
resolution fund, which shall be in the custody of the treasurer of	2476
state but shall not be part of the state treasury. The fund shall	2477
consist of all money appropriated or transferred to the fund.	2478
Money in the fund shall be used by the Ohio turnpike commission	2479
for payment of the costs incurred by the commission in fulfilling	2480
its duties under section 5537.31 of the Revised Code.	2481

The treasurer of state shall invest any portion of the fund	2482
not needed for immediate use in the same manner as, and subject to	2483
all provisions of law with respect to the investment of, state	2484
funds. All investment earnings of the fund shall be credited to	2485
the fund.	2486

Sec. 5577.05. (A) No vehicle shall be operated upon the	2487
public highways, streets, bridges, and culverts within the state,	2488
whose dimensions exceed those specified in this section.	2489

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

2490

(1) One hundred four inches for passenger bus type vehicles	2491
operated exclusively within municipal corporations;	2492

(2) One hundred two inches, excluding such safety devices as	2493
are required by law, for passenger bus type vehicles operated over	2494
freeways, and such other state roads with minimum pavement widths	2495
of twenty-two feet, except those roads or portions thereof over	2496
which operation of one hundred two-inch buses is prohibited by	2497
order of the director of transportation;	2498

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

2499

(4) One hundred two inches for recreational vehicles,	2500
excluding safety devices and retracted awnings and other	2501
appurtenances of six inches or less in width and except that the	2502
director may prohibit the operation of one hundred two inch	2503
recreational vehicles on designated state highways or portions of	2504
highways;	2505

(5) One hundred two inches, including load, for all other	2506
vehicles, except that the director may prohibit the operation of	2507
one hundred two-inch vehicles on such state highways or portions	2508
thereof as the director designates.	2509

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

2510

(1) Sixty-six feet for passenger bus type vehicles and	2511
articulated passenger bus type vehicles operated by a regional	2512
transit authority pursuant to sections 306.30 to 306.54 of the	2513
Revised Code;	2514

(2) Forty-five feet for all other passenger bus type	2515
vehicles;	2516

(3) Fifty-three feet for any semitrailer when operated in a	2517
commercial tractor-semitrailer combination, with or without load,	2518
except that the director may prohibit the operation of any such	2519
commercial tractor-semitrailer combination on such state highways	2520
or portions thereof as the director designates.	2521

(4) Twenty-eight and one-half feet for any semitrailer or	2522
trailer when operated in a commercial tractor-semitrailer-trailer	2523
or commercial tractor-semitrailer-semitrailer combination, except	2524
that the director may prohibit the operation of any such	2525
commercial tractor-semitrailer-trailer or commercial	2526
tractor-semitrailer-semitrailer combination on such state highways	2527
or portions thereof as the director designates;	2528

(5)(a) Ninety-seven feet for drive-away saddlemount vehicle	2529
transporter combinations and drive-away saddlemount with fullmount	2530
vehicle transporter combinations when operated on any interstate,	2531
United States route, or state route, including reasonable access	2532
travel on all other roadways for a distance not to exceed one road	2533
mile from any interstate, United States route, or state route, not	2534
to exceed three saddlemounted vehicles, but which may include one	2535
fullmount;	2536

(b) Seventy-five feet for drive-away saddlemount vehicle	2537
transporter combinations and drive-away saddlemount with fullmount	2538
vehicle transporter combinations, when operated on any roadway not	2539
designated as an interstate, United States route, or state route,	2540
not to exceed three saddlemounted vehicles, but which may include	2541
one fullmount.;	2542

(6) Sixty-five feet for any other combination of vehicles	2543
coupled together, with or without load, except as provided in	2544
divisions (C)(3) and (4), and in division (E) of this section;	2545

(7) Forty-five feet for recreational vehicles;

2546

(8) Forty feet for all other vehicles except trailers and	2547
semitrailers, with or without load.	2548

(D) No such vehicle shall have a height in excess of thirteen	2549
feet six inches, with or without load.	2550

(E) An automobile transporter or boat transporter shall be	2551
allowed a length of sixty-five feet and a stinger-steered	2552
automobile transporter or stinger-steered boat transporter shall	2553
be allowed a length of seventy-five feet, except that the load	2554
thereon may extend no more than four feet beyond the rear of such	2555
vehicles and may extend no more than three feet beyond the front	2556
of such vehicles, and except further that the director may	2557
prohibit the operation of a stinger-steered automobile	2558
transporter, stinger-steered boat transporter, or a B-train	2559
assembly on any state highway or portion thereof that the director	2560
designates.	2561

(F) The widths prescribed in division (B) of this section	2562
shall not include side mirrors, turn signal lamps, marker lamps,	2563
handholds for cab entry and egress, flexible fender extensions,	2564
mud flaps, splash and spray suppressant devices, and load-induced	2565
tire bulge.	2566

The width prescribed in division (B)(5) of this section shall	2567
not include automatic covering devices, tarp and tarp hardware,	2568
and tiedown assemblies, provided these safety devices do not	2569
extend more than three inches from each side of the vehicle.	2570

The lengths prescribed in divisions (C)(2) to (7)(8) of this	2571
section shall not include safety devices, bumpers attached to the	2572
front or rear of such bus or combination, B-train assembly used	2573
between the first and second semitrailer of a commercial	2574
tractor-semitrailer-semitrailer combination, energy conservation	2575
devices as provided in any regulations adopted by the secretary of	2576
the United States department of transportation, or any	2577
noncargo-carrying refrigeration equipment attached to the front of	2578
trailers and semitrailers. In special cases, vehicles whose	2579
dimensions exceed those prescribed by this section may operate in	2580
accordance with rules adopted by the director.	2581

(G) This section does not apply to fire engines, fire trucks,	2582
or other vehicles or apparatus belonging to any municipal	2583
corporation or to the volunteer fire department of any municipal	2584
corporation or used by such department in the discharge of its	2585
functions. This section does not apply to vehicles and pole	2586
trailers used in the transportation of wooden and metal poles, nor	2587
to the transportation of pipes or well-drilling equipment, nor to	2588
farm machinery and equipment. The owner or operator of any	2589
vehicle, machinery, or equipment not specifically enumerated in	2590
this section but the dimensions of which exceed the dimensions	2591
provided by this section, when operating the same on the highways	2592
and streets of this state, shall comply with the rules of the	2593
director governing such movement, which the director may adopt.	2594
Sections 119.01 to 119.13 of the Revised Code apply to any rules	2595
the director adopts under this section, or the amendment or	2596
rescission thereof, and any person adversely affected shall have	2597
the same right of appeal as provided in those sections.	2598

This section does not require the state, a municipal	2599
corporation, county, township, or any railroad or other private	2600
corporation to provide sufficient vertical clearance to permit the	2601
operation of such vehicle, or to make any changes in or about	2602
existing structures now crossing streets, roads, and other public	2603
thoroughfares in this state.	2604

(H) As used in this section, "recreational vehicle" has the	2605
same meaning as in section 4501.01 of the Revised Code.	2606

Sec. 5591.02. Except as provided in section 5501.49 of the	2607
Revised Code, theThe board of county commissioners shall	2608
construct and keep in repair all necessary bridges in municipal	2609
corporations on all state and county roads and improved roads	2610
whichthat are of general and public utility, running into or	2611
through the municipal corporations, and that are not on state	2612
highways.	2613

Sec. 5735.05.  (A) To provide revenue for maintaining the	2614
state highway system; to widen existing surfaces on such highways;	2615
to resurface such highways; to pay that portion of the	2616
construction cost of a highway project which a county, township,	2617
or municipal corporation normally would be required to pay, but	2618
which the director of transportation, pursuant to division (B) of	2619
section 5531.08 of the Revised Code, determines instead will be	2620
paid from moneys in the highway operating fund; to enable the	2621
counties of the state properly to plan, maintain, and repair their	2622
roads and to pay principal, interest, and charges on bonds and	2623
other obligations issued pursuant to Chapter 133. of the Revised	2624
Code or incurred pursuant to section 5531.09 of the Revised Code	2625
for highway improvements; to enable the municipal corporations to	2626
plan, construct, reconstruct, repave, widen, maintain, repair,	2627
clear, and clean public highways, roads, and streets, and to pay	2628
the principal, interest, and charges on bonds and other	2629
obligations issued pursuant to Chapter 133. of the Revised Code or	2630
incurred pursuant to section 5531.09 of the Revised Code for	2631
highway improvements; to enable the Ohio turnpike commission to	2632
construct, reconstruct, maintain, and repair turnpike projects; to	2633
maintain and repair bridges and viaducts; to purchase, erect, and	2634
maintain street and traffic signs and markers; to purchase, erect,	2635
and maintain traffic lights and signals; to pay the costs	2636
apportioned to the public under sections 4907.47 and 4907.471 of	2637
the Revised Code and to supplement revenue already available for	2638
such purposes; to pay the costs incurred by the public utilities	2639
commission in administering sections 4907.47 to 4907.476 of the	2640
Revised Code; to distribute equitably among those persons using	2641
the privilege of driving motor vehicles upon such highways and	2642
streets the cost of maintaining and repairing them; to pay the	2643
interest, principal, and charges on highway capital improvements	2644
bonds and other obligations issued pursuant to Section 2m of	2645
Article VIII, Ohio Constitution, and section 151.06 of the Revised	2646
Code; to pay the interest, principal, and charges on highway	2647
obligations issued pursuant to Section 2i of Article VIII, Ohio	2648
Constitution, and sections 5528.30 and 5528.31 of the Revised	2649
Code; to pay the interest, principal, and charges on major new	2650
state infrastructure bonds and other obligations of the state	2651
issued pursuant to Section 13 of Article VIII, Ohio Constitution,	2652
and section 5531.10 of the Revised Code; to provide revenue for	2653
the purposes of sections 1547.71 to 1547.78 of the Revised Code;	2654
and to pay the expenses of the department of taxation incident to	2655
the administration of the motor fuel laws, a motor fuel excise tax	2656
is hereby imposed on all motor fuel dealers upon receipt of motor	2657
fuel within this state at the rate of two cents plus the cents per	2658
gallon rate on each gallon so received, to be computed in the	2659
manner set forth in section 5735.06 of the Revised Code; provided	2660
that no tax is hereby imposed upon the following transactions:	2661

(1) The sale of dyed diesel fuel by a licensed motor fuel	2662
dealer from a location other than a retail service station	2663
provided the licensed motor fuel dealer places on the face of the	2664
delivery document or invoice, or both if both are used, a	2665
conspicuous notice stating that the fuel is dyed and is not for	2666
taxable use, and that taxable use of that fuel is subject to a	2667
penalty. The tax commissioner, by rule, may provide that any	2668
notice conforming to rules or regulations issued by the United	2669
States department of the treasury or the Internal Revenue Service	2670
is sufficient notice for the purposes of division (A)(1) of this	2671
section.	2672

(2) The sale of K-1 kerosene to a retail service station,	2673
except when placed directly in the fuel supply tank of a motor	2674
vehicle. Such sale shall be rebuttably presumed to not be	2675
distributed or sold for use or used to generate power for the	2676
operation of motor vehicles upon the public highways or upon the	2677
waters within the boundaries of this state.	2678

(3) The sale of motor fuel by a licensed motor fuel dealer to	2679
another licensed motor fuel dealer;	2680

(4) The exportation of motor fuel by a licensed motor fuel	2681
dealer from this state to any other state or foreign country;	2682

(5) The sale of motor fuel to the United States government or	2683
any of its agencies, except such tax as is permitted by it, where	2684
such sale is evidenced by an exemption certificate, in a form	2685
approved by the tax commissioner, executed by the United States	2686
government or an agency thereof certifying that the motor fuel	2687
therein identified has been purchased for the exclusive use of the	2688
United States government or its agency;	2689

(6) The sale of motor fuel that is in the process of	2690
transportation in foreign or interstate commerce, except insofar	2691
as it may be taxable under the Constitution and statutes of the	2692
United States, and except as may be agreed upon in writing by the	2693
dealer and the commissioner;	2694

(7) The sale of motor fuel when sold exclusively for use in	2695
the operation of aircraft, where such sale is evidenced by an	2696
exemption certificate prescribed by the commissioner and executed	2697
by the purchaser certifying that the motor fuel purchased has been	2698
purchased for exclusive use in the operation of aircraft;	2699

(8) The sale for exportation of motor fuel by a licensed	2700
motor fuel dealer to a licensed exporter type A;	2701

(9) The sale for exportation of motor fuel by a licensed	2702
motor fuel dealer to a licensed exporter type B, provided that the	2703
destination state motor fuel tax has been paid or will be accrued	2704
and paid by the licensed motor fuel dealer.	2705

(10) The sale to a consumer of diesel fuel, by a motor fuel	2706
dealer for delivery from a bulk lot vehicle, for consumption in	2707
operating a vessel when the use of such fuel in a vessel would	2708
otherwise qualify for a refund under section 5735.14 of the	2709
Revised Code.	2710

Division (A)(1) of this section does not apply to the sale or	2711
distribution of dyed diesel fuel used to operate a motor vehicle	2712
on the public highways or upon water within the boundaries of this	2713
state by persons permitted under regulations of the United States	2714
department of the treasury or of the Internal Revenue Service to	2715
so use dyed diesel fuel.	2716

(B) The two cent motor fuel tax levied by this section is	2717
also for the purpose of paying the expenses of administering and	2718
enforcing the state law relating to the registration and operation	2719
of motor vehicles.	2720

