Cosponsors:
Senators Gardner, Spada, Goodman, Seitz, Buehrer, Schuring, Fedor, Austria, Cates, Grendell, Harris, Kearney, Mason, Niehaus, Padgett, Sawyer, Schaffer, Smith, Stivers, Wilson, Wagoner
Representatives Aslanides, Schlichter, Carmichael, Chandler, DeBose, Domenick, Driehaus, Fende, Flowers, Garrison, Hite, Letson, Newcomb, Peterson, Reinhard, Schindel, Uecker, Yuko, Zehringer
Section 1. That sections 305.12, 308.04, 503.01, 715.72, | 36 |
715.74, 715.75, 715.76, 715.761, 715.77, 715.78, 715.81, 4501.21, | 37 |
4517.21, 4765.43, 4931.61, 4931.62, 4931.63, 4931.64, 4931.65, | 38 |
4931.66, and 4931.70 be amended and sections 4503.712, 4513.66, | 39 |
4765.431, and 4931.651 of the Revised Code be
enacted to read as | 40 |
follows: | 41 |
Sec. 305.12. The board of county commissioners may sue and | 42 |
be sued, and plead
and be impleaded, in any court. It may bring, | 43 |
maintain, and defend suits
involving an injury to any public, | 44 |
state, or county road, bridge, ditch,
drain, or watercourse in the | 45 |
county with respect to which the county has the
primary | 46 |
responsibility to keep in proper repair, and for the prevention of | 47 |
injury to them. The board shall demand and receive, by suit or | 48 |
otherwise, any
real estate or interest in real estate, legal or | 49 |
equitable, belonging to the
county, or any money or other property | 50 |
due the county. The money so recovered
shall be paid into the | 51 |
county treasury, and the board shall take the county
treasurer's | 52 |
receipt for it and file it with the county auditor. The board of | 53 |
county commissioners may enter into contracts with municipal | 54 |
corporations and townships pursuant to division (D) of section | 55 |
715.72 of the Revised Code. | 56 |
Each member of the board of trustees, before entering upon
| 61 |
the
member's official
duties, shall take and subscribe to an
oath | 62 |
or affirmation that
the member will
honestly, faithfully,
and | 63 |
impartially perform the duties of office,
and
that the
member | 64 |
will not be interested directly or indirectly
in any
contract let | 65 |
by
the regional airport authority. Any contract let
by the | 66 |
regional airport authority in which a member of the board
of | 67 |
trustees is directly or indirectly interested is void and | 68 |
unenforceable, unless a member with an interest in a contract | 69 |
first discloses the member's interest in writing to the remaining | 70 |
members of the board and the member with the interest refrains | 71 |
from any participation in the matter. | 72 |
Sec. 503.01. Each civil township is a body politic and | 84 |
corporate, for the purpose of enjoying and exercising the rights | 85 |
and privileges conferred upon it by law. It may sue and be sued, | 86 |
plead and be impleaded, and receive and hold real estate by
devise | 87 |
or deed, or receive and hold personal property for the
benefit of | 88 |
the township for any useful purpose. The board of
township | 89 |
trustees shall hold such property in trust for the
township for | 90 |
the purpose specified in the devise, bequest, or
deed of gift. | 91 |
Such board may also receive any conveyance of real
estate to the | 92 |
township, when necessary to secure or pay a debt or
claim due such | 93 |
township, and may sell and convey real estate so
received. The | 94 |
proceeds of such sale shall be applied to the fund
to which such | 95 |
debt or claim belonged. The board of township
trustees may acquire | 96 |
real property within the unincorporated
territory of the township | 97 |
in order to provide needed public
improvements to the property | 98 |
pursuant to sections 5709.73 to
5709.75 of the Revised Code. The | 99 |
board of township trustees may
enter into contracts with municipal | 100 |
corporations pursuant to
section 715.70, 715.71, or 715.72 of the | 101 |
Revised Code, and with counties pursuant to division (D) of | 102 |
section 715.72 of the Revised Code, to create a joint
economic | 103 |
development district. | 104 |
(C) One or more municipal corporations and, one or more | 132 |
townships, and, under division (D) of this section, one or more | 133 |
counties may enter into a contract pursuant to which they create | 134 |
as a joint economic development district one or more areas for
the | 135 |
purpose of facilitating economic development to create or
preserve | 136 |
jobs and employment opportunities and to improve the
economic | 137 |
welfare of the people in this state and in the area of
the | 138 |
contracting parties. | 139 |
(1) Except as otherwise provided in division (C)(2) of
this | 140 |
section, the territory of each of the contracting parties
shall be | 141 |
contiguous to the territory of at least one other contracting | 142 |
party,
or contiguous to the
territory of a township or, municipal | 143 |
corporation, or county that is contiguous to another
contracting | 144 |
party, even if the intervening township or municipal corporation | 145 |
is not a contracting party. | 146 |
(2) Contracting parties that have entered
into a contract | 147 |
under section 715.70 or 715.71 of the Revised Code creating a | 148 |
joint economic
development district prior to
November 15, 1995, | 149 |
may enter
into a contract under this section even if the territory | 150 |
of each of the
contracting parties is not contiguous to the | 151 |
territory of at least one other
contracting party, or contiguous | 152 |
to the territory of a township or
municipal corporation that is | 153 |
contiguous to another contracting party as
otherwise required | 154 |
under division (C)(1) of this section. The
contract and district | 155 |
shall meet
the requirements of sections 715.72 to 715.81 of the | 156 |
Revised Code. | 157 |
Sec. 715.74. (A) The contract creating a joint economic | 164 |
development district shall
provide for the amount or nature of the | 165 |
contribution of each
contracting party to the development and | 166 |
operation of the district and may provide for the sharing of the | 167 |
costs of the operation of and improvements for the district. The | 168 |
contributions may be in any form to which the contracting
parties | 169 |
agree and may include, but
are not limited to, the provision of | 170 |
services, money, real or
personal property, facilities, or | 171 |
equipment. The contract may provide for
the contracting parties to | 172 |
share revenue from taxes levied on property by one
or more of the | 173 |
contracting parties, if those revenues may lawfully be applied
to | 174 |
that purpose under the legislation by which those taxes are | 175 |
levied.
The contract shall
specify and provide for new, expanded, | 176 |
or additional services, facilities, or
improvements. The contract | 177 |
may provide for expanded or additional capacity
for or other | 178 |
enhancement of existing services, facilities, or improvements. | 179 |
(C)(1) The contract may grant to the
board the power to adopt | 184 |
a resolution to levy an income tax
within the district and the | 185 |
contract may designate certain portions of the
district
where | 186 |
such an income tax may be levied. The income tax shall be
used for | 187 |
the
purposes of the district or any portion of the
district in | 188 |
which the
contract authorizes an income tax and for
the purposes | 189 |
of the contracting
parties pursuant to the contract.
The income | 190 |
tax may be levied in the
district based on income
earned by | 191 |
persons working within the district and
based on the net
profits | 192 |
of businesses located in the district, but the income of
an | 193 |
individual who resides in the district shall not be subject to | 194 |
such income tax unless the income is received for personal | 195 |
services performed in the district. The income
tax of the district | 196 |
shall follow the provisions of Chapter 718. of the Revised
Code, | 197 |
except that no vote shall be required. The rate of
the income tax | 198 |
shall be no higher than the highest rate being
levied by a | 199 |
municipal corporation that is a contracting party. | 200 |
(D) The contract creating a joint economic
development | 216 |
district shall continue in existence throughout its
term and shall | 217 |
be binding on the contracting parties and on any
parties | 218 |
succeeding to the contracting parties, whether by
annexation, | 219 |
merger, or consolidation. Except as provided in division
(E) of | 220 |
this section, the contract may be
amended, renewed, or terminated | 221 |
with the approval of the
contracting parties or any parties | 222 |
succeeding to the contracting parties.
