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 the organization | 1044 |
uses only volunteer first responders, volunteer EMTs-basic, | 1045 |
volunteer EMTs-I, or volunteer paramedics, or a combination of | 1046 |
such volunteers, for fifty per cent or more of the time during any | 1047 |
seven-day period in which the organization makes emergency medical | 1048 |
services available to the public. | 1049 |
Sec. 4931.61. (A) Beginning on the first day of the third | 1053 |
month following
the effective date of this sectionMay 6, 2005, | 1054 |
and
ending
December 31, 20082012,
there is hereby imposed,
on | 1055 |
each
wireless telephone number of a wireless service
subscriber | 1056 |
who has
a billing address in this state, a wireless
9-1-1 charge | 1057 |
of
thirty-twotwenty-eight cents per month. The subscriber shall | 1058 |
pay
the
wireless
9-1-1 charge for each such wireless
telephone | 1059 |
number
assigned to
the subscriber. Each wireless
service | 1060 |
provider and
each reseller
of wireless service shall collect the | 1061 |
wireless
9-1-1 charge
as a
specific line item on each | 1062 |
subscriber's monthly
bill. The line
item shall be expressly | 1063 |
designated "State/Local
Wireless-E911
Costs ($0.32$0.28/billed | 1064 |
number)." If a provider bills a
subscriber for
any wireless | 1065 |
enhanced 9-1-1 costs that the
provider may incur, the
charge or | 1066 |
amount is not to appear in the
same line item as the
state/local | 1067 |
line item. If the charge or
amount is to appear in its
own, | 1068 |
separate line item on the bill,
the charge or amount shall be | 1069 |
expressly designated "[Name of
Provider] Federal Wireless-E911 | 1070 |
Costs." For any subscriber of
prepaid wireless
service, a | 1071 |
wireless
service
provider or
reseller shall
collect the | 1072 |
wireless 9-1-1
charge in any of the
following manners: | 1073 |
Sec. 4931.62. (A)(1) Beginning with the second month | 1091 |
following the month in which the wireless 9-1-1 charge
is first | 1092 |
imposed under section 4931.61 of the Revised Code, a wireless | 1093 |
service provider or reseller of wireless service, not later than | 1094 |
the last day
of each month,
shall remit the full amount of all | 1095 |
wireless 9-1-1
charges it collected for the second preceding | 1096 |
calendar month to
the Ohio 9-1-1 coordinator, with the exception | 1097 |
of charges equivalent to the
amount authorized as a billing and | 1098 |
collection fee under division
(A)(2) of this section. In doing so, | 1099 |
the provider or reseller may remit the requisite amount in any | 1100 |
reasonable manner consistent with its existing operating or | 1101 |
technological capabilities, such as by customer address, location | 1102 |
associated with the wireless telephone number, or another | 1103 |
allocation method based on comparable, relevant data. If the | 1104 |
wireless service provider or reseller receives a partial payment | 1105 |
for a bill
from a wireless service subscriber, the wireless | 1106 |
service
provider or reseller shall apply the payment first against | 1107 |
the amount the
subscriber owes the wireless service provider or | 1108 |
reseller and shall remit to
the coordinator such lesser amount, if | 1109 |
any, as results from that
invoice. | 1110 |
(B) Each subscriber on which a wireless 9-1-1 charge is | 1119 |
imposed under
division (A) of section 4931.61 of the Revised Code | 1120 |
is liable to the state for the amount of the charge.
