As Reported by the Committee of Conference
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Bolon, Boyd, Brown, Carney, Chandler, DeBose, Domenick, Dyer, Fende, Foley, Garrison, Hagan, Harris, Heard, Koziura, Letson, Luckie, Mallory, Otterman, Patten, Pillich, Pryor, Stewart, Sykes, Szollosi, Weddington, Williams, B., Williams, S., Winburn, Yates, Yuko
Senators Fedor, Gillmor, Goodman, Kearney, Miller, D., Miller, R., Morano, Patton, Sawyer, Schiavoni, Smith, Strahorn, Turner, Wilson, Harris, Cafaro
A BILL
To amend sections 121.51, 133.52, 151.01,
151.09,
151.40, 955.201, 1548.10,
1751.53, 2911.21,
2949.094, 3304.14, 3719.21, 3905.423,
3923.38,
4141.242, 4141.301, 4163.01,
4163.07, 4501.01,
4501.03,
4501.044, 4501.06,
4501.21, 4501.34,
4503.04,
4503.042, 4503.07,
4503.10, 4503.103,
4503.182,
4503.19, 4503.191, 4503.26,
4503.40,
4503.42, 4503.65,
4505.032, 4505.09, 4505.14,
4506.07, 4506.08,
4506.11, 4507.06,
4507.13,
4507.23,
4507.24, 4507.51,
4507.52,
4509.05,
4511.01, 4511.093, 4511.181,
4511.191, 4511.21,
4511.213,
4513.03, 4513.263, 4513.34, 4517.021,
4519.02,
4519.03, 4519.04,
4519.08, 4519.09,
4519.10,
4519.44, 4519.47,
4519.59,
4519.63,
4561.17,
4561.18,
4561.21, 4729.42, 4729.99,
4776.02, 4776.04,
4928.64, 4928.65, 4981.02,
5501.03,
5501.311,
5501.34,
5502.03,
5502.39,
5502.67,
5502.68,
5515.01,
5515.07,
5517.011,
5525.15,
5531.09,
5537.07, 5537.99,
5541.05,
and 5571.20;
to
enact sections 5.24, 121.53,
122.077, 123.153,
3905.425, 3905.426,
4501.026,
4511.108, 4905.801, 4905.802, 4981.40, 5501.60,
5502.131,
5531.11,
5531.12,
5531.13, 5531.14,
5531.15,
5531.16,
5531.17,
5531.18, 5531.99,
and 5537.30;
to
repeal
sections
955.202 and
5902.09 of the
Revised Code; to
amend
Section
229.10 of Am.
Sub. H.B. 67 of the
127th
General
Assembly, as
subsequently
amended;
and
to
amend
Sections
217.10, 217.11,
239.10,
241.10,
243.10,
243.11, and 503.40 of
Am. Sub.
H.B. 562 of the
127th
General
Assembly
to make
appropriations for
programs
related to
transportation and public
safety for
the
biennium beginning July 1, 2009,
and ending
June
30, 2011, to provide
authorization and
conditions for the operation of
those and other
programs, to
appropriate federal stimulus moneys
received under the American
Recovery
Reinvestment Act of 2009, to repeal section
121.53
of the Revised Code on September 30, 2013,
to further amend sections 1751.53 and 3923.38 of
the Revised Code, effective January 1, 2010, to
revive the law as it existed prior to this act,
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 121.51, 133.52,
151.01,
151.09, 151.40, 955.201, 1548.10, 1751.53, 2911.21,
2949.094,
3304.14, 3719.21,
3905.423, 3923.38, 4141.242, 4141.301, 4163.01,
4163.07,
4501.01, 4501.03,
4501.044,
4501.06,
4501.21,
4501.34, 4503.04,
4503.042,
4503.07, 4503.10, 4503.103,
4503.182,
4503.19, 4503.191, 4503.26, 4503.40, 4503.42, 4503.65,
4505.032, 4505.09, 4505.14, 4506.07, 4506.08, 4506.11,
4507.06,
4507.13, 4507.23,
4507.24, 4507.51, 4507.52,
4509.05, 4511.01,
4511.093, 4511.181, 4511.191,
4511.21, 4511.213,
4513.03,
4513.263, 4513.34, 4517.021, 4519.02, 4519.03,
4519.04, 4519.08,
4519.09,
4519.10, 4519.44, 4519.47, 4519.59, 4519.63, 4561.17,
4561.18,
4561.21, 4729.42, 4729.99, 4776.02, 4776.04, 4928.64,
4928.65, 4981.02, 5501.03, 5501.311,
5501.34, 5502.03, 5502.39,
5502.67,
5502.68, 5515.01, 5515.07,
5517.011, 5525.15,
5531.09,
5537.07,
5537.99, 5541.05, and 5571.20 be amended and
sections 5.24, 121.53, 122.077, 123.153, 3905.425,
3905.426,
4501.026, 4511.108, 4905.801, 4905.802, 4981.40, 5501.60,
5502.131,
5531.11, 5531.12,
5531.13, 5531.14, 5531.15,
5531.16,
5531.17,
5531.18, 5531.99,
and 5537.30
of the
Revised Code be
enacted to read as follows:
Sec. 5.24. The city of Dayton and county of Montgomery are
hereby designated as an Ohio hub of innovation and opportunity for
aerospace and aviation.
Sec. 121.51. There is hereby created in the office of the
inspector general the position of deputy inspector general for the
department of transportation. The inspector general shall appoint
the deputy inspector general, and the deputy inspector general
shall serve at the pleasure of the inspector general. A person
employed as the deputy inspector general shall have the same
qualifications as those specified in section 121.49 of the Revised
Code for the inspector general. The inspector general shall
provide technical, professional, and clerical assistance to the
deputy inspector general. The inspector general shall certify to
the director of budget and management the costs, including the
salaries of the deputy
inspector general and the employees
assisting the deputy inspector
general, that the inspector
general expects the deputy inspector
general to incur during the
fiscal year or such lesser period for
which the certification is
made. The director of budget and
management shall transfer the
amounts certified to
There is hereby created in the state treasury
the
deputy
inspector general for ODOT fund,
which is hereby
created in
the
state treasury, from the
appropriation made to
the department
of transportation from which
expenditures for
general
administrative purposes, as
distinguished from specific
infrastructure projects, are made.
The transfers shall be made in
accordance with a schedule that
the inspector general considers
to
be appropriate but shall not
be in amounts that would create
a
balance in the fund in excess
of need or that would exceed the
amount appropriated from the
fund. The fund shall consist of
money credited to the fund for the payment of costs incurred by
the deputy inspector general in performing the duties of the
deputy inspector general as specified in this section. The
inspector general shall
use
the deputy inspector
general for
ODOT fund to pay costs
incurred
by the deputy
inspector
general in performing the
duties of the deputy inspector
general
as required under this
section.
The deputy inspector general shall investigate all wrongful
acts or omissions that have been committed or are being committed
by employees of the department. In addition, the deputy inspector
general shall conduct a program of random review of the processing
of contracts associated with building and maintaining the state's
infrastructure. The random review program shall be designed by the
inspector general. The program shall be confidential and may be
altered by the inspector general at any time. The deputy inspector
general has the same powers and duties regarding matters
concerning the department as those specified in sections 121.42,
121.43, and 121.45 of the Revised Code for the inspector general.
Complaints may be filed with the deputy inspector general in the
same manner as prescribed for complaints filed with the inspector
general under section 121.46 of the Revised Code. All
investigations conducted and reports issued by the deputy
inspector general are subject to section 121.44 of the Revised
Code.
All officers and employees of the department shall cooperate
with and provide assistance to the deputy inspector general in the
performance of any investigation conducted by the deputy inspector
general. In particular, those persons shall make their premises,
equipment, personnel, books, records, and papers readily available
to the deputy inspector general. In the course of an
investigation, the deputy inspector general may question any
officers or employees of the department and any person transacting
business with the department and may inspect and copy any books,
records, or papers in the possession of the department, taking
care to preserve the confidentiality of information contained in
responses to questions or the books, records, or papers that are
made confidential by law. In performing any investigation, the
deputy inspector general shall avoid interfering with the ongoing
operations of the department, except insofar as is reasonably
necessary to complete the investigation successfully.
At the conclusion of an investigation by the deputy inspector
general, the deputy inspector general shall deliver to the
director of transportation and the governor any case for which
remedial action is necessary. The deputy inspector general shall
maintain a public record of the activities of the deputy inspector
general to the extent permitted under this section, ensuring that
the rights of the parties involved in each case are protected. The
inspector general shall include in the annual report required by
section 121.48 of the Revised Code a summary of the deputy
inspector general's activities during the previous year.
No person shall disclose any information that is designated
as confidential in accordance with section 121.44 of the Revised
Code or any confidential information that is acquired in the
course of an investigation conducted under this section to any
person who is not legally entitled to disclosure of that
information.
Sec. 121.53. There is hereby created in the office of the
inspector general the position of deputy inspector general for
funds received through the American Recovery and Reinvestment Act
of 2009. The inspector general shall appoint the deputy inspector
general, and the deputy inspector general shall serve at the
pleasure of the inspector general. A person employed as the deputy
inspector general shall have the same qualifications as those
specified in section 121.49 of the Revised Code for the inspector
general. The inspector general shall provide technical,
professional, and clerical assistance to the deputy inspector
general.