(C) After the tax provided for by this section on the receipt	2721
of any motor fuel has been paid by the motor fuel dealer, the	2722
motor fuel may thereafter be used, sold, or resold by any person	2723
having lawful title to it, without incurring liability for such	2724
tax.	2725

If a licensed motor fuel dealer sells motor fuel received by	2726
the licensed motor fuel dealer to another licensed motor fuel	2727
dealer, the seller may deduct on the report required by section	2728
5735.06 of the Revised Code the number of gallons so sold for the	2729
month within which the motor fuel was sold or delivered. In this	2730
event the number of gallons is deemed to have been received by the	2731
purchaser, who shall report and pay the tax imposed thereon.	2732

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

2733

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

2734

(2) "CAT collected" means, with regard to a CAT test period,	2735
the net amount of CAT, exclusive of registration fees, received in	2736
the period after subtracting any CAT refunded in the period and	2737
after subtracting the amount certified to the director of budget	2738
and management under division (B) of section 5751.20 of the	2739
Revised Code for collections during the test period.	2740

(3) "First CAT test period" means the twenty-four month	2741
period beginning July 1, 2005, and ending June 30, 2007.	2742

(4) "Second CAT test period" means the twelve-month period	2743
beginning July 1, 2008, and ending June 30, 2009.	2744

(5) "Third CAT test period" means the twelve-month period	2745
beginning July 1, 2010, and ending June 30, 2011.	2746

(B) Not later than the last day of September immediately	2747
following the end of each CAT test period, the tax commissioner	2748
shall compute the amount of CAT collected during that test period.	2749
If the amount is less than ninety per cent or greater than one	2750
hundred ten per cent of the prescribed CAT collections for that	2751
period, the commissioner shall proceed as provided in division (C)	2752
or (D) of this section, as applicable. For the purposes of	2753
division (B) of this section, the prescribed CAT collections for	2754
the CAT test periods are as follows:	2755

(1) For the first CAT test period, eight hundred fifteen	2756
million dollars;	2757

(2) For the second CAT test period, one billion one hundred	2758
ninety million dollars less any amount credited to the commercial	2759
activity tax reduction fund with regard to the first CAT test	2760
period;	2761

(3) For the third CAT test period, one billion six hundred	2762
ten million dollars less any amount credited to the commercial	2763
activity tax reduction fund with regard to the second CAT test	2764
period.	2765

(C)(1) If the amount of CAT collected during a CAT test	2766
period is less than ninety per cent of the prescribed CAT	2767
collections for that test period, the tax commissioner shall	2768
determine a new tax rate equal to the tax rate that would have	2769
yielded the prescribed CAT collections during that test period.	2770
The tax rate shall be the rate that would have to be imposed under	2771
division (A) of section 5751.03 of the Revised Code before any	2772
applicable phase-in percentages under section 5751.031 of the	2773
Revised Code or otherwise provided by law to yield the prescribed	2774
CAT collection after applying any applicable phase-in percentages.	2775

(2) If the amount of CAT collected during a CAT test period	2776
exceeds one hundred ten per cent of the prescribed CAT collections	2777
for that test period, the tax commissioner shall determine a new	2778
tax rate equal to the tax rate that would have yielded the	2779
prescribed CAT collections during that test period less one-half	2780
of the amount of the excess that was certified to the director of	2781
budget and management for the test period under division (D) of	2782
this section. The tax rate shall be the rate that would have to be	2783
imposed under division (A) of section 5751.03 of the Revised Code	2784
before any applicable phase-in percentages under section 5751.031	2785
of the Revised Code or otherwise provided by law to yield the	2786
prescribed CAT collection after applying any applicable phase-in	2787
percentages.	2788

(3) A new tax rate computed under division (C)(1) or (2) of	2789
this section shall be expressed as a number of mills per dollar,	2790
rounded to the nearest one-hundredth of one mill. The rate shall	2791
be rounded upward by one-hundredth of one mill only if the next	2792
decimal digit is five or more.	2793

(4) Not later than the last day of September following the	2794
end of the CAT test period on the basis of which a new tax rate is	2795
computed, the tax commissioner shall certify the new tax rate to	2796
the governor, the president of the senate, the speaker of the	2797
house of representatives, and all other members of the general	2798
assembly. The commissioner shall publish the new tax rate by	2799
journal entry and provide notice of the new tax rate to taxpayers.	2800
The new tax rate shall be the rate imposed under division (A) of	2801
section 5751.03 of the Revised Code beginning with the ensuing	2802
calendar year, and is subject to any applicable phase-in	2803
percentages provided for under section 5751.031 of the Revised	2804
Code.	2805

(D) If the amount of CAT collected during a CAT test period	2806
exceeds one hundred ten per cent of the prescribed CAT collections	2807
for that test period, the tax commissioner shall certify the	2808
excess amount to the director of budget and management not later	2809
than the last day of September immediately following the end of	2810
that test period. The director shall forthwith transfer from the	2811
general revenue fund one-half of the amount of the excess so	2812
certified to the commercial activity tax refund fund, which is	2813
hereby created in the state treasury, and the remaining one-half	2814
of the amount of the excess to the budget stabilization fund. All	2815
money credited to the commercial activity tax refund fund shall be	2816
applied to reimburse the general revenue fund, school district	2817
tangible property tax replacement fund, and local government	2818
tangible property tax replacement fund for the diminution in	2819
revenue caused by the credit provided under division (D) of	2820
section 5751.03 of the Revised Code. On or before the last day of	2821
May, August, and October of the calendar year that begins after	2822
the end of the test period, and on or before the last day of	2823
February of the following calendar year, the director of budget	2824
and management shall transfer one-fourth of the amount that had	2825
been transferred to the commercial activity tax refund fund to	2826
each of those funds in the proportions specified under division	2827
(B) of section 5751.21 of the Revised Code.	2828

In the calendar year that begins immediately after the year	2829
in which a transfer is made to the commercial activity tax refund	2830
fund, the tax commissioner shall compute the amount to be	2831
credited, under division (D) of section 5751.03 of the Revised	2832
Code, to each taxpayer that paid in full the tax imposed under	2833
this chapter for the calendar year in which the transfer was made.	2834
The credit allowed to each such taxpayer shall equal the amount	2835
transferred to the commercial activity tax refund fund multiplied	2836
by a fraction, the numerator of which is the amount of tax paid by	2837
that taxpayer for that calendar year and the denominator of which	2838
is the total of the taxes paid by all such taxpayers for which the	2839
credit is allowed. The credit applies only to the calendar year	2840
that begins immediately after the year in which a transfer is made	2841
to the commercial activity tax refund fund under this division.	2842

(E) It is the intent of the General Assembly to conduct a	2843
review of the prescribed CAT collections and rate adjustments	2844
provided for under divisions (A) to (D) of this section every two	2845
years in conjunction with its biennial budget deliberations, and	2846
to establish lower prescribed CAT collections or reduce the rate	2847
of tax levied under this chapter on the basis of the following	2848
three factors:	2849

(1) The revenue yield of the tax;

2850

(2) The condition of the Ohio economy;

2851

(3) Savings realized by ongoing reform to medicaid and other	2852
policy initiatives.	2853

Sec. 5751.20.  (A) As used in sections 5751.20 to 5751.22 of	2854
the Revised Code:	2855

(1) "School district," "joint vocational school district,"	2856
"local taxing unit," "state education aid," "recognized	2857
valuation," "fixed-rate levy," and "fixed-sum levy" have the same	2858
meanings as used in section 5727.84 of the Revised Code.	2859

(2) "State education aid offset" means the amount determined	2860
for each school district or joint vocational school district under	2861
division (A)(1) of section 5751.21 of the Revised Code.	2862

(3) "Machinery and equipment property tax value loss" means	2863
the amount determined under division (C)(1) of this section.	2864

(4) "Inventory property tax value loss" means the amount	2865
determined under division (C)(2) of this section.	2866

(5) "Furniture and fixtures property tax value loss" means	2867
the amount determined under division (C)(3) of this section.	2868

(6) "Machinery and equipment fixed-rate levy loss" means the	2869
amount determined under division (D)(1) of this section.	2870

(7) "Inventory fixed-rate levy loss" means the amount	2871
determined under division (D)(2) of this section.	2872

(8) "Furniture and fixtures fixed-rate levy loss" means the	2873
amount determined under division (D)(3) of this section.	2874

(9) "Total fixed-rate levy loss" means the sum of the	2875
machinery and equipment fixed-rate levy loss, the inventory	2876
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	2877
loss, and the telephone company fixed-rate levy loss.	2878

(10) "Fixed-sum levy loss" means the amount determined under	2879
division (E) of this section.	2880

(11) "Machinery and equipment" means personal property	2881
subject to the assessment rate specified in division (F) of	2882
section 5711.22 of the Revised Code.	2883

(12) "Inventory" means personal property subject to the	2884
assessment rate specified in division (E) of section 5711.22 of	2885
the Revised Code.	2886

(13) "Furniture and fixtures" means personal property subject	2887
to the assessment rate specified in division (G) of section	2888
5711.22 of the Revised Code.	2889

(14) "Qualifying levies" are levies in effect for tax year	2890
2004 or applicable to tax year 2005 or approved at an election	2891
conducted before September 1, 2005. For the purpose of determining	2892
the rate of a qualifying levy authorized by section 5705.212 or	2893
5705.213 of the Revised Code, the rate shall be the rate that	2894
would be in effect for tax year 2010.	2895

(15) "Telephone property" means tangible personal property of	2896
a telephone, telegraph, or interexchange telecommunications	2897
company subject to an assessment rate specified in section	2898
5727.111 of the Revised Code in tax year 2004.	2899

(16) "Telephone property tax value loss" means the amount	2900
determined under division (C)(4) of this section.	2901

(17) "Telephone property fixed-rate levy loss" means the	2902
amount determined under division (D)(4) of this section.	2903

(B) The commercial activities tax receipts fund is hereby	2904
created in the state treasury and shall consist of money arising	2905
from the tax imposed under this chapter. All money in thatEach	2906
month, the tax commissioner shall determine the amount of revenue,	2907
if any, arising from imposition of a tax levied on the basis of	2908
taxable gross receipts from the sale, exchange, or other transfer	2909
of motor fuel as defined in section 5735.01 of the Revised Code,	2910
and shall certify that amount to the director of budget and	2911
management. Within ten days after receiving the certification, the	2912
director shall transfer the amount of revenue certified from the	2913
commercial activities tax receipts fund to the economic	2914
development and highway construction fund, which is hereby created	2915
in the state treasury. Money in the economic development and	2916
highway construction fund shall be appropriated and expended	2917
pursuant to Ohio Constitution, Article XII, Section 5a, solely for	2918
the purpose of constructing and maintaining the state's highway	2919
infrastructure and thereby promoting economic development	2920
throughout the state. After the monthly transfer to the economic	2921
development and highway construction fund, all money remaining in	2922
the commercial activities tax receipts fund shall be credited for	2923
each fiscal year in the following percentages to the general	2924
revenue fund, to the school district tangible property tax	2925
replacement fund, which is hereby created in the state treasury	2926
for the purpose of making the payments described in section	2927
5751.21 of the Revised Code, and to the local government tangible	2928
property tax replacement fund, which is hereby created in the	2929
state treasury for the purpose of making the payments described in	2930
section 5751.22 of the Revised Code, in the following percentages:	2931

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund		2932
2006	67.7%	22.6%	9.7%		2933
2007	0%	70.0%	30.0%		2934
2008	0%	70.0%	30.0%		2935
2009	0%	70.0%	30.0%		2936
2010	0%	70.0%	30.0%		2937
2011	0%	70.0%	30.0%		2938
2012	5.3%	70.0%	24.7%		2939
2013	19.4%	70.0%	10.6%		2940
2014	14.1%	70.0%	15.9%		2941
2015	17.6%	70.0%	12.4%		2942
2016	21.1%	70.0%	8.9%		2943
2017	24.6%	70.0%	5.4%		2944
2018	28.1%	70.0%	1.9%		2945
2019 and thereafter	100%	0%	0%		2946

(C) Not later than September 15, 2005, the tax commissioner	2947
shall determine for each school district, joint vocational school	2948
district, and local taxing unit its machinery and equipment,	2949
inventory property, furniture and fixtures property, and telephone	2950
property tax value losses, which are the applicable amounts	2951
described in divisions (C)(1), (2), (3), and (4) of this section,	2952
except as provided in division (C)(5) of this section:	2953

(1) Machinery and equipment property tax value loss is the	2954
taxable value of machinery and equipment property as reported by	2955
taxpayers for tax year 2004 multiplied by:	2956

(a) For tax year 2006, thirty-three and eight-tenths per	2957
cent;	2958

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

2959

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

2960

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

2961

(2) Inventory property tax value loss is the taxable value of	2962
inventory property as reported by taxpayers for tax year 2004	2963
multiplied by:	2964

(a) For tax year 2006, a fraction, the numerator of which is	2965
five and three-fourths and the denominator of which is	2966
twenty-three;	2967

(b) For tax year 2007, a fraction, the numerator of which is	2968
nine and one-half and the denominator of which is twenty-three;	2969

(c) For tax year 2008, a fraction, the numerator of which is	2970
thirteen and one-fourth and the denominator of which is	2971
twenty-three;	2972

(d) For tax year 2009 and thereafter a fraction, the	2973
numerator of which is seventeen and the denominator of which is	2974
twenty-three.	2975

(3) Furniture and fixtures property tax value loss is the	2976
taxable value of furniture and fixture property as reported by	2977
taxpayers for tax year 2004 multiplied by:	2978