If a | 1121 |
wireless service provider or reseller fails to collect the charge | 1122 |
under that division from a subscriber of prepaid wireless service, | 1123 |
or fails to bill any other subscriber for the charge, the wireless | 1124 |
service provider or reseller is liable to the state
for the amount | 1125 |
not collected or billed. If a wireless service
provider or | 1126 |
reseller
collects charges under that division and
fails to remit | 1127 |
the money
to the coordinator, the wireless service
provider or | 1128 |
reseller is liable to the
state for any amount
collected and not | 1129 |
remitted. | 1130 |
(C)(1) If the public utilities commission has reason to | 1131 |
believe that a wireless service provider or reseller has failed to | 1132 |
bill, collect, or remit the wireless 9-1-1 charge as required by | 1133 |
divisions (A)(1) and (B) of this section or has retained more than | 1134 |
the amount authorized under division (A)(2) of this section, and | 1135 |
after written notice to the provider or reseller, the commission | 1136 |
may audit the provider or reseller for the sole purpose of making | 1137 |
such a determination. The audit may be ofinclude, but is not | 1138 |
limited to, a sample of the provider's or reseller's billings, | 1139 |
collections, remittances, or retentions for a representative | 1140 |
period, and the commission shall make a good faith effort to reach | 1141 |
agreement with the provider or reseller in selecting that sample. | 1142 |
(2) Upon written notice to the wireless service provider or | 1143 |
reseller, the commission, by order after completion of the audit, | 1144 |
may make an assessment against the provider or reseller if, | 1145 |
pursuant to the audit, the commission determines that the provider | 1146 |
or reseller has failed to bill, collect, or remit the wireless | 1147 |
9-1-1 charge as required by divisions (A)(1) and (B) of this | 1148 |
section or has retained more than the amount authorized under | 1149 |
division (A)(2) of this section. The assessment shall be in the | 1150 |
amount of any remittance that was due and unpaid on the date | 1151 |
notice of the audit was sent by the commission to the provider or | 1152 |
reseller or, as applicable, in the amount of the excess amount | 1153 |
under division (A)(2) of this section retained by the provider or | 1154 |
reseller as of that date. | 1155 |
(4) An assessment is final and due and payable and shall be | 1164 |
remitted to the commission unless the assessed party petitions for | 1165 |
rehearing under section 4903.10 of the Revised Code. The | 1166 |
proceedings of the commission specified in division (C)(4) of this | 1167 |
section are subject to and governed by Chapter 4903. of the | 1168 |
Revised Code, except that the court of appeals of Franklin county | 1169 |
has exclusive, original jurisdiction to review, modify, or vacate | 1170 |
an order of the commission under division (C)(2) of this section. | 1171 |
The court shall hear and determine such appeal in the same manner | 1172 |
and under the same standards as the Ohio supreme court hears and | 1173 |
determines appeals under Chapter 4903. of the Revised Code. | 1174 |
(5) After an assessment becomes final, if any portion of the | 1181 |
assessment remains unpaid, including accrued interest, a certified | 1182 |
copy of the commission's entry making the assessment final may be | 1183 |
filed in the office of the clerk of the court of common pleas in | 1184 |
the county in which the place of business of the assessed party is | 1185 |
located. If the party maintains no place of business in this | 1186 |
state, the certified copy of the entry may be filed in the office | 1187 |
of the clerk of the court of common pleas of Franklin county. | 1188 |
Immediately upon the filing, the clerk shall enter a judgment for | 1189 |
the state against the assessed party in the amount shown on the | 1190 |
entry. The judgment may be filed by the clerk in a loose-leaf book | 1191 |
entitled "special judgments for wireless 9-1-1 charges" and shall | 1192 |
have the same effect as other judgments. The judgment shall be | 1193 |
executed upon the request of the commission. | 1194 |
Sec. 4931.63. (A) There is hereby created the
wireless 9-1-1 | 1204 |
administrative fund in the state treasury. A sufficient | 1205 |
percentage, determined by the chairperson of the public utilities | 1206 |
commission but not to exceed four per cent through the first full | 1207 |
fiscal year and two
per cent thereafter, of the periodic | 1208 |
remittances of the wireless 9-1-1 charge under section
4931.62 of | 1209 |
the Revised
Code shall be deposited to the credit of
the fund, to | 1210 |
be used by the commission to cover such
nonpayroll costs and, at | 1211 |
the discretion of the commission such payroll costs, of
the | 1212 |
commission as are incurred in