There is hereby created in the state treasury the deputy
inspector general for funds received through the American recovery
and reinvestment act of 2009 fund. The fund shall consist of money
credited to the fund for the payment of costs incurred by the
deputy inspector general for performing the duties of the deputy
inspector general as specified in this section. The inspector
general shall use the fund to pay costs incurred by the deputy
inspector general in performing the duties of the deputy inspector
general as required under this section.
The deputy inspector general shall monitor relevant state
agencies' distribution of funds received from the federal
government under the "American Recovery and Reinvestment Act of
2009," Pub. Law 111-5, 123 Stat. 115 and shall investigate all
wrongful
acts or omissions that have been committed or are being
committed
by officers or employees of, or contractors with,
relevant state agencies
with respect to money received from the
federal government under
the American Recovery and Reinvestment
Act of 2009. In addition,
the deputy inspector general shall
conduct a program of random
review of the processing of
contracts associated with projects to
be paid for with such
money. The random review program shall be
designed by the
inspector general. The program shall be
confidential and may be
altered by the inspector general at any
time. The deputy
inspector general has the same powers and duties
regarding
matters concerning such money as those specified in
sections
121.42, 121.43, and 121.45 of the Revised Code for the
inspector
general. Complaints may be filed with the deputy
inspector
general in the same manner as prescribed for complaints
filed
with the inspector general under section 121.46 of the
Revised
Code. All investigations conducted and reports issued by
the
deputy inspector general are subject to section 121.44 of the
Revised Code.
All relevant state agencies shall cooperate with and provide
assistance to the deputy inspector general in the performance of
any investigation conducted by the deputy inspector general. In
particular, those persons shall make their premises, equipment,
personnel, books, records, and papers readily available to the
deputy inspector general. In the course of an investigation, the
deputy inspector general may question any officers or employees of
the relevant agency and any person transacting business with the
agency and may inspect and copy any books, records, or papers in
the possession of the agency, taking care to preserve the
confidentiality of information contained in responses to questions
or the books, records, or papers that are made confidential by
law. In performing any investigation, the deputy inspector general
shall avoid interfering with the ongoing operations of the agency,
except as is reasonably necessary to complete the investigation
successfully.
At the conclusion of an investigation by the deputy
inspector, the deputy inspector general shall deliver to the
speaker and minority leader of the house of representatives,
president and minority leader of the senate, governor, and
relevant agency any case for which remedial action is necessary.
The deputy inspector general shall maintain a public record of the
activities of the deputy inspector general to the extent permitted
under this section, ensuring that the rights of the parties
involved in each case are protected. The inspector general shall
include in the annual report required by section 121.48 of the
Revised Code a summary of the deputy inspector general's
activities during the previous year.
No person shall disclose any information that is designated
as confidential in accordance with section 121.44 of the Revised
Code or any confidential information that is acquired in the
course of an investigation conducted under this section to any
person who is not legally entitled to disclosure of that
information.
As used in this section, "relevant state agencies" has the
same meaning as "state agency" in section 121.41 of the Revised
Code insofar as those agenices are the recipients or distributors
of funds apportioned under the "American Recovery and Reinvestment
Act of 2009," Pub. Law 111-5, 123 Stat. 115.
In this section, "American Recovery and Reinvestment Act of
2009" means the "American Recovery and Reinvestment Act of 2009, "
Pub. L. No. 111-5, 123 Stat. 115.
Sec. 122.077. For the purpose of promoting the use of energy
efficient products to reduce greenhouse gas emissions in this
state, the director of development shall establish an energy star
rebate program under which the director may provide rebates to
consumers for household devices carrying the energy star label
indicating that the device meets the energy efficiency criteria of
the energy star program established by the United States
department of energy and the United States environmental
protection agency. The director shall adopt rules under Chapter
119. of the Revised Code that are necessary for successful and
efficient administration of the energy star rebate program and
shall specify in the rules that grant availability is limited to
federal stimulus funds or any other funds specifically
appropriated for such a program.
Sec. 123.153. (A) As used in this section:
(1) "Minority business enterprise" has the same meaning as in
section 123.151 of the Revised Code.
(2) "EDGE business enterprise" has the same meaning as in
section 123.152 of the Revised Code.
(B) Beginning October 1, 2009, and on the first day of
October in each year thereafter, the director of administrative
services shall submit a written report to the governor and to each
member of the general assembly describing the progress made by
state agencies in advancing the minority business enterprise
program and the encouraging diversity, growth, and equity program.
The report shall highlight the initiatives implemented to
encourage participation of minority-owned, as well as socially and
economically disadvantaged, businesses in programs funded by
federal money received by the state for fiscal stabilization and
recovery purposes. The report shall also include the total number
of procurement contracts each agency has entered into with
certified minority business enterprises and EDGE business
enterprises.
Sec. 133.52. A county, municipal corporation, or township may
issue or incur public obligations, including general obligations,
to provide, or assist in providing, grants, loans, loan
guarantees, or contributions for conservation and revitalization
purposes pursuant to Section Sections 2o and 2q of Article VIII,
Ohio
Constitution.
Sec. 151.01. (A) As used in sections 151.01 to
151.11 and
151.40 of
the Revised Code
and
in the applicable bond
proceedings
unless
otherwise provided:
(1)
"Bond proceedings" means the resolutions, orders,
agreements, and
credit enhancement facilities, and amendments and
supplements to
them, or any one or more or combination of them,
authorizing,
awarding, or providing for the terms and conditions
applicable to
or providing for the security or liquidity of, the
particular
obligations, and the provisions contained in those
obligations.
(2)
"Bond service fund" means the respective bond service
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07,
151.08, 151.09, 151.10, 151.11, or 151.40 of the
Revised Code, and
any accounts in
that fund,
including all
moneys and investments,
and earnings from
investments, credited
and to be credited to that
fund and accounts
as and to the extent
provided in the applicable
bond proceedings.
(3)
"Capital facilities" means capital facilities or
projects
as
referred to in section 151.03, 151.04, 151.05, 151.06,
151.07,
151.08, 151.09, 151.10, 151.11, or 151.40
of the Revised Code.
(4)
"Costs of capital facilities" means the costs of
acquiring,
constructing, reconstructing, rehabilitating,
remodeling,
renovating, enlarging, improving, equipping, or
furnishing capital
facilities, and of the financing of those
costs.
"Costs of capital
facilities" includes, without
limitation,
and in addition to costs
referred to in section
151.03, 151.04,
151.05, 151.06, 151.07,
151.08, 151.09, 151.10, 151.11, or 151.40
of the
Revised
Code, the cost of
clearance and preparation of the
site
and of any
land to be used
in connection with capital
facilities,
the cost of
any indemnity
and surety bonds and
premiums on
insurance, all
related direct
administrative expenses
and
allocable portions of
direct costs of
the issuing authority,
costs
of engineering and
architectural
services, designs, plans,
specifications, surveys,
and estimates
of cost, financing costs,
interest on obligations
from their date
to the time when interest
is to be paid from
sources other than
proceeds of obligations,
amounts necessary to
establish any
reserves as required by the
bond proceedings, the
reimbursement of
all moneys advanced or
applied by or borrowed
from any person or
governmental agency or
entity for the payment
of any item of costs
of capital facilities,
and all other expenses
necessary or
incident to planning or
determining feasibility or
practicability
with respect to capital
facilities, and such other
expenses as may
be necessary or
incident to the acquisition,
construction,
reconstruction,
rehabilitation, remodeling,
renovation,
enlargement, improvement,
equipment, and furnishing of
capital
facilities, the financing of
those costs, and the placing
of the
capital facilities in use and
operation, including any one,
part
of, or combination of those
classes of costs and expenses. For purposes of sections 122.085 to
122.0820 of the Revised Code, "costs of capital facilities"
includes "allowable costs" as defined in section 122.085 of the
Revised Code.
(5)
"Credit enhancement facilities,"
"financing costs," and
"interest" or
"interest equivalent" have the same meanings as in
section 133.01 of the Revised Code.
(6)
"Debt service" means principal, including any mandatory
sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, interest
equivalent, and any redemption premium, payable on obligations.
If
not prohibited by the applicable bond proceedings, debt service
may
include costs relating to credit enhancement facilities that
are
related to and represent, or are intended to provide a source
of
payment
of or limitation on, other debt service.
(7)
"Issuing authority" means the Ohio public facilities
commission created in section 151.02 of the Revised Code
for
obligations issued under section 151.03, 151.04, 151.05,
151.07,
151.08, 151.09, 151.10, or 151.11
of the
Revised Code, or
the
treasurer of state,
or the
officer who
by law performs the
functions of
that office,
for
obligations
issued under section
151.06 or 151.40
of the
Revised Code.
(8)
"Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire
outstanding
obligations, amounts required to be deposited into
special funds
pursuant to the applicable bond proceedings, and
amounts to be
used to pay financing costs.
(9)
"Obligations" means bonds, notes, or other evidences of
obligation of the state, including any appertaining interest
coupons, issued
under Section 2k, 2l, 2m, 2n, 2o, 2p, 2q, or 15 of
Article
VIII, Ohio Constitution, and
pursuant to sections 151.01
to
151.11 or
151.40
of the
Revised Code
or other general assembly
authorization.
(10)
"Principal amount" means the aggregate of the amount as
stated or provided for in the applicable bond proceedings as the
amount on which interest or interest equivalent on particular
obligations is initially calculated. Principal amount does not
include any premium paid to the state by the initial purchaser of
the obligations.