If the contract is amended | 223 |
to add area to an existing district, the
amendment shall be | 224 |
adopted in the manner prescribed under section 715.761
of the | 225 |
Revised Code. | 226 |
(E) If two or more contracting parties previously have | 227 |
entered into a
separate
contract for utility services, then | 228 |
amendment, renewal, or
termination of the separate contract for | 229 |
utility services shall
not constitute any part of the | 230 |
consideration
for the contract creating a joint economic | 231 |
development district. A
contract creating a joint economic | 232 |
development district shall be rebuttably
presumed to violate this | 233 |
division if it is entered into within two years
prior or five | 234 |
years subsequent to the amendment, renewal, or
termination of a | 235 |
separate contract for utility services that two
or more | 236 |
contracting parties previously have entered into. The
presumption | 237 |
stated in this division may be rebutted by clear and
convincing | 238 |
evidence of both of the following: | 239 |
Sec. 715.75. Before the legislative authority of any
of the | 249 |
contracting parties adopts an
ordinance or resolution approving a | 250 |
contract to create a joint
economic development district, the | 251 |
legislative authority
of each of the contracting parties shall | 252 |
hold a public hearing concerning the
contract and district. Each
| 253 |
legislative authority shall provide at
least thirty days'
public | 254 |
notice of the time and place of the
public hearing in a
newspaper | 255 |
of general circulation in the
municipal corporation or,
township, | 256 |
or county, as applicable. During the thirty-day
period
prior to | 257 |
the public hearing and until the filing is made under section | 258 |
715.76
of the Revised Code, all of the following documents
shall | 259 |
be available for public inspection in the office of the
clerk of | 260 |
the legislative authority of
a municipal corporation and county | 261 |
that is
a contracting party and in the office of the fiscal | 262 |
officer of
a township that is a contracting
party: | 263 |
Before any of the contracting parties approves a contract | 280 |
under section 715.76 of the Revised Code, the contracting parties | 281 |
shall
deliver a copy of the contract to the board of county | 282 |
commissioners of each county in which a contracting party is | 283 |
located. Any such county may
enter into an agreement with the | 284 |
contracting parties regarding
the provision of services by the | 285 |
county within the proposed
district and may enter into an | 286 |
agreement with the contracting
parties to extend services to the | 287 |
area or areas to be included
in the district. A county that is a | 288 |
contracting party under division (D) of section 715.72 of the | 289 |
Revised Code is entitled to a copy of the contract as if the | 290 |
county were not a contracting party. Such a county may enter into | 291 |
an agreement with the other contracting parties regarding its | 292 |
provision or extension of services within the proposed district as | 293 |
contemplated by the contract. | 294 |
Sec. 715.76. After the public hearings required under | 295 |
section 715.75 of the Revised Code have been held, each | 296 |
contracting party may adopt an ordinance or resolution approving | 297 |
the contract to create a joint economic development district.
| 298 |
After each contracting party has adopted
an ordinance or | 299 |
resolution, the contracting parties jointly shall file with the | 300 |
legislative authority of each county within which a contracting | 301 |
party is located all of the following documents: | 302 |
Not later than ten days after all of the documents described | 332 |
in divisions
(A) to (G) of this
section have been filed, each | 333 |
contracting party shall give notice to those
owners of property | 334 |
within the area or areas to be included in the district who
did | 335 |
not sign the petition described in division (F) of this section | 336 |
and whose property is located within the boundaries of that | 337 |
contracting party
and to those owners of businesses, if any, | 338 |
within the area or areas to be
included in the district who did | 339 |
not sign the petition described in division
(G) of this section | 340 |
and whose property is located within the
boundaries of that | 341 |
contracting party. Notice shall be given by certified mail
and | 342 |
shall specify that the owners of property and businesses are | 343 |
located
within the area or areas to be included in the district | 344 |
and that all of the
documents described in divisions (A) to (C) of | 345 |
section
715.75 of the Revised Code are available for public | 346 |
inspection in the office of the clerk of
the legislative authority | 347 |
of each municipal corporation and county that is a contracting | 348 |
party or the
office of the
fiscal officer of each township that
is | 349 |
a
contracting party. The contracting parties shall equally
bear | 350 |
the cost of
providing notice under this section. | 351 |
If the contracting parties do not file all of the
documents | 352 |
described in divisions (A)
to (G) of this section, the
legislative | 353 |
authority of a county that is not a contracting party within which | 354 |
a contracting
party
is located may adopt a resolution disapproving | 355 |
the
creation of the
joint economic development district. In | 356 |
addition, the legislative
authority of
the county may adopt a | 357 |
resolution disapproving
the creation of the district if it | 358 |
determines, in written findings
of fact, that each contracting | 359 |
party did not enter into the
contract freely and without
duress or | 360 |
coercion. | 361 |
(B) An amendment adding
area to a district shall be approved | 367 |
by a resolution or
ordinance adopted by each of the contracting | 368 |
parties. The
contracting parties shall conduct public hearings on | 369 |
the
amendment, provide notice, and deliver a copy of the amendment | 370 |
to the legislative authority of the county in which the added
area | 371 |
is located in the manner required under section 715.75 of
the | 372 |
Revised
Code for original contracts. The legislative authority of | 373 |
a county that is a contracting party under division (D) of section | 374 |
715.72 of the Revised Code is entitled to a copy of the amendment | 375 |
as if the county were not a contracting party. The
contracting | 376 |
parties shall make available for public
inspection a copy of the | 377 |
amendment, a description of the area to
be added to the district, | 378 |
and a map of that area in sufficient
detail to denote the specific | 379 |
boundaries of the area and to
indicate any zoning restrictions | 380 |
applicable to the area. | 381 |
(6) The petition otherwise required under division
(F) of | 399 |
section 715.76 of the Revised Code shall be
signed by a majority | 400 |
of the owners of property located in the
area to be added to the | 401 |
district, the petition otherwise
required under division (G) of | 402 |
that section shall be signed by a majority of the owners of | 403 |
businesses, if any, located in the area to be added to the | 404 |
district, and the petitions shall specify that the documents | 405 |
described in division (B) of
this section are available for public | 406 |
inspection as otherwise
required under section 715.75 of the | 407 |
Revised Code. | 408 |
(2) Unless the
legislative authority of a
county adopts a | 430 |
resolution under section 715.76 of the
Revised Code
disapproving | 431 |
the
creation of a joint economic development district within | 432 |
thirty days after the
filing made
under that section, the | 433 |
legislative authority of each such county shall adopt
a resolution | 434 |
acknowledging the receipt of the required documents, approving
the | 435 |
creation of the joint economic development district, and, if the | 436 |
board of township trustees has not invoked its authority under | 437 |
division
(A)(1) of this section,
directing that the resolution of | 438 |
the board of township trustees
approving the contract creating the | 439 |
joint economic development district be
submitted to the electors | 440 |
of the
township for approval at the next succeeding general, | 441 |
primary, or
special election. If the board of township trustees | 442 |
chooses to
submit approval of the contract to the electors of the | 443 |
township, the
legislative authority of the county shall
file with | 444 |
the board of elections at least seventy-five days
before the day | 445 |