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

2979

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

2980

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

2981

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

2982

The taxable value of property reported by taxpayers used in	2983
divisions (C)(1), (2), and (3) of this section shall be such	2984
values as determined to be final by the tax commissioner as of	2985
August 31, 2005. Such determinations shall be final except for any	2986
correction of a clerical error that was made prior to August 31,	2987
2005, by the tax commissioner.	2988

(4) Telephone property tax value loss is the taxable value of	2989
telephone property as taxpayers would have reported that property	2990
for tax year 2004 if the assessment rate for all telephone	2991
property for that year were twenty-five per cent, multiplied by:	2992

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

2993

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

2994

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

2995

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

2996

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

2997

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

2998

(5) Division (C)(5) of this section applies to any school	2999
district, joint vocational school district, or local taxing unit	3000
in a county in which is located a facility currently or formerly	3001
devoted to the enrichment or commercialization of uranium or	3002
uranium products, and for which the total taxable value of	3003
property listed on the general tax list of personal property for	3004
any tax year from tax year 2001 to tax year 2004 was fifty per	3005
cent or less of the taxable value of such property listed on the	3006
general tax list of personal property for the next preceding tax	3007
year.	3008

In computing the fixed-rate levy losses under divisions	3009
(D)(1), (2), and (3) of this section for any school district,	3010
joint vocational school district, or local taxing unit to which	3011
division (C)(5) of this section applies, the taxable value of such	3012
property as listed on the general tax list of personal property	3013
for tax year 2000 shall be substituted for the taxable value of	3014
such property as reported by taxpayers for tax year 2004, in the	3015
taxing district containing the uranium facility, if the taxable	3016
value listed for tax year 2000 is greater than the taxable value	3017
reported by taxpayers for tax year 2004. For the purpose of making	3018
the computations under divisions (D)(1), (2), and (3) of this	3019
section, the tax year 2000 valuation is to be allocated to	3020
machinery and equipment, inventory, and furniture and fixtures	3021
property in the same proportions as the tax year 2004 values. For	3022
the purpose of the calculations in division (A) of section 5751.21	3023
of the Revised Code, the tax year 2004 taxable values shall be	3024
used.	3025

To facilitate the calculations required under division (C) of	3026
this section, the county auditor, upon request from the tax	3027
commissioner, shall provide by August 1, 2005, the values of	3028
machinery and equipment, inventory, and furniture and fixtures for	3029
all single-county personal property taxpayers for tax year 2004.	3030

(D) Not later than September 15, 2005, the tax commissioner	3031
shall determine for each tax year from 2006 through 2009 for each	3032
school district, joint vocational school district, and local	3033
taxing unit its machinery and equipment, inventory, and furniture	3034
and fixtures fixed-rate levy losses, and for each tax year from	3035
2006 through 2011 its telephone property fixed-rate levy loss,	3036
which are the applicable amounts described in divisions (D)(1),	3037
(2), (3), and (4) of this section:	3038

(1) The machinery and equipment fixed-rate levy loss is the	3039
machinery and equipment property tax value loss multiplied by the	3040
sum of the tax rates of fixed-rate qualifying levies.	3041

(2) The inventory fixed-rate loss is the inventory property	3042
tax value loss multiplied by the sum of the tax rates of	3043
fixed-rate qualifying levies.	3044

(3) The furniture and fixtures fixed-rate levy loss is the	3045
furniture and fixture property tax value loss multiplied by the	3046
sum of the tax rates of fixed-rate qualifying levies.	3047

(4) The telephone property fixed-rate levy loss is the	3048
telephone property tax value loss multiplied by the sum of the tax	3049
rates of fixed-rate qualifying levies.	3050

(E) Not later than September 15, 2005, the tax commissioner	3051
shall determine for each school district, joint vocational school	3052
district, and local taxing unit its fixed-sum levy loss. The	3053
fixed-sum levy loss is the amount obtained by subtracting the	3054
amount described in division (E)(2) of this section from the	3055
amount described in division (E)(1) of this section:	3056

(1) The sum of the machinery and equipment property tax value	3057
loss, the inventory property tax value loss, and the furniture and	3058
fixtures property tax value loss, and, for 2008 through 2017 the	3059
telephone property tax value loss of the district or unit	3060
multiplied by the sum of the fixed-sum tax rates of qualifying	3061
levies. For 2006 through 2010, this computation shall include all	3062
qualifying levies remaining in effect for the current tax year and	3063
any school district emergency levies that are qualifying levies	3064
not remaining in effect for the current year. For 2011 through	3065
2017, this computation shall include only qualifying levies	3066
remaining in effect for the current year. For purposes of this	3067
computation, a qualifying school district emergency levy remains	3068
in effect in a year after 2010 only if, for that year, the board	3069
of education levies a school district emergency levy for an annual	3070
sum at least equal to the annual sum levied by the board in tax	3071
year 2004 less the amount of the payment certified under this	3072
division for 2006.	3073

(2) The total taxable value in tax year 2004 less the sum of	3074
the machinery and equipment, inventory, furniture and fixtures,	3075
and telephone property tax value losses in each school district,	3076
joint vocational school district, and local taxing unit multiplied	3077
by one-half of one mill per dollar.	3078

(3) For the calculations in divisions (E)(1) and (2) of this	3079
section, the tax value losses are those that would be calculated	3080
for tax year 2009 under divisions (C)(1), (2), and (3) of this	3081
section and for tax year 2011 under division (C)(4) of this	3082
section.	3083

(4) To facilitate the calculation under divisions (D) and (E)	3084
of this section, not later than September 1, 2005, any school	3085
district, joint vocational school district, or local taxing unit	3086
that has a qualifying levy that was approved at an election	3087
conducted during 2005 before September 1, 2005, shall certify to	3088
the tax commissioner a copy of the county auditor's certificate of	3089
estimated property tax millage for such levy as required under	3090
division (B) of section 5705.03 of the Revised Code, which is the	3091
rate that shall be used in the calculations under such divisions.	3092

If the amount determined under division (E) of this section	3093
for any school district, joint vocational school district, or	3094
local taxing unit is greater than zero, that amount shall equal	3095
the reimbursement to be paid pursuant to division (D) of section	3096
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	3097
and the one-half of one mill that is subtracted under division	3098
(E)(2) of this section shall be apportioned among all contributing	3099
fixed-sum levies in the proportion that each levy bears to the sum	3100
of all fixed-sum levies within each school district, joint	3101
vocational school district, or local taxing unit.	3102

(F) Not later than October 1, 2005, the tax commissioner	3103
shall certify to the department of education for every school	3104
district and joint vocational school district the machinery and	3105
equipment, inventory, furniture and fixtures, and telephone	3106
property tax value losses determined under division (C) of this	3107
section, the machinery and equipment, inventory, furniture and	3108
fixtures, and telephone fixed-rate levy losses determined under	3109
division (D) of this section, and the fixed-sum levy losses	3110
calculated under division (E) of this section. The calculations	3111
under divisions (D) and (E) of this section shall separately	3112
display the levy loss for each levy eligible for reimbursement.	3113

(G) Not later than October 1, 2005, the tax commissioner	3114
shall certify the amount of the fixed-sum levy losses to the	3115
county auditor of each county in which a school district, joint	3116
vocational school district, or local taxing unit with a fixed-sum	3117
levy loss reimbursement has territory.	3118

Section 101.02. That existing sections 737.04, 737.041,	3119
3314.091, 3327.10, 3705.242, 4503.10, 4503.44, 4505.09, 4511.101,	3120
4511.21, 4519.59, 4561.18, 5501.31, 5501.49, 5502.03, 5502.62,	3121
5516.01, 5537.16, 5577.05, 5591.02, 5735.05, 5751.032, and 5751.20	3122
of the Revised Code are hereby repealed.	3123

Section 201.10.  Except as otherwise provided, all	3124
appropriation items in this act are hereby appropriated out of any	3125
moneys in the state treasury to the credit of the designated fund,	3126
which are not otherwise appropriated. For all appropriations made	3127
in this act, the amounts in the first column are for fiscal year	3128
2008 and the amounts in the second column are for fiscal year	3129
2009.	3130

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

3131

FUND

TITLE

FY 2008

FY 2009

3132

Transportation Planning and Research

3133

Highway Operating Fund Group

3134

002	771-411		Planning and Research - State		$	20,724,547		$	21,733,301		3135
002	771-412		Planning and Research - Federal		$	29,996,363		$	30,264,923		3136
TOTAL HOF Highway Operating											3137
Fund Group					$	50,720,910		$	51,998,224		3138
TOTAL ALL BUDGET FUND GROUPS -											3139
Transportation Planning											3140
and Research					$	50,720,910		$	51,998,224		3141

Highway Construction

3142

Highway Operating Fund Group

3143

002	772-421		Highway Construction - State		$	528,722,188		$	504,184,419		3144
002	772-422		Highway Construction - Federal		$	1,103,979,148		$	1,086,733,759		3145
002	772-424		Highway Construction - Other		$	106,439,000		$	100,379,155		3146
002	772-437		GARVEE Debt Service - State		$	10,321,300		$	19,273,500		3147
002	772-438		GARVEE Debt Service - Federal		$	113,915,900		$	139,015,000		3148
212	772-426		Highway Infrastructure Bank - Federal		$	4,303,173		$	4,018,649		3149
212	772-427		Highway Infrastructure Bank - State		$	8,268,315		$	10,209,272		3150
212	772-429		Highway Infrastructure Bank - Local		$	11,000,000		$	11,499,999		3151
212	772-430		Infrastructure Debt Reserve Title 23-49		$	1,500,000		$	1,500,000		3152
213	772-431		Roadway Infrastructure Bank - State		$	1,000,000		$	1,000,000		3153
213	772-432		Roadway Infrastructure Bank - Local		$	6,000,000		$	6,000,000		3154
213	772-433		Infrastructure Debt Reserve - State		$	2,000,000		$	2,000,000		3155
TOTAL HOF Highway Operating											3156
Fund Group					$	1,897,449,024		$	1,885,813,753		3157

Highway Capital Improvement Fund Group

3158

042	772-723		Highway Construction - Bonds		$	200,000,000		$	100,000,000		3159
TOTAL 042 Highway Capital Improvement Fund Group					$	200,000,000		$	100,000,000		3160

Infrastructure Bank Obligations Fund Group

3161

045	772-428		Highway Infrastructure Bank - Bonds		$	450,000,000		$	400,000,000		3162
TOTAL 045 Infrastructure Bank											3163
Obligations Fund Group					$	450,000,000		$	400,000,000		3164
TOTAL ALL BUDGET FUND GROUPS -											3165
Highway Construction					$	2,547,449,024		$	2,385,813,753		3166

Highway Maintenance

3167

Highway Operating Fund Group

3168

002	773-431		Highway Maintenance - State		$	403,252,901		$	417,915,187		3169
TOTAL HOF Highway Operating											3170
Fund Group					$	403,252,901		$	417,915,187		3171
							3172

TOTAL ALL BUDGET FUND GROUPS -											3173
Highway Maintenance					$	403,252,901		$	417,915,187		3174

Public Transportation

3175

Highway Operating Fund Group

3176

002	775-452		Public Transportation - Federal		$	25,471,589		$	30,391,763		3177
002	775-454		Public Transportation - Other		$	1,500,000		$	1,500,000		3178
002	775-459		Elderly and Disabled Special Equipment		$	4,730,000		$	4,730,000		3179
212	775-408		Transit Infrastructure Bank - Local		$	2,500,000		$	812,685		3180
212	775-455		Title 49 Infrastructure Bank - State		$	476,485		$	312,795		3181
213	775-457		Transit Infrastructure Bank - State		$	500,000		$	312,082		3182
213	775-460		Transit Infrastructure Bank - Local		$	1,000,000		$	1,000,000		3183
TOTAL HOF Highway Operating											3184
Fund Group					$	36,178,074		$	39,059,325		3185
TOTAL ALL BUDGET FUND GROUPS -											3186
Public Transportation					$	36,178,074		$	39,059,325		3187

Rail Transportation

3188

Federal Special Revenue Group

3189

3B9	776-662		Rail Transportation - Federal		$	10,000		$	10,000		3190
TOTAL FED Federal Special Revenue Fund Group					$	10,000		$	10,000		3191

Highway Operating Fund Group

3192

002	776-462		Grade Crossings - Federal		$	15,000,000		$	15,000,000		3193
TOTAL HOF Highway Operating											3194
Fund Group					$	15,000,000		$	15,000,000		3195

State Special Revenue Fund Group

3196

4N4	776-663		Panhandle Lease Reserve Payments		$	762,500		$	763,700		3197
4N4	776-664		Rail Transportation - Other		$	2,111,500		$	2,111,500		3198
TOTAL SSR State Special Revenue Fund Group					$	2,874,000		$	2,875,200		3199

TOTAL ALL BUDGET FUND GROUPS -											3200
Rail Transportation					$	17,884,000		$	17,885,200		3201

Aviation

3202

State Special Revenue Fund Group

3203

5W9	777-615		County Airport Maintenance		$	570,000		$	570,000		3204
TOTAL SSR State Special Revenue Fund Group					$	570,000		$	570,000		3205

Highway Operating Fund Group

3206

002	777-472		Airport Improvements - Federal		$	405,000		$	405,000		3207
002	777-475		Aviation Administration		$	5,210,000		$	5,358,100		3208
213	777-477		Aviation Infrastructure Bank - State		$	2,000,000		$	3,500,000		3209
213	777-478		Aviation Infrastructure Bank - Local		$	5,996,118		$	6,000,000		3210
TOTAL HOF Highway Operating											3211
Fund Group					$	13,611,118		$	15,263,100		3212
TOTAL ALL BUDGET FUND GROUPS -											3213
Aviation					$	14,181,118		$	15,833,100		3214