"Principal amount" of a capital appreciation
bond, as defined in division (C) of section 3334.01 of the Revised
Code, means its face amount, and "principal amount" of a zero
coupon bond, as defined in division (J) of section 3334.01 of the
Revised Code, means the discounted offering price at which the
bond is initially sold to the public, disregarding any purchase
price discount to the original purchaser, if provided for pursuant
to the bond proceedings.
(11)
"Special funds" or
"funds," unless the context
indicates
otherwise, means the bond service fund, and any other
funds,
including any reserve funds, created under the bond
proceedings
and
stated to be special funds in those proceedings,
including
moneys
and investments, and earnings from investments,
credited
and to be
credited to the particular fund. Special funds
do not
include the
school building program assistance fund created
by
section 3318.25
of the Revised Code, the higher education
improvement fund created
by division (F) of section 154.21 of the
Revised Code, the highway
capital improvement bond fund created by
section 5528.53 of the Revised Code,
the state parks
and natural
resources fund created
by section 1557.02 of the Revised Code, the
coal research and
development fund created by section 1555.15 of
the Revised Code,
the clean Ohio conservation fund created by
section 164.27 of the Revised Code, the clean Ohio revitalization
fund created by section 122.658 of the Revised Code, the job ready
site development fund created by section 122.0820 of the Revised
Code, the third frontier research and development fund created by
section 184.19 of the Revised Code, the third frontier research
and development taxable bond fund created by section 184.191 of
the Revised Code,
or other
funds created by the bond proceedings
that are not stated
by those
proceedings to be special funds.
(B) Subject to
Section 2l, 2m, 2n,
2o, 2p, 2q, or 15, and
Section
17, of
Article VIII, Ohio Constitution, the state, by the
issuing
authority, is authorized to issue and sell, as provided in
sections 151.03 to
151.11 or 151.40 of the Revised Code,
and in
respective
aggregate principal amounts as from time to time
provided or
authorized by the general assembly, general
obligations of this
state for the purpose of paying costs of
capital facilities or
projects identified by or pursuant to
general assembly action.
(C) Each issue of obligations shall be authorized by
resolution
or order of the issuing authority. The bond
proceedings
shall provide for
or authorize the manner for
determining the
principal amount or
maximum principal amount of
obligations of an
issue, the principal
maturity or maturities, the
interest rate or
rates, the date of
and the dates of payment of
interest on the
obligations, their
denominations, and the place or
places of
payment of debt service
which may be within or outside
the state.
Unless otherwise
provided by law, the latest principal
maturity
may not be later
than the earlier of the thirty-first day
of
December of the
twenty-fifth calendar year after the year of
issuance of the
particular obligations or of the twenty-fifth
calendar year after
the year in which the original obligation to
pay was issued or
entered into. Sections 9.96, 9.98, 9.981,
9.982,
and 9.983 of the Revised
Code apply to obligations. The
purpose of
the obligations
may be stated in the bond proceedings
in general
terms, such as,
as applicable,
"financing or assisting
in the
financing of
projects as provided in Section 2l of Article
VIII,
Ohio
Constitution,"
"financing or assisting in the financing
of
highway
capital improvement projects as provided in Section 2m
of
Article VIII,
Ohio Constitution,"
"paying costs of capital
facilities for
a system of common schools throughout the state as
authorized by
Section 2n of Article VIII, Ohio Constitution,"
"paying
costs of capital facilities for state-supported and
state-assisted
institutions of higher education as authorized by
Section
2n of Article VIII, Ohio Constitution,"
"paying costs of
coal research and development as authorized by Section 15 of
Article
VIII, Ohio Constitution,"
"financing or
assisting in
the
financing of local subdivision capital improvement
projects as
authorized by Section 2m of Article VIII,
Ohio Constitution,"
"paying costs of conservation projects as authorized by Section
Sections 2o and 2q
of Article VIII, Ohio Constitution,"
"paying
costs of
revitalization projects as
authorized by Section Sections
2o and 2q
of Article
VIII, Ohio Constitution," "paying costs of
preparing sites for industry, commerce, distribution, or research
and development as authorized by Section 2p of Article VIII, Ohio
Constitution," or "paying costs of research and development as
authorized by Section 2p of Article VIII, Ohio Constitution."
(D) The issuing authority may appoint or provide for the
appointment of paying agents, bond registrars, securities
depositories, clearing corporations, and transfer agents, and may
without need for any other approval retain or contract for the
services of
underwriters, investment
bankers, financial advisers,
accounting experts, marketing,
remarketing, indexing, and
administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in the
judgment of the issuing
authority to carry out
the issuing
authority's functions under
this
chapter.
When the issuing
authority
is
the Ohio public facilities
commission, the issuing
authority
also
may without need for any
other approval retain or
contract for the
services of attorneys
and other professionals for
that purpose.
Financing costs are
payable, as may be provided in
the bond
proceedings, from the
proceeds of the obligations, from
special
funds, or from other
moneys available for the purpose.
(E) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the obligations or
to particular obligations including, but not limited to,
provisions
for:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions, and at particular price or prices and under
particular terms and conditions;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application
of
special funds, and the safeguarding of moneys on hand or on
deposit,
in lieu of the applicability of provisions of Chapter
131. or 135.
of the Revised Code, but subject to any special
provisions of
sections 151.01 to
151.11 or 151.40 of the
Revised
Code with
respect to the
application of particular funds
or
moneys. Any
financial
institution that acts as a depository of
any
moneys in
special
funds or other funds under the bond
proceedings
may
furnish
indemnifying bonds or pledge securities as
required by
the
issuing
authority.
(4) Any or every provision of the bond proceedings being
binding
upon the issuing authority and upon such governmental
agency or
entity, officer, board, commission, authority, agency,
department,
institution, district, or other person or body as may
from time to
time be authorized to take actions as may be
necessary to perform
all or any part of the duty required by the
provision;
(5) The maintenance of each pledge or instrument comprising
part
of the bond proceedings until the state has fully paid or
provided
for the payment of the debt service on the obligations or
met other
stated conditions;
(6) In the event of default in any payments required to be
made
by the bond proceedings, or by any other agreement of the
issuing
authority made as part of a contract under which the
obligations
were issued or secured, including a credit enhancement
facility, the
enforcement of those payments by mandamus, a suit in
equity, an action
at law, or any combination of those remedial
actions;
(7) The rights and remedies of the holders or owners of
obligations or of book-entry interests in them, and of third
parties
under any credit enhancement facility, and provisions for
protecting and enforcing those rights and remedies, including
limitations on rights of individual holders or owners;
(8) The replacement of mutilated, destroyed, lost, or stolen
obligations;
(9) The funding, refunding, or advance refunding, or other
provision for payment, of obligations that will then no longer be
outstanding for purposes of this section or of the applicable bond
proceedings;
(10) Amendment of the bond proceedings;
(11) Any other or additional agreements with the owners of
obligations, and such other provisions as the issuing authority
determines, including limitations, conditions, or qualifications,
relating to any of the foregoing.
(F) The great seal of the state or a facsimile of it may be
affixed to or printed on the obligations. The obligations
requiring
execution by or for the issuing authority shall be
signed as
provided in the bond proceedings. Any obligations may
be
signed
by the individual who on the date of execution is the
authorized
signer although on the date of these obligations that
individual
is not an authorized signer. In case the individual
whose
signature or facsimile signature appears on any obligation
ceases
to be an authorized signer before delivery of the
obligation, that
signature or facsimile is nevertheless valid and
sufficient for
all purposes as if that individual had remained the
authorized
signer until delivery.
(G) Obligations are investment securities under Chapter
1308.
of the Revised Code. Obligations may be issued in bearer or
in
registered form, registrable as to principal alone or as to
both
principal and interest, or both, or in certificated or
uncertificated form, as the issuing authority determines.
Provision may be made for the exchange, conversion, or transfer of
obligations and for reasonable charges for registration, exchange,
conversion, and transfer. Pending preparation of final
obligations, the issuing authority may provide for the issuance of
interim instruments to be exchanged for the final obligations.
(H) Obligations may be sold at public sale or at private
sale,
in such manner, and at such price at, above or below par,
all as determined by
and provided by the issuing authority in the
bond proceedings.
(I) Except to the extent that rights are restricted by the
bond
proceedings, any owner of obligations or provider of a credit
enhancement facility may by any suitable form of legal proceedings
protect and enforce any rights relating to obligations or that
facility under the laws of this state or granted by the bond
proceedings. Those rights include the right to compel the
performance of all applicable duties of the issuing authority and
the state. Each duty of the issuing authority and that
authority's
officers, staff, and employees, and of each state
entity or
agency, or using district or using institution, and its
officers,
members, staff, or employees, undertaken pursuant to the
bond
proceedings, is hereby established as a duty of the entity or
individual having authority to perform that duty, specifically
enjoined by law and resulting from an office, trust, or station
within the meaning of section 2731.01 of the Revised Code. The
individuals who are from time to time the issuing authority,
members or
officers of the
issuing authority, or those members'
designees acting pursuant to
section 151.02 of the Revised Code,
or the issuing authority's officers,
staff, or employees, are not
liable in their personal capacities on any
obligations or
otherwise under the bond proceedings.