of the election a copy of the resolution of the
board of township | 446 |
trustees approving the contract. The
resolution of the legislative | 447 |
authority of the county also shall
specify the date the election | 448 |
is to be held and shall direct the
board of elections to conduct | 449 |
the election in the township. | 450 |
(3) If the resolution of the legislative authority of the | 451 |
county is not
adopted within the thirty-day period after the | 452 |
filing made under
section 715.76 of the Revised Code, the joint | 453 |
economic development
district shall be deemed approved by the | 454 |
county legislative
authority and, if the board of township | 455 |
trustees has not invoked its
authority under division (A)(1) of | 456 |
this section, the board
of township trustees shall file its | 457 |
resolution with the board of elections for submission to the | 458 |
electors of the township for approval at the next succeeding | 459 |
general, primary, or special election. In such case, the
board of | 460 |
township trustees shall
file the resolution at
least seventy-five | 461 |
days before the specified date the election
is to be held and | 462 |
shall direct the board of elections to conduct
the election in the | 463 |
township. | 464 |
If the board of township trustees chooses pursuant to | 470 |
division
(A)(1) of this section not to submit the approval of the | 471 |
contract to
the electors, the resolution of the board of township | 472 |
trustees approving the
contract is subject to a referendum of the | 473 |
electors of the township when
requested through a petition. When | 474 |
signed by ten per cent of the number of
electors in the township | 475 |
who voted for the office of governor at the most
recent general | 476 |
election, a referendum petition asking that the resolution be | 477 |
submitted to the electors of the township may be presented to the | 478 |
board of
township trustees. Such a petition shall be presented | 479 |
within thirty days
after the board of township trustees adopts the | 480 |
resolution. The board of
township trustees shall, not later than | 481 |
four p.m. of
the tenth day after
receipt of the petition, certify | 482 |
the text of the resolution to the board of
elections. The board of | 483 |
elections shall submit the resolution to the electors
of the | 484 |
township for their approval or rejection at the next general, | 485 |
primary,
or special election occurring at least seventy-five days | 486 |
after such
certification. | 487 |
The members of the board shall be appointed as provided in | 521 |
the contract. Of the members initially appointed to the board, the | 522 |
member described in division (A)(1)(a) of this
section shall serve | 523 |
a term of one year; the member
described in division (A)(1)(b) of | 524 |
this section shall
serve a term of two years; the member
described | 525 |
in division (A)(1)(c) of this section shall
serve a term of three | 526 |
years; and the
members described in divisions (A)(1)(d) and
(e) of | 527 |
this section shall serve terms of
four years. Thereafter, terms | 528 |
for each member shall be for four
years, each term ending on the | 529 |
same day of the same month of the
year as did the term that it | 530 |
succeeds. A member may be reappointed to the
board, but no member | 531 |
shall serve more than two consecutive terms on the board. | 532 |
The members of the board shall be appointed as provided in | 547 |
the contract. Of the members initially appointed to the board, the | 548 |
member described in division (A)(2)(a) of this
section shall serve | 549 |
a term of one year; the member
described in division (A)(2)(b) of | 550 |
this section shall
serve a term of two years; and the member | 551 |
described in division (A)(2)(c) of this section shall
serve a term | 552 |
of three years. Thereafter,
terms for each member shall be for | 553 |
four years, each term ending
on the same day of the same month of | 554 |
the year as did the term
that it succeeds. A member may be | 555 |
reappointed to the board, but
no member shall serve more than two | 556 |
consecutive terms on the
board. | 557 |
(C) Membership on the board of directors of a joint economic | 565 |
development
district is
not the holding of a public office or | 566 |
employment within the
meaning of any section of the Revised
Code | 567 |
or any charter provision prohibiting the holding of other public | 568 |
office
or employment. Membership
on such a board is not a direct | 569 |
or indirect interest
in a contract or expenditure of money by a | 570 |
municipal
corporation, township, county, or other political | 571 |
subdivision
with which a member may be affiliated. Notwithstanding | 572 |
any
provision of law or a charter to the contrary, no member of a | 573 |
board of directors of a joint economic development district
shall | 574 |
forfeit or be disqualified from holding any public office
or | 575 |
employment by reason of membership on the board. | 576 |
Sec. 715.81. The powers granted under sections 715.72 to | 581 |
715.81 of the
Revised Code are in addition to and not in the | 582 |
derogation of all other powers
granted to municipal corporations | 583 |
and, townships, and counties pursuant to law. When
exercising a | 584 |
power or performing a
function or duty under a contract entered | 585 |
into under section 715.72 of the
Revised Code, a municipal | 586 |
corporation may exercise all of the powers of a
municipal | 587 |
corporation, and may perform all the functions and duties of a | 588 |
municipal corporation, within the joint economic development | 589 |
district,
pursuant to and
to the extent consistent with the | 590 |
contract. When exercising a power or
performing a function or duty | 591 |
under a contract entered into under
either section 715.691 or | 592 |
715.72 or section 715.691 of the Revised Code, a
township may | 593 |
exercise all of the powers of a township, and may perform all the | 594 |
functions and duties of a township, within the joint economic | 595 |
development
district, or joint economic development zone that is | 596 |
subject to division
(I)(2) of section 715.691 of the Revised Code, | 597 |
pursuant to and to the
extent consistent with the contract. No | 598 |
No
political subdivision shall grant any tax exemption under | 605 |
Chapter
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of | 606 |
the Revised Code on
any property located within the district, or | 607 |
zone that is subject to
division (I)(2) of section 715.691 of the | 608 |
Revised Code, without
the consent of the contracting parties. The | 609 |
prohibition against granting a tax exemption under this section | 610 |
does not apply
to any exemption filed, pending, or approved before | 611 |
the effective date of the
contract entered into under either | 612 |
section 715.691 or 715.72 or section
715.691 of the Revised Code. | 613 |
Sec. 4501.21. (A) There is hereby created in the state | 614 |
treasury the license plate contribution fund. The fund shall | 615 |
consist of all contributions paid by motor vehicle registrants and | 616 |
collected by the registrar of motor vehicles pursuant to sections | 617 |
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51, | 618 |
4503.522, 4503.545, 4503.55, 4503.551, 4503.552, 4503.553, | 619 |
4503.561, 4503.562, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, | 620 |
4503.711, 4503.712, 4503.72, 4503.73, 4503.74, 4503.75, and | 621 |
4503.85 of the
Revised Code. | 622 |
(1) The registrar shall pay the contributions received | 625 |
pursuant to section 4503.491 of the Revised Code to the breast | 626 |
cancer fund of Ohio, which shall use that money only to pay for | 627 |
programs that provide assistance and education to Ohio breast | 628 |
cancer patients and that improve access for such patients to | 629 |
quality health care and clinical trials and shall not use any of | 630 |
the money for abortion information, counseling, services, or other | 631 |
abortion-related activities. | 632 |
(7) The registrar shall pay the contributions the registrar | 659 |
receives pursuant to section 4503.522 of the Revised Code to the | 660 |
"friends of Perry's victory and international peace memorial, | 661 |
incorporated," a nonprofit corporation organized under the laws of | 662 |
this state, to assist that organization in paying the expenses it | 663 |
incurs in sponsoring or holding charitable, educational, and | 664 |
cultural events at the monument. | 665 |
(10) In accordance with section 955.202 of the Revised Code, | 678 |