assisting the coordinator in | 1213 |
carrying out sections 4931.60 to 4931.70 of the
Revised Code and | 1214 |
in conducting audits under division (C) of section 4931.62 of the | 1215 |
Revised Code. In addition, the compensation of the Ohio 9-1-1 | 1216 |
coordinator, and any expenses of the coordinator in carrying out | 1217 |
those sections, shall be paid from the fund. | 1218 |
(B) There is hereby
created the wireless 9-1-1 government | 1219 |
assistance fund, which shall be in the custody of the treasurer of | 1220 |
state but
shall not be part of the state treasury. The periodic | 1221 |
remittances of the wireless 9-1-1 charge remaining after the | 1222 |
deposit required by division
(A) of this section shall be | 1223 |
deposited to the credit of the wireless 9-1-1 government | 1224 |
assistance fund. The treasurer of state shall deposit or invest | 1225 |
the moneys
in this fund in accordance with
Chapter 135. of the | 1226 |
Revised Code and any other provision of
law governing public | 1227 |
moneys of the state as defined in section
135.01 of the Revised | 1228 |
Code. The treasurer of state shall
credit the interest earned to | 1229 |
the fund. The
treasurer of state shall disburse money from the | 1230 |
fund solely upon order
of the coordinator as authorized under | 1231 |
section
4931.64 of the
Revised Code. Annually, until the fund is | 1232 |
depleted, the treasurer of state
shall certify to the coordinator | 1233 |
the amount of moneys in the
treasurer of state's custody belonging | 1234 |
to the fund. | 1235 |
(1) Determine, for a county that has adopted a final plan | 1241 |
under sections 4931.40 to 4931.70 of the Revised Code for the | 1242 |
provision of wireless enhanced 9-1-1 within the territory covered | 1243 |
by the countywide 9-1-1 system established under the plan, the | 1244 |
number of wireless telephone numbers assigned to wireless service | 1245 |
subscribers that have billing addresses within the county. That | 1246 |
number shall be adjusted between any two counties so that the | 1247 |
number of wireless telephone numbers assigned to wireless service | 1248 |
subscribers who have billing addresses within any portion of a | 1249 |
municipal corporation that territorially lies primarily in one of | 1250 |
the two counties but extends into the other county is added to the | 1251 |
number already determined for that primary county and subtracted | 1252 |
for the other county. | 1253 |
(B) The Ohio 9-1-1 coordinator, in accordance with this | 1262 |
division and not later than the last day of each month, shall | 1263 |
disburse the amount credited as remittances to the wireless 9-1-1 | 1264 |
government assistance fund during the second preceding month, plus | 1265 |
any accrued interest on the fund. Such a disbursement shall be | 1266 |
paid to each county treasurer. The amount to be so disbursed | 1267 |
monthly to a particular county shall be a proportionate share of | 1268 |
the wireless 9-1-1 government assistance fund balance based on the | 1269 |
ratio between the following: | 1270 |
(2) For each county described in division (C)(1) of this | 1286 |
section and through the third full calendar year following the | 1287 |
effective date of this section, the coordinator shall
retain in | 1288 |
the wireless 9-1-1 government assistance fund an amount
equal to | 1289 |
what would otherwise be paid as the county's disbursements under | 1290 |
division
(B) of
this section if it had adopted such a final | 1291 |
plan, plus any
related accrued interest, to be set aside for that | 1292 |
county until.
If
the board of county commissioners notifies the | 1293 |
coordinator
prior to January 1, 2010, that a
final plan for the | 1294 |
provision of
wireless enhanced 9-1-1 has been
adopted, but not | 1295 |
beyond the end
of such third year. Provided
notification is made | 1296 |
prior to the
end of that third year, the
coordinator shall | 1297 |
disburse and pay to
the county treasurer, not
later than the | 1298 |
last day of the month
following the month the
notification is | 1299 |
made, the total amount so
set aside for the county
plus any | 1300 |
related accrued interest. After
the end of the third full | 1301 |
calendar year following the effective
date of this sectionAs of | 1302 |
January 1, 2010, any money and interest
so retained and not | 1303 |
disbursed as
authorized under this division
shall be available | 1304 |
for disbursement
only as provided in division
(B) of this | 1305 |
section. | 1306 |
(A) A countywide 9-1-1
system receiving a
disbursement under | 1323 |
section 4931.64 of the
Revised Code shall
provide countywide | 1324 |
wireless enhanced 9-1-1 in accordance with
sections 4931.40 to | 1325 |
4931.70 of the Revised Code beginning as soon
as
reasonably | 1326 |
possible after receipt of the first disbursement
or,
if that | 1327 |