(J)(1) Subject to
Section
2k, 2l, 2m, 2n,
2o, 2p, 2q, or 15,
and
Section 17,
of Article VIII, Ohio Constitution and sections
151.01
to
151.11 or 151.40
of the Revised Code, the issuing
authority
may, in addition
to the
authority referred to in
division (B) of
this section,
authorize
and provide for the
issuance of:
(a) Obligations in the form of bond anticipation notes, and
may
provide for the renewal of those notes from time to time by
the
issuance of new notes. The holders of notes or appertaining
interest coupons have the right to have debt service on those
notes paid solely from the moneys and special funds that are or
may be pledged to that payment, including the proceeds of bonds or
renewal notes or both, as the issuing authority provides in the
bond proceedings authorizing the notes. Notes may be additionally
secured by covenants of the issuing authority to the effect that
the issuing authority and the state will do all things necessary
for the issuance of bonds or renewal notes in such principal
amount and upon such terms as may be necessary to provide moneys
to pay when due the debt service on the notes, and apply their
proceeds to the extent necessary, to make full and timely payment
of debt service on the notes as provided in the applicable bond
proceedings.
In the bond proceedings authorizing the issuance of
bond
anticipation notes the issuing authority shall set forth for
the
bonds anticipated an estimated schedule of annual principal
payments
the latest of which shall be no later than provided in
division
(C) of this section. While the notes are outstanding
there shall
be deposited, as shall be provided in the bond
proceedings for
those notes, from the sources authorized for
payment of debt
service on the bonds, amounts sufficient to pay
the principal of
the bonds anticipated as set forth in that
estimated schedule
during the time the notes are outstanding,
which amounts shall be
used solely to pay the principal of those
notes or of the bonds
anticipated.
(b) Obligations for the refunding, including funding and
retirement, and advance refunding with or without payment or
redemption prior to maturity, of any obligations previously
issued.
Refunding obligations may be issued in amounts sufficient
to pay
or to provide for repayment of the principal amount,
including
principal amounts maturing prior to the redemption of
the
remaining prior obligations, any redemption premium, and
interest
accrued or to accrue to the maturity or redemption date
or dates,
payable on the prior obligations, and related financing
costs and
any expenses incurred or to be incurred in connection
with that
issuance and refunding. Subject to the applicable bond
proceedings, the portion of the proceeds of the sale of refunding
obligations issued under division (J)(1)(b) of this
section to be
applied to
debt service on the prior obligations shall be credited
to an
appropriate separate account in the bond service fund and
held in
trust for the purpose by the issuing authority or by a
corporate
trustee. Obligations authorized under this division
shall be
considered to be issued for those purposes for which the
prior
obligations were issued.
(2) Except as otherwise provided in sections 151.01 to
151.11
or 151.40 of the Revised
Code, bonds or notes
authorized
pursuant
to
division (J) of this section are subject to
the
provisions of
those
sections pertaining to obligations
generally.
(3) The principal amount of refunding or renewal obligations
issued pursuant to division (J) of this section shall be in
addition
to the amount authorized by the general assembly as
referred to in division
(B) of the following sections: section
151.03, 151.04, 151.05,
151.06, 151.07,
151.08, 151.09, 151.10,
151.11, or
151.40
of the Revised
Code.
(K) Obligations are lawful investments for banks, savings
and
loan associations, credit union share guaranty corporations,
trust
companies, trustees, fiduciaries, insurance companies,
including
domestic for life and domestic not for life, trustees or
other
officers having charge of sinking and bond retirement or
other
special funds of the state and political subdivisions and
taxing
districts of this state, the sinking fund, the
administrator of
workers' compensation subject to the approval of
the workers'
compensation board, the state teachers retirement
system, the
public employees retirement system, the school
employees
retirement system, and the Ohio police and fire
pension
fund,
notwithstanding any other provisions of the Revised Code or
rules
adopted pursuant to those provisions by any state
agency
with
respect to investments by them, and are also
acceptable as
security for the repayment of the deposit of public
moneys. The
exemptions from taxation in Ohio as provided for in
particular
sections of the Ohio Constitution and section
5709.76 of the
Revised Code apply to the obligations.
(L)(1) Unless otherwise provided or provided for in any
applicable
bond proceedings, moneys to the credit of or in a
special fund
shall be disbursed on the order of the issuing
authority. No such
order is required for the payment, from the
bond service fund or
other special fund, when due of debt service
or required payments
under credit enhancement facilities.
(2) Payments received by the state under interest rate
hedges
entered into as credit enhancement facilities under this
chapter
shall
be deposited to the credit of the bond service fund
for the
obligations
to which those credit enhancement facilities
relate.
(M) The full faith and credit, revenue, and taxing power of
the
state are and shall be pledged to the timely payment of debt
service on outstanding obligations as it comes due, all in
accordance with Section
2k, 2l, 2m, 2n,
2o, 2p, 2q, or 15 of
Article VIII,
Ohio
Constitution, and section 151.03, 151.04,
151.05, 151.06,
151.07,
151.08, 151.09, 151.10, or 151.11 of the
Revised Code. Moneys referred
to in Section
5a
of Article XII,
Ohio Constitution, may not be
pledged or used
for
the payment of
debt service except on
obligations referred to
in
section 151.06
of the Revised Code.
Net
state lottery proceeds, as provided for
and referred to in section
3770.06 of the Revised Code, may not be
pledged or used for the
payment of debt service except on
obligations referred to in
section 151.03 of the Revised Code.
The
state covenants, and
that
covenant shall be controlling
notwithstanding any other
provision
of law, that the state and the
applicable officers and
agencies of
the state, including the
general assembly, shall, so
long as any
obligations are
outstanding in accordance with their
terms,
maintain statutory
authority for and cause to be levied,
collected
and applied
sufficient pledged excises, taxes, and
revenues of the
state so
that the revenues shall be sufficient in
amounts to pay
debt
service when due, to establish and maintain
any reserves and
other
requirements, and to pay financing costs,
including costs of
or
relating to credit enhancement facilities,
all as provided for
in
the bond proceedings. Those excises,
taxes, and revenues are
and
shall be deemed to be levied and
collected, in addition to the
purposes otherwise provided for by
law, to provide for the payment
of debt service and financing
costs in accordance with sections
151.01 to
151.11 of the Revised Code and the
bond
proceedings.
(N) The general assembly may from time to time repeal or
reduce
any excise, tax, or other source of revenue pledged to the
payment
of the debt service pursuant to Section
2k, 2l, 2m, 2n,
2o, 2p, 2q, or
15
of
Article VIII, Ohio Constitution, and sections
151.01
to
151.11 or 151.40
of the Revised Code, and may levy,
collect
and
apply
any
new or
increased excise, tax, or revenue to
meet the
pledge,
to
the
payment of debt service on outstanding
obligations,
of the
state's
full faith and credit, revenue and
taxing power,
or
of designated revenues and receipts, except
fees,
excises or taxes
referred to in Section 5a of
Article XII,
Ohio
Constitution, for
other than obligations referred to in
section
151.06 of the
Revised Code and except net state lottery
proceeds
for other than
obligations referred to in section 151.03
of the
Revised Code.
Nothing in division (N) of this section
authorizes
any
impairment
of the obligation of this state to levy
and collect
sufficient
excises, taxes, and revenues to pay debt
service on
obligations
outstanding in accordance with their terms.
(O) Each bond service fund is a trust fund and is hereby
pledged to the payment of debt service on the applicable
obligations. Payment of that debt service shall be made or
provided for by the issuing authority in accordance with the bond
proceedings without necessity for any act of appropriation. The
bond proceedings may provide for the establishment of separate
accounts in the bond service fund and for the application of those
accounts only to debt service on specific obligations, and for
other accounts in the bond service fund within the general
purposes of that fund.
(P) Subject to the bond proceedings pertaining to any
obligations
then outstanding in accordance with their terms, the
issuing
authority may in the bond proceedings pledge all, or such
portion
as the issuing authority determines, of the moneys in the
bond
service fund to the payment of debt service on particular
obligations, and for the establishment and maintenance of any
reserves for payment of particular debt service.
(Q)
The issuing authority shall by the
fifteenth day of
July
of each fiscal year, certify or cause to
be certified to the
office of budget and
management the total
amount of moneys
required during the current
fiscal year to meet
in full all debt
service on the respective
obligations and any
related financing
costs payable from the
applicable bond service
fund and not from
the proceeds of
refunding or renewal
obligations. The issuing
authority
shall make or cause to be made
supplemental
certifications to the
office of budget and management
for each
debt service payment date
and at such other times during
each
fiscal year as may be provided
in the bond proceedings or
requested by that office. Debt
service, costs of credit
enhancement facilities, and other
financing costs shall be set
forth separately in each
certification. If and so long as the
moneys to
the credit of the bond service fund, together with any
other
moneys available for the purpose, are insufficient to meet
in full
all payments when due of the amount required as stated in
the
certificate or otherwise, the office of budget and management
shall at the times as provided in the bond proceedings, and
consistent with any particular provisions in sections 151.03 to
151.11 and 151.40 of the Revised Code, transfer a sufficient
amount to
the
bond service fund from the pledged revenues in the
case of obligations issued pursuant to section 151.40 of the
Revised Code, and in the case of other obligations from the
revenues derived from excises,
taxes,
and other revenues,
including net state lottery proceeds in
the
case of obligations
referred to in section 151.03 of the
Revised
Code.
(R) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of special funds may be invested
by or on behalf of the state only in one or more of the following:
(1) Notes,
bonds, or other direct obligations of the
United
States or of any agency or instrumentality of the United
States,
or in
no-front-end-load money market mutual funds
consisting
exclusively
of those obligations, or in repurchase
agreements,
including those
issued by any fiduciary, secured by
those
obligations, or
in collective investment funds consisting
exclusively of those
obligations;
(2) Obligations of this state or any political subdivision
of
this state;
(3) Certificates of deposit of any national bank located in
this
state and any bank, as defined in section 1101.01 of the
Revised Code, subject
to inspection by the superintendent of
financial institutions;
(4) The treasurer of state's pooled investment program under
section 135.45 of the Revised Code.