the registrar shall pay to the pets program funding board created | 679 |
by that section the contributions the registrar receives pursuant | 680 |
to section 4503.551 of the Revised Code and any other money from | 681 |
any other source, including donations, gifts, and grants, that is | 682 |
designated by the source to be paid to the pets program funding | 683 |
board. The board shall use the moneys it receives under this | 684 |
section only to support programs for the sterilization of dogs and | 685 |
cats and for educational programs concerning the proper veterinary | 686 |
care of those animals. | 687 |
(12) The registrar shall pay the contributions the registrar | 691 |
receives pursuant to section 4503.553 of the Revised Code to the | 692 |
Ohio coalition for animals, incorporated, a nonprofit corporation. | 693 |
Except as provided in division (B)(12) of this section, the | 694 |
coalition shall distribute the money to its members, and the | 695 |
members shall use the money only to pay for educational, | 696 |
charitable, and
other programs of each coalition member that | 697 |
provide care for unwanted, abused, and
neglected horses. The Ohio | 698 |
coalition for animals may use a portion of the
money to pay for | 699 |
reasonable marketing costs incurred in the design and
promotion | 700 |
of the license plate and for administrative costs
incurred in the | 701 |
disbursement and management of funds received
under this section. | 702 |
(13) The registrar shall pay the contributions the registrar | 703 |
receives pursuant to section 4503.561 of the Revised Code to the | 704 |
state of Ohio chapter of ducks unlimited, inc., which shall | 705 |
deposit the contributions into a special bank account that it | 706 |
establishes. The special bank account shall be separate and | 707 |
distinct from any other account the state of Ohio chapter of ducks | 708 |
unlimited, inc., maintains and shall be used exclusively for the | 709 |
purpose of protecting, enhancing, restoring, and managing wetlands | 710 |
and conserving wildlife habitat. The state of Ohio chapter of | 711 |
ducks unlimited, inc., annually shall notify the registrar in | 712 |
writing of the name, address, and account to which such payments | 713 |
are to be made. | 714 |
(20) The registrar shall pay the contributions the
registrar | 755 |
receives pursuant to section 4503.711 of the Revised
Code to the | 756 |
fraternal order of police of Ohio, incorporated, which
shall | 757 |
deposit the contributions into an account that it creates to
be | 758 |
used for the purpose of advancing and protecting the law | 759 |
enforcement profession, promoting improved law enforcement | 760 |
methods, and teaching respect for law and order. | 761 |
(22) The registrar shall pay the contributions the
registrar | 767 |
receives pursuant to section 4503.72 of the Revised Code
to the | 768 |
organization known on March 31, 2003, as the Ohio CASA/GAL | 769 |
association, a private, nonprofit corporation organized under | 770 |
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association | 771 |
shall use these contributions to pay the expenses it incurs in | 772 |
administering a program to secure the proper representation in the | 773 |
courts of this state of abused, neglected, and dependent children, | 774 |
and for the training and supervision of persons participating in | 775 |
that program. | 776 |
Sec. 4503.712. (A) The owner or lessee of any passenger car, | 807 |
noncommercial motor vehicle, recreational vehicle, or other | 808 |
vehicle of a class approved by the registrar of motor vehicles may | 809 |
apply to the registrar for the registration of the vehicle and | 810 |
issuance of "Ohio C.O.P.S." license plates. The application for | 811 |
"Ohio C.O.P.S." license plates may be combined with a request for | 812 |
a special reserved license plate under section 4503.40 or 4503.42 | 813 |
of the Revised Code. Upon receipt of the completed application and | 814 |
compliance with division (B) of this section, the registrar shall | 815 |
issue to the applicant the appropriate vehicle registration, a set | 816 |
of "Ohio C.O.P.S." license plates with a validation sticker, or a | 817 |
validation sticker alone when required by section 4503.191 of the | 818 |
Revised Code. | 819 |
(B) "Ohio C.O.P.S." license plates and a validation sticker | 827 |
or, when applicable, a validation sticker alone, shall be issued | 828 |
upon submission by the applicant of an application for | 829 |
registration of a motor vehicle under this section; payment of the | 830 |
regular license tax as prescribed under section 4503.04 of the | 831 |
Revised Code, any applicable motor vehicle tax levied under | 832 |
Chapter 4504. of the Revised Code, any applicable additional fee | 833 |
prescribed by section 4503.40 or 4503.42 of the Revised Code, the | 834 |
contribution provided in division (C) of this section, and an | 835 |
additional fee of ten dollars; and compliance with all other | 836 |
applicable laws relating to the registration of motor vehicles. | 837 |
Sec. 4513.66. (A) If a motor vehicle accident occurs on any | 851 |
highway, public street, or other property open to the public for | 852 |
purposes of vehicular travel and if any motor vehicle, cargo, or | 853 |
personal property that has been damaged or spilled as a result of | 854 |
the motor vehicle accident is blocking the highway, street, or | 855 |
other property or is otherwise endangering public safety, the | 856 |
sheriff of the county, or the chief of police of the municipal | 857 |
corporation, township, or township police district, in which the | 858 |
accident occurred, a state highway patrol trooper, or the chief of | 859 |
the fire department having jurisdiction where the accident | 860 |
occurred may, without consent of the owner but with the approval | 861 |
of the law enforcement agency conducting any investigation of the | 862 |
accident, remove the motor vehicle if the motor vehicle is | 863 |
unoccupied, cargo, or personal property
from the portion of the | 864 |
highway, public street, or property
ordinarily used for vehicular | 865 |
travel on the highway, public
street, or other property open to | 866 |
the public for purposes of
vehicular travel. | 867 |
(B)(1) Except as provided in division (B)(2) or (3) of this | 868 |
section, no employee of the department of transportation, sheriff, | 869 |
deputy sheriff, chief of police or police
officer of a municipal | 870 |
corporation, township, or township police
district, state highway | 871 |
patrol trooper, chief of a fire
department, or fire fighter who | 872 |
authorizes or participates in the
removal of any unoccupied motor | 873 |
vehicle,
cargo, or personal property as
authorized by division | 874 |
(A) of this
section is liable in civil
damages for any injury, | 875 |
death, or loss
to person or property that
results from the | 876 |
removal of that unoccupied motor
vehicle, cargo, or personal | 877 |
property. Except as provided in division (B)(2) or (3) of this | 878 |
section, if the department of
transportation or a sheriff, chief | 879 |
of police of a municipal
corporation, township, or township | 880 |
police district, head of the
state highway patrol, or chief of a | 881 |
fire department authorizes,
employs, or arranges to have a | 882 |
private tow truck operator or
towing company remove any | 883 |
unoccupied motor vehicle, cargo, or personal
property as | 884 |
authorized by division (A) of this section, that
private tow | 885 |
truck operator or towing company is not liable in
civil damages | 886 |
for any injury, death, or loss to person or property
that results | 887 |
from the removal of that unoccupied motor vehicle, cargo, or | 888 |
personal property, and the department of transportation, sheriff, | 889 |
chief of police, head of the state highway patrol, or fire | 890 |
department chief is not liable in civil damages for any injury, | 891 |
death, or loss to person or property that results from the private | 892 |
tow truck operator or towing company's removal of that unoccupied | 893 |
motor
vehicle, cargo, or personal property. | 894 |
(3) Division (B)(1) of this section does not apply to a | 901 |
private tow truck operator or towing company that was not | 902 |
authorized, employed, or arranged by the department of | 903 |
transportation, a sheriff, a chief of police of a municipal | 904 |
corporation, township, or township police district, the head of | 905 |
the state highway patrol, or a chief of a fire department or to a | 906 |
private tow truck operator or towing company that was authorized, | 907 |
