As Reported by the Senate Finance and Financial Institutions Committee

127th General Assembly
Regular Session
2007-2008
Sub. S. B. No. 209


Senator Carey 

Cosponsors: Senators Cates, Kearney, Gardner, Faber, Miller, D., Roberts 

A BILL
To amend sections 4511.19, 4519.02, and 4519.09 and 1
to enact section 120.08 of the Revised Code to 2
direct that a specified amount of OVI fines be 3
credited to the State Public Defender for county 4
indigent criminal defense reimbursement, to 5
establish registration reciprocity for all-purpose 6
and other special vehicles, and to make an 7
appropriation.8


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

       Section 1. That sections 4511.19, 4519.02, and 4519.09 be 9
amended and section 120.08 of the Revised Code be enacted to 10
read as follows:11

       Sec. 120.08.  There is hereby created in the state treasury 12
the indigent defense support fund, consisting of money paid into 13
the fund pursuant to section 4511.19 of the Revised Code. The 14
state public defender shall use the money in the fund for the 15
purpose of reimbursing county governments for expenses incurred 16
pursuant to sections 120.18, 120.28, and 120.33 of the Revised 17
Code. Disbursements from the fund to county governments shall be 18
made in each state fiscal year and shall be allocated 19
proportionately so that each county receives an equal percentage 20
of its total cost for operating its county public defender system, 21
its joint county public defender system, or its county appointed 22
counsel system.23

       Sec. 4511.19.  (A)(1) No person shall operate any vehicle,24
streetcar, or trackless trolley within this state, if, at the time25
of the operation, any of the following apply:26

       (a) The person is under the influence of alcohol, a drug of27
abuse, or a combination of them.28

       (b) The person has a concentration of eight-hundredths of one29
per cent or more but less than seventeen-hundredths of one per30
cent by weight per unit volume of alcohol in the person's whole31
blood.32

       (c) The person has a concentration of ninety-six-thousandths 33
of one per cent or more but less than two hundred four-thousandths 34
of one per cent by weight per unit volume of alcohol in the 35
person's blood serum or plasma.36

       (d) The person has a concentration of eight-hundredths of one37
gram or more but less than seventeen-hundredths of one gram by38
weight of alcohol per two hundred ten liters of the person's39
breath.40

       (e) The person has a concentration of eleven-hundredths of41
one gram or more but less than two hundred42
thirty-eight-thousandths of one gram by weight of alcohol per one43
hundred milliliters of the person's urine.44

       (f) The person has a concentration of seventeen-hundredths of 45
one per cent or more by weight per unit volume of alcohol in the 46
person's whole blood.47

       (g) The person has a concentration of two hundred48
four-thousandths of one per cent or more by weight per unit volume49
of alcohol in the person's blood serum or plasma.50

       (h) The person has a concentration of seventeen-hundredths of 51
one gram or more by weight of alcohol per two hundred ten liters 52
of the person's breath.53

       (i) The person has a concentration of two hundred54
thirty-eight-thousandths of one gram or more by weight of alcohol55
per one hundred milliliters of the person's urine.56

       (j) Except as provided in division (K) of this section, the 57
person has a concentration of any of the following controlled 58
substances or metabolites of a controlled substance in the 59
person's whole blood, blood serum or plasma, or urine that equals 60
or exceeds any of the following:61

       (i) The person has a concentration of amphetamine in the 62
person's urine of at least five hundred nanograms of amphetamine 63
per milliliter of the person's urine or has a concentration of 64
amphetamine in the person's whole blood or blood serum or plasma 65
of at least one hundred nanograms of amphetamine per milliliter of 66
the person's whole blood or blood serum or plasma.67

       (ii) The person has a concentration of cocaine in the 68
person's urine of at least one hundred fifty nanograms of cocaine 69
per milliliter of the person's urine or has a concentration of 70
cocaine in the person's whole blood or blood serum or plasma of at 71
least fifty nanograms of cocaine per milliliter of the person's 72
whole blood or blood serum or plasma.73

       (iii) The person has a concentration of cocaine metabolite in 74
the person's urine of at least one hundred fifty nanograms of 75
cocaine metabolite per milliliter of the person's urine or has a 76
concentration of cocaine metabolite in the person's whole blood or 77
blood serum or plasma of at least fifty nanograms of cocaine 78
metabolite per milliliter of the person's whole blood or blood 79
serum or plasma.80

       (iv) The person has a concentration of heroin in the person's 81
urine of at least two thousand nanograms of heroin per milliliter 82
of the person's urine or has a concentration of heroin in the 83
person's whole blood or blood serum or plasma of at least fifty 84
nanograms of heroin per milliliter of the person's whole blood or 85
blood serum or plasma.86

       (v) The person has a concentration of heroin metabolite 87
(6-monoacetyl morphine) in the person's urine of at least ten 88
nanograms of heroin metabolite (6-monoacetyl morphine) per 89
milliliter of the person's urine or has a concentration of heroin 90
metabolite (6-monoacetyl morphine) in the person's whole blood or 91
blood serum or plasma of at least ten nanograms of heroin 92
metabolite (6-monoacetyl morphine) per milliliter of the person's 93
whole blood or blood serum or plasma.94

       (vi) The person has a concentration of L.S.D. in the person's 95
urine of at least twenty-five nanograms of L.S.D. per milliliter 96
of the person's urine or a concentration of L.S.D. in the person's 97
whole blood or blood serum or plasma of at least ten nanograms of 98
L.S.D. per milliliter of the person's whole blood or blood serum 99
or plasma.100

       (vii) The person has a concentration of marihuana in the 101
person's urine of at least ten nanograms of marihuana per 102
milliliter of the person's urine or has a concentration of 103
marihuana in the person's whole blood or blood serum or plasma of 104
at least two nanograms of marihuana per milliliter of the person's 105
whole blood or blood serum or plasma.106

       (viii) Either of the following applies:107

        (I) The person is under the influence of alcohol, a drug of 108
abuse, or a combination of them, and, as measured by gas 109
chromatography mass spectrometry, the person has a concentration 110
of marihuana metabolite in the person's urine of at least fifteen 111
nanograms of marihuana metabolite per milliliter of the person's 112
urine or has a concentration of marihuana metabolite in the 113
person's whole blood or blood serum or plasma of at least five 114
nanograms of marihuana metabolite per milliliter of the person's 115
whole blood or blood serum or plasma.116

       (II) As measured by gas chromatography mass spectrometry, the 117
person has a concentration of marihuana metabolite in the person's 118
urine of at least thirty-five nanograms of marihuana metabolite 119
per milliliter of the person's urine or has a concentration of 120
marihuana metabolite in the person's whole blood or blood serum or 121
plasma of at least fifty nanograms of marihuana metabolite per 122
milliliter of the person's whole blood or blood serum or plasma.123