The income from investments referred to in division (R)
of
this section shall, unless otherwise provided in sections 151.01
to
151.11 or 151.40
of the Revised Code, be
credited to
special
funds or
otherwise as the
issuing authority determines in
the bond
proceedings. Those
investments may be sold or exchanged
at times
as the issuing
authority determines, provides for, or
authorizes.
(S) The treasurer of state shall have responsibility for
keeping
records, making reports, and making payments, relating to
any
arbitrage rebate requirements under the applicable bond
proceedings.
Sec. 151.09. (A) As used in this section:
(1) "Costs of
conservation projects" includes related direct
administrative
expenses and allocable portions of the direct costs
of those
projects of the department of agriculture, the department
of natural resources, or the Ohio public
works
commission.
(2) "Obligations" means obligations
as defined in section
151.01 of the Revised Code issued to pay costs of
projects for
conservation purposes as referred to in division
(A)(1) of Section
2o of Article VIII, Ohio Constitution and division (A)(1) of
Section 2q of Article VIII, Ohio Constitution.
(B)(1) The issuing authority shall issue general
obligations
of the state to pay
costs of conservation projects
pursuant to
division (B)(1) of
Section 2o of Article VIII, Ohio
Constitution,
division (B)(1) of Section 2q of Article VIII, Ohio Constitution,
section 151.01 of
the Revised Code, and this
section. The issuing
authority, upon
the certification to it by
the Ohio public works
commission of amounts needed in and for the
purposes of the clean
Ohio conservation
fund created by section
164.27 of the Revised
Code, the clean
Ohio agricultural easement
fund created by
section
901.21 of the
Revised Code, and the clean
Ohio trail fund
created
by section
1519.05 of the Revised Code,
shall issue
obligations in
the amount determined by the
issuing
authority to
be required for
those purposes. Not more than two four hundred million dollars
principal
amount of
obligations issued under this section for
conservation purposes may be outstanding at any one time. Not more
than fifty million dollars principal amount of obligations, plus
the principal amount of obligations that in any prior fiscal year
could have been, but were not issued within the
fifty-million-dollar fiscal year limit, may be issued in any
fiscal year.
(2) In making the certification required under division
(B)(1) of this section, the Ohio public works commission shall
consult with the department of agriculture and the department of
natural resources. The commission shall certify amounts that
correspond to the distribution of the net proceeds of obligations
provided in division (C) of this section.
(C) Net proceeds of obligations shall be deposited
as
follows:
(1) Seventy-five per cent into the clean Ohio conservation
fund created by section 164.27 of the Revised Code;
(2) Twelve and one-half per cent into the clean Ohio
agricultural easement fund created by section 901.21 of the
Revised Code;
(3) Twelve and one-half per cent into the clean Ohio trail
fund created by section 1519.05 of the Revised Code.
(D) There is hereby created in the state treasury the
conservation projects bond service fund. All moneys received by
the
state and required by the bond proceedings, consistent with
section 151.01 of the Revised Code and this section, to be
deposited,
transferred, or credited to the bond service fund, and
all other
moneys transferred or allocated to or received for the
purposes of
that fund, shall be deposited and credited to the bond
service
fund, subject to any applicable provisions of the bond
proceedings, but without necessity for any act of appropriation.
During the period beginning with the date of the first issuance of
obligations and continuing during the time that any obligations
are outstanding in accordance with their terms, so long as moneys
in the bond service fund are insufficient to pay debt service when
due on those obligations payable from that fund, except the
principal amounts of bond anticipation notes payable from the
proceeds of renewal notes or bonds anticipated, and due in the
particular fiscal year, a sufficient amount of revenues of the
state is committed and, without necessity for further act of
appropriation, shall be paid to the bond service fund for the
purpose of paying that debt service when due.
Sec. 151.40. (A) As used in this section:
(1) "Bond proceedings" includes any trust agreements, and
any
amendments or supplements to them, as
authorized by this
section.
(2) "Costs of revitalization projects" includes related
direct administrative expenses and allocable portions of the
direct costs of those projects of the department of development or
the
environmental protection agency.
(3) "Issuing authority" means the treasurer of state.
(4) "Obligations" means obligations
as defined in section
151.01 of the Revised Code issued to pay the costs
of projects for
revitalization purposes as referred to in division
(A)(2) of
Section 2o of Article VIII, Ohio Constitution and division (A)(2)
of Section 2q of Article VIII, Ohio Constitution.
(5) "Pledged liquor profits" means all receipts of the
state
representing the gross profit on the sale of spirituous
liquor, as
referred to in division (B)(4) of section 4301.10 of
the Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided in
that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as it was in
effect on May 2, 1980,
to be paid into the state treasury.
(6) "Pledged receipts" means, as and to the extent provided
in bond proceedings:
(a) Pledged liquor profits. The pledge of pledged liquor
profits to obligations is subject to the priority of the pledge of
those profits to obligations issued and to be issued pursuant to
Chapter 166. of the
Revised Code.
(b) Moneys accruing to the state from the lease, sale, or
other disposition or use of revitalization projects or from the
repayment, including any interest, of loans or advances made from
net proceeds;
(c) Accrued interest received from the sale of obligations;
(d) Income from the investment of the special funds;
(e) Any gifts, grants, donations, or pledges, and receipts
therefrom, available for the payment of debt service;
(f) Additional or any other specific revenues or receipts
lawfully available to be
pledged, and pledged, pursuant to further
authorization by the general assembly, to the payment of debt
service.
(B)(1) The issuing authority shall issue obligations of the
state to pay
costs of revitalization projects pursuant to division
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, division
(B)(2) of Section 2q of Article VIII, Ohio Constitution, section
151.01 of
the Revised Code as applicable to this section, and this
section. The issuing authority, upon
the certification to it by
the clean Ohio council of the amount of
moneys needed in and for
the purposes of the clean Ohio revitalization
fund created by
section 122.658 of the Revised Code, shall issue
obligations in
the
amount determined by the issuing
authority to be required for
those purposes. Not more than two four hundred million dollars
principal amount of obligations issued
under this section for
revitalization purposes may be outstanding at any one time. Not
more than fifty million dollars principal amount of obligations,
plus the principal amount of obligations that in any prior fiscal
year could have been, but were not issued within the
fifty-million-dollar fiscal year limit, may be issued in any
fiscal year.
(2) The provisions and authorizations in section
151.01 of
the Revised
Code apply to the obligations and the bond
proceedings
except as
otherwise provided or provided for in those
obligations
and bond
proceedings.
(C) Net proceeds of obligations
shall be deposited in the
clean Ohio revitalization fund created in section 122.658 of the
Revised Code.
(D) There is hereby created the
revitalization projects
bond
service fund, which shall be in the custody of the treasurer
of
state, but shall be separate and apart from and not a part of
the
state treasury. All money received by
the state and required
by
the bond proceedings, consistent with
section 151.01 of the
Revised Code and this section, to be
deposited, transferred, or
credited to the bond service fund, and
all other money transferred
or allocated to or received for the
purposes of that fund, shall
be deposited and credited to the bond
service fund, subject to any
applicable provisions of the bond
proceedings, but without
necessity for any act of appropriation.
During the period
beginning with the date of the first issuance of
obligations and
continuing during the time that any obligations
are outstanding in
accordance with their terms, so long as moneys
in the bond service
fund are insufficient to pay debt service when
due on those
obligations payable from that fund, except the
principal amounts
of bond anticipation notes payable from the
proceeds of renewal
notes or bonds anticipated, and due in the
particular fiscal year,
a sufficient amount of pledged receipts is
committed and, without
necessity for further act of appropriation,
shall be paid to the
bond service fund for the purpose of paying
that debt service when
due.
(E) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of the debt service charges on obligations issued
under
this section, and for the establishment and maintenance of
any
reserves, as provided in the bond proceedings, and make other
provisions in the bond proceedings with respect to pledged
receipts as authorized by this section, which provisions are
controlling notwithstanding any other provisions of law pertaining
to them.
(F) The issuing authority may covenant in the bond
proceedings, and such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and state agencies, including the general
assembly, so long as any obligations issued under this section are
outstanding, shall maintain statutory authority for and cause to
be charged and collected wholesale or retail prices for spirituous
liquor sold by the state or its agents so that the available
pledged receipts are sufficient in time and amount to meet debt
service payable from pledged liquor profits and for the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings.
(G) Obligations
may be further secured, as determined by
the
issuing authority, by a trust agreement between
the state and
a
corporate trustee, which may be
any trust company
or bank having
a
place of business
within the state.
Any trust
agreement may
contain the
resolution or
order authorizing the
issuance of the
obligations,
any provisions
that may be contained
in any bond
proceedings, and
other
provisions that are customary
or
appropriate in an agreement
of that type, including, but not
limited to:
(1) Maintenance of each pledge, trust agreement, or other
instrument comprising part of the bond proceedings until
the state
has fully paid or provided for the payment of debt
service on the
obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The obligations shall not be
general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them. The holders
or owners of the obligations shall have no right
to have any moneys obligated or
pledged for the payment of debt
service except as provided in
this section and in the applicable
bond proceedings. The rights
of the holders and owners to payment
of debt service are limited
to all or that portion of the pledged
receipts, and those special
funds, pledged to the payment of debt
service pursuant to the bond
proceedings in accordance with this
section, and each obligation
shall bear on its face a statement to
that effect.