employed, or arranged by the department of transportation, a | 908 |
sheriff, a chief of police of a municipal corporation, township, | 909 |
or township police district, the head of the state highway patrol, | 910 |
or a chief of a fire department to perform the removal of the | 911 |
unoccupied motor vehicle, cargo, or personal property and the | 912 |
private tow truck operator or towing company performed the removal | 913 |
in a reckless or willful manner. | 914 |
(7) Knowingly permit a dealer whose license has been | 966 |
suspended
or revoked,
or a person whose application for a license | 967 |
to operate
as a dealer has been denied, to
participate as a buyer | 968 |
or seller at the motor vehicle auction
owner's auction after | 969 |
notification by the registrar of the suspension or revocation of
a | 970 |
license, or denial of an application for a license. The registrar | 971 |
shall
notify each auction owner by
certified mail, return receipt | 972 |
requested, within five business
days of the suspension or | 973 |
revocation of a license, or
the denial of an application for | 974 |
license. Any motor
vehicle
auction owner who has knowledge of the | 975 |
presence at the motor
vehicle auction owner's auction of
a dealer | 976 |
whose license has
been suspended or revoked, or of a person whose | 977 |
application for a
license to operate as a dealer has been denied, | 978 |
shall immediately cause the
removal
of the person from the | 979 |
auction. | 980 |
(8) Knowingly accept a motor vehicle for sale or possible | 981 |
sale by a dealer whose license has been
suspended or revoked, | 982 |
during the period of suspension or
revocation, or by a person | 983 |
whose application for a license to operate as a
dealer has
been | 984 |
denied, after notification by the registrar, in accordance
with | 985 |
division (G) of this section, of the suspension or
revocation of | 986 |
the license, or denial of an application
for a license. | 987 |
(B)
Notwithstanding any provision of Chapter 4517. of the | 994 |
Revised Code to the contrary, a licensed motor vehicle auction | 995 |
owner, in addition to engaging in the business of auctioning motor | 996 |
vehicles at the auction owner's established place of business, may | 997 |
engage in the business of auctioning a licensed motor vehicle | 998 |
dealer's motor vehicles at that licensed motor vehicle dealer's | 999 |
established place of business, provided such dealer's place of | 1000 |
business is not owned, operated, or in any way managed by a motor | 1001 |
vehicle auction owner or subsidiary. The motor vehicle auction | 1002 |
owner is not required to obtain an additional license for each | 1003 |
dealer's premises at which the motor vehicle auction owner is | 1004 |
engaging in the business of auctioning motor vehicles, regardless | 1005 |
of whether the dealer's premises are located in another county, | 1006 |
but the motor vehicle auction owner is required to have a | 1007 |
certified copy of the auction owner's license available for | 1008 |
inspection when the auction owner is engaging in the business of | 1009 |
auctioning motor vehicles at an established place of business of a | 1010 |
licensed motor vehicle dealer. | 1011 |
(B)(1) During each emergency run made by an ambulance that is | 1019 |
equipped for emergency medical services and is operated by an | 1020 |
emergency medical service organization that does not utilize any | 1021 |
volunteer emergency medical service providers or does not | 1022 |
substantially utilize those providers, the ambulance
shall be | 1023 |
staffed by at least two
EMTs-basic, EMTs-I, or
paramedics. At any | 1024 |
time a patient is being transported inWhen an ambulance is so | 1025 |
staffed, it may be driven by a person who is not certified as an | 1026 |
EMT-basic, EMT-I, or paramedic. | 1027 |
(2) During each emergency run made by an
ambulance that is | 1028 |
equipped for emergency medical services and is
operated by an | 1029 |
emergency medical service organization that substantially
utilizes | 1030 |
volunteer emergency medical service providers, the
ambulance shall | 1031 |
be staffed by at least two
EMTs-basic, EMTs-I, or
paramedicsone | 1032 |
first responder and one EMT-basic, EMT-I, or paramedic. At all | 1033 |
other times during an emergency run, the
ambulance shall be | 1034 |
staffed by at least one EMT-basic,
EMT-I, or
paramedic. When an | 1035 |
ambulance is so staffed, it may be driven by
a person who is not | 1036 |
certified as ana first responder, EMT-basic, EMT-I, or
paramedic. | 1037 |
If circumstances so require, an ambulance that is staffed by only | 1038 |
one first responder and one EMT-basic, EMT-I, or paramedic may be | 1039 |
driven by the first responder who is staffing the ambulance with | 1040 |
the EMT-basic, EMT-I, or paramedic. | 1041 |
(C) For purposes of division (B) of this section, an | 1042 |
emergency medical service organization substantially utilizes | 1043 |
volunteer emergency medical service providers if, on any given | 1044 |
date, for the six-month period immediately prior to that date, the | 1045 |
organization's daily average number of hours during which the | 1046 |
organization
used only volunteer first responders, volunteer | 1047 |
EMTs-basic,
volunteer EMTs-I, or volunteer paramedics, or a | 1048 |
combination of
such volunteers, was fifty per cent or more of the | 1049 |
daily average number of hours that the organization made | 1050 |
emergency medical
services available to the public. | 1051 |
Sec. 4931.61. (A) Beginning on the first day of the third | 1055 |
month following
the effective date of this sectionMay 6, 2005, | 1056 |
and
ending
December 31, 20082012,
there is hereby imposed,
on | 1057 |
each
wireless telephone number of a wireless service
subscriber | 1058 |
who has
a billing address in this state, a wireless
9-1-1 charge | 1059 |
of
thirty-twotwenty-eight cents per month. The subscriber shall | 1060 |
pay
the
wireless
9-1-1 charge for each such wireless
telephone | 1061 |
number
assigned to
the subscriber. Each wireless
service | 1062 |
provider and
each reseller
of wireless service shall collect the | 1063 |
wireless
9-1-1 charge
as a
specific line item on each | 1064 |
subscriber's monthly
bill. The line
item shall be expressly | 1065 |
designated "State/Local
Wireless-E911
Costs ($0.32$0.28/billed | 1066 |
number)." If a provider bills a
subscriber for
any wireless | 1067 |
enhanced 9-1-1 costs that the
provider may incur, the
charge or | 1068 |
amount is not to appear in the
same line item as the
state/local | 1069 |
line item. If the charge or
amount is to appear in its
own, | 1070 |
separate line item on the bill,
the charge or amount shall be | 1071 |
expressly designated "[Name of
Provider] Federal Wireless-E911 | 1072 |
Costs." For any subscriber of
prepaid wireless
service, a | 1073 |
wireless
service
provider or
reseller shall
collect the | 1074 |
wireless 9-1-1
charge in any of the
following manners: | 1075 |
Sec. 4931.62. (A)(1) Beginning with the second month | 1093 |
following the month in which the wireless 9-1-1 charge
is first | 1094 |
imposed under section 4931.61 of the Revised Code, a wireless | 1095 |
service provider or reseller of wireless service, not later than | 1096 |
the last day
of each month,
shall remit the full amount of all | 1097 |
wireless 9-1-1
charges it collected for the second preceding | 1098 |
calendar month to
the Ohio 9-1-1 coordinator, with the exception | 1099 |
of charges equivalent to the
amount authorized as a billing and | 1100 |
collection fee under division
(A)(2) of this section. In doing so, | 1101 |
the provider or reseller may remit the requisite amount in any | 1102 |
reasonable manner consistent with its existing operating or | 1103 |
technological capabilities, such as by customer address, location | 1104 |
associated with the wireless telephone number, or another | 1105 |
allocation method based on comparable, relevant data. If the | 1106 |
wireless service provider or reseller receives a partial payment | 1107 |
for a bill
from a wireless service subscriber, the wireless | 1108 |
service
provider or reseller shall apply the payment first against | 1109 |
the amount the
subscriber owes the wireless service provider or | 1110 |
reseller and shall remit to
the coordinator such lesser amount, if | 1111 |
any, as results from that
invoice. | 1112 |
(B) Each subscriber on which a wireless 9-1-1 charge is | 1121 |
imposed under
division (A) of section 4931.61 of the Revised Code | 1122 |
is liable to the state for the amount of the charge.