Administration

3215

Highway Operating Fund Group

3216

002	779-491		Administration - State		$	120,262,864		$	122,601,493		3217
TOTAL HOF Highway Operating											3218
Fund Group					$	120,262,864		$	122,601,493		3219
TOTAL ALL BUDGET FUND GROUPS -											3220
Administration					$	120,262,864		$	122,601,493		3221

Debt Service

3222

Highway Operating Fund Group

3223

002	770-003		Administration - State - Debt Service		$	10,555,300		$	3,614,700		3224
TOTAL HOF Highway Operating											3225
Fund Group					$	10,555,300		$	3,614,700		3226
TOTAL ALL BUDGET FUND GROUPS -											3227
Debt Service					$	10,555,300		$	3,614,700		3228

TOTAL Department of Transportation

3229

TOTAL FED Federal Special Revenue Fund Group					$	10,000		$	10,000		3230
TOTAL HOF Highway Operating											3231
Fund Group					$	2,547,030,191		$	2,551,265,782		3232
TOTAL 042 Highway Capital											3233
Improvement Fund Group					$	200,000,000		$	100,000,000		3234
TOTAL 045 Infrastructure Bank											3235
Obligations Fund Group					$	450,000,000		$	400,000,000		3236
TOTAL SSR State Special Revenue Fund Group					$	3,444,000		$	3,445,200		3237
TOTAL ALL BUDGET FUND GROUPS					$	3,200,484,191		$	3,054,720,982		3238

Section 203.20.  ISSUANCE OF BONDS

3240

The Treasurer of State, upon the request of the Director of	3241
Transportation, is authorized to issue and sell, in accordance	3242
with Section 2m of Article VIII, Ohio Constitution, and Chapter	3243
151. and particularly sections 151.01 and 151.06 of the Revised	3244
Code, obligations, including bonds and notes, of the State of Ohio	3245
in the aggregate amount of $290,000,000 in addition to the	3246
original issuance of obligations heretofore authorized by prior	3247
acts of the General Assembly.	3248

The obligations shall be dated, issued, and sold from time to	3249
time in such amounts as may be necessary to provide sufficient	3250
moneys to the credit of the Highway Capital Improvement Fund (Fund	3251
042) created by section 5528.53 of the Revised Code to pay costs	3252
charged to the fund when due as estimated by the Director of	3253
Transportation, provided, however, that such obligations shall be	3254
issued and sold at such time or times so that not more than	3255
$220,000,000 original principal amount of obligations, plus the	3256
principal amount of obligations that in prior fiscal years could	3257
have been, but were not, issued within the $220,000,000 limit, may	3258
be issued in any fiscal year, and not more than $1,200,000,000	3259
original principal amount of such obligations are outstanding at	3260
any one time.	3261

Section  203.30. MAINTENANCE INTERSTATE HIGHWAYS

3262

The Director of Transportation may remove snow and ice and	3263
maintain, repair, improve, or provide lighting upon interstate	3264
highways that are located within the boundaries of municipal	3265
corporations, adequate to meet the requirements of federal law.	3266
When agreed in writing by the Director of Transportation and the	3267
legislative authority of a municipal corporation and	3268
notwithstanding sections 125.01 and 125.11 of the Revised Code,	3269
the Department of Transportation may reimburse a municipal	3270
corporation for all or any part of the costs, as provided by such	3271
agreement, incurred by the municipal corporation in maintaining,	3272
repairing, lighting, and removing snow and ice from the interstate	3273
system.	3274

Section 203.40. TRANSFER OF FUND 002 APPROPRIATIONS: PLANNING	3275
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL,	3276
AVIATION, AND ADMINISTRATION	3277

The Director of Budget and Management may approve requests	3278
from the Department of Transportation for transfer of Fund 002	3279
appropriations for highway planning and research (appropriation	3280
items 771-411 and 771-412), highway construction (appropriation	3281
items 772-421, 772-422, 772-424, 772-437, and 772-438), highway	3282
maintenance (appropriation item 773-431), rail grade crossings	3283
(appropriation item 776-462), aviation (appropriation item	3284
777-475), and administration (appropriation item 779-491). The	3285
Director may not make transfers out of debt service appropriation	3286
items unless the Director determines that the appropriated amounts	3287
exceed the actual and projected debt service requirements.	3288
Transfers of appropriations may be made upon the written request	3289
of the Director of Transportation and with the approval of the	3290
Director of Budget and Management. The transfers shall be reported	3291
to the Controlling Board at the next regularly scheduled meeting	3292
of the board.	3293

This transfer authority is intended to provide for emergency	3294
situations and flexibility to meet unforeseen conditions that	3295
could arise during the budget period. It also is intended to allow	3296
the department to optimize the use of available resources and	3297
adjust to circumstances affecting the obligation and expenditure	3298
of federal funds.	3299

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL	3300
TRANSIT	3301

The Director of Budget and Management may approve written	3302
requests from the Director of Transportation for the transfer of	3303
appropriations between appropriation items 772-422, Highway	3304
Construction - Federal, and 775-452, Public Transportation -	3305
Federal, based upon transit capital projects meeting Federal	3306
Highway Administration and Federal Transit Administration funding	3307
guidelines. The transfers shall be reported to the Controlling	3308
Board at its next regularly scheduled meeting.	3309

TRANSFER OF APPROPRIATIONS: STATE INFRASTRUCTURE BANK

3310

The Director of Budget and Management may approve requests	3311
from the Department of Transportation for transfer of	3312
appropriations and cash of the Infrastructure Bank funds created	3313
in section 5531.09 of the Revised Code, including transfers	3314
between fiscal years 2008 and 2009. The transfers shall be	3315
reported to the Controlling Board at its next regularly scheduled	3316
meeting.	3317

The Director of Budget and Management may approve requests	3318
from the Department of Transportation for transfer of	3319
appropriations and cash from the Highway Operating Fund (Fund 002)	3320
to the Infrastructure Bank funds created in section 5531.09 of the	3321
Revised Code. The Director of Budget and Management may transfer	3322
from the Infrastructure Bank funds to the Highway Operating Fund	3323
up to the amounts originally transferred to the Infrastructure	3324
Bank funds under this section. However, the director may not make	3325
transfers between modes and transfers between different funding	3326
sources. The transfers shall be reported to the Controlling Board	3327
at its next regularly scheduled meeting.	3328

INCREASE APPROPRIATION AUTHORITY: STATE FUNDS

3329

In the event that receipts or unexpended balances credited to	3330
the Highway Operating Fund exceed the estimates upon which the	3331
appropriations have been made in this act, upon the request of the	3332
Director of Transportation, the Controlling Board may increase	3333
appropriation authority in the manner prescribed in section 131.35	3334
of the Revised Code.	3335

INCREASE APPROPRIATION AUTHORITY: FEDERAL AND LOCAL FUNDS

3336

In the event that receipts or unexpended balances credited to	3337
the Highway Operating Fund or apportionments or allocations made	3338
available from the federal and local government exceed the	3339
estimates upon which the appropriations have been made in this	3340
act, upon the request of the Director of Transportation, the	3341
Controlling Board may increase appropriation authority in the	3342
manner prescribed in section 131.35 of the Revised Code.	3343

REAPPROPRIATIONS

3344

Upon approval of the Director of Budget and Management, all	3345
appropriations of the Highway Operating Fund (Fund 002), the	3346
Highway Capital Improvement Fund (Fund 042), and the	3347
Infrastructure Bank funds created in section 5531.09 of the	3348
Revised Code remaining unencumbered on June 30, 2007, are hereby	3349
reappropriated for the same purpose in fiscal year 2008.	3350

Upon approval of the Director of Budget and Management, all	3351
appropriations of the Highway Operating Fund (Fund 002), the	3352
Highway Capital Improvement Fund (Fund 042), and the	3353
Infrastructure Bank funds created in section 5531.09 of the	3354
Revised Code remaining unencumbered on June 30, 2008, are hereby	3355
reappropriated for the same purpose in fiscal year 2009.	3356

Any balances of prior years' appropriations to the Highway	3357
Operating Fund (Fund 002), the Highway Capital Improvement Fund	3358
(Fund 042), and the Infrastructure Bank funds created in section	3359
5531.09 of the Revised Code that are unencumbered on June 30,	3360
2007, subject to the availability of revenue as determined by the	3361
Director of Transportation, are hereby reappropriated for the same	3362
purpose in fiscal year 2008 upon the request of the Director of	3363
Transportation and with the approval of the Director of Budget and	3364
Management. The reappropriations shall be reported to the	3365
Controlling Board.	3366

Any balances of prior years' appropriations to the Highway	3367
Operating Fund (Fund 002), the Highway Capital Improvement Fund	3368
(Fund 042), and the Infrastructure Bank funds created in section	3369
5531.09 of the Revised Code that are unencumbered on June 30,	3370
2008, subject to the availability of revenue as determined by the	3371
Director of Transportation, are hereby reappropriated for the same	3372
purpose in fiscal year 2009 upon the request of the Director of	3373
Transportation and with the approval of the Director of Budget and	3374
Management. The reappropriations shall be reported to the	3375
Controlling Board.	3376

CASH TRANSFER TO OHIO TURNPIKE COMMISSION

3377

Notwithstanding any other provision of law to the contrary,	3378
on the first day of July in each of 2007 and 2008, or as soon as	3379
practicable thereafter in each of those years, the Director of	3380
Budget and Management shall transfer cash in the amount of	3381
$250,000 from the Highway Operating Fund (Fund 002) to the Ohio	3382
Turnpike Commission for deposit to the credit of the Community	3383
Resolution Fund created in section 5537.32 of the Revised Code.	3384

Section 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

3385

Of the foregoing appropriation item 772-421, Highway	3386
Construction - State, $5,000,000 shall be used in each fiscal year	3387
during the fiscal year 2008-2009 biennium by the Department of	3388
Transportation for the construction, reconstruction, or	3389
maintenance of public access roads, including support features, to	3390
and within state facilities owned or operated by the Department of	3391
Natural Resources.	3392

Notwithstanding section 5511.06 of the Revised Code, of the	3393
foregoing appropriation item 772-421, Highway Construction -	3394
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	3395
biennium shall be used by the Department of Transportation for the	3396
construction, reconstruction, or maintenance of park drives or	3397
park roads within the boundaries of metropolitan parks.	3398

Included in the foregoing appropriation item 772-421, Highway	3399
Construction - State, the department may perform related road work	3400
on behalf of the Ohio Expositions Commission at the state	3401
fairgrounds, including reconstruction or maintenance of public	3402
access roads and support features, to and within fairground	3403
facilities as requested by the commission and approved by the	3404
Director of Transportation.	3405

LIQUIDATION OF UNFORESEEN LIABILITIES

3406

Any appropriation made to the Department of Transportation,	3407
Highway Operating Fund, not otherwise restricted by law, is	3408
available to liquidate unforeseen liabilities arising from	3409
contractual agreements of prior years when the prior year	3410
encumbrance is insufficient.	3411

Section 203.53. ECONOMIC DEVELOPMENT AND HIGHWAY CONSTRUCTION	3412
FUND	3413

Any money credited to the Economic Development and Highway	3414
Construction Fund created by section 5751.20 of the Revised Code	3415
during the fiscal year 2008-2009 biennium is hereby appropriated	3416
to the Department of Transportation to be expended for	3417
constructing and maintaining the state's highway infrastructure,	3418
thereby promoting economic development throughout the state.	3419

Section 203.60.  RENTAL PAYMENTS - OBA

3420

The foregoing appropriation item 770-003, Administration -	3421
State - Debt Service, shall be used to pay rent to the Ohio	3422
Building Authority for the period July 1, 2007, to June 30, 2009,	3423
under the primary leases and agreements for various transportation	3424
related capital facilities financed by obligations issued under	3425
Chapter 152. of the Revised Code. The rental payments shall be	3426
made from revenues received from the motor vehicle fuel tax. The	3427
amounts of any bonds and notes to finance such capital facilities	3428
shall be at the request of the Director of Transportation.	3429
Notwithstanding section 152.24 of the Revised Code, the Ohio	3430
Building Authority may, with approval of the Office of Budget and	3431
Management, lease capital facilities to the Department of	3432
Transportation.	3433

The Director of Transportation shall hold title to any land	3434
purchased and any resulting structures that are attributable to	3435
appropriation item 770-003. Notwithstanding section 152.18 of the	3436
Revised Code, the Director of Transportation shall administer any	3437
purchase of land and any contract for construction,	3438
reconstruction, and rehabilitation of facilities as a result of	3439
this appropriation.	3440

Should the appropriation and any reappropriations from prior	3441
years in appropriation item 770-003 exceed the rental payments for	3442
fiscal year 2008 or 2009, then prior to June 30, 2009, the balance	3443
may be transferred to appropriation item 772-421, Highway	3444
Construction - State, 773-431, Highway Maintenance - State, or	3445
779-491, Administration - State, upon the written request of the	3446
Director of Transportation and with the approval of the Director	3447
of Budget and Management. The transfer shall be reported to the	3448
Controlling Board at its next regularly scheduled meeting.	3449