service is
already implemented, shall continue to provide
such | 1328 |
service. Except as provided in divisions (B) and (C) of this | 1329 |
section, a
disbursement shall be used solely for
the purpose of | 1330 |
paying either or both of the following: | 1331 |
(1) Any costs of designing, upgrading, purchasing,
leasing, | 1332 |
programming, installing, testing, or maintaining the
necessary | 1333 |
data, hardware, software, and trunking required for
the public | 1334 |
safety answering point or points of the 9-1-1
system to provide | 1335 |
wireless enhanced 9-1-1, which
costs are
incurred before or on or | 1336 |
after the effective date of this
sectionMay 6, 2005, and consist | 1337 |
of such additional costs of the 9-1-1
system
over and above any | 1338 |
costs incurred to provide wireline
9-1-1 or to otherwise provide | 1339 |
wireless enhanced 9-1-1. Annually, up to twenty-five thousand | 1340 |
dollars of the disbursements received on or after January 1, 2009, | 1341 |
may be applied
to data, hardware, and software that automatically | 1342 |
alerts
personnel receiving a 9-1-1 call that a person at the | 1343 |
subscriber's
address or telephone number may have a mental or | 1344 |
physical
disability, of which that personnel shall inform the | 1345 |
appropriate
emergency service provider. On or after
the | 1346 |
provision of
technical and operational standards pursuant to | 1347 |
division (D)(1)
of section 4931.68 of the Revised Code, a | 1348 |
subdivision shall
consider the standards before incurring any | 1349 |
costs described in
this division. | 1350 |
(B) Beginning one year following the imposition of the | 1357 |
wireless 9-1-1 charge under section 4931.61 of the Revised Code, a | 1358 |
subdivision that certifies to the Ohio 9-1-1 coordinator that it | 1359 |
has paid the costs described in divisions (A)(1) and (2) of this | 1360 |
section and is providing countywide wireless enhanced 9-1-1 may | 1361 |
use disbursements received under section 4931.64 of the Revised | 1362 |
Code to pay any of its personnel costs of one or more public | 1363 |
safety answering points providing countywide wireless enhanced | 1364 |
9-1-1. | 1365 |
Sec. 4931.66. (A)(1) A wireless service providertelephone | 1382 |
company,
the state
highway patrol as described in division (J) of | 1383 |
section 4931.41 of
the Revised Code, and each subdivision | 1384 |
operating one or more
public safety
answering points for a | 1385 |
countywide system providing
wireless
9-1-1, shall provide the | 1386 |
Ohio 9-1-1 coordinator with such
information as the coordinator | 1387 |
requests for the purposes of
carrying out the coordinator's duties | 1388 |
under sections 4931.60 to
4931.70 of the Revised
Code, including, | 1389 |
but not
limited to, duties
regarding the collection of the | 1390 |
wireless
9-1-1 charge and
regarding the provision of a report
or | 1391 |
recommendation under
section
4931.70 of the Revised Code. | 1392 |
(2) A wireless service provider shall provide an official, | 1393 |
employee, agent, or representative of a subdivision operating a | 1394 |
public safety answering
point, or of the state highway patrol as | 1395 |
described in division (J) of section 4931.41 of the Revised Code, | 1396 |
with such technical, service, and location information as
the | 1397 |
official, employee, agent, or representative requests for the | 1398 |
purpose of providing
wireless 9-1-1. | 1399 |
(2) The public utilities commission, the Ohio 9-1-1 | 1413 |
coordinator, and any official, employee,
agent, or representative | 1414 |
of the commission, of the state highway patrol as described in | 1415 |
division (J) of section 4931.41 of the Revised Code, or of a | 1416 |
subdivision
operating a public safety answering point, while | 1417 |
acting or
claiming to act in the capacity of the commission or | 1418 |
coordinator or such official, employee,
agent, or representative, | 1419 |
shall not disclose any information
provided under division (A) of | 1420 |
this section regarding a telephone company's
customers, revenues, | 1421 |
expenses, or network information. Nothing in
division (B)(2) of | 1422 |
this section
precludes any such information from being aggregated | 1423 |
and
included in any report required under section 4931.70 or | 1424 |
division
(D)(2) of section 4931.69 of
the Revised Code, provided | 1425 |
the aggregated
information does not identify the number of any | 1426 |
particular
company's customers or the amount of its revenues
or | 1427 |
expenses or identify a particular company as to any network | 1428 |
information. | 1429 |
(B) The coordinator's recommendation for the coming budget | 1440 |
biennium of any change in the amount of the wireless 9-1-1 charge | 1441 |
and the basis for that recommendation. The recommendation shall | 1442 |
reflect the