       (ix) The person has a concentration of methamphetamine in the 124
person's urine of at least five hundred nanograms of 125
methamphetamine per milliliter of the person's urine or has a 126
concentration of methamphetamine in the person's whole blood or 127
blood serum or plasma of at least one hundred nanograms of 128
methamphetamine per milliliter of the person's whole blood or 129
blood serum or plasma.130

       (x) The person has a concentration of phencyclidine in the 131
person's urine of at least twenty-five nanograms of phencyclidine 132
per milliliter of the person's urine or has a concentration of 133
phencyclidine in the person's whole blood or blood serum or plasma 134
of at least ten nanograms of phencyclidine per milliliter of the 135
person's whole blood or blood serum or plasma.136

       (2) No person who, within twenty years of the conduct 137
described in division (A)(2)(a) of this section, previously has 138
been convicted of or pleaded guilty to a violation of this 139
division, division (A)(1) or (B) of this section, or a municipal 140
OVI offense shall do both of the following:141

       (a) Operate any vehicle, streetcar, or trackless trolley 142
within this state while under the influence of alcohol, a drug of 143
abuse, or a combination of them;144

       (b) Subsequent to being arrested for operating the vehicle, 145
streetcar, or trackless trolley as described in division (A)(2)(a) 146
of this section, being asked by a law enforcement officer to 147
submit to a chemical test or tests under section 4511.191 of the 148
Revised Code, and being advised by the officer in accordance with 149
section 4511.192 of the Revised Code of the consequences of the 150
person's refusal or submission to the test or tests, refuse to 151
submit to the test or tests.152

       (B) No person under twenty-one years of age shall operate any 153
vehicle, streetcar, or trackless trolley within this state, if, at 154
the time of the operation, any of the following apply:155

       (1) The person has a concentration of at least two-hundredths 156
of one per cent but less than eight-hundredths of one per cent by 157
weight per unit volume of alcohol in the person's whole blood.158

       (2) The person has a concentration of at least159
three-hundredths of one per cent but less than 160
ninety-six-thousandths of one per cent by weight per unit volume161
of alcohol in the person's blood serum or plasma.162

       (3) The person has a concentration of at least two-hundredths 163
of one gram but less than eight-hundredths of one gram by weight 164
of alcohol per two hundred ten liters of the person's breath.165

       (4) The person has a concentration of at least twenty-eight166
one-thousandths of one gram but less than eleven-hundredths of one 167
gram by weight of alcohol per one hundred milliliters of the168
person's urine.169

       (C) In any proceeding arising out of one incident, a person170
may be charged with a violation of division (A)(1)(a) or (A)(2) 171
and a violation of division (B)(1), (2), or (3) of this section, 172
but the person may not be convicted of more than one violation of 173
these divisions.174

       (D)(1)(a) In any criminal prosecution or juvenile court 175
proceeding for a violation of division (A)(1)(a) of this section 176
or for an equivalent offense, the result of any test of any blood 177
or urine withdrawn and analyzed at any health care provider, as 178
defined in section 2317.02 of the Revised Code, may be admitted 179
with expert testimony to be considered with any other relevant and 180
competent evidence in determining the guilt or innocence of the 181
defendant.182

       (b) In any criminal prosecution or juvenile court proceeding 183
for a violation of division (A) or (B) of this section or for an 184
equivalent offense, the court may admit evidence on the185
concentration of alcohol, drugs of abuse, controlled substances, 186
metabolites of a controlled substance, or a combination of them in 187
the defendant's whole blood, blood serum or plasma, breath, urine, 188
or other bodily substance at the time of the alleged violation as189
shown by chemical analysis of the substance withdrawn within 190
three hours of the time of the alleged violation. The three-hour 191
time limit specified in this division regarding the admission of 192
evidence does not extend or affect the two-hour time limit 193
specified in division (A) of section 4511.192 of the Revised Code 194
as the maximum period of time during which a person may consent to 195
a chemical test or tests as described in that section. The court 196
may admit evidence on the concentration of alcohol, drugs of 197
abuse, or a combination of them as described in this division when 198
a person submits to a blood, breath, urine, or other bodily 199
substance test at the request of a law enforcement officer under 200
section 4511.191 of the Revised Code or a blood or urine sample is 201
obtained pursuant to a search warrant. Only a physician, a 202
registered nurse, or a qualified technician, chemist, or 203
phlebotomist shall withdraw a blood sample for the purpose of204
determining the alcohol, drug, controlled substance, metabolite of 205
a controlled substance, or combination content of the whole 206
blood, blood serum, or blood plasma. This limitation does not 207
apply to the taking of breath or urine specimens. A person 208
authorized to withdraw blood under this division may refuse to 209
withdraw blood under this division, if in that person's opinion, 210
the physical welfare of the person would be endangered by the 211
withdrawing of blood.212

       The bodily substance withdrawn under division (D)(1)(b) of 213
this section shall be analyzed in accordance with methods approved 214
by the director of health by an individual possessing a valid 215
permit issued by the director pursuant to section 3701.143 of the 216
Revised Code.217

       (2) In a criminal prosecution or juvenile court proceeding218
for a violation of division (A) of this section or for an219
equivalent offense, if there was at the time the bodily substance220
was withdrawn a concentration of less than the applicable221
concentration of alcohol specified in divisions (A)(1)(b), (c), 222
(d), and (e) of this section or less than the applicable 223
concentration of a listed controlled substance or a listed 224
metabolite of a controlled substance specified for a violation of 225
division (A)(1)(j) of this section, that fact may be considered226
with other competent evidence in determining the guilt or227
innocence of the defendant. This division does not limit or affect 228
a criminal prosecution or juvenile court proceeding for a229
violation of division (B) of this section or for an equivalent 230
offense that is substantially equivalent to that division.231

       (3) Upon the request of the person who was tested, the232
results of the chemical test shall be made available to the person233
or the person's attorney, immediately upon the completion of the234
chemical test analysis.235

        If the chemical test was obtained pursuant to division 236
(D)(1)(b) of this section, the person tested may have a physician, 237
a registered nurse, or a qualified technician, chemist, or238
phlebotomist of the person's own choosing administer a chemical 239
test or tests, at the person's expense, in addition to any240
administered at the request of a law enforcement officer. The form 241
to be read to the person to be tested, as required under section 242
4511.192 of the Revised Code, shall state that the person may have 243
an independent test performed at the person's expense. The failure 244
or inability to obtain an additional chemical test by a person 245
shall not preclude the admission of evidence relating to the 246
chemical test or tests taken at the request of a law enforcement 247
officer.248

       (4)(a) As used in divisions (D)(4)(b) and (c) of this249
section, "national highway traffic safety administration" means250
the national highway traffic safety administration established as251
an administration of the United States department of252
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.253