If a | 1123 |
wireless service provider or reseller fails to collect the charge | 1124 |
under that division from a subscriber of prepaid wireless service, | 1125 |
or fails to bill any other subscriber for the charge, the wireless | 1126 |
service provider or reseller is liable to the state
for the amount | 1127 |
not collected or billed. If a wireless service
provider or | 1128 |
reseller
collects charges under that division and
fails to remit | 1129 |
the money
to the coordinator, the wireless service
provider or | 1130 |
reseller is liable to the
state for any amount
collected and not | 1131 |
remitted. | 1132 |
(C)(1) If the public utilities commission has reason to | 1133 |
believe that a wireless service provider or reseller has failed to | 1134 |
bill, collect, or remit the wireless 9-1-1 charge as required by | 1135 |
divisions (A)(1) and (B) of this section or has retained more than | 1136 |
the amount authorized under division (A)(2) of this section, and | 1137 |
after written notice to the provider or reseller, the commission | 1138 |
may audit the provider or reseller for the sole purpose of making | 1139 |
such a determination. The audit may be ofinclude, but is not | 1140 |
limited to, a sample of the provider's or reseller's billings, | 1141 |
collections, remittances, or retentions for a representative | 1142 |
period, and the commission shall make a good faith effort to reach | 1143 |
agreement with the provider or reseller in selecting that sample. | 1144 |
(2) Upon written notice to the wireless service provider or | 1145 |
reseller, the commission, by order after completion of the audit, | 1146 |
may make an assessment against the provider or reseller if, | 1147 |
pursuant to the audit, the commission determines that the provider | 1148 |
or reseller has failed to bill, collect, or remit the wireless | 1149 |
9-1-1 charge as required by divisions (A)(1) and (B) of this | 1150 |
section or has retained more than the amount authorized under | 1151 |
division (A)(2) of this section. The assessment shall be in the | 1152 |
amount of any remittance that was due and unpaid on the date | 1153 |
notice of the audit was sent by the commission to the provider or | 1154 |
reseller or, as applicable, in the amount of the excess amount | 1155 |
under division (A)(2) of this section retained by the provider or | 1156 |
reseller as of that date. | 1157 |
(4) An assessment is final and due and payable and shall be | 1166 |
remitted to the commission unless the assessed party petitions for | 1167 |
rehearing under section 4903.10 of the Revised Code. The | 1168 |
proceedings of the commission specified in division (C)(4) of this | 1169 |
section are subject to and governed by Chapter 4903. of the | 1170 |
Revised Code, except that the court of appeals of Franklin county | 1171 |
has exclusive, original jurisdiction to review, modify, or vacate | 1172 |
an order of the commission under division (C)(2) of this section. | 1173 |
The court shall hear and determine such appeal in the same manner | 1174 |
and under the same standards as the Ohio supreme court hears and | 1175 |
determines appeals under Chapter 4903. of the Revised Code. | 1176 |
(5) After an assessment becomes final, if any portion of the | 1183 |
assessment remains unpaid, including accrued interest, a certified | 1184 |
copy of the commission's entry making the assessment final may be | 1185 |
filed in the office of the clerk of the court of common pleas in | 1186 |
the county in which the place of business of the assessed party is | 1187 |
located. If the party maintains no place of business in this | 1188 |
state, the certified copy of the entry may be filed in the office | 1189 |
of the clerk of the court of common pleas of Franklin county. | 1190 |
Immediately upon the filing, the clerk shall enter a judgment for | 1191 |
the state against the assessed party in the amount shown on the | 1192 |
entry. The judgment may be filed by the clerk in a loose-leaf book | 1193 |
entitled "special judgments for wireless 9-1-1 charges" and shall | 1194 |
have the same effect as other judgments. The judgment shall be | 1195 |
executed upon the request of the commission. | 1196 |
Sec. 4931.63. (A) There is hereby created the
wireless 9-1-1 | 1206 |
administrative fund in the state treasury. A sufficient | 1207 |
percentage, determined by the chairperson of the public utilities | 1208 |
commission but not to exceed four per cent through the first full | 1209 |
fiscal year and two
per cent thereafter, of the periodic | 1210 |
remittances of the wireless 9-1-1 charge under section
4931.62 of | 1211 |
the Revised
Code shall be deposited to the credit of
the fund, to | 1212 |
be used by the commission to cover such
nonpayroll costs and, at | 1213 |
the discretion of the commission such payroll costs, of
the | 1214 |
commission as are incurred in
assisting the coordinator in | 1215 |
carrying out sections 4931.60 to 4931.70 of the
Revised Code and | 1216 |
in conducting audits under division (C) of section 4931.62 of the | 1217 |
Revised Code. In addition, the compensation of the Ohio 9-1-1 | 1218 |
coordinator, and any expenses of the coordinator in carrying out | 1219 |
those sections, shall be paid from the fund. | 1220 |
(B) There is hereby
created the wireless 9-1-1 government | 1221 |
assistance fund, which shall be in the custody of the treasurer of | 1222 |
state but
shall not be part of the state treasury. The periodic | 1223 |
remittances of the wireless 9-1-1 charge remaining after the | 1224 |
deposit required by division
(A) of this section shall be | 1225 |
deposited to the credit of the wireless 9-1-1 government | 1226 |
assistance fund. The treasurer of state shall deposit or invest | 1227 |
the moneys
in this fund in accordance with
Chapter 135. of the | 1228 |
Revised Code and any other provision of
law governing public | 1229 |
moneys of the state as defined in section
135.01 of the Revised | 1230 |
Code. The treasurer of state shall
credit the interest earned to | 1231 |
the fund. The
treasurer of state shall disburse money from the | 1232 |
fund solely upon order
of the coordinator as authorized under | 1233 |
section
4931.64 of the
Revised Code. Annually, until the fund is | 1234 |
depleted, the treasurer of state
shall certify to the coordinator | 1235 |
the amount of moneys in the
treasurer of state's custody belonging | 1236 |
to the fund. | 1237 |
(1) Determine, for a county that has adopted a final plan | 1243 |
under sections 4931.40 to 4931.70 of the Revised Code for the | 1244 |
provision of wireless enhanced 9-1-1 within the territory covered | 1245 |
by the countywide 9-1-1 system established under the plan, the | 1246 |
number of wireless telephone numbers assigned to wireless service | 1247 |
subscribers that have billing addresses within the county. That | 1248 |
number shall be adjusted between any two counties so that the | 1249 |
number of wireless telephone numbers assigned to wireless service | 1250 |
subscribers who have billing addresses within any portion of a | 1251 |
municipal corporation that territorially lies primarily in one of | 1252 |
the two counties but extends into the other county is added to the | 1253 |
number already determined for that primary county and subtracted | 1254 |
for the other county. | 1255 |
(B) The Ohio 9-1-1 coordinator, in accordance with this | 1264 |
division and not later than the last day of each month, shall | 1265 |
disburse the amount credited as remittances to the wireless 9-1-1 | 1266 |
government assistance fund during the second preceding month, plus | 1267 |
any accrued interest on the fund. Such a disbursement shall be | 1268 |
paid to each county treasurer. The amount to be so disbursed | 1269 |
monthly to a particular county shall be a proportionate share of | 1270 |
the wireless 9-1-1 government assistance fund balance based on the | 1271 |
ratio between the following: | 1272 |
(2) For each county described in division (C)(1) of this | 1288 |
section and through the third full calendar year following the | 1289 |
effective date of this section, the coordinator shall
retain in | 1290 |
the wireless 9-1-1 government assistance fund an amount
equal to | 1291 |
what would otherwise be paid as the county's disbursements under | 1292 |
division
(B) of
this section if it had adopted such a final | 1293 |
plan, plus any
related accrued interest, to be set aside for that | 1294 |
county until.