minimum amount necessary during the coming budget | 1443 |
biennium, given
any balance in the wireless 9-1-1 government | 1444 |
assistance fund to
be carried over to that biennium and the | 1445 |
projected revenue from
the charge, to fully cover the costs | 1446 |
described in division (A) of section
4931.65 of the Revised Code | 1447 |
as projected for that
biennium. The amount also shall reflect the | 1448 |
minimum amount
necessary for the wireless 9-1-1 charge to cover | 1449 |
the
costs described in division (A)
of section 4931.63 of the | 1450 |
Revised Code as projected for the
biennium, given the wireless | 1451 |
9-1-1 administrative fund balance
to be carried over. In making a | 1452 |
recommendation under this division, the
coordinator shall consider | 1453 |
any recommendation of the wireless 9-1-1
advisory board. | 1454 |
Section 2. That existing sections 305.12, 308.04, 503.01, | 1455 |
715.72, 715.74, 715.75, 715.76, 715.761, 715.77, 715.78, 715.81, | 1456 |
4501.21, 4517.21, 4765.43, 4931.61, 4931.62, 4931.63, 4931.64, | 1457 |
4931.65, 4931.66, and 4931.70 of the Revised Code are hereby | 1458 |
repealed. | 1459 |
Sec. 4503.494. (A) The owner or lessee of any passenger car,
| 1463 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1464 |
other vehicle of a class approved by the registrar of motor
| 1465 |
vehicles may apply to the registrar for the registration of the
| 1466 |
vehicle and issuance of "multiple sclerosis awareness" license
| 1467 |
plates. The application may be combined with a request for a
| 1468 |
special reserved license plate under section 4503.40 or 4503.42 of
| 1469 |
the Revised Code. Upon receipt of the completed application and
| 1470 |
compliance by the applicant with divisions (B) and (C) of this
| 1471 |
section, the registrar shall issue to the applicant the
| 1472 |
appropriate vehicle registration and a set of "multiple sclerosis
| 1473 |
awareness" license plates and a validation sticker, or a
| 1474 |
validation sticker alone when required by section 4503.191 of the
| 1475 |
Revised Code. | 1476 |
(B) "Multiple sclerosis awareness" license plates and a
| 1484 |
validation sticker, or validation sticker alone, shall be issued
| 1485 |
upon receipt of an application for registration of a motor vehicle
| 1486 |
under this section; payment of the regular license tax as
| 1487 |
prescribed under section 4503.04 of the Revised Code, any
| 1488 |
applicable motor vehicle license tax levied under Chapter 4504. of
| 1489 |
the Revised Code, any applicable additional fee prescribed by
| 1490 |
section 4503.40 or 4503.42 of the Revised Code, an additional fee
| 1491 |
of ten dollars, and a contribution as provided in division (C) of
| 1492 |
this section; and compliance with all other applicable laws
| 1493 |
relating to the registration of motor vehicles. | 1494 |
Sec. 4503.496. (A) The owner or lessee of any passenger car,
| 1509 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1510 |
other vehicle of a class approved by the registrar of motor
| 1511 |
vehicles may apply to the registrar for the registration of the
| 1512 |
vehicle and issuance of "sickle cell anemia awareness" license
| 1513 |
plates. The application may be combined with a request for a
| 1514 |
special reserved license plate under section 4503.40 or 4503.42 of
| 1515 |
the Revised Code. Upon receipt of the completed application and
| 1516 |
compliance by the applicant with divisions (B) and (C) of this
| 1517 |
section, the registrar shall issue to the applicant the
| 1518 |
appropriate vehicle registration and a set of "sickle cell anemia
| 1519 |
awareness" license plates and a validation sticker, or a
| 1520 |
validation sticker alone when required by section 4503.191 of the
| 1521 |
Revised Code. | 1522 |
(B) "Sickle cell anemia awareness" license plates and a
| 1530 |
validation sticker, or validation sticker alone, shall be issued
| 1531 |
upon receipt of an application for registration of a motor vehicle
| 1532 |
under this section; payment of the regular license tax as
| 1533 |
prescribed under section 4503.04 of the Revised Code, any
| 1534 |
applicable motor vehicle license tax levied under Chapter 4504. of
| 1535 |
the Revised Code, any applicable additional fee prescribed by
| 1536 |
section 4503.40 or 4503.42 of the Revised Code, an additional fee
| 1537 |
of ten dollars, and a contribution as provided in division (C) of
| 1538 |
this section; and compliance with all other applicable laws
| 1539 |
relating to the registration of motor vehicles. | 1540 |
Sec. 4503.531. (A) The owner or lessee of any passenger car,
| 1554 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1555 |
other vehicle of a class approved by the registrar of motor
| 1556 |
vehicles may apply to the registrar for the registration of the
| 1557 |
vehicle and issuance of "thank you U.S. military" license plates.