Sec. 955.201. (A) As used in this section and in section
955.202
of the Revised Code, "Ohio pet fund" means a
nonprofit
corporation organized by that name under Chapter 1702. of
the
Revised Code that consists of humane societies,
veterinarians,
animal
shelters, companion animal breeders, dog wardens, and
similar
individuals and entities.
(B) The Ohio pet fund shall do all of the
following:
(1) Establish eligibility criteria for organizations that may
receive financial assistance from the pets program funding board
created in section
955.202
of the Revised Code Ohio pet fund.
Those organizations may include any of
the
following:
(a) An animal shelter as defined in section 4729.01 of the
Revised Code;
(b) A local nonprofit veterinary association that operates a
program for the sterilization of dogs and cats;
(c) A charitable organization that is exempt from federal
income
taxation under subsection 501(c)(3) of the Internal
Revenue
Code and the primary purpose of which is
to support programs for
the
sterilization of dogs and cats and educational programs
concerning the
proper veterinary care of those animals.
(2) Establish procedures for applying for financial
assistance
from the pets program funding board Ohio pet fund.
Application procedures shall require
eligible organizations to
submit detailed proposals that outline the intended
uses of the
moneys sought.
(3) Establish eligibility criteria for sterilization and
educational programs for which moneys from the pets program
funding board Ohio pet fund may be
used and, consistent with
division
(C)
of this section, establish eligibility criteria for
individuals who seek
sterilization for their dogs and cats from
eligible
organizations;
(4) Establish procedures for the disbursement of moneys the
pets program funding board Ohio pet fund receives from license
plate contributions pursuant to division (C) of section 4503.551
of the Revised Code;
(5) Advertise or otherwise provide notification of the
availability of financial assistance from the pets program funding
board Ohio pet fund for eligible
organizations;
(6) Design markings to be inscribed on "pets" license plates
under
section 4503.551 of the Revised Code.
(C)(1) The owner of a dog or cat is eligible for dog or cat
sterilization services from an eligible organization when those
services are
subsidized in whole or in part by
money from the pets
program funding board Ohio pet fund if any of the following
applies:
(a) The income of the owner's family does not exceed one
hundred
fifty per cent of the federal poverty guideline.
(b) The owner, or any member of the owner's family who
resides with the owner, is a recipient or beneficiary of one of
the following government assistance programs:
(i) Low-income housing assistance under the "United States
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the
federal section 8 housing program;
(ii) The Ohio works first program established by Chapter
5107. of the Revised Code;
(iii) Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, known as the medical
assistance program or medicaid, provided by the department of job
and family services under Chapter 5111. of the Revised Code;
(iv) A program or law administered by the United States
department of veterans' affairs or veterans' administration for
any service-connected disability;
(v) The food stamp program established under the "Food Stamp
Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended,
administered by the department of job and family services under
section 5101.54 of the Revised Code;
(vi) The "special supplemental nutrition program for women,
infants, and children" established under the "Child Nutrition Act
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered
by the department of health under section 3701.132 of the Revised
Code;
(vii) Supplemental security income under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as
amended;
(viii) Social security disability insurance benefits provided
under Title II of the "Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.A. 401, as amended.
(c) The owner of the dog or cat submits to the eligible
organization operating the sterilization program either of the
following:
(i) A certificate of adoption showing that the dog or cat was
adopted from a licensed animal shelter, a municipal, county, or
regional pound, or a holding and
impoundment facility that
contracts with a municipal corporation;
(ii) A certificate of adoption showing that the dog or cat
was
adopted through a nonprofit corporation operating an animal
adoption referral service whose
holding facility, if any, is
licensed in accordance with state law or a municipal
ordinance.
(2) The Ohio pet fund shall determine the type of documentary
evidence that must be presented by the owner of a dog or cat to
show that the income of the owner's family does not exceed one
hundred fifty per cent of the federal poverty guideline or that
the owner is eligible under division (C)(1)(b) of this section.
(D) As used in division (C) of this section, "federal
poverty
guideline" means the official poverty guideline as revised
annually by
the United States department of health and human
services
in accordance with section 673(2) of the "Omnibus Budget
Reconciliation Act of 1981," 95
Stat. 511, 42 U.S.C.A. 9902, as
amended, for a family size equal to the size of the family of the
person
whose income is being determined.
Sec. 1548.10. (A) The clerk of the court of common pleas
shall
charge a fee of five and retain fees as follows:
(1) Fifteen dollars for each memorandum certificate of
title,
each non-negotiable evidence of ownership, and
each
duplicate copy
of a certificate of title.
The fees shall be
retained by the clerk
shall retain that entire fee.
In addition to those fees, the clerk shall charge a fee of
five
(2) Fifteen dollars for each certificate of title and for
each, which shall include any notation
or indication
of any lien
or security interest on a certificate of
title and any memorandum
certificate of title or non-negotiable evidence of ownership
requested at the time the certificate of title is issued. The
clerk shall retain two ten dollars and fifty cents of the that fee
charged for
each certificate of
title, and three dollars and fifty
cents of
the fee charged for each
notation or indication of any
lien or
security interest.
(3) Five dollars for each certificate of title with no
security interest noted that is issued to a licensed watercraft
dealer for resale purposes. The clerk shall retain two dollars of
that fee.
(4) Five dollars for each memorandum certificate of title or
non-negotiable evidence of ownership that is applied for
separately. The clerk shall retain that entire fee.
(B) The remaining
fees charged for a certificate
of title and
the notation or indication of any
lien or security
interest on a
certificate of title that are not retained by the clerk shall be
paid to the chief
of
the division of watercraft by monthly
returns, which shall be
forwarded to the chief not later than the
fifth day of the month
next succeeding that in which the
certificate is forwarded, or
that in which the chief is notified
of a lien or security interest
or
cancellation
of a lien or
security interest.
The chief shall deposit one dollar of the amount
the chief
receives for each
certificate of title in the automated title
processing fund created in section
4505.09 of the Revised Code.
Moneys deposited in that fund under this section
shall be used for
the purpose specified in division (B)(3)(b) of that section.
Sec. 1751.53. (A) As used in this section:
(1) "Group contract" means a group health insuring
corporation contract covering employees that meets either of the
following
conditions:
(a) The contract was issued by an entity that,
on June 4,
1997, holds a certificate
of
authority or license to operate
under
Chapter 1738. or 1742. of
the
Revised Code, and covers an
employee at
the time the
employee's employment is terminated.
(b) The contract is delivered,
issued for delivery, or
renewed in this state after
June 4, 1997, and
covers an employee
at
the time the employee's
employment is terminated.
(2) "Eligible employee" means an employee to whom all of
the
following apply:
(a) The employee has
been continuously covered under a group
contract or under the
contract and any prior similar group
coverage replaced by the
contract, during the entire three-month
period preceding the
termination of the employee's employment.
(b) The employee is
entitled, at the time of the termination
of this employment, to
unemployment compensation benefits under
Chapter 4141. of the Revised Code The employee did not voluntarily
terminate the employee's employment and the termination of
employment is not a result of any gross misconduct on the part of
the employee.
(c) The employee is not,
and does not become, covered by or
eligible for coverage by
medicare.
(d) The employee is not,
and does not become, covered by or
eligible for coverage by any
other insured or uninsured
arrangement that provides hospital,
surgical, or medical coverage
for individuals in a group and
under which the employee was not
covered immediately prior to
the termination of employment. A
person eligible for
continuation of coverage under this section,
who is also
eligible for coverage under section 3923.123 of the
Revised Code, may elect either
coverage, but not both. A person
who elects continuation of
coverage may elect any coverage
available under section 3923.123
of the Revised
Code upon the
termination of
the continuation of coverage.
(B) A group contract
shall provide that any eligible employee
may continue the
coverage under the contract, for the employee and
the employee's
eligible dependents, for a period of six twelve
months
after the date
that the group coverage would otherwise
terminate
by reason of
the termination of the employee's
employment. Each
certificate
of coverage issued to employees
under the contract
shall include
a notice of the employee's
privilege of
continuation.
(C) All of the following
apply to the continuation of group
coverage required under
division (B) of this
section:
(1) Continuation need not include any supplemental health
care services benefits or specialty health care services benefits
provided by
the group contract.
(2) The employer shall notify the employee of the right
of
continuation at the time the employer notifies the employee
of the
termination of employment. The notice shall inform the
employee of
the amount of contribution required by the employer
under division
(C)(4) of this
section.
(3) The employee shall file a written election of
continuation with the employer and pay the employer the first
contribution required under division
(C)(4) of this section. The
request and payment must be received by the employer no later
than
the earlier of any of the following dates:
(a) Thirty-one days
after the date on which the employee's
coverage would otherwise
terminate;
(b) Ten days after the
date on which the employee's coverage
would otherwise terminate,
if the employer has notified the
employee of the right of
continuation prior to this date;
(c) Ten days after the
employer notifies the employee of the
right of continuation, if
the notice is given after the date on
which the employee's
coverage would otherwise terminate.
(4) The employee must pay to the employer, on a monthly
basis, in advance, the amount of contribution required by the
employer. The amount required shall not exceed the group rate
for
the insurance being continued under the policy on the due
date of
each payment.