If
the board of county commissioners notifies the | 1295 |
coordinator
prior to January 1, 2010, that a
final plan for the | 1296 |
provision of
wireless enhanced 9-1-1 has been
adopted, but not | 1297 |
beyond the end
of such third year. Provided
notification is made | 1298 |
prior to the
end of that third year, the
coordinator shall | 1299 |
disburse and pay to
the county treasurer, not
later than the | 1300 |
last day of the month
following the month the
notification is | 1301 |
made, the total amount so
set aside for the county
plus any | 1302 |
related accrued interest. After
the end of the third full | 1303 |
calendar year following the effective
date of this sectionAs of | 1304 |
January 1, 2010, any money and interest
so retained and not | 1305 |
disbursed as
authorized under this division
shall be available | 1306 |
for disbursement
only as provided in division
(B) of this | 1307 |
section. | 1308 |
(A) A countywide 9-1-1
system receiving a
disbursement under | 1325 |
section 4931.64 of the
Revised Code shall
provide countywide | 1326 |
wireless enhanced 9-1-1 in accordance with
sections 4931.40 to | 1327 |
4931.70 of the Revised Code beginning as soon
as
reasonably | 1328 |
possible after receipt of the first disbursement
or,
if that | 1329 |
service is
already implemented, shall continue to provide
such | 1330 |
service. Except as provided in divisions (B) and (C) of this | 1331 |
section, a
disbursement shall be used solely for
the purpose of | 1332 |
paying either or both of the following: | 1333 |
(1) Any costs of designing, upgrading, purchasing,
leasing, | 1334 |
programming, installing, testing, or maintaining the
necessary | 1335 |
data, hardware, software, and trunking required for
the public | 1336 |
safety answering point or points of the 9-1-1
system to provide | 1337 |
wireless enhanced 9-1-1, which
costs are
incurred before or on or | 1338 |
after the effective date of this
sectionMay 6, 2005, and consist | 1339 |
of such additional costs of the 9-1-1
system
over and above any | 1340 |
costs incurred to provide wireline
9-1-1 or to otherwise provide | 1341 |
wireless enhanced 9-1-1. Annually, up to twenty-five thousand | 1342 |
dollars of the disbursements received on or after January 1, 2009, | 1343 |
may be applied
to data, hardware, and software that automatically | 1344 |
alerts
personnel receiving a 9-1-1 call that a person at the | 1345 |
subscriber's
address or telephone number may have a mental or | 1346 |
physical
disability, of which that personnel shall inform the | 1347 |
appropriate
emergency service provider. On or after
the | 1348 |
provision of
technical and operational standards pursuant to | 1349 |
division (D)(1)
of section 4931.68 of the Revised Code, a | 1350 |
subdivision shall
consider the standards before incurring any | 1351 |
costs described in
this division. | 1352 |
(B) Beginning one year following the imposition of the | 1359 |
wireless 9-1-1 charge under section 4931.61 of the Revised Code, a | 1360 |
subdivision that certifies to the Ohio 9-1-1 coordinator that it | 1361 |
has paid the costs described in divisions (A)(1) and (2) of this | 1362 |
section and is providing countywide wireless enhanced 9-1-1 may | 1363 |
use disbursements received under section 4931.64 of the Revised | 1364 |
Code to pay any of its personnel costs of one or more public | 1365 |
safety answering points providing countywide wireless enhanced | 1366 |
9-1-1. | 1367 |
Sec. 4931.66. (A)(1) A wireless service providertelephone | 1384 |
company,
the state
highway patrol as described in division (J) of | 1385 |
section 4931.41 of
the Revised Code, and each subdivision | 1386 |
operating one or more
public safety
answering points for a | 1387 |
countywide system providing
wireless
9-1-1, shall provide the | 1388 |
Ohio 9-1-1 coordinator with such
information as the coordinator | 1389 |
requests for the purposes of
carrying out the coordinator's duties | 1390 |
under sections 4931.60 to
4931.70 of the Revised
Code, including, | 1391 |
but not
limited to, duties
regarding the collection of the | 1392 |
wireless
9-1-1 charge and
regarding the provision of a report
or | 1393 |
recommendation under
section
4931.70 of the Revised Code. | 1394 |
(2) A wireless service provider shall provide an official, | 1395 |
employee, agent, or representative of a subdivision operating a | 1396 |
public safety answering
point, or of the state highway patrol as | 1397 |
described in division (J) of section 4931.41 of the Revised Code, | 1398 |
with such technical, service, and location information as
the | 1399 |
official, employee, agent, or representative requests for the | 1400 |
purpose of providing
wireless 9-1-1. | 1401 |
(2) The public utilities commission, the Ohio 9-1-1 | 1415 |
coordinator, and any official, employee,
agent, or representative | 1416 |
of the commission, of the state highway patrol as described in | 1417 |
division (J) of section 4931.41 of the Revised Code, or of a | 1418 |
subdivision
operating a public safety answering point, while | 1419 |
acting or
claiming to act in the capacity of the commission or | 1420 |
coordinator or such official, employee,
agent, or representative, | 1421 |
shall not disclose any information
provided under division (A) of | 1422 |
this section regarding a telephone company's
customers, revenues, | 1423 |
expenses, or network information. Nothing in
division (B)(2) of | 1424 |
this section
precludes any such information from being aggregated | 1425 |
and
included in any report required under section 4931.70 or | 1426 |
division
(D)(2) of section 4931.69 of
the Revised Code, provided | 1427 |
the aggregated
information does not identify the number of any | 1428 |
particular
company's customers or the amount of its revenues
or | 1429 |
expenses or identify a particular company as to any network | 1430 |
information. | 1431 |
(B) The coordinator's recommendation for the coming budget | 1442 |
biennium of any change in the amount of the wireless 9-1-1 charge | 1443 |
and the basis for that recommendation. The recommendation shall | 1444 |
reflect the
minimum amount necessary during the coming budget | 1445 |
biennium, given
any balance in the wireless 9-1-1 government | 1446 |
assistance fund to
be carried over to that biennium and the | 1447 |
projected revenue from
the charge, to fully cover the costs | 1448 |
described in division (A) of section
4931.65 of the Revised Code | 1449 |
as projected for that
biennium. The amount also shall reflect the | 1450 |
minimum amount
necessary for the wireless 9-1-1 charge to cover | 1451 |
the
costs described in division (A)
of section 4931.63 of the | 1452 |
Revised Code as projected for the
biennium, given the wireless | 1453 |
9-1-1 administrative fund balance
to be carried over. In making a | 1454 |
recommendation under this division, the
coordinator shall consider | 1455 |
any recommendation of the wireless 9-1-1
advisory board. | 1456 |
Section 2. That existing sections 305.12, 308.04, 503.01, | 1457 |
715.72, 715.74, 715.75, 715.76, 715.761, 715.77, 715.78, 715.81, | 1458 |
4501.21, 4517.21, 4765.43, 4931.61, 4931.62, 4931.63, 4931.64, | 1459 |
4931.65, 4931.66, and 4931.70 of the Revised Code are hereby | 1460 |
repealed. | 1461 |