       (b) In any criminal prosecution or juvenile court proceeding254
for a violation of division (A) or (B) of this section, of a255
municipal ordinance relating to operating a vehicle while under256
the influence of alcohol, a drug of abuse, or alcohol and a drug257
of abuse, or of a municipal ordinance relating to operating a258
vehicle with a prohibited concentration of alcohol, a controlled 259
substance, or a metabolite of a controlled substance in the blood,260
breath, or urine, if a law enforcement officer has administered a261
field sobriety test to the operator of the vehicle involved in the262
violation and if it is shown by clear and convincing evidence that263
the officer administered the test in substantial compliance with264
the testing standards for any reliable, credible, and generally265
accepted field sobriety tests that were in effect at the time the266
tests were administered, including, but not limited to, any267
testing standards then in effect that were set by the national268
highway traffic safety administration, all of the following apply:269

       (i) The officer may testify concerning the results of the270
field sobriety test so administered.271

       (ii) The prosecution may introduce the results of the field272
sobriety test so administered as evidence in any proceedings in273
the criminal prosecution or juvenile court proceeding.274

       (iii) If testimony is presented or evidence is introduced275
under division (D)(4)(b)(i) or (ii) of this section and if the276
testimony or evidence is admissible under the Rules of Evidence,277
the court shall admit the testimony or evidence and the trier of278
fact shall give it whatever weight the trier of fact considers to279
be appropriate.280

       (c) Division (D)(4)(b) of this section does not limit or281
preclude a court, in its determination of whether the arrest of a282
person was supported by probable cause or its determination of any283
other matter in a criminal prosecution or juvenile court284
proceeding of a type described in that division, from considering285
evidence or testimony that is not otherwise disallowed by division286
(D)(4)(b) of this section.287

       (E)(1) Subject to division (E)(3) of this section, in any288
criminal prosecution or juvenile court proceeding for a violation289
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)290
or (B)(1), (2), (3), or (4) of this section or for an equivalent291
offense that is substantially equivalent to any of those292
divisions, a laboratory report from any laboratory personnel 293
issued a permit by the department of health authorizing an 294
analysis as described in this division that contains an analysis 295
of the whole blood, blood serum or plasma, breath, urine, or other296
bodily substance tested and that contains all of the information297
specified in this division shall be admitted as prima-facie298
evidence of the information and statements that the report299
contains. The laboratory report shall contain all of the300
following:301

       (a) The signature, under oath, of any person who performed302
the analysis;303

       (b) Any findings as to the identity and quantity of alcohol,304
a drug of abuse, a controlled substance, a metabolite of a 305
controlled substance, or a combination of them that was found;306

       (c) A copy of a notarized statement by the laboratory307
director or a designee of the director that contains the name of308
each certified analyst or test performer involved with the report,309
the analyst's or test performer's employment relationship with the310
laboratory that issued the report, and a notation that performing311
an analysis of the type involved is part of the analyst's or test312
performer's regular duties;313

       (d) An outline of the analyst's or test performer's314
education, training, and experience in performing the type of315
analysis involved and a certification that the laboratory316
satisfies appropriate quality control standards in general and, in317
this particular analysis, under rules of the department of health.318

       (2) Notwithstanding any other provision of law regarding the319
admission of evidence, a report of the type described in division320
(E)(1) of this section is not admissible against the defendant to321
whom it pertains in any proceeding, other than a preliminary322
hearing or a grand jury proceeding, unless the prosecutor has323
served a copy of the report on the defendant's attorney or, if the324
defendant has no attorney, on the defendant.325

       (3) A report of the type described in division (E)(1) of this326
section shall not be prima-facie evidence of the contents,327
identity, or amount of any substance if, within seven days after328
the defendant to whom the report pertains or the defendant's329
attorney receives a copy of the report, the defendant or the330
defendant's attorney demands the testimony of the person who331
signed the report. The judge in the case may extend the seven-day332
time limit in the interest of justice.333

       (F) Except as otherwise provided in this division, any334
physician, registered nurse, or qualified technician, chemist, or335
phlebotomist who withdraws blood from a person pursuant to this336
section, and any hospital, first-aid station, or clinic at which337
blood is withdrawn from a person pursuant to this section, is338
immune from criminal liability and civil liability based upon a339
claim of assault and battery or any other claim that is not a340
claim of malpractice, for any act performed in withdrawing blood341
from the person. The immunity provided in this division is not342
available to a person who withdraws blood if the person engages in343
willful or wanton misconduct.344

       (G)(1) Whoever violates any provision of divisions (A)(1)(a) 345
to (i) or (A)(2) of this section is guilty of operating a vehicle 346
under the influence of alcohol, a drug of abuse, or a combination 347
of them. Whoever violates division (A)(1)(j) of this section is 348
guilty of operating a vehicle while under the influence of a 349
listed controlled substance or a listed metabolite of a controlled 350
substance. The court shall sentence the offender for either 351
offense under Chapter 2929. of the Revised Code, except as 352
otherwise authorized or required by divisions (G)(1)(a) to (e) of 353
this section:354

       (a) Except as otherwise provided in division (G)(1)(b), (c),355
(d), or (e) of this section, the offender is guilty of a356
misdemeanor of the first degree, and the court shall sentence the357
offender to all of the following:358

       (i) If the sentence is being imposed for a violation of359
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a360
mandatory jail term of three consecutive days. As used in this361
division, three consecutive days means seventy-two consecutive362
hours. The court may sentence an offender to both an intervention363
program and a jail term. The court may impose a jail term in364
addition to the three-day mandatory jail term or intervention365
program. However, in no case shall the cumulative jail term366
imposed for the offense exceed six months.367

       The court may suspend the execution of the three-day jail368
term under this division if the court, in lieu of that suspended369
term, places the offender under a community control sanction 370
pursuant to section 2929.25 of the Revised Code and requires the 371
offender to attend, for three consecutive days, a drivers' 372
intervention program certified under section 3793.10 of the 373
Revised Code. The court also may suspend the execution of any 374
part of the three-day jail term under this division if it places 375
the offender under a community control sanction pursuant to 376
section 2929.25 of the Revised Code for part of the three days, 377
requires the offender to attend for the suspended part of the term 378
a drivers' intervention program so certified, and sentences the 379
offender to a jail term equal to the remainder of the three 380
consecutive days that the offender does not spend attending the 381
program. The court may require the offender, as a condition of 382
community control and in addition to the required attendance at a 383
drivers' intervention program, to attend and satisfactorily 384
complete any treatment or education programs that comply with the 385
minimum standards adopted pursuant to Chapter 3793. of the Revised 386
Code by the director of alcohol and drug addiction services that 387
the operators of the drivers' intervention program determine that 388
the offender should attend and to report periodically to the court 389
on the offender's progress in the programs. The court also may 390
impose on the offender any other conditions of community control 391
that it considers necessary.392