Section 203.70.  PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

3450

The Director of Transportation may use revenues from the	3451
state motor vehicle fuel tax to match approved federal grants	3452
awarded to the Department of Transportation, regional transit	3453
authorities, or eligible public transportation systems, for public	3454
transportation highway purposes, or to support local or state	3455
funded projects for public transportation highway purposes. Public	3456
transportation highway purposes include: the construction or	3457
repair of high-occupancy vehicle traffic lanes, the acquisition or	3458
construction of park-and-ride facilities, the acquisition or	3459
construction of public transportation vehicle loops, the	3460
construction or repair of bridges used by public transportation	3461
vehicles or that are the responsibility of a regional transit	3462
authority or other public transportation system, or other similar	3463
construction that is designated as an eligible public	3464
transportation highway purpose. Motor vehicle fuel tax revenues	3465
may not be used for operating assistance or for the purchase of	3466
vehicles, equipment, or maintenance facilities.	3467

MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

3468

The Director of Budget and Management shall transfer cash in	3469
equal monthly increments totaling $188,169,480 in each fiscal year	3470
of the 2008-2009 biennium from the Highway Operating Fund, created	3471
in section 5735.291 of the Revised Code, to the Gasoline Excise	3472
Tax Fund created in division (A) of section 5735.27 of the Revised	3473
Code. The monthly amounts transferred under this section shall be	3474
distributed as follows: 42.86 per cent shall be distributed among	3475
the municipal corporations within the state under division (A)(2)	3476
of section 5735.27 of the Revised Code; 37.14 per cent shall be	3477
distributed among the counties within the state under division	3478
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	3479
shall be distributed among the townships within the state under	3480
division (A)(5)(b) of section 5735.27 of the Revised Code.	3481

Section 205.10.  DHS DEPARTMENT OF PUBLIC SAFETY

3482

Highway Safety Information and Education

3483

State Highway Safety Fund Group

3484

036	761-321		Operating Expense - Information and Education		$	3,645,598		$	3,645,598		3485
036	761-402		Traffic Safety Match		$	277,137		$	277,137		3486
83N	761-611		Elementary School Seat Belt Program		$	375,000		$	375,000		3487
831	761-610		Information and Education - Federal		$	468,982		$	468,982		3488
832	761-612		Traffic Safety-Federal		$	16,577,565		$	16,577,565		3489
844	761-613		Seat Belt Education Program		$	395,700		$	411,528		3490
846	761-625		Motorcycle Safety Education		$	3,698,084		$	4,010,865		3491
TOTAL HSF State Highway Safety											3492
Fund Group					$	25,438,066		$	25,766,675		3493
Agency Fund Group											3494
5J9	761-678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		3495
TOTAL AGY Agency					$	1,500,000		$	1,500,000		3496
TOTAL ALL BUDGET FUND GROUPS -											3497
Highway Safety Information											3498
and Education					$	26,938,066		$	27,266,675		3499

FEDERAL HIGHWAY SAFETY PROGRAM MATCH

3500

The foregoing appropriation item 761-402, Traffic Safety	3501
Match, shall be used to provide the nonfederal portion of the	3502
federal Highway Safety Program. Upon request by the Director of	3503
Public Safety and approval by the Director of Budget and	3504
Management, appropriation item 761-402 shall be used to transfer	3505
cash from the Highway Safety Fund to the Traffic Safety - Federal	3506
Fund (Fund 832) at the beginning of each fiscal year on an	3507
intrastate transfer voucher.	3508

Section 207.10.  BUREAU OF MOTOR VEHICLES

3509

State Special Revenue Fund Group

3510

539	762-614		Motor Vehicle Dealers Board		$	200,000		$	200,000		3511
TOTAL SSR State Special Revenue											3512
Fund Group					$	200,000		$	200,000		3513

State Highway Safety Fund Group

3514

4W4	762-321		Operating Expense-BMV		$	90,394,299		$	85,145,103		3515
4W4	762-410		Registrations Supplement		$	32,480,610		$	32,480,610		3516
5V1	762-682		License Plate Contributions		$	2,100,000		$	2,100,000		3517
83R	762-639		Local Immobilization Reimbursement		$	750,000		$	750,000		3518
835	762-616		Financial Responsibility Compliance		$	5,843,830		$	6,063,600		3519
849	762-627		Automated Title Processing Board		$	23,487,248		$	19,240,839		3520
TOTAL HSF State Highway Safety											3521
Fund Group					$	155,055,987		$	145,780,152		3522
TOTAL ALL BUDGET FUND GROUPS -											3523
Bureau of Motor Vehicles					$	155,255,987		$	145,980,152		3524

MOTOR VEHICLE REGISTRATION

3525

The Registrar of Motor Vehicles may deposit revenues to meet	3526
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	3527
4W4) established in section 4501.25 of the Revised Code, obtained	3528
under sections 4503.02 and 4504.02 of the Revised Code, less all	3529
other available cash. Revenue deposited pursuant to this section	3530
shall support, in part, appropriations for operating expenses and	3531
defray the cost of manufacturing and distributing license plates	3532
and license plate stickers and enforcing the law relative to the	3533
operation and registration of motor vehicles. Notwithstanding	3534
section 4501.03 of the Revised Code, the revenues shall be paid	3535
into the State Bureau of Motor Vehicles Fund before any revenues	3536
obtained pursuant to sections 4503.02 and 4504.02 of the Revised	3537
Code are paid into any other fund. The deposit of revenues to meet	3538
the aforementioned cash needs shall be in approximate equal	3539
amounts on a monthly basis or as otherwise determined by the	3540
Director of Budget and Management pursuant to a plan submitted by	3541
the Registrar of Motor Vehicles.	3542

CAPITAL PROJECTS

3543

The Registrar of Motor Vehicles may transfer cash from the	3544
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State	3545
Highway Safety Fund (Fund 036) to meet its obligations for capital	3546
projects CIR-047, Department of Public Safety Office Building,	3547
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop.	3548

Section 209.10. ENFORCEMENT

3549

State Highway Safety Fund Group

3550

036	764-033		Minor Capital Projects		$	1,250,000		$	1,250,000		3551
036	764-321		Operating Expense - Highway Patrol		$	253,967,276		$	267,539,597		3552
036	764-605		Motor Carrier Enforcement Expenses		$	3,061,817		$	3,340,468		3553
83C	764-630		Contraband, Forfeiture, Other		$	622,894		$	622,894		3554
83F	764-657		Law Enforcement Automated Data System		$	7,945,555		$	8,275,898		3555
83G	764-633		OMVI Enforcement/Education		$	650,000		$	650,000		3556
83J	764-693		Highway Patrol Justice Contraband		$	2,100,000		$	2,100,000		3557
83T	764-694		Highway Patrol Treasury Contraband		$	21,000		$	21,000		3558
831	764-610		Patrol - Federal		$	2,455,484		$	2,455,484		3559
831	764-659		Transportation Enforcement - Federal		$	5,665,690		$	6,132,592		3560
831	769-631		Homeland Security - Federal		$	1,500,000		$	1,552,500		3561
837	764-602		Turnpike Policing		$	10,893,146		$	11,553,959		3562
838	764-606		Patrol Reimbursement		$	175,000		$	175,000		3563
840	764-607		State Fair Security		$	1,396,283		$	1,396,283		3564
840	764-617		Security and Investigations		$	6,231,916		$	6,155,385		3565
840	764-626		State Fairgrounds Police Force		$	788,375		$	788,375		3566
840	769-632		Homeland Security - Operating		$	1,913,276		$	1,989,807		3567
841	764-603		Salvage and Exchange - Highway Patrol		$	1,339,399		$	1,339,399		3568
TOTAL HSF State Highway Safety											3569
Fund Group					$	301,977,111		$	317,338,641		3570

General Services Fund Group

3571

4S2	764-660		MARCS Maintenance		$	335,862		$	389,149		3572
TOTAL GSF General Services											3573
Fund Group						$	335,862		$	389,149		3574

TOTAL ALL BUDGET FUND GROUPS -											3575
Enforcement					$	302,312,973		$	317,727,790		3576

COLLECTIVE BARGAINING INCREASES

3577

Notwithstanding division (D) of section 127.14 and division	3578
(B) of section 131.35 of the Revised Code, except for the General	3579
Revenue Fund, the Controlling Board may, upon the request of	3580
either the Director of Budget and Management, or the Department of	3581
Public Safety with the approval of the Director of Budget and	3582
Management, increase appropriations for any fund, as necessary for	3583
the Department of Public Safety, to assist in paying the costs of	3584
increases in employee compensation that have occurred pursuant to	3585
collective bargaining agreements under Chapter 4117. of the	3586
Revised Code and, for exempt employees, under section 124.152 of	3587
the Revised Code.	3588

TRAFFIC SAFETY OPERATING FUND

3589

On July 1, 2007, or as soon thereafter as possible, the	3590
Director of Budget and Management shall transfer the cash balance	3591
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway	3592
Safety Fund (Fund 036). The Director of Budget and Management	3593
shall cancel any existing encumbrances against appropriation item	3594
764-688, Traffic Safety Operating, and re-establish them against	3595
appropriation item 764-321, Operating Expense – Highway Patrol.	3596
The amounts of the re-established encumbrances are hereby	3597
appropriated. Upon completion of these transfers, the Traffic	3598
Safety Operating Fund (Fund 5AY) is hereby abolished.	3599

CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND

3600

Effective July 1, 2007, the Treasurer of State, prior to	3601
making any of the distributions listed in sections 5735.23,	3602
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	3603
the first $1,250,000 received each month to the credit of the	3604
State Highway Safety Fund (Fund 036).	3605

Section 211.10.  EMERGENCY MEDICAL SERVICES

3606

State Highway Safety Fund Group

3607

83M	765-624		Operating Expenses - Trauma and EMS		$	2,587,627		$	2,587,627		3608
83P	765-637		Trauma and EMS		$	4,429,290		$	4,562,912		3609
831	765-610		EMS/Federal		$	582,007		$	582,007		3610
TOTAL HSF State Highway Safety											3611
Fund Group					$	7,598,924		$	7,732,546		3612
TOTAL ALL BUDGET FUND GROUPS -											3613
Emergency Medical Services					$	7,598,924		$	7,732,546		3614

CASH TRANSFERS OF SEAT BELT FINE REVENUES

3615

Notwithstanding any other provision of law to the contrary,	3616
the Controlling Board, upon request of the Director of Public	3617
Safety, may approve the transfer of cash between the following	3618
four funds that receive fine revenues from enforcement of the	3619
mandatory seat belt law: the Trauma and Emergency Medical Services	3620
Fund (Fund 83M), the Elementary School Program Fund (Fund 83N),	3621
the Trauma and Emergency Medical Services Grants Fund (Fund 83P),	3622
and the Seat Belt Education Fund (Fund 844).	3623

Section 213.10. INVESTIGATIVE UNIT

3624

State Highway Safety Fund Group

3625

831	767-610		Liquor Enforcement - Federal		$	514,184		$	514,184		3626
831	769-610		Food Stamp Trafficking Enforcement - Federal		$	1,032,135		$	1,032,135		3627
TOTAL HSF State Highway Safety											3628
Fund Group					$	1,546,319		$	1,546,319		3629

Liquor Control Fund Group

3630

043	767-321		Liquor Enforcement - Operations		$	11,435,527		$	11,546,052		3631
TOTAL LCF Liquor Control Fund											3632
Group					$	11,435,527		$	11,546,052		3633

State Special Revenue Fund Group

3634

5B9	766-632		Private Investigator and Security Guard Provider		$	1,288,730		$	1,289,883		3635
5CM	767-691		Federal Investigative Seizure		$	642,175		$	642,175		3636
622	767-615		Investigative Contraband and Forfeiture		$	375,000		$	375,000		3637
850	767-628		Investigative Unit Salvage		$	100,000		$	100,000		3638
TOTAL SSR State Special Revenue											3639
Fund Group					$	2,405,905		$	2,407,058		3640
TOTAL ALL BUDGET FUND GROUPS -											3641
Special Enforcement					$	15,387,751		$	15,499,429		3642

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	3643
EQUIPMENT	3644

The Director of Public Safety, using intrastate transfer	3645
vouchers, shall make cash transfers to the State Highway Safety	3646
Fund (Fund 036) from other funds to reimburse the State Highway	3647
Safety Fund for the share of lease rental payments to the Ohio	3648
Building Authority that are associated with appropriation item	3649
CAP-076, Investigative Unit MARCS Equipment.	3650

Section 215.10.  EMERGENCY MANAGEMENT

3651

Federal Special Revenue Fund Group

3652

3N5	763-644		U.S. Department of Energy Agreement		$	175,000		$	175,000		3653
329	763-645		Individual Household Grants - Federal		$	13,831,920		$	13,848,251		3654
337	763-609		Federal Disaster Relief		$	27,700,200		$	27,707,636		3655
339	763-647		Emergency Management Assistance and Training		$	85,121,692		$	85,265,885		3656
TOTAL FED Federal Special											3657
Revenue Fund Group					$	126,828,812		$	126,996,772		3658

State Special Revenue Fund Group

3659

4V3	763-662		EMA Service and Reimbursement		$	650,000		$	650,000		3660
657	763-652		Utility Radiological Safety		$	1,260,000		$	1,260,000		3661
681	763-653		SARA Title III HAZMAT Planning		$	271,510		$	271,510		3662
TOTAL SSR State Special Revenue											3663
Fund Group					$	2,181,510		$	2,181,510		3664
TOTAL ALL BUDGET FUND GROUPS -											3665
Emergency Management					$	129,010,322		$	128,814,282		3666

STATE DISASTER RELIEF

3667

The appropriation item 763-601, State Disaster Relief (Fund	3668
533), may accept transfers of cash and appropriations from	3669
Controlling Board appropriation items for Ohio Emergency	3670
Management Agency disaster response costs and disaster program	3671
management costs, and may also be used for the following purposes:	3672