Sec. 4503.494. (A) The owner or lessee of any passenger car,
| 1465 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1466 |
other vehicle of a class approved by the registrar of motor
| 1467 |
vehicles may apply to the registrar for the registration of the
| 1468 |
vehicle and issuance of "multiple sclerosis awareness" license
| 1469 |
plates. The application may be combined with a request for a
| 1470 |
special reserved license plate under section 4503.40 or 4503.42 of
| 1471 |
the Revised Code. Upon receipt of the completed application and
| 1472 |
compliance by the applicant with divisions (B) and (C) of this
| 1473 |
section, the registrar shall issue to the applicant the
| 1474 |
appropriate vehicle registration and a set of "multiple sclerosis
| 1475 |
awareness" license plates and a validation sticker, or a
| 1476 |
validation sticker alone when required by section 4503.191 of the
| 1477 |
Revised Code. | 1478 |
(B) "Multiple sclerosis awareness" license plates and a
| 1486 |
validation sticker, or validation sticker alone, shall be issued
| 1487 |
upon receipt of an application for registration of a motor vehicle
| 1488 |
under this section; payment of the regular license tax as
| 1489 |
prescribed under section 4503.04 of the Revised Code, any
| 1490 |
applicable motor vehicle license tax levied under Chapter 4504. of
| 1491 |
the Revised Code, any applicable additional fee prescribed by
| 1492 |
section 4503.40 or 4503.42 of the Revised Code, an additional fee
| 1493 |
of ten dollars, and a contribution as provided in division (C) of
| 1494 |
this section; and compliance with all other applicable laws
| 1495 |
relating to the registration of motor vehicles. | 1496 |
Sec. 4503.496. (A) The owner or lessee of any passenger car,
| 1511 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1512 |
other vehicle of a class approved by the registrar of motor
| 1513 |
vehicles may apply to the registrar for the registration of the
| 1514 |
vehicle and issuance of "sickle cell anemia awareness" license
| 1515 |
plates. The application may be combined with a request for a
| 1516 |
special reserved license plate under section 4503.40 or 4503.42 of
| 1517 |
the Revised Code. Upon receipt of the completed application and
| 1518 |
compliance by the applicant with divisions (B) and (C) of this
| 1519 |
section, the registrar shall issue to the applicant the
| 1520 |
appropriate vehicle registration and a set of "sickle cell anemia
| 1521 |
awareness" license plates and a validation sticker, or a
| 1522 |
validation sticker alone when required by section 4503.191 of the
| 1523 |
Revised Code. | 1524 |
(B) "Sickle cell anemia awareness" license plates and a
| 1532 |
validation sticker, or validation sticker alone, shall be issued
| 1533 |
upon receipt of an application for registration of a motor vehicle
| 1534 |
under this section; payment of the regular license tax as
| 1535 |
prescribed under section 4503.04 of the Revised Code, any
| 1536 |
applicable motor vehicle license tax levied under Chapter 4504. of
| 1537 |
the Revised Code, any applicable additional fee prescribed by
| 1538 |
section 4503.40 or 4503.42 of the Revised Code, an additional fee
| 1539 |
of ten dollars, and a contribution as provided in division (C) of
| 1540 |
this section; and compliance with all other applicable laws
| 1541 |
relating to the registration of motor vehicles. | 1542 |
Sec. 4503.531. (A) The owner or lessee of any passenger car,
| 1556 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1557 |
other vehicle of a class approved by the registrar of motor
| 1558 |
vehicles may apply to the registrar for the registration of the
| 1559 |
vehicle and issuance of "thank you U.S. military" license plates.
| 1560 |
The application may be combined with a request for a special
| 1561 |
reserved license plate under section 4503.40 or 4503.42 of the
| 1562 |
Revised Code. Upon receipt of the completed application and
| 1563 |
compliance by the applicant with divisions (B) and (C) of this
| 1564 |
section, the registrar shall issue to the applicant the
| 1565 |
appropriate vehicle registration and a set of "thank you U.S.
| 1566 |
military" license plates and a validation sticker, or a validation
| 1567 |
sticker alone when required by section 4503.191 of the Revised
| 1568 |
Code. | 1569 |
(B) "Thank you U.S. military" license plates and a validation
| 1577 |
sticker, or validation sticker alone, shall be issued upon receipt
| 1578 |
of an application for registration of a motor vehicle under this
| 1579 |
section; payment of the regular license tax as prescribed under
| 1580 |
section 4503.04 of the Revised Code, any applicable motor vehicle
| 1581 |
license tax levied under Chapter 4504. of the Revised Code, any
| 1582 |
applicable additional fee prescribed by section 4503.40 or 4503.42
| 1583 |
of the Revised Code, an additional fee of ten dollars, and a
| 1584 |
contribution as provided in division (C) of this section; and
| 1585 |
compliance with all other applicable laws relating to the
| 1586 |
registration of motor vehicles. | 1587 |
Sec. 4503.92. (A) The owner or lessee of any passenger car,
| 1600 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1601 |
other vehicle of a class approved by the registrar of motor
| 1602 |
vehicles may apply to the registrar for the registration of the
| 1603 |
vehicle and issuance of "support our troops" license plates. The
| 1604 |
application may be combined with a request for a special reserved
| 1605 |
license plate under section 4503.40 or 4503.42 of the Revised
| 1606 |
Code. Upon receipt of the completed application and compliance by
| 1607 |
the applicant with divisions (B) and (C) of this section, the
| 1608 |
registrar shall issue to the applicant the appropriate vehicle
| 1609 |
registration and a set of "support our troops" license plates and
| 1610 |
a validation sticker, or a validation sticker alone when required
| 1611 |
by section 4503.191 of the Revised Code. | 1612 |
(B) "Support our troops" license plates and a validation
| 1619 |
sticker, or validation sticker alone, shall be issued upon receipt
| 1620 |
of an application for registration of a motor vehicle under this
| 1621 |
section; payment of the regular license tax as prescribed under
| 1622 |
section 4503.04 of the Revised Code, any applicable motor vehicle
| 1623 |
license tax levied under Chapter 4504. of the Revised Code, any
| 1624 |
applicable additional fee prescribed by section 4503.40 or 4503.42
| 1625 |
of the Revised Code, an additional fee of ten dollars, and a
| 1626 |
contribution as provided in division (C) of this section; and
| 1627 |
compliance with all other applicable laws relating to the
| 1628 |
registration of motor vehicles. | 1629 |
Section 6. This act is hereby declared to be an emergency | 1649 |
measure necessary for the immediate preservation of the public | 1650 |
peace, health, and safety. The reason for such necessity is to | 1651 |
advance and
ensure the provision of wireless enhanced 9-1-1 in an | 1652 |
efficient and effective manner, including by maintaining the | 1653 |
wireless 9-1-1 charge for that emergency service that would | 1654 |
otherwise expire at the end of December 2008. Therefore, this act | 1655 |
shall go into immediate effect. | 1656 |