       (ii) If the sentence is being imposed for a violation of393
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 394
section, except as otherwise provided in this division, a 395
mandatory jail term of at least three consecutive days and a 396
requirement that the offender attend, for three consecutive days, 397
a drivers' intervention program that is certified pursuant to 398
section 3793.10 of the Revised Code. As used in this division, 399
three consecutive days means seventy-two consecutive hours. If the 400
court determines that the offender is not conducive to treatment 401
in a drivers' intervention program, if the offender refuses to 402
attend a drivers' intervention program, or if the jail at which 403
the offender is to serve the jail term imposed can provide a404
driver's intervention program, the court shall sentence the405
offender to a mandatory jail term of at least six consecutive406
days.407

       The court may require the offender, under a community control 408
sanction imposed under section 2929.25 of the Revised Code, to 409
attend and satisfactorily complete any treatment or education410
programs that comply with the minimum standards adopted pursuant 411
to Chapter 3793. of the Revised Code by the director of alcohol 412
and drug addiction services, in addition to the required413
attendance at drivers' intervention program, that the operators of414
the drivers' intervention program determine that the offender415
should attend and to report periodically to the court on the416
offender's progress in the programs. The court also may impose any 417
other conditions of community control on the offender that it418
considers necessary.419

       (iii) In all cases, a fine of not less than twothree hundred420
fiftytwenty-five and not more than one thousand seventy-five421
dollars;422

       (iv) In all cases, a class five license suspension of the423
offender's driver's or commercial driver's license or permit or424
nonresident operating privilege from the range specified in425
division (A)(5) of section 4510.02 of the Revised Code. The court426
may grant limited driving privileges relative to the suspension427
under sections 4510.021 and 4510.13 of the Revised Code.428

       (b) Except as otherwise provided in division (G)(1)(e) of429
this section, an offender who, within six years of the offense,430
previously has been convicted of or pleaded guilty to one431
violation of division (A) or (B) of this section or one other432
equivalent offense is guilty of a misdemeanor of the first degree.433
The court shall sentence the offender to all of the following:434

       (i) If the sentence is being imposed for a violation of435
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a436
mandatory jail term of ten consecutive days. The court shall437
impose the ten-day mandatory jail term under this division unless,438
subject to division (G)(3) of this section, it instead imposes a439
sentence under that division consisting of both a jail term and a440
term of house arrest with electronic monitoring, with continuous 441
alcohol monitoring, or with both electronic monitoring and 442
continuous alcohol monitoring. The court may impose a jail term in 443
addition to the ten-day mandatory jail term. The cumulative jail444
term imposed for the offense shall not exceed six months.445

       In addition to the jail term or the term of house arrest with 446
electronic monitoring or continuous alcohol monitoring or both 447
types of monitoring and jail term, the court may require the448
offender to attend a drivers' intervention program that is449
certified pursuant to section 3793.10 of the Revised Code. If the450
operator of the program determines that the offender is alcohol451
dependent, the program shall notify the court, and, subject to452
division (I) of this section, the court shall order the offender453
to obtain treatment through an alcohol and drug addiction program454
authorized by section 3793.02 of the Revised Code.455

       (ii) If the sentence is being imposed for a violation of456
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 457
section, except as otherwise provided in this division, a 458
mandatory jail term of twenty consecutive days. The court shall 459
impose the twenty-day mandatory jail term under this division 460
unless, subject to division (G)(3) of this section, it instead 461
imposes a sentence under that division consisting of both a jail 462
term and a term of house arrest with electronic monitoring, with 463
continuous alcohol monitoring, or with both electronic monitoring 464
and continuous alcohol monitoring. The court may impose a jail 465
term in addition to the twenty-day mandatory jail term. The466
cumulative jail term imposed for the offense shall not exceed six467
months.468

       In addition to the jail term or the term of house arrest with 469
electronic monitoring or continuous alcohol monitoring or both 470
types of monitoring and jail term, the court may require the471
offender to attend a driver's intervention program that is472
certified pursuant to section 3793.10 of the Revised Code. If the473
operator of the program determines that the offender is alcohol474
dependent, the program shall notify the court, and, subject to475
division (I) of this section, the court shall order the offender476
to obtain treatment through an alcohol and drug addiction program477
authorized by section 3793.02 of the Revised Code.478

       (iii) In all cases, notwithstanding the fines set forth in479
Chapter 2929. of the Revised Code, a fine of not less than three480
four hundred fiftyseventy-five and not more than one thousand 481
fivesix hundred twenty-five dollars;482

       (iv) In all cases, a class four license suspension of the483
offender's driver's license, commercial driver's license,484
temporary instruction permit, probationary license, or nonresident485
operating privilege from the range specified in division (A)(4) of486
section 4510.02 of the Revised Code. The court may grant limited487
driving privileges relative to the suspension under sections488
4510.021 and 4510.13 of the Revised Code.489

       (v) In all cases, if the vehicle is registered in the490
offender's name, immobilization of the vehicle involved in the491
offense for ninety days in accordance with section 4503.233 of the492
Revised Code and impoundment of the license plates of that vehicle493
for ninety days.494

       (c) Except as otherwise provided in division (G)(1)(e) of495
this section, an offender who, within six years of the offense,496
previously has been convicted of or pleaded guilty to two497
violations of division (A) or (B) of this section or other498
equivalent offenses is guilty of a misdemeanor. The court shall499
sentence the offender to all of the following:500

       (i) If the sentence is being imposed for a violation of501
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a502
mandatory jail term of thirty consecutive days. The court shall503
impose the thirty-day mandatory jail term under this division504
unless, subject to division (G)(3) of this section, it instead505
imposes a sentence under that division consisting of both a jail506
term and a term of house arrest with electronic monitoring, with 507
continuous alcohol monitoring, or with both electronic monitoring 508
and continuous alcohol monitoring. The court may impose a jail 509
term in addition to the thirty-day mandatory jail term.510
Notwithstanding the jail terms set forth in sections 2929.21 to 511
2929.28 of the Revised Code, the additional jail term shall not512
exceed one year, and the cumulative jail term imposed for the513
offense shall not exceed one year.514

       (ii) If the sentence is being imposed for a violation of515
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 516
section, a mandatory jail term of sixty consecutive days. The 517
court shall impose the sixty-day mandatory jail term under this 518
division unless, subject to division (G)(3) of this section, it 519
instead imposes a sentence under that division consisting of both 520
a jail term and a term of house arrest with electronic monitoring, 521
with continuous alcohol monitoring, or with both electronic 522
monitoring and continuous alcohol monitoring. The court may impose 523
a jail term in addition to the sixty-day mandatory jail term. 524
Notwithstanding the jail terms set forth in sections 2929.21 to 525
2929.28 of the Revised Code, the additional jail term shall not526
exceed one year, and the cumulative jail term imposed for the527
offense shall not exceed one year.528

       (iii) In all cases, notwithstanding the fines set forth in529
Chapter 2929. of the Revised Code, a fine of not less than five530
eight hundred fifty and not more than two thousand fiveseven531
hundred fifty dollars;532