(5) The employee's privilege to continue coverage and the
coverage under any continuation ceases if any of the following
occurs:
(a) The employee ceases to be an eligible employee under
division (A)(2)(c)
or (d) of this section;
(b) A period of six twelve
months expires after the date that
the
employee's coverage under
the group contract would otherwise
have
terminated because of
the termination of employment;
(c) The employee fails
to make a timely payment of a required
contribution, in which
event the coverage shall cease at the end
of the coverage for
which contributions were made;
(d) The group contract
is terminated, or the employer
terminates participation under
the contract, unless the employer
replaces the coverage by
similar coverage under another contract
or other group health
arrangement. If the employer replaces the
contract with similar
group health coverage, all of the following
apply:
(i) The member shall be
covered under the replacement
coverage, for the balance of the
period that the member would have
remained covered under the
terminated coverage if it had not been
terminated.
(ii) The minimum level
of benefits under the replacement
coverage shall be the
applicable level of benefits of the contract
replaced reduced by
any benefits payable under the contract
replaced.
(iii) The contract
replaced shall continue to provide
benefits to the extent of its
accrued liabilities and extensions
of benefits as if the
replacement had not occurred.
(D) This section does
not apply to any group contract
offering only
supplemental health care services or specialty
health care services.
(E) An employer shall notify the health insuring corporation
if the employee elects continuation of coverage under this
section. The health insuring corporation may require the employer
to provide documentation if the employee elects continuation of
coverage and is seeking premium assistance for the continuation of
coverage under the "American Recovery and Investment Act of 2009,"
Pub. L. No. 111-5, 123 Stat. 115. The director of insurance shall
publish guidance for employers and health insuring corporations
regarding the contents of such
documentation.
Sec. 2911.21. (A) No person, without privilege to do so,
shall do any of the following:
(1) Knowingly enter or remain on the land or premises of
another;
(2) Knowingly enter or remain on the land or premises of
another, the use of which is lawfully restricted to certain
persons, purposes, modes, or hours, when the offender knows the
offender is in violation of any such restriction or is reckless in
that
regard;
(3) Recklessly enter or remain on the land or premises of
another, as to which notice against unauthorized access or
presence is given by actual communication to the offender, or in
a
manner prescribed by law, or by posting in a manner reasonably
calculated to come to the attention of potential intruders, or by
fencing or other enclosure manifestly designed to restrict
access;
(4) Being on the land or premises of another, negligently
fail or refuse to leave upon being notified by signage posted in a
conspicuous place or otherwise being notified to do so by the
owner
or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that
the
land or premises involved was owned, controlled, or in
custody of
a public agency.
(C) It is no defense to a charge under this section that
the
offender was authorized to enter or remain on the land or
premises
involved, when such authorization was secured by
deception.
(D)(1) Whoever violates this section is guilty of criminal
trespass, a misdemeanor of the fourth degree.
(E)(2) Notwithstanding section 2929.28 of the Revised Code,
if the person, in committing the violation of this section, used
an all-purpose vehicle, the court shall impose a fine of two times
the usual amount imposed for the violation.
(3) If an offender previously has been convicted of or
pleaded guilty to two or more violations of this section or a
substantially equivalent municipal ordinance, and the offender, in
committing each violation, used an all-purpose vehicle, the court,
in addition to or independent of all other penalties imposed for
the violation, may impound the certificate of registration and
license plate of that all-purpose vehicle for not less than sixty
days. In such a case, section 4519.47 of the Revised Code applies.
(E) Notwithstanding any provision of the Revised Code, if the
offender, in committing the violation of this section, used an
all-purpose vehicle, the clerk of the court shall pay the fine
imposed pursuant to this section to the state recreational vehicle
fund created by section 4519.11 of the Revised Code.
(F) As used in this section, "land:
(1) "All-purpose vehicle" has the same meaning as in section
4519.01 of the Revised Code.
(2) "Land or premises" includes
any land, building,
structure, or place belonging to, controlled
by, or in custody of
another, and any separate enclosure or room,
or portion thereof.
Sec. 2949.094. (A) The court in which any person is
convicted
of or pleads guilty to any moving violation shall
impose an
additional court cost of ten dollars upon the offender.
The court
shall not waive the payment of the ten dollars unless
the court
determines that the offender is indigent and waives the
payment of
all court costs imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all
additional court
costs collected pursuant to this division
during
a month on or before the
twenty-third day of the
following month to the
division of
criminal justice services,
and the division of
criminal justice
services shall deposit the
money
so transmitted
into state treasury of which ninety-seven
per cent shall be credited to the drug law enforcement fund
created
under
section 5502.68
of the Revised Code and the
remaining three per cent shall be credited to the justice program
services fund created under section 5502.67 of the Revised Code.
The clerk shall
transmit fifteen per cent of
all additional
court costs so
collected during a month on or before the
twenty-third day of the
following month to the
county or
municipal indigent drivers
alcohol treatment fund under
the
control of that court, as
created
by the county or municipal
corporation under division
(H) of section
4511.191 of the
Revised
Code.
The clerk shall
transmit fifty per
cent of all
additional court
costs so
collected
during a month on
or
before the twenty-third
day of
the following month to
the
state treasury to be credited
to the
indigent
defense support
fund created pursuant to section
120.08 of the
Revised Code.
(B) The juvenile court in which a child is found to be a
juvenile traffic offender for an act that is a moving violation
shall impose an additional court cost of ten dollars upon the
juvenile traffic offender. The juvenile court shall not waive the
payment of the ten dollars unless the court determines that the
juvenile is indigent and waives the payment of all court costs
imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all
additional court
costs collected pursuant to this division
during
a month on or before the
twenty-third day of the
following month to the
division of
criminal justice services,
and the division of
criminal justice
services shall deposit the
money
so transmitted
into state treasury of which ninety-seven
per cent shall be credited to the drug law enforcement fund
created
under
section 5502.68
of the Revised Code and the
remaining three per cent shall be credited to the justice program
services fund created under section 5502.67 of the Revised Code.
The clerk shall
transmit fifteen per cent of
all additional
court costs so
collected during a month on or before the
twenty-third day of the
following month to the
county juvenile
indigent drivers alcohol
treatment fund under the
control of
that court, as created
by
the county under
division (H) of
section 4511.191 of the Revised
Code. The clerk
shall
transmit
fifty per
cent of all additional
court costs so
collected
during a month
on or before the
twenty-third day of
the
following month to
the
state treasury
to be credited to the
indigent
defense support
fund created
pursuant to section
120.08
of the
Revised Code.
(C) Whenever a person is charged with any offense that is a
moving violation and posts bail, the court shall add to the amount
of the bail the ten dollars required to be paid by division (A)
of this section. The clerk of the court shall retain the ten
dollars until the person is convicted, pleads guilty, forfeits
bail, is found not guilty, or has the charges dismissed. If the
person is convicted, pleads guilty, or forfeits bail, the clerk
shall transmit three dollars and fifty cents out of the ten
dollars to the
division of criminal
justice services, and the
division of
criminal justice services
shall deposit the money so
transmitted
into state treasury of which ninety-seven
per cent
shall be credited to the drug law enforcement fund created under
section 5502.68
of the Revised Code and the
remaining three per
cent shall be credited to the justice program
services fund
created under section 5502.67 of the Revised Code, the clerk shall
transmit one
dollar and fifty
cents out
of
the ten dollars to
the
county,
municipal, or county
juvenile indigent drivers
alcohol
treatment
fund under the
control of that court, as
created
by the county
or municipal
corporation under division
(H) of section
4511.191
of the Revised
Code,
and the clerk
shall
transmit five
dollars
out of the ten dollars
to the
state
treasury to be
credited to
the indigent defense
support
fund
created under
section 120.08
of the Revised Code.
If the
person
is found not
guilty or
the
charges are
dismissed, the
clerk
shall return the
ten
dollars
to the
person.
(D) No person shall be placed or held in a detention facility
for failing to pay the court cost or bail that is required to be
paid by this section.
(E) As used in this section:
(1) "Bail" and "moving violation" have the same meanings as
in section 2949.093 of the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Division of criminal justice services" means the
division of criminal justice services of the department of public
safety, created by section 5502.62 of the Revised Code.
Sec. 3304.14. The rehabilitation services commission
governor shall appoint an
administrator of the rehabilitation
services commission to serve at the pleasure of the commission
governor and shall fix
his the administrator's compensation. The
administrator shall
devote his the administrator's entire time to
the duties of
his the administrator's office, shall hold no other
office or position of trust and profit,
and shall engage in no
other business during his the
administrator's term of office. The
commission governor
may delegate to grant the administrator the
authority to appoint, remove, and
discipline without regard to
sex, race, creed, color, age, or national origin,
such other
professional, administrative, and clerical staff members as are
necessary to carry out the functions
and duties of the
commission.
Sec. 3719.21. Except as provided in division (C) of section
2923.42, division (B) of section 2923.44, divisions
(D)(1),
(F),
and (H) of section 2925.03, division (D)(1) of
section
2925.02,
2925.04, or 2925.05, division (E)(1) of section
2925.11,
division
(F) of section 2925.13, division (F) of section
2925.36,
division
(D) of section 2925.22, division (H) of section
2925.23,
division
(M)
of section 2925.37, division (B) of
section
2925.42, division
(B) of section 2929.18, division
(D) of
section
3719.99,
division
(B)(1) of section 4729.65,
division
(E)(3)
of section
4729.99,
and division (I)(3)(4) of section
4729.99 of the Revised
Code,
the
clerk
of the
court
shall pay all
fines or forfeited
bail
assessed and
collected
under
prosecutions
or prosecutions
commenced for
violations of
this
chapter,
section
2923.42 of the
Revised Code,
or Chapter
2925. of
the Revised
Code,
within
thirty days, to the
executive
director of
the state
board of
pharmacy,
and the
executive
director shall
deposit the
fines
into the state
treasury
to the
credit of the
occupational
licensing and regulatory fund.