(A) To accept transfers of cash and appropriations from	3673
Controlling Board appropriation items for Ohio Emergency	3674
Management Agency public assistance and mitigation program match	3675
costs to reimburse eligible local governments and private	3676
nonprofit organizations for costs related to disasters;	3677

(B) To accept and transfer cash to reimburse the costs	3678
associated with Emergency Management Assistance Compact (EMAC)	3679
deployments;	3680

(C) To accept disaster related reimbursement from federal,	3681
state, and local governments. The Director of Budget and	3682
Management may transfer cash from reimbursements received by this	3683
fund to other funds of the state from which transfers were	3684
originally approved by the Controlling Board.	3685

(D) To accept transfers of cash and appropriations from	3686
Controlling Board appropriation items to fund the State Disaster	3687
Relief Program, for disasters that have been declared by the	3688
Governor, and the State Individual Assistance Program for	3689
disasters that have been declared by the Governor and the federal	3690
Small Business Administration. The Ohio Emergency Management	3691
Agency shall publish and make available application packets	3692
outlining procedures for the State Disaster Relief Program and the	3693
State Individual Assistance Program.	3694

SARA TITLE III HAZMAT PLANNING

3695

The SARA Title III HAZMAT Planning Fund (Fund 681) is	3696
entitled to receive grant funds from the Emergency Response	3697
Commission to implement the Emergency Management Agency's	3698
responsibilities under Chapter 3750. of the Revised Code.	3699

Section 217.10. CRIMINAL JUSTICE SERVICES

3700

General Services Fund Group

3701

4P6	768-601		Justice Program Services		$	100,000		$	100,000		3702
TOTAL GSF General Services Fund Group					$	100,000		$	100,000		3703

Federal Special Revenue Fund Group

3704

3AY	768-606		Federal Justice Grants		$	13,019,284		$	13,060,000		3705
3L5	768-604		Justice Program		$	11,880,083		$	12,056,300		3706
TOTAL FED Federal Special Revenue Fund Group					$	24,899,367		$	25,116,300		3707

State Special Revenue Fund Group

3708

5BK	768-687		Criminal Justice Services Operating		$	400,000		$	400,000		3709
5BK	768-689		Family Violence Shelter Programs		$	750,000		$	750,000		3710
TOTAL SSR Special Revenue Fund Group					$	1,150,000		$	1,150,000		3711
TOTAL ALL BUDGET FUND GROUPS - Criminal Justice Services					$	26,149,367		$	26,366,300		3712

TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE	3713
DEPARTMENT OF PUBLIC SAFETY	3714

Business commenced but not completed by the Office of	3715
Criminal Justice Services on July 1, 2005, shall be completed by	3716
the Division of Criminal Justice Services, in the same manner, and	3717
with the same effect, as if completed by the Office of Criminal	3718
Justice Services. No validation, cure, right, privilege, remedy,	3719
obligation, or liability is lost or impaired by reason of the	3720
transfer required by this section but shall be administered by the	3721
Division of Criminal Justice Services.	3722

FUND CLARIFICATIONS

3723

The fund created by the amendment in this act to section	3724
5502.62 of the Revised Code is the same fund, with a new name, as	3725
the Justice Programs Fund (Fund 3L5). The fund created by section	3726
5502.67 of the Revised Code is the same fund, with a new name, as	3727
the General Services Fund (Fund 4P6).	3728

Section 219.10.  ADMINISTRATION

3729

State Highway Safety Fund Group

3730

036	766-321		Operating Expense - Administration		$	4,461,836		$	4,461,836		3731
830	761-603		Salvage and Exchange - Administration		$	20,000		$	20,000		3732
TOTAL HSF State Highway Safety											3733
Fund Group					$	4,481,836		$	4,481,836		3734

General Services Fund Group

3735

4S3	766-661		Hilltop Utility Reimbursement		$	500,000		$	500,000		3736
TOTAL GSF General Services											3737
Fund Group					$	500,000		$	500,000		3738
TOTAL ALL BUDGET FUND GROUPS -											3739
Administration					$	4,981,836		$	4,981,836		3740

Section 221.10.  DEBT SERVICE

3742

State Highway Safety Fund Group

3743

036	761-401		Lease Rental Payments		$	13,929,500		$	14,017,100		3744
TOTAL HSF State Highway Safety											3745
Fund Group					$	13,929,500		$	14,017,100		3746
TOTAL ALL BUDGET FUND GROUPS -											3747
Debt Service					$	13,929,500		$	14,017,100		3748

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

3749

The foregoing appropriation item 761-401, Lease Rental	3750
Payments, shall be used for payments to the Ohio Building	3751
Authority for the period July 1, 2007, to June 30, 2009, under the	3752
primary leases and agreements for public safety related buildings	3753
financed by obligations issued under Chapter 152. of the Revised	3754
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	3755
Building Authority may, with approval of the Director of Budget	3756
and Management, lease capital facilities to the Department of	3757
Public Safety.	3758

HILLTOP TRANSFER

3759

The Director of Public Safety shall determine, per an	3760
agreement with the Director of Transportation, the share of each	3761
debt service payment made out of appropriation item 761-401, Lease	3762
Rental Payments, that relates to the Department of	3763
Transportation's portion of the Hilltop Building Project, and	3764
shall certify to the Director of Budget and Management the amounts	3765
of this share. The Director of Budget and Management shall	3766
transfer the amounts of such shares from the Highway Operating	3767
Fund (Fund 002) to the Highway Safety Fund (Fund 036).	3768

Section 223.10.  REVENUE DISTRIBUTION

3769

Holding Account Redistribution Fund Group

3770

R24	762-619		Unidentified Motor Vehicle Receipts		$	1,885,000		$	1,885,000		3771
R52	762-623		Security Deposits		$	350,000		$	350,000		3772
TOTAL 090 Holding Account											3773
Redistribution Fund Group					$	2,235,000		$	2,235,000		3774
TOTAL ALL BUDGET FUND GROUPS -											3775
Revenue Distribution					$	2,235,000		$	2,235,000		3776

TOTAL Department of Public Safety

3777

TOTAL HSF State Highway Safety											3778
Fund Group					$	510,027,743		$	516,663,269		3779
TOTAL SSR State Special Revenue											3780
Fund Group					$	5,937,415		$	5,938,568		3781
TOTAL LCF Liquor Control											3782
Fund Group					$	11,435,527		$	11,546,052		3783
TOTAL GSF General Services											3784
Fund Group					$	935,862		$	989,149		3785
TOTAL FED Federal Special Revenue											3786
Fund Group					$	151,728,179		$	152,113,072		3787
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		3788
TOTAL 090 Holding Account											3789
Redistribution Fund Group					$	2,235,000		$	2,235,000		3790
TOTAL ALL BUDGET FUND GROUPS					$	683,799,726		$	690,985,110		3791

Section 225.10. CASH BALANCE FUND REVIEW

3793

Not later than the first day of April in each fiscal year of	3794
the biennium, the Director of Budget and Management shall review	3795
the cash balances for each fund, except the State Highway Safety	3796
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4),	3797
in the State Highway Safety Fund Group, and shall recommend to the	3798
Controlling Board an amount to be transferred to the credit of the	3799
State Highway Safety Fund or the Bureau of Motor Vehicles Fund, as	3800
appropriate.	3801

Section 227.10.  DEV DEPARTMENT OF DEVELOPMENT

3802

State Special Revenue Fund Group

3803

4W0	195-629		Roadwork Development		$	18,699,900		$	18,699,900		3804
TOTAL SSR State Special Revenue											3805
Fund Group					$	18,699,900		$	18,699,900		3806
TOTAL ALL BUDGET FUND GROUPS					$	18,699,900		$	18,699,900		3807

ROADWORK DEVELOPMENT FUND

3808

The Roadwork Development Fund shall be used for road	3809
improvements associated with economic development opportunities	3810
that will retain or attract businesses for Ohio. "Road	3811
improvements" are improvements to public roadway facilities	3812
located on, or serving or capable of serving, a project site.	3813

The Department of Transportation, under the direction of the	3814
Department of Development, shall provide these funds in accordance	3815
with all guidelines and requirements established for Department of	3816
Development appropriation item 195-412, Business Development,	3817
including Controlling Board review and approval as well as the	3818
requirements for usage of gas tax revenue prescribed in Section 5a	3819
of Article XII, Ohio Constitution. Should the Department of	3820
Development require the assistance of the Department of	3821
Transportation to bring a project to completion, the Department of	3822
Transportation shall use its authority under Title LV of the	3823
Revised Code to provide such assistance and enter into contracts	3824
on behalf of the Department of Development. In addition, these	3825
funds may be used in conjunction with appropriation item 195-412,	3826
Business Development, or any other state funds appropriated for	3827
infrastructure improvements.	3828

The Director of Budget and Management, pursuant to a plan	3829
submitted by the Department of Development or as otherwise	3830
determined by the Director of Budget and Management, shall set a	3831
cash transfer schedule to meet the cash needs of the Department of	3832
Development's Roadwork Development Fund (Fund 4W0), less any other	3833
available cash. The Director shall transfer to the Roadwork	3834
Development Fund from the Highway Operating Fund (Fund 002),	3835
established in section 5735.291 of the Revised Code, such amounts	3836
at such times as determined by the transfer schedule.	3837

TRANSPORTATION IMPROVEMENT DISTRICTS

3838

Notwithstanding section 5540.151 of the Revised Code, of the	3839
foregoing appropriation item 195-629, Roadwork Development,	3840
$250,000 in each fiscal year of the biennium shall be granted by	3841
the Director of Development to each of the transportation	3842
improvement districts of Butler, Clermont, Hamilton, Lorain,	3843
Medina, Montgomery, Muskingum, and Stark counties and to the	3844
Rossford Transportation Improvement District in Wood County. Any	3845
grant made under this paragraph is not subject to the restrictions	3846
of appropriation item 195-629, Roadwork Development.	3847

Section 229.10.  PWC PUBLIC WORKS COMMISSION

3848

Local Transportation Improvements Fund Group

3849

052	150-402		Local Transportation Improvement Program - Operating		$	291,537		$	306,178		3850
052	150-701		Local Transportation Improvement Program		$	67,500,000		$	67,500,000		3851
TOTAL 052 Local Transportation											3852
Improvements Fund Group					$	67,791,537		$	67,806,178		3853

Local Infrastructure Improvements Fund Group

3854

038	150-321		State Capital Improvements Program - Operating Expenses		$	879,237		$	918,912		3855
TOTAL LIF Local Infrastructure											3856
Improvements Fund Group					$	879,237		$	918,912		3857
TOTAL ALL BUDGET FUND GROUPS					$	68,670,774		$	68,725,090		3858

DISTRICT ADMINISTRATION COSTS

3859

The Director of the Public Works Commission is authorized to	3860
create a District Administration Costs Program from interest	3861
earnings of the Capital Improvements Fund and Local Transportation	3862
Improvement Program Fund proceeds. The program shall be used to	3863
provide for the direct costs of district administration of the	3864
nineteen public works districts. Districts choosing to participate	3865
in the program shall only expend Capital Improvements Fund moneys	3866
for Capital Improvements Fund costs and Local Transportation	3867
Improvement Program Fund moneys for Local Transportation	3868
Improvement Program Fund costs. The account shall not exceed	3869
$1,235,000 per fiscal year. Each public works district may be	3870
eligible for up to $65,000 per fiscal year from its district	3871
allocation as provided in sections 164.08 and 164.14 of the	3872
Revised Code.	3873

The Director, by rule, shall define allowable and	3874
nonallowable costs for the purpose of the District Administration	3875
Costs Program. Nonallowable costs include indirect costs, elected	3876
official salaries and benefits, and project-specific costs. No	3877
district public works committee may participate in the District	3878
Administration Costs Program without the approval of those costs	3879
by the district public works committee under section 164.04 of the	3880
Revised Code.	3881

REAPPROPRIATIONS

3882

All capital appropriations from the Local Transportation	3883
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 68 of the	3884
126th General Assembly remaining unencumbered as of June 30, 2007,	3885
are reappropriated for use during the period July 1, 2007, through	3886
June 30, 2008, for the same purpose.	3887

Notwithstanding division (B) of section 127.14 of the Revised	3888
Code, all capital appropriations and reappropriations from the	3889
Local Transportation Improvement Program Fund (Fund 052) in this	3890
act remaining unencumbered as of June 30, 2008, are reappropriated	3891
for use during the period July 1, 2008, through June 30, 2009, for	3892
the same purposes, subject to the availability of revenue as	3893
determined by the Director of the Public Works Commission.	3894

Section 303.10.  PROVISIONS OF LAW GENERALLY APPLICABLE TO	3895
APPROPRIATIONS	3896

Law contained in the main operating appropriations act of the	3897
127th General Assembly that is generally applicable to the	3898
appropriations made in the main operating appropriations act also	3899
is generally applicable to the appropriations made in this act.	3900

Section 305.10.  LEASE PAYMENTS TO OBA AND TREASURER

3901

Certain appropriations are in this act for the purpose of	3902
lease payments to the Ohio Building Authority or to the Treasurer	3903
of State under leases and agreements relating to bonds or notes	3904
issued by the Ohio Building Authority or the Treasurer of State	3905
under the Ohio Constitution and acts of the General Assembly. If	3906
it is determined that additional appropriations are necessary for	3907
this purpose, such amounts are hereby appropriated.	3908

Section 403.05. That Sections 235.20.20, 235.30.70, and	3909
237.10 of Am. Sub. H.B. 699 of the 126th General Assembly be	3910
amended to read as follows:	3911