       (iv) In all cases, a class three license suspension of the533
offender's driver's license, commercial driver's license,534
temporary instruction permit, probationary license, or nonresident535
operating privilege from the range specified in division (A)(3) of536
section 4510.02 of the Revised Code. The court may grant limited537
driving privileges relative to the suspension under sections538
4510.021 and 4510.13 of the Revised Code.539

       (v) In all cases, if the vehicle is registered in the540
offender's name, criminal forfeiture of the vehicle involved in541
the offense in accordance with section 4503.234 of the Revised542
Code. Division (G)(6) of this section applies regarding any543
vehicle that is subject to an order of criminal forfeiture under544
this division.545

       (vi) In all cases, participation in an alcohol and drug546
addiction program authorized by section 3793.02 of the Revised547
Code, subject to division (I) of this section.548

       (d) Except as otherwise provided in division (G)(1)(e) of549
this section, an offender who, within six years of the offense,550
previously has been convicted of or pleaded guilty to three or 551
four violations of division (A) or (B) of this section or other552
equivalent offenses or an offender who, within twenty years of the 553
offense, previously has been convicted of or pleaded guilty to 554
five or more violations of that nature is guilty of a felony of 555
the fourth degree. The court shall sentence the offender to all of 556
the following:557

       (i) If the sentence is being imposed for a violation of558
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 559
mandatory prison term of one, two, three, four, or five years as 560
required by and in accordance with division (G)(2) of section 561
2929.13 of the Revised Code if the offender also is convicted of 562
or also pleads guilty to a specification of the type described in 563
section 2941.1413 of the Revised Code or, in the discretion of the 564
court, either a mandatory term of local incarceration of sixty 565
consecutive days in accordance with division (G)(1) of section 566
2929.13 of the Revised Code or a mandatory prison term of sixty 567
consecutive days in accordance with division (G)(2) of that 568
section if the offender is not convicted of and does not plead 569
guilty to a specification of that type. If the court imposes a 570
mandatory term of local incarceration, it may impose a jail term 571
in addition to the sixty-day mandatory term, the cumulative total 572
of the mandatory term and the jail term for the offense shall not 573
exceed one year, and, except as provided in division (A)(1) of 574
section 2929.13 of the Revised Code, no prison term is authorized 575
for the offense. If the court imposes a mandatory prison term, 576
notwithstanding division (A)(4) of section 2929.14 of the Revised577
Code, it also may sentence the offender to a definite prison term578
that shall be not less than six months and not more than thirty 579
months and the prison terms shall be imposed as described in 580
division (G)(2) of section 2929.13 of the Revised Code. If the 581
court imposes a mandatory prison term or mandatory prison term and 582
additional prison term, in addition to the term or terms so 583
imposed, the court also may sentence the offender to a community 584
control sanction for the offense, but the offender shall serve all 585
of the prison terms so imposed prior to serving the community 586
control sanction.587

       (ii) If the sentence is being imposed for a violation of588
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 589
section, a mandatory prison term of one, two, three, four, or five 590
years as required by and in accordance with division (G)(2) of 591
section 2929.13 of the Revised Code if the offender also is 592
convicted of or also pleads guilty to a specification of the type 593
described in section 2941.1413 of the Revised Code or, in the594
discretion of the court, either a mandatory term of local595
incarceration of one hundred twenty consecutive days in accordance596
with division (G)(1) of section 2929.13 of the Revised Code or a597
mandatory prison term of one hundred twenty consecutive days in598
accordance with division (G)(2) of that section if the offender is 599
not convicted of and does not plead guilty to a specification of 600
that type. If the court imposes a mandatory term of local 601
incarceration, it may impose a jail term in addition to the one602
hundred twenty-day mandatory term, the cumulative total of the 603
mandatory term and the jail term for the offense shall not exceed 604
one year, and, except as provided in division (A)(1) of section 605
2929.13 of the Revised Code, no prison term is authorized for the 606
offense. If the court imposes a mandatory prison term, 607
notwithstanding division (A)(4) of section 2929.14 of the Revised 608
Code, it also may sentence the offender to a definite prison term 609
that shall be not less than six months and not more than thirty 610
months and the prison terms shall be imposed as described in 611
division (G)(2) of section 2929.13 of the Revised Code. If the 612
court imposes a mandatory prison term or mandatory prison term and 613
additional prison term, in addition to the term or terms so 614
imposed, the court also may sentence the offender to a community 615
control sanction for the offense, but the offender shall serve all 616
of the prison terms so imposed prior to serving the community 617
control sanction.618

       (iii) In all cases, notwithstanding section 2929.18 of the619
Revised Code, a fine of not less than eightone thousand three620
hundred nor more than ten thousand five hundred dollars;621

       (iv) In all cases, a class two license suspension of the622
offender's driver's license, commercial driver's license,623
temporary instruction permit, probationary license, or nonresident624
operating privilege from the range specified in division (A)(2) of625
section 4510.02 of the Revised Code. The court may grant limited626
driving privileges relative to the suspension under sections627
4510.021 and 4510.13 of the Revised Code.628

       (v) In all cases, if the vehicle is registered in the629
offender's name, criminal forfeiture of the vehicle involved in630
the offense in accordance with section 4503.234 of the Revised631
Code. Division (G)(6) of this section applies regarding any632
vehicle that is subject to an order of criminal forfeiture under633
this division.634

       (vi) In all cases, participation in an alcohol and drug635
addiction program authorized by section 3793.02 of the Revised636
Code, subject to division (I) of this section.637

       (vii) In all cases, if the court sentences the offender to a638
mandatory term of local incarceration, in addition to the639
mandatory term, the court, pursuant to section 2929.17 of the640
Revised Code, may impose a term of house arrest with electronic 641
monitoring. The term shall not commence until after the offender 642
has served the mandatory term of local incarceration.643

       (e) An offender who previously has been convicted of or644
pleaded guilty to a violation of division (A) of this section that645
was a felony, regardless of when the violation and the conviction646
or guilty plea occurred, is guilty of a felony of the third647
degree. The court shall sentence the offender to all of the648
following:649

       (i) If the offender is being sentenced for a violation of650
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 651
mandatory prison term of one, two, three, four, or five years as 652
required by and in accordance with division (G)(2) of section 653
2929.13 of the Revised Code if the offender also is convicted of 654
or also pleads guilty to a specification of the type described in 655
section 2941.1413 of the Revised Code or a mandatory prison term 656
of sixty consecutive days in accordance with division (G)(2) of 657
section 2929.13 of the Revised Code if the offender is not 658
convicted of and does not plead guilty to a specification of that 659
type. The court may impose a prison term in addition to the 660
mandatory prison term. The cumulative total of a sixty-day 661
mandatory prison term and the additional prison term for the 662
offense shall not exceed five years. In addition to the mandatory 663
prison term or mandatory prison term and additional prison term 664
the court imposes, the court also may sentence the offender to a 665
community control sanction for the offense, but the offender 666
shall serve all of the prison terms so imposed prior to serving 667
the community control sanction.668