| 1558 |
The application may be combined with a request for a special
| 1559 |
reserved license plate under section 4503.40 or 4503.42 of the
| 1560 |
Revised Code. Upon receipt of the completed application and
| 1561 |
compliance by the applicant with divisions (B) and (C) of this
| 1562 |
section, the registrar shall issue to the applicant the
| 1563 |
appropriate vehicle registration and a set of "thank you U.S.
| 1564 |
military" license plates and a validation sticker, or a validation
| 1565 |
sticker alone when required by section 4503.191 of the Revised
| 1566 |
Code. | 1567 |
(B) "Thank you U.S. military" license plates and a validation
| 1575 |
sticker, or validation sticker alone, shall be issued upon receipt
| 1576 |
of an application for registration of a motor vehicle under this
| 1577 |
section; payment of the regular license tax as prescribed under
| 1578 |
section 4503.04 of the Revised Code, any applicable motor vehicle
| 1579 |
license tax levied under Chapter 4504. of the Revised Code, any
| 1580 |
applicable additional fee prescribed by section 4503.40 or 4503.42
| 1581 |
of the Revised Code, an additional fee of ten dollars, and a
| 1582 |
contribution as provided in division (C) of this section; and
| 1583 |
compliance with all other applicable laws relating to the
| 1584 |
registration of motor vehicles. | 1585 |
Sec. 4503.92. (A) The owner or lessee of any passenger car,
| 1598 |
noncommercial motor vehicle, recreational vehicle, motorcycle, or
| 1599 |
other vehicle of a class approved by the registrar of motor
| 1600 |
vehicles may apply to the registrar for the registration of the
| 1601 |
vehicle and issuance of "support our troops" license plates. The
| 1602 |
application may be combined with a request for a special reserved
| 1603 |
license plate under section 4503.40 or 4503.42 of the Revised
| 1604 |
Code. Upon receipt of the completed application and compliance by
| 1605 |
the applicant with divisions (B) and (C) of this section, the
| 1606 |
registrar shall issue to the applicant the appropriate vehicle
| 1607 |
registration and a set of "support our troops" license plates and
| 1608 |
a validation sticker, or a validation sticker alone when required
| 1609 |
by section 4503.191 of the Revised Code. | 1610 |
(B) "Support our troops" license plates and a validation
| 1617 |
sticker, or validation sticker alone, shall be issued upon receipt
| 1618 |
of an application for registration of a motor vehicle under this
| 1619 |
section; payment of the regular license tax as prescribed under
| 1620 |
section 4503.04 of the Revised Code, any applicable motor vehicle
| 1621 |
license tax levied under Chapter 4504. of the Revised Code, any
| 1622 |
applicable additional fee prescribed by section 4503.40 or 4503.42
| 1623 |
of the Revised Code, an additional fee of ten dollars, and a
| 1624 |
contribution as provided in division (C) of this section; and
| 1625 |
compliance with all other applicable laws relating to the
| 1626 |
registration of motor vehicles. | 1627 |
Section 6. This act is hereby declared to be an emergency | 1647 |
measure necessary for the immediate preservation of the public | 1648 |
peace, health, and safety. The reason for such necessity is to | 1649 |
advance and
ensure the provision of wireless enhanced 9-1-1 in an | 1650 |
efficient and effective manner, including by maintaining the | 1651 |
wireless 9-1-1 charge for that emergency service that would | 1652 |
otherwise expire at the end of December 2008. Therefore, this act | 1653 |
shall go into immediate effect. | 1654 |