Appropriations

Sec. 235.20.20. CLS CLEVELAND STATE UNIVERSITY

3912

CAP-023		Basic Renovations		$	3,796,031		3913
CAP-125		College of Education		$	10,115,719		3914
CAP-148		Cleveland Institute of Art		$	1,000,000		3915
CAP-163		Anthropology Department Renovations/Relocation		$	400,000		3916
CAP-164		Chester Building Annex Demolition		$	921,583		3917
CAP-165		Bakers Building Renovations		$	1,328,583		3918
CAP-166		Playhouse Square Center - Hanna Theatre		$	750,000		3919
CAP-167		Cleveland State University Windtower Generator Project		$	400,000		3920
CAP-168		Kenston Wind Turbine Project in Geauga (CSU Engineering Department)		$	300,000		3921
CAP-169		Cleveland Museum of Art		$	3,000,000		3922
Total Cleveland State University				$	22,011,916 18,261,916		3923

Appropriations

Sec. 235.30.70. CCC CUYAHOGA COMMUNITY COLLEGE

3925

CAP-031		Basic Renovations		$	3,866,782		3926
CAP-095		Collegewide Asset Protection and Building Codes Upgrade		$	2,411,797		3927
CAP-099		Hospitality Management Program		$	4,000,000		3928
CAP-100		Theater/Auditorium Renovations		$	4,036,552		3929
CAP-101		Nursing Clinical Simulation Center		$	250,000		3930
CAP-102		Rock and Roll Hall of Fame Archives		$	200,000		3931
CAP-166		Playhouse Square Center - Hanna Theatre		$	750,000		3932
CAP-169		Cleveland Museum of Art		$	3,000,000		3933
Total Cuyahoga Community College				$	14,765,131 18,515,131		3934

Sec. 237.10. All items set forth in this section are hereby	3936
appropriated out of any moneys in the state treasury to the credit	3937
of the Parks and Recreation Improvement Fund (Fund 035), that are	3938
not otherwise appropriated.	3939

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

3940

CAP-012		Land Acquisition - Statewide		$	500,000		3941
CAP-169		Lake White State Park - Dam Rehabilitation		$	5,500,000		3942
CAP-390		State Park Maintenance Facility Development - Middle Bass Island State Park Mitigation Costs		$	2,000,000		3943
CAP-701		Buckeye Lake State Park - Dam Rehabilitation		$	4,000,000		3944
CAP-702		Upgrade Underground Fuel Storage Tanks - Statewide		$	250,000		3945
CAP-716		Muskingum River Parkway - Locks and Dam Rehabilitation		$	1,000,000		3946
CAP-748		Local Parks Projects		$	16,201,700		3947
CAP-753		Project Planning		$	250,000		3948
CAP-836		State Park Renovations/Upgrading - Dillon Environmental Restoration Project (Corps Grant Match)		$	600,000		3949
CAP-876		Statewide Trails Program		$	6,140,000		3950
CAP-881		Dam Rehabilitation - Parks		$	1,017,600		3951
CAP-929		Hazardous Waste/Asbestos Abatement - Statewide		$	150,000		3952
CAP-931		Statewide Wastewater/Water Systems Upgrade		$	2,500,000		3953
Total Department of Natural Resources				$	40,109,300		3954
TOTAL Parks and Recreation Improvement Fund				$	40,109,300		3955

FEDERAL REIMBURSEMENT

3956

All reimbursements received from the federal government for	3957
any expenditures made pursuant to this section shall be deposited	3958
in the state treasury to the credit of the Parks and Recreation	3959
Improvement Fund (Fund 035).	3960

LOCAL PARKS PROJECTS

3961

Of the foregoing appropriation item CAP-748, Local Parks	3962
Projects, $2,000,000 shall be used for the Center City Park in	3963
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	3964
$1,000,000 shall be used for the East Bank/Flats Project;	3965
$1,000,000 shall be used for the Scioto Mile; $1,500,000 shall be	3966
used for the Franklin Park Conservatory; $1,000,000 shall be used	3967
for Kroc Community Park Improvements; $640,000 shall be used for	3968
the Cuyahoga River Corridor Glens Park; $540,000 shall be used for	3969
Tar Hollow State Park Improvements; $515,000 shall be used for the	3970
Cleveland Zoological Society; $400,000 shall be used for the Hi-Y;	3971
$300,000 shall be used for the Colerain Township Heritage Park;	3972
$300,000 shall be used for the Columbus Zoo; $300,000 shall be	3973
used for the Fremont Park and Athletic Facilities; $250,000 shall	3974
be used for the Gahanna South Flood Plain Project; $250,000 shall	3975
be used for the Sippo Lake Park/Canal Way; $250,000 shall be used	3976
for Van Buren State Park Land Acquisitions; $250,000 shall be used	3977
for the City of Wellston Veterans Park; $250,000 shall be used for	3978
the City of Jackson Bike Path; $250,000 shall be used for	3979
Cambridge Park Improvements; $250,000 shall be used for the	3980
Brunswick Nature Preserve; $200,000 shall be used for North	3981
Royalton Recreational Park Improvements; $200,000 shall be used	3982
for Harrison Village Historical Society-Phoenix Park Museum;	3983
$200,000 shall be used for Ault Park Improvements; $200,000 shall	3984
be used for Indian Lake State Park Dredging Improvements; $200,000	3985
shall be used for the Belmont Carnes Center; $191,000 shall be	3986
used for Deerfield Township Simpson Creek Erosion Mitigation and	3987
Bank Control; $185,000 shall be used for the City of Wilmington	3988
Park Upgrades/Tennis Courts; $175,700 shall be used for the	3989
Georgetown Community Tennis Park; $170,000 shall be used for	3990
Violet Township Park Land Acquisition; $150,000 shall be used for	3991
Kelleys Island Park Improvements; $150,000 shall be used for	3992
Ironton Port Authority Green Space Acquisition; $150,000 shall be	3993
used for Perry Township Camp Improvements; $122,000 shall be used	3994
for Sandusky Plains Environmental Nature Preserve; $100,000 shall	3995
be used for Mountain Bike Park/Midtown Cleveland; $100,000 shall	3996
be used for Delhi Park Veteran's Memorial Wall; $100,000 shall be	3997
used for The Mentor Lagoons Nature Preserve; $100,000 shall be	3998
used for the Chester Township Park; $100,000 shall be used for	3999
Thompson Park Renovations in East Liverpool; $100,000 shall be	4000
used for the Aullwood Audubon Center; $75,000 shall be used for	4001
Perry Township Park; $75,000 shall be used for Hocking River Park	4002
Complex of Athens County; $69,000 shall be used for Miami Erie	4003
Canal Repairs in Spencerville; $65,000 shall be used for Star Mill	4004
Skate Park Improvements; $60,000 shall be used for Marseilles	4005
Reservoir Bulk Head Project; $50,000 shall be used for	4006
Beavercreek/John Aekeney Soccer Field and Park; $50,000 shall be	4007
used for the Beavercreek Community Athletic Association Facility	4008
and Park Upgrade; $50,000 shall be used for the Delaware Skate	4009
Park; $50,000 shall be used for the Columbus Zoo Education Center;	4010
$50,000 shall be used for Dillon State Park Upgrades; $50,000	4011
shall be used for Indian Lake State Park Shoreline Improvements;	4012
$40,000 shall be used for Athens Village of Glouster Park	4013
Improvements; $30,000 shall be used for Harold Miller Memorial	4014
Park Improvements; $25,000 shall be used for Grand Lake St. Marys	4015
Improvements; $25,000 shall be used for Geauga Veterans Monument	4016
Park Improvements; $25,000 shall be used for the Conesville	4017
Community Children's Park; $25,000 shall be used for the Cambridge	4018
Skate Park; $19,000 shall be used for East Fork State Park-Harsha	4019
Lake Dock Improvements; $10,000 shall be used for the Marine Corps	4020
League Park/Monument; $10,000 shall be used for Huntington	4021
Township Park Improvements; $5,000 shall be used for Morrow County	4022
Bicentennial Park; and $5,000 shall be used for the Galion	4023
Memorial Veterans Park.	4024

STATEWIDE TRAILS PROGRAM

4025

Of the foregoing appropriation item CAP-876, Statewide Trails	4026
Program, $2,000,000 shall be used for the Ohio to Erie Trail by	4027
Franklin County Metro Parks; $1,900,000 shall be used for the	4028
Cuyahoga Towpath Trail; $500,000 shall be used for Henry County	4029
Park and Bike Trails; $400,000 shall be used for the Prairie Grass	4030
Trail; $330,000 shall be used for the Williamsburg/Batavia Hike	4031
and Bike Trail; $200,000 shall be used for the Xenia-Jamestown	4032
Connector Trail Project; $100,000 shall be used for Tri-County	4033
Triangle Trail Funding; and $210,000 shall be used for the	4034
Trumbull Bike Trail.	4035

COLUMBUS FIRE FIGHTER'S HALL

4036

Notwithstanding division (F) of section 154.22 of the Revised	4037
Code and Section 42 of Am. Sub. H.B. 850 of the 122nd General	4038
Assembly, the City of Columbus may use funds appropriated from the	4039
Parks and Recreation Improvement Fund (Fund 035) to convey an	4040
approximate 60-foot by 72-foot tract of land to the Columbus	4041
Firefighters Union Local #67 to be used for administrative	4042
offices. The conveyance shall be conditioned upon: (1) Columbus	4043
Firefighters Union Local #67 using their private funds to improve	4044
the adjacent tract of land (approximately 60-feet by 106-feet) as	4045
a first class park to be owned by the City of Columbus and open to	4046
the public, consistent with plans approved in writing by the City	4047
of Columbus; (2) the Firefighters Union Local #67 covenant that	4048
the Grand Assembly Hall of the adjacent historical Toledo and Ohio	4049
Central Railway Depot shall be open to public use on a reasonable	4050
basis; and (3) the City of Columbus retaining a right of first	4051
refusal to reacquire the property conveyed.	4052

Section 403.06. That existing Sections 235.20.20, 235.30.70,	4053
and 237.10 of Am. Sub. H.B. 699 of the 126th General Assembly are	4054
hereby repealed.	4055

Section 545.03.  The amendment by this act of section 4561.18	4056
of the Revised Code shall first apply to the registration form to	4057
be filed and associated license tax to be paid in 2007. If a	4058
taxpayer has filed the registration for 2007 and paid the tax due	4059
for 2007, and the amendment by this act of section 4561.18 of the	4060
Revised Code results in a reduction of the aircraft license tax	4061
due in 2007, the taxpayer is entitled to claim a refund of the	4062
excess tax paid using procedures the Ohio Department of	4063
Transportation shall establish for the purpose. Any refund claim	4064
authorized under this section shall be filed with the Department	4065
of Transportation on or before December 31, 2007, and the refund	4066
shall be paid within ninety days after the filing of the refund	4067
claim.	4068

Section 550.10. FEDERAL JUSTICE GRANTS FUND

4069

The Federal Justice Grants Fund created by the amendment by	4070
this act of section 5502.62 of the Revised Code is the same fund,	4071
with a new name, as the Justice Programs Fund (Fund 3L5).	4072

Section 550.20. JUSTICE PROGRAM SERVICES FUND

4073

The Justice Program Services Fund created by section 5502.67	4074
of the Revised Code is the same fund, with a new name, as the	4075
General Services Fund (Fund 4P6).	4076

Section 555.05. The Director of Public Safety, in accordance	4077
with section 205(b) of the REAL ID Act of 2005, Pub. L. No.	4078
109-13, 119 Stat. 231, 315, 49 U.S.C. 30301 note, and rules	4079
adopted thereunder, shall request an extension of time to meet the	4080
requirements of the REAL ID Act of 2005. The request shall comply	4081
with requirements of the Department of Homeland Security and shall	4082
notify the Department of the necessity for additional time to	4083
enable Ohio to implement the rules of the Department. The Director	4084
shall make the request as soon as practicable, but not later than	4085
October 1, 2007.	4086

Section 555.10. (A) On or before December 31, 2007, a	4087
transportation improvement district and any two or more	4088
governmental agencies may enter into an agreement providing for	4089
the joint financing of any street, highway, interchange, or other	4090
transportation project. Any such agreement shall be approved by	4091
resolution or ordinance passed by the legislative authority of	4092
each of the parties to such agreement, which resolution or	4093
ordinance shall authorize the execution thereof by a designated	4094
official or officials of each of such parties, and such agreement,	4095
when so approved and executed, shall be in full force and effect.	4096

(B)(1) Subject to division (B)(2) of this section, any party	4097
to such an agreement may issue and, notwithstanding any other	4098
provision of the Revised Code, a district may purchase directly	4099
from the party as an investment, securities to evidence the	4100
obligations of that party to the district pursuant to the	4101
agreement for its portion of the cost of the project pursuant to	4102
Chapter 133. or other applicable provisions of the Revised Code.	4103

(2) More than half of the property necessary for any project	4104
undertaken pursuant to an agreement under this section for which a	4105
district is purchasing securities under division (B)(1) of this	4106
section shall be located within the territory of the	4107
transportation improvement district.	4108

(C) Any term used in this section has the same meaning as	4109
defined in section 5540.01 of the Revised Code, as amended by this	4110
act, unless the context clearly requires another meaning.	4111