       (ii) If the sentence is being imposed for a violation of669
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 670
section, a mandatory prison term of one, two, three, four, or five 671
years as required by and in accordance with division (G)(2) of 672
section 2929.13 of the Revised Code if the offender also is 673
convicted of or also pleads guilty to a specification of the type 674
described in section 2941.1413 of the Revised Code or a mandatory675
prison term of one hundred twenty consecutive days in accordance676
with division (G)(2) of section 2929.13 of the Revised Code if the 677
offender is not convicted of and does not plead guilty to a 678
specification of that type. The court may impose a prison term in 679
addition to the mandatory prison term. The cumulative total of a 680
one hundred twenty-day mandatory prison term and the additional 681
prison term for the offense shall not exceed five years. In 682
addition to the mandatory prison term or mandatory prison term and 683
additional prison term the court imposes, the court also may 684
sentence the offender to a community control sanction for the685
offense, but the offender shall serve all of the prison terms so 686
imposed prior to serving the community control sanction.687

       (iii) In all cases, notwithstanding section 2929.18 of the688
Revised Code, a fine of not less than eightone thousand three689
hundred nor more than ten thousand five hundred dollars;690

       (iv) In all cases, a class two license suspension of the691
offender's driver's license, commercial driver's license,692
temporary instruction permit, probationary license, or nonresident693
operating privilege from the range specified in division (A)(2) of694
section 4510.02 of the Revised Code. The court may grant limited695
driving privileges relative to the suspension under sections696
4510.021 and 4510.13 of the Revised Code.697

       (v) In all cases, if the vehicle is registered in the698
offender's name, criminal forfeiture of the vehicle involved in699
the offense in accordance with section 4503.234 of the Revised700
Code. Division (G)(6) of this section applies regarding any701
vehicle that is subject to an order of criminal forfeiture under702
this division.703

       (vi) In all cases, participation in an alcohol and drug704
addiction program authorized by section 3793.02 of the Revised705
Code, subject to division (I) of this section.706

       (2) An offender who is convicted of or pleads guilty to a707
violation of division (A) of this section and who subsequently708
seeks reinstatement of the driver's or occupational driver's709
license or permit or nonresident operating privilege suspended710
under this section as a result of the conviction or guilty plea711
shall pay a reinstatement fee as provided in division (F)(2) of712
section 4511.191 of the Revised Code.713

       (3) If an offender is sentenced to a jail term under division714
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and 715
if, within sixty days of sentencing of the offender, the court 716
issues a written finding on the record that, due to the717
unavailability of space at the jail where the offender is required718
to serve the term, the offender will not be able to begin serving719
that term within the sixty-day period following the date of720
sentencing, the court may impose an alternative sentence under721
this division that includes a term of house arrest with electronic 722
monitoring, with continuous alcohol monitoring, or with both 723
electronic monitoring and continuous alcohol monitoring.724

       As an alternative to a mandatory jail term of ten consecutive725
days required by division (G)(1)(b)(i) of this section, the court,726
under this division, may sentence the offender to five consecutive727
days in jail and not less than eighteen consecutive days of house 728
arrest with electronic monitoring, with continuous alcohol 729
monitoring, or with both electronic monitoring and continuous 730
alcohol monitoring. The cumulative total of the five consecutive 731
days in jail and the period of house arrest with electronic 732
monitoring, continuous alcohol monitoring, or both types of 733
monitoring shall not exceed six months. The five consecutive days 734
in jail do not have to be served prior to or consecutively to the 735
period of house arrest.736

       As an alternative to the mandatory jail term of twenty737
consecutive days required by division (G)(1)(b)(ii) of this738
section, the court, under this division, may sentence the offender739
to ten consecutive days in jail and not less than thirty-six740
consecutive days of house arrest with electronic monitoring, with 741
continuous alcohol monitoring, or with both electronic monitoring 742
and continuous alcohol monitoring. The cumulative total of the ten 743
consecutive days in jail and the period of house arrest with 744
electronic monitoring, continuous alcohol monitoring, or both 745
types of monitoring shall not exceed six months. The ten 746
consecutive days in jail do not have to be served prior to or 747
consecutively to the period of house arrest.748

       As an alternative to a mandatory jail term of thirty749
consecutive days required by division (G)(1)(c)(i) of this750
section, the court, under this division, may sentence the offender751
to fifteen consecutive days in jail and not less than fifty-five752
consecutive days of house arrest with electronic monitoring, with 753
continuous alcohol monitoring, or with both electronic monitoring 754
and continuous alcohol monitoring. The cumulative total of the 755
fifteen consecutive days in jail and the period of house arrest 756
with electronic monitoring, continuous alcohol monitoring, or both 757
types of monitoring shall not exceed one year. The fifteen758
consecutive days in jail do not have to be served prior to or759
consecutively to the period of house arrest.760

       As an alternative to the mandatory jail term of sixty761
consecutive days required by division (G)(1)(c)(ii) of this762
section, the court, under this division, may sentence the offender763
to thirty consecutive days in jail and not less than one hundred764
ten consecutive days of house arrest with electronic monitoring, 765
with continuous alcohol monitoring, or with both electronic 766
monitoring and continuous alcohol monitoring. The cumulative total 767
of the thirty consecutive days in jail and the period of house 768
arrest with electronic monitoring, continuous alcohol monitoring, 769
or both types of monitoring shall not exceed one year. The thirty 770
consecutive days in jail do not have to be served prior to or 771
consecutively to the period of house arrest.772

       (4) If an offender's driver's or occupational driver's773
license or permit or nonresident operating privilege is suspended774
under division (G) of this section and if section 4510.13 of the775
Revised Code permits the court to grant limited driving776
privileges, the court may grant the limited driving privileges in 777
accordance with that section. If division (A)(7) of that section 778
requires that the court impose as a condition of the privileges 779
that the offender must display on the vehicle that is driven 780
subject to the privileges restricted license plates that are 781
issued under section 4503.231 of the Revised Code, except as782
provided in division (B) of that section, the court shall impose 783
that condition as one of the conditions of the limited driving 784
privileges granted to the offender, except as provided in division 785
(B) of section 4503.231 of the Revised Code.786

       (5) Fines imposed under this section for a violation of787
division (A) of this section shall be distributed as follows:788

       (a) Twenty-five dollars of the fine imposed under division789
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under790
division (G)(1)(b)(iii), one hundred twenty-three dollars of the791
fine imposed under division (G)(1)(c)(iii), and two hundred ten792
dollars of the fine imposed under division (G)(1)(d)(iii) or793
(e)(iii) of this section shall be paid to an enforcement and794
education fund established by the legislative authority of the law795
enforcement agency in this state that primarily was responsible796
for the arrest of the offender, as determined by the court that797
imposes the fine. The agency shall use this share to pay only798
those costs it incurs in enforcing this section or a municipal OVI799
ordinance and in informing the public of the laws governing the800
operation of a vehicle while under the influence of alcohol, the801
dangers of the operation of a vehicle under the influence of802
alcohol, and other information relating to the operation of a803
vehicle under the influence of alcohol and the consumption of804
alcoholic beverages.805

       (b) Fifty dollars of the fine imposed under division806
(G)(1)(a)(iii) of this section shall be paid to the political807
subdivision that pays the cost of housing the offender during the808
offender's term of incarceration. If the offender is being809
sentenced for a violation of division (A)(1)(a), (b), (c), (d), 810
(e), or (j) of this section and was confined as a result of the811
offense prior to being sentenced for the offense but is not 812
sentenced to a term of incarceration, the fifty dollars shall be 813
paid to the political subdivision that paid the cost of housing814
the offender during that period of confinement. The political 815
subdivision shall use the share under this division to pay or816
reimburse incarceration or treatment costs it incurs in housing or817
providing drug and alcohol treatment to persons who violate this818
section or a municipal OVI ordinance, costs of any immobilizing or819
disabling device used on the offender's vehicle, and costs of 820
electronic house arrest equipment needed for persons who violate 821
this section.822

       (c) Twenty-five dollars of the fine imposed under division823
(G)(1)(a)(iii) and fifty dollars of the fine imposed under824
division (G)(1)(b)(iii) of this section shall be deposited into825
the county or municipal indigent drivers' alcohol treatment fund826
under the control of that court, as created by the county or827
municipal corporation under division (N) of section 4511.191 of828
the Revised Code.829

       (d) One hundred fifteen dollars of the fine imposed under830
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the831
fine imposed under division (G)(1)(c)(iii), and four hundred forty832
dollars of the fine imposed under division (G)(1)(d)(iii) or833
(e)(iii) of this section shall be paid to the political834
subdivision that pays the cost of housing the offender during the835
offender's term of incarceration. The political subdivision shall836
use this share to pay or reimburse incarceration or treatment837
costs it incurs in housing or providing drug and alcohol treatment838
to persons who violate this section or a municipal OVI ordinance,839
costs for any immobilizing or disabling device used on the840
offender's vehicle, and costs of electronic house arrest equipment841
needed for persons who violate this section.842

       (e) Seventy-five dollars of the fine imposed under division 843
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine 844
imposed under division (G)(1)(b)(iii), two hundred fifty dollars 845
of the fine imposed under division (G)(1)(c)(iii), and five 846
hundred dollars of the fine imposed under division (G)(1)(d)(iii) 847
or (e)(iii) of this section shall be transmitted to the treasurer 848
of state for deposit into the indigent defense support fund 849
established under section 120.08 of the Revised Code.850

       (f) The balance of the fine imposed under division851
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this852
section shall be disbursed as otherwise provided by law.853

       (6) If title to a motor vehicle that is subject to an order854
of criminal forfeiture under division (G)(1)(c), (d), or (e) of855
this section is assigned or transferred and division (B)(2) or (3)856
of section 4503.234 of the Revised Code applies, in addition to or857
independent of any other penalty established by law, the court may858
fine the offender the value of the vehicle as determined by859
publications of the national auto dealers association. The860
proceeds of any fine so imposed shall be distributed in accordance861
with division (C)(2) of that section.862

       (7) As used in division (G) of this section, "electronic 863
monitoring," "mandatory prison term," and "mandatory term of local 864
incarceration" have the same meanings as in section 2929.01 of the 865
Revised Code.866

       (H) Whoever violates division (B) of this section is guilty867
of operating a vehicle after underage alcohol consumption and868
shall be punished as follows:869

       (1) Except as otherwise provided in division (H)(2) of this870
section, the offender is guilty of a misdemeanor of the fourth871
degree. In addition to any other sanction imposed for the offense, 872
the court shall impose a class six suspension of the offender's873
driver's license, commercial driver's license, temporary 874
instruction permit, probationary license, or nonresident operating 875
privilege from the range specified in division (A)(6) of section876
4510.02 of the Revised Code.877

       (2) If, within one year of the offense, the offender878
previously has been convicted of or pleaded guilty to one or more879
violations of division (A) or (B) of this section or other880
equivalent offenses, the offender is guilty of a misdemeanor of 881
the third degree. In addition to any other sanction imposed for 882
the offense, the court shall impose a class four suspension of the883
offender's driver's license, commercial driver's license, 884
temporary instruction permit, probationary license, or nonresident 885
operating privilege from the range specified in division (A)(4) of886
section 4510.02 of the Revised Code.887

       (3) If the offender also is convicted of or also pleads 888
guilty to a specification of the type described in section 889
2941.1416 of the Revised Code and if the court imposes a jail term 890
for the violation of division (B) of this section, the court shall 891
impose upon the offender an additional definite jail term pursuant 892
to division (E) of section 2929.24 of the Revised Code.893

       (I)(1) No court shall sentence an offender to an alcohol894
treatment program under this section unless the treatment program895
complies with the minimum standards for alcohol treatment programs896
adopted under Chapter 3793. of the Revised Code by the director of897
alcohol and drug addiction services.898

       (2) An offender who stays in a drivers' intervention program899
or in an alcohol treatment program under an order issued under900
this section shall pay the cost of the stay in the program.901
However, if the court determines that an offender who stays in an902
alcohol treatment program under an order issued under this section903
is unable to pay the cost of the stay in the program, the court904
may order that the cost be paid from the court's indigent drivers'905
alcohol treatment fund.906

       (J) If a person whose driver's or commercial driver's license907
or permit or nonresident operating privilege is suspended under908
this section files an appeal regarding any aspect of the person's909
trial or sentence, the appeal itself does not stay the operation910
of the suspension.911

       (K) Division (A)(1)(j) of this section does not apply to a 912
person who operates a vehicle, streetcar, or trackless trolley 913
while the person has a concentration of a listed controlled 914
substance or a listed metabolite of a controlled substance in the 915
person's whole blood, blood serum or plasma, or urine that equals 916
or exceeds the amount specified in that division, if both of the 917
following apply:918

       (1) The person obtained the controlled substance pursuant to 919
a prescription issued by a licensed health professional authorized 920
to prescribe drugs.921

       (2) The person injected, ingested, or inhaled the controlled 922
substance in accordance with the health professional's directions.923

       (L) The prohibited concentrations of a controlled substance 924
or a metabolite of a controlled substance listed in division 925
(A)(1)(j) of this section also apply in a prosecution of a 926
violation of division (D) of section 2923.16 of the Revised Code 927
in the same manner as if the offender is being prosecuted for a 928
prohibited concentration of alcohol.929