Section 555.15. The Director of Transportation may enter into	4112
agreements as provided in this section with the United States or	4113
any department or agency of the United States, including, but not	4114
limited to, the United States Army Corps of Engineers, the United	4115
States Forest Service, the United States Environmental Protection	4116
Agency, and the United States Fish and Wildlife Service. An	4117
agreement entered into pursuant to this section shall be solely	4118
for the purpose of dedicating staff to the expeditious and timely	4119
review of environmentally related documents submitted by the	4120
Department of Transportation, as necessary for the approval of	4121
federal permits. The Director shall submit a request to the	4122
Controlling Board indicating the amount of the agreement, the	4123
services to be performed by the United States or the department or	4124
agency of the United States, and the circumstances giving rise to	4125
the agreement.	4126

Section 555.20. The Department of Transportation shall erect	4127
and maintain the following signs:	4128

(1) One sign next to each eastbound and westbound roadway of	4129
Interstate Highway 70 approaching Exit Number 28 that reads	4130
"Sinclair College Englewood Learning Center."	4131

(2) One sign next to each eastbound and westbound roadway of	4132
Interstate Highway 70 approaching Exit Number 38 that reads	4133
"Sinclair College Huber Learning Center."	4134

The signs shall conform to the provisions contained in the	4135
manual adopted by the Department pursuant to section 4511.09 of	4136
the Revised Code regarding the size, coloring, lettering, and	4137
installation location of the signs.	4138

Section 557.10. Notwithstanding Chapter 5735. of the Revised	4139
Code, the following shall apply for the period of July 1, 2007,	4140
through June 30, 2009:	4141

(A) For the discount under section 5735.06 of the Revised	4142
Code, if the monthly report is timely filed and the tax is timely	4143
paid, 1.0 per cent of the total number of gallons of motor fuel	4144
received by the motor fuel dealer within the state during the	4145
preceding calendar month, less the total number of gallons	4146
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	4147
the Revised Code, less 0.50 per cent of the total number of	4148
gallons of motor fuel that were sold to a retail dealer during the	4149
preceding calendar month.	4150

(B) For the semiannual periods ending December 31, 2007, June	4151
30, 2008, December 31, 2008, and June 30, 2009, the refund	4152
provided to retail dealers under section 5735.141 of the Revised	4153
Code shall be 0.50 per cent of the Ohio motor fuel taxes paid on	4154
fuel purchased during those semiannual periods.	4155

Section 557.11. Each retail dealer is allowed a vendor	4156
discount equal to 0.90% of the motor fuel taxes paid on motor fuel	4157
purchased by the retail dealer during each of the semiannual	4158
periods occurring during the biennium beginning July 1, 2007, and	4159
ending June 30, 2009. The vendor discount shall be refunded to the	4160
retail dealer upon application by the dealer to the Tax	4161
Commissioner within 120 days after the end of each such semiannual	4162
period in the manner prescribed by the Tax Commissioner. The	4163
vendor discount is in addition to any other refund allowed the	4164
dealer under Section 557.10 of this act. The vendor discount shall	4165
be paid in the same manner and from the same fund as prescribed in	4166
section 5735.141 of the Revised Code. As used in this section,	4167
"motor fuel" and "retail dealer" have the same meanings as in	4168
section 5735.01 of the Revised Code.	4169

Section 571.10. (A) Notwithstanding the limitations in	4170
section 3313.41 of the Revised Code pertaining to the disposal of	4171
real estate, the South Point Board of Education is hereby	4172
authorized to execute a deed conveying to the Superintendent of	4173
the State Highway Patrol and its successors and assigns all of the	4174
Board's right, title, and interest in the following described real	4175
estate:	4176

A certain tract of land situate in the southeast quarter of	4177
Section 29, Township 1 North, Range 16 West, Perry Township,	4178
Lawrence County, Ohio, on the waters of Willow Creek, and being	4179
more particularly bounded and described as follows:	4180

Beginning for reference at a 1" iron pin (found) at the	4181
intersection of the centerline of County Road No. 60, commonly	4182
known as Sand Road, with the centerline of Township Road No. 161,	4183
commonly known as Willow Creek Road, and being on the line between	4184
Sections 29 and 32, marking a corner common to the lands now or	4185
formerly owned by Merle D. Adams, et ux, (D.V. 577, Pg. 110), and	4186
the lands now owned by the South Point Local Board of Education,	4187
(O.R.V. 316, Pg. 578), from which a window weight (found), on the	4188
said section line, bears: South 86° 47' 15" East 315.67 feet;	4189
thence, leaving the centerline of the said County Road No. 60, and	4190
the centerline of the said Township Road No. 161, and severing the	4191
said Section 29, North 64° 32' 11 East 646.96 feet to a point in	4192
the centerline of the said Township Road No. 161, and being in the	4193
line between the lands now or formerly owned by Brent Fugett,	4194
(O.R.V. 60, Pg. 192), and the lands of the said Board of	4195
Education, and marking the TRUE PLACE OF BEGINNING; thence,	4196
leaving the lands of the said Fugett and the centerline of the	4197
said Township Road No. 161, and severing the lands of the said	4198
Board of Education, as follows:	4199

North 22° 55' 17" West, crossing Willow Creek, and passing a	4200
5/8" x 32" reinforcing rod with a red plastic cap stamped "Eastham	4201
& Associates" (set), at 48.16 feet, in all 187.00 feet to a 5/8" x	4202
32" reinforcing rod with a red plastic cap stamped "Eastham &	4203
Associates" (set),	4204

North 00° 44' 19" West 233.19 feet to a 5/8" x 32"	4205
reinforcing rod with a red plastic cap stamped "Eastham &	4206
Associates" (set),	4207

North 44° 39' 47" East 267.08 feet to a 5/8" x 32"	4208
reinforcing rod with a red plastic cap stamped "Eastham &	4209
Associates" (set),	4210

North 74° 13' 35" East 270.00 feet to a 5/8" x 32"	4211
reinforcing rod with a red plastic cap stamped "Eastham &	4212
Associates" (set),	4213

North 77° 34' 49" East 73.75 feet to a 5/8" x 32" reinforcing	4214
rod with a red plastic cap stamped "Eastham & Associates" (set)	4215
near a sharp bend in the said Creek,	4216

South 46° 39' 17" East, crossing the said Willow Creek, and	4217
passing a 5/8" x 32" reinforcing rod with a red plastic cap	4218
stamped "Eastham & Associates" (set), at 115.75 feet, in all	4219
129.24 feet to a point in the centerline of the said Township Road	4220
No. 161, and being in the line of the lands now or formerly owned	4221
by Janet R. Griffiths, (D.V. 558, Pg. 553); thence, with the lands	4222
of the said Griffiths, and with the centerline of the said	4223
Township Road No. 161, as follows:	4224

South 52° 48' 03" West 66.81 feet,

4225

South 49° 28' 30" West 65.96 feet,

4226

South 40° 51' 16" West 54.26 feet,

4227

South 38° 45' 31" West 81.05 feet,

4228

South 42° 08' 15" West 109.93 feet,

4229

South 39° 15' 42" West 78.12 feet,

4230

South 33° 26' 56" West 104.46 feet,

4231

South 33° 57' 48" West 74.78 feet,

4232

South 48° 04' 56" West, passing a corner common to the lands	4233
of the said Fugett, in all 96.67 feet; thence, with the lands of	4234
the said Fugett, and continuing with the centerline of the said	4235
Road No. 161,	4236

South 45° 33' 07" West 75.19 feet to the TRUE PLACE OF	4237
BEGINNING, containing 4.463 acres, more or less, as surveyed under	4238
the supervision of Ronald L. Eastham, Registered Professional	4239
Surveyor No. 6026, on July 25, 2006, and revised on September 18,	4240
2006, as shown on the attached plat and made a part of this	4241
description.	4242

The above described tract is a part of the same land as that	4243
described in a deed from Freddie L. Hayes, single, Danny J.	4244
Holschuh "AKA" Danny Holschuh and Lorelei Holschuh, husband and	4245
wife, dated September 24, 2004, and recorded in Official Record	4246
Volume 316, Page 578, in the Office of the Recorder of Lawrence	4247
County, Ohio.	4248

And being a part of (0.404 ac.) the Auditor's Tax Parcel No.	4249
15-124-1400.000, and a part of (4.059 ac.) the Auditor's Tax	4250
Parcel No. 15-124-1600.000.	4251

And being subject to all restrictions, reservations,	4252
rights-of-ways, easements, utilities, covenants, exceptions,	4253
conveyances, leases and exclusions previously imposed and	4254
appearing of record, and those not of record.	4255

(B) Consideration for the conveyance of the real estate	4256
described in division (A) of this section is the mutual benefit	4257
accruing to the state and the South Point Board of Education from	4258
the State Highway Patrol's construction of a new patrol post on	4259
the real estate.	4260

(C) Within one year after the effective date of this act, the	4261
South Point Board of Education shall prepare a deed to the real	4262
estate described in division (A) of this section. The deed shall	4263
state the consideration. The deed shall be executed by the South	4264
Point Board of Education and delivered to the Superintendent of	4265
the State Highway Patrol. The Superintendent of the State Highway	4266
Patrol shall present the deed for recording in the office of the	4267
Lawrence County Recorder.	4268

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

4269

Section 603.10. The items of law contained in this act, and	4270
their applications, are severable. If any item of law contained in	4271
this act, or if any application of any item of law contained in	4272
this act, is held invalid, the invalidity does not affect other	4273
items of law contained in this act and their applications that can	4274
be given effect without the invalid item of law or application.	4275

Section 609.10. Except as otherwise specifically provided in	4276
this act, the codified sections of law amended or enacted in this	4277
act, and the items of law of which the codified sections of law	4278
amended or enacted in this act are composed, are subject to the	4279
referendum. Therefore, under Ohio Constitution, Article II,	4280
Section 1c and section 1.471 of the Revised Code, the codified	4281
sections of law amended or enacted by this act, and the items of	4282
law of which the codified sections of law as amended or enacted by	4283
this act are composed, take effect on the ninety-first day after	4284
this act is filed with the Secretary of State. If, however, a	4285
referendum petition is filed against any such codified section of	4286
law as amended or enacted by this act, or against any item of law	4287
of which any such codified section of law as amended or enacted by	4288
this act is composed, the codified section of law as amended or	4289
enacted, or item of law, unless rejected at the referendum, takes	4290
effect at the earliest time permitted by law.	4291

Section 610.10.  (A) The amendment by this act of sections	4292
5751.032 and 5751.20 of the Revised Code provide for or are	4293
essential to the implementation of a tax levy. Therefore, under	4294
Ohio Constitution, Article II, Section 1d, those amendments and	4295
enactment are not subject to the referendum and take effect on	4296
July 1, 2007.	4297

(B) This section is not subject to the referendum. Therefore,	4298
under Ohio Constitution, Article II, Section 1d, this section goes	4299
into immediate effect when this act becomes law.	4300

Section 611.10. (A)(1) Insofar as the items of law in the	4301
uncodified sections of law contained in this act appropriate money	4302
for the current expenses of state government, earmark this class	4303
of appropriations, or depend for their implementation upon an	4304
appropriation of this class, the items of law are not subject to	4305
the referendum. To that extent therefore, under Ohio Constitution,	4306
Article II, Section 1d and section 1.471 of the Revised Code,	4307
these items of law go into immediate effect when this act becomes	4308
law.	4309

(2) Insofar as the items of law in the uncodified sections of	4310
law contained in this act appropriate money other than for the	4311
current expenses of state government, earmark this class of	4312
appropriations, or depend for their implementation upon an	4313
appropriation of this class, the items of law are subject to the	4314
referendum. To that extent therefore, under Ohio Constitution,	4315
Article II, Section 1c and section 1.471 of the Revised Code,	4316
these items of law take effect on the ninety-first day after this	4317
act is filed with the Secretary of State. If, however, a	4318
referendum petition is filed against such an item of law, the item	4319
of law, unless rejected at the referendum, takes effect at the	4320
earliest time permitted by law.	4321

(B) This section is not subject to the referendum. Therefore,	4322
under Ohio Constitution, Article II, Section 1d and section 1.471	4323
of the Revised Code, this section goes into immediate effect when	4324
this act becomes law.	4325

Section 611.20. Sections 550.10, 550.20, 557.10, and 571.10	4326
of this act and the items of law of which they are composed are	4327
subject to the referendum. Therefore, under Ohio Constitution,	4328
Article II, Section 1c and section 1.471 of the Revised Code, the	4329
sections and items of law take effect on the ninety-first day	4330
after this act is filed with the Secretary of State. If, however,	4331
a referendum petition is filed against any such section or against	4332
any such item of law, the section or item of law, unless rejected	4333
at the referendum, takes effect at the earliest time permitted by	4334
law.	4335

Section 615.10. The amendment by this act of Sections	4336
235.20.20 and 235.30.70 of Am. Sub. H.B. 699 of the 126th General	4337
Assembly is not subject to the referendum. Therefore, under Ohio	4338
Constitution, Article II, Section 1c and section 1.471 of the	4339
Revised Code, the amendment takes effect on the ninety-first day	4340
after this act is filed with the Secretary of State. If, however,	4341
a referendum petition is filed against the amendment, the	4342
amendment, unless rejected at the referendum, takes effect at the	4343
earliest time permitted by law.	4344

Section 620.10.  Section 4561.18 of the Revised Code is	4345
presented in this act as a composite of the section as amended by	4346
both Am. Sub. H.B. 66 and Am. Sub. S.B. 9 of the 126th General	4347
Assembly. The General Assembly, applying the principle stated in	4348
division (B) of section 1.52 of the Revised Code that amendments	4349
are to be harmonized if reasonably capable of simultaneous	4350
operation, finds that the composite is the resulting version of	4351
the section in effect prior to the effective date of the section	4352
as presented in this act.	4353