       (M) All terms defined in section 4510.01 of the Revised Code930
apply to this section. If the meaning of a term defined in section931
4510.01 of the Revised Code conflicts with the meaning of the same 932
term as defined in section 4501.01 or 4511.01 of the Revised Code, 933
the term as defined in section 4510.01 of the Revised Code applies 934
to this section.935

       (N)(1) The Ohio Traffic Rules in effect on January 1, 2004, 936
as adopted by the supreme court under authority of section 2937.46 937
of the Revised Code, do not apply to felony violations of this 938
section. Subject to division (N)(2) of this section, the Rules of 939
Criminal Procedure apply to felony violations of this section.940

       (2) If, on or after January 1, 2004, the supreme court 941
modifies the Ohio Traffic Rules to provide procedures to govern 942
felony violations of this section, the modified rules shall apply 943
to felony violations of this section.944

       Sec. 4519.02.  (A) Except as provided in divisions (B), (C),945
and (D) of this section, no person shall operate any snowmobile,946
off-highway motorcycle, or all-purpose vehicle within this state947
unless the snowmobile, off-highway motorcycle, or all-purpose948
vehicle is registered and numbered in accordance with sections949
4519.03 and 4519.04 of the Revised Code.950

       (B) No registration is required for a snowmobile, off-highway951
motorcycle, or all-purpose vehicle that is operated exclusively 952
upon lands owned by the owner of the snowmobile, off-highway 953
motorcycle, or all-purpose vehicle, or on lands to which the owner 954
has a contractual right.955

       (C) No registration is required for a snowmobile, off-highway 956
motorcycle, or all-purpose vehicle owned and used in this state by 957
a resident of another state whenever that state has in effect a 958
registration law similar to this chapter and the snowmobile, 959
off-highway motorcycle, or all-purpose vehicle is properly 960
registered under that state's law. Any snowmobile, off-highway961
motorcycle, or all-purpose vehicle owned and used in this state by962
a person who is not a resident of thisa state not having a 963
registration law similar to this chapter shall comply with section 964
4519.09 of the Revised Code.965

       (D) No registration is required for a snowmobile, off-highway966
motorcycle, or all-purpose vehicle owned and used in this state by 967
the United States, another state, or a political subdivision 968
thereof, but the snowmobile, off-highway motorcycle, or969
all-purpose vehicle shall display the name of the owner thereon.970

       (E) The owner or operator of any all-purpose vehicle operated 971
or used upon the waters in this state shall comply with Chapters 972
1547. and 1548. of the Revised Code relative to the operation of 973
watercraft.974

       (F) Except as otherwise provided in this division, whoever975
violates division (A) of this section shall be fined not more than976
twenty-five dollars. If the offender previously has been convicted 977
of or pleaded guilty to a violation of division (A) of this 978
section, whoever violates division (A) of this section shall be 979
fined not less than twenty-five nor more than fifty dollars.980

       Sec. 4519.09.  Every owner or operator of a snowmobile,981
off-highway motorcycle, or all-purpose vehicle who is not a 982
resident of thisa state not having a registration law similar to 983
this chapter, and who expects to use the snowmobile, off-highway984
motorcycle, or all-purpose vehicle in Ohio, shall apply to the 985
registrar of motor vehicles or a deputy registrar for a temporary 986
operating permit. The temporary operating permit shall be issued 987
for a period not to exceed fifteen days from the date of issuance, 988
shall be in such form as the registrar determines, shall include 989
the name and address of the owner and operator of the snowmobile, 990
off-highway motorcycle, or all-purpose vehicle, and any other 991
information as the registrar considers necessary, and shall be 992
issued upon payment of a fee of five dollars. Every owner or 993
operator receiving a temporary operating permit shall display it 994
upon the reasonable request of any law enforcement officer or 995
other person as authorized by sections 4519.42 and 4519.43 of the 996
Revised Code.997

       Section 2.  That existing sections 4511.19, 4519.02, and 998
4519.09 of the Revised Code are hereby repealed.999

       Section 3. All appropriation items in this section are hereby 1000
appropriated as designated out of moneys in the state treasury to 1001
the credit of the Indigent Defense Support Fund. For all 1002
appropriations made in this act, the amounts in the first column 1003
are for fiscal year 2008, and the amounts in the second column are 1004
for fiscal year 2009. The appropriations made in this act are in 1005
addition to any other appropriations made for the FY 2008-2009 1006
biennium.1007

PUB OHIO PUBLIC DEFENDER COMMISSION
1008

State Special Revenue Fund1009

5DY 019-618 Indigent Defense Support Fund $ 3,700,000 $ 3,700,000 1010
TOTAL SSR State Special Revenue Fund $ 3,700,000 $ 3,700,000 1011
TOTAL ALL BUDGET FUND GROUPS $ 3,700,000 $ 3,700,000 1012


       Section 4. All items in this section are hereby appropriated 1014
as designated out of any moneys in the state treasury to the 1015
credit of the Operating Expenses Fund (Fund 5M8). For all 1016
appropriations made in this act, those in the first column are for 1017
fiscal year 2008 and those in the second column are for fiscal 1018
year 2009. The appropriations made in this act are in addition to 1019
any other appropriations made for the FY 2008-2009 biennium.1020

Appropriations

TUP Tobacco Use Prevention Foundation
1021

Tobacco Master Settlement Agreement Fund Group1022

5M8 970-601 Operating Expenses $ 0 $ 1,990,790 1023
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 0 $ 1,990,790 1024
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 1,990,790 1025


       Section 5. Within the limits set forth in this act, the 1027
Director of Budget and Management shall establish accounts 1028
indicating the source and amount of money for each appropriation 1029
made in this act and shall determine the form and manner in which 1030
appropriation accounts shall be maintained. Expenditures from 1031
appropriations contained in this act shall be accounted for as 1032
though made in Am. Sub. H.B. 119 of the 127th General Assembly.1033

       The appropriations made in this act are subject to all 1034
provisions of Am. Sub. H.B. 119 of the 127th General Assembly that 1035
are generally applicable to such appropriations.1036

       Section 6. Except as otherwise specifically provided in this 1037
act, the sections of law contained in this act and the items of 1038
which they are composed are not subject to the referendum. 1039
Therefore, under Ohio Constitution, Article II, Section 1d and 1040
section 1.471 of the Revised Code, the sections of law contained 1041
in this act and the items of which they are composed go into 1042
immediate effect when this act becomes law.1043

       Section 7.  Sections 4519.02 and 4519.09 of the Revised 1044
Code, as amended by this act, are subject to the referendum. 1045
Therefore, under Ohio Constitution, Article II, Section 1c and 1046
section 1.471 of the Revised Code, the sections as amended by this 1047
act take effect on the ninety-first day after this act is filed 1048
with the Secretary of State. If, however, a referendum petition is 1049
filed against either section as amended by this act, the section 1050
as amended, unless rejected at the referendum, takes effect at the 1051
earliest time permitted by law.1052