Sec. 3905.423. (A) As used in this section:
(1) "Consumer" has the same meaning as in section 1345.01 of
the Revised Code.
(2) "Consumer goods" means goods sold, leased, assigned,
awarded by chance, or transferred to a consumer in a consumer
transaction.
(3) "Consumer goods service contract" means a contract or
agreement to perform or pay for repairs, replacement, or
maintenance of consumer goods due to a defect in materials or
workmanship, normal wear and tear, power surges, or accidental
damage from handling, that is effective for a specified duration
and paid for by means other than the purchase of the consumer
goods. "Consumer goods service contract" does not include any of
the following:
(a) A contract or agreement to perform or pay for the repair,
replacement, or maintenance of a motor vehicle or utility vehicle,
as defined in section 4501.01 of the Revised Code, due to a defect
in materials or workmanship, normal wear and tear, mechanical or
electrical breakdown, or failure of parts or equipment of a motor
vehicle that is effective for a specified duration and paid for by
means other than the purchase of a motor vehicle or utility
vehicle;
(b) A vehicle protection product as defined in section
3905.421 of the Revised Code;
(c) A home service contract as defined in section 3905.422 of
the Revised Code;
(d) A motor vehicle tire or wheel road hazard contract as
defined in section 3905.425 of the Revised Code;
(e) A motor vehicle ancillary product protection contract as
defined in section 3905.426 of the Revised Code.
(4) "Consumer transaction" has the same meaning as in section
1345.01 of the Revised Code.
(5) "Contract holder" means the consumer who purchased goods
covered by a consumer goods service contract, any authorized
transferee or assignee of the consumer, or any other person
assuming the consumer's rights under the consumer goods service
contract.
(6) "Provider" means a person who is contractually obligated
to a contract holder under the terms of a consumer goods service
contract.
(7) "Reimbursement insurance policy" means a policy of
insurance issued by an insurer authorized or eligible to do
business in this state to a provider to pay, on behalf of the
provider in the event of the provider's nonperformance, all
covered contractual obligations incurred by the
provider under
the terms and conditions of the consumer goods
service contract.
(8) "Supplier" has the same meaning as in section 1345.01 of
the Revised Code.
(B) All consumer goods service contracts issued in this state
that provide for the performance of or payment for repairs,
replacement, or maintenance of consumer goods due to power surges
or accidental damage from handling shall be covered by a
reimbursement insurance policy.
(C) A consumer goods service contract issued by a provider
that is required to be covered by a reimbursement insurance policy
under division (B) of this section shall comply with conspicuously
state all of the
following requirements:
(1) Conspicuously state that That the obligations of the
provider
are guaranteed under a reimbursement insurance policy;
(2) Conspicuously state that That if a provider fails to
perform
or make payment due under the terms of the contract
within sixty
days after the contract holder requests performance
or payment
pursuant to the terms of the contract, the contract
holder may
request performance or payment directly from the
provider's
reimbursement insurance policy insurer, including,
but not limited
to, any obligation in the contract by which the
provider must
refund the contract holder upon cancellation of a
contract;
(3) Conspicuously state the The name, address, and telephone
number of the provider's reimbursement insurance policy insurer.
(D) A reimbursement insurance policy that is required to be
issued under this section shall contain a:
(1) A statement that if a provider fails to perform or make
payment due under the terms of the consumer goods service contract
within sixty days after the contract holder requests performance
or payment pursuant to the terms of the contract, the contract
holder may request performance or payment directly from the
provider's reimbursement insurance policy insurer, including, but
not
limited to, any obligation in the contract by which the
provider
must refund the contract holder upon cancellation of a
contract;
(2) A statement that in the event of cancellation of the
provider's reimbursement insurance policy, insurance coverage will
continue for all contract holders whose consumer goods service
contracts were issued by the provider and reported to the insurer
for coverage during the term of the reimbursement insurance
policy.
(E) The sale or issuance of a consumer goods service contract
is a consumer transaction for purposes of sections 1345.01 to
1345.13 of the Revised Code. The provider is the supplier and the
contract holder is the consumer for purposes of those sections.
(F) Unless issued by an insurer authorized or eligible to do
business in this state, a consumer goods service contract does not
constitute a contract substantially amounting to insurance, or the
contract's issuance the business of insurance, under section
3905.42 of the Revised Code.
(G) The rights of a contract holder against a provider's
reimbursement insurance policy insurer as provided in this section
apply
only in regard to a reimbursement insurance policy issued
under
this section. This section does not create any contractual
rights
in favor of a person that does not qualify as an insured
under any
other type of insurance policy described in Title
XXXIX of the
Revised Code.
Sec. 3905.425. (A) As used in this section:
(1) "Contract holder" means the person who purchased a motor
vehicle tire or wheel road hazard contract, any authorized
transferee or assignee of the purchaser, or any other person
assuming the purchaser's rights under the motor vehicle tire or
wheel road hazard contract.
(2) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code and also includes utility vehicles as
defined in that section.
(3) "Motor vehicle tire or wheel road hazard contract" means
a contract or agreement to perform or pay for repairs or
replacement of tires or wheels damaged because of a road hazard
with or without additional provisions for incidental payment of
indemnity under limited circumstances, including, without
limitation, towing, rental, and emergency road services,
that is
effective for a specified duration and paid for by means
other
than the purchase of the motor vehicle tire or wheel. "Motor
vehicle tire or wheel road hazard contract" does not include any
of the following:
(a) A contract or agreement to perform or pay for the repair,
replacement, or maintenance of a motor vehicle due to a defect in
materials or workmanship, normal wear and tear, mechanical or
electrical breakdown, or failure of parts or equipment of a motor
vehicle that is effective for a specified duration and paid for by
means other than the purchase of a motor vehicle;
(b) A vehicle protection product warranty
as defined in
section 3905.421 of the Revised Code;
(c) A home service contract as defined in section 3905.422 of
the Revised Code;
(d) A consumer goods service contract as defined in section
3905.423 of the Revised Code;
(e) A motor vehicle ancillary product protection contract as
defined in section 3905.426 of the Revised Code.
(4) "Provider" means a person who is contractually obligated
to a contract holder under the terms of a motor vehicle tire or
wheel road hazard contract.
(5) "Reimbursement insurance policy" means a policy of
insurance issued by an insurer authorized or eligible to do
business in this state to a provider to pay, on behalf of the
provider in the event of the provider's nonperformance, all
covered contractual obligations incurred by the
provider under
the terms and conditions of the motor vehicle tire
or wheel road
hazard contract.
(6) "Road hazard" means a condition that
may cause damage or
wear and tear to a tire or wheel on a public or private roadway,
roadside, driveway, or parking lot or garage, including potholes,
nails, glass, road
debris, and curbs. "Road hazard" does not
include fire, theft, vandalism or
malicious mischief, or other
perils normally covered by automobile
physical damage insurance.
(7) "Supplier" has the same meaning as in section 1345.01 of
the Revised Code.
(B)(1) All motor vehicle tire or wheel road hazard contracts
issued in this state
shall be covered by a reimbursement
insurance policy.
(2) A motor vehicle tire or wheel road hazard contract in
which the provider is a tire manufacturer is exempt from the
requirement of division (B)(1) of this section.
(C) A motor vehicle tire or wheel road hazard contract issued
by a provider that is required to be covered by a reimbursement
insurance policy under division (B) of this section shall
conspicuously state all of the following:
(1) "This contract is not insurance and is not subject to the
insurance laws of this state."
(2) That the obligations of the provider are guaranteed under
a reimbursement insurance policy;
(3) That if a provider fails to perform or make payment due
under the terms of the contract within sixty days after the
contract holder requests performance or payment pursuant to the
terms of the contract, the contract holder may request performance
or payment directly from the provider's reimbursement insurance
policy insurer, including any obligation in the contract by which
the provider must refund the contract holder upon cancellation of
a contract;
(4) The name, address, and telephone
number of the
provider's reimbursement insurance policy insurer.
(D) A motor vehicle tire or wheel road hazard contract in
which the provider is a tire manufacturer shall conspicuously
state all of the following:
(1) That this agreement is not an insurance contract;
(2) That any covered obligations or claims under this
contract are the responsibility of the provider;
(3) The names, addresses, and telephone numbers of any
administrator responsible for the administration of the contract,
the provider obligated to perform under the contract, and the
contract seller;
(4) The procedure for making a claim under the contract,
including a toll-free telephone number for claims service and a
procedure for obtaining emergency repairs or replacement performed
outside normal business hours.
(E) A reimbursement insurance policy that is required to be
issued under this section shall contain:
(1) A statement that if a provider fails to perform or make
payment due under the terms of the motor vehicle tire or wheel
road hazard contract within sixty days after the contract holder
requests performance or payment pursuant to the terms of the
contract, the contract holder may request performance or payment
directly from the provider's reimbursement insurance policy
insurer, including any obligation in the contract by which the
provider must refund the contract holder upon cancellation of a
contract;
(2) A statement that in the event of cancellation of the
provider's reimbursement insurance policy, insurance coverage will
continue for all contract holders whose motor vehicle tire or
wheel road hazard contracts were issued by the provider and
reported to the insurer for coverage during the term of the
reimbursement insurance policy.
(F) The sale or issuance of a motor vehicle tire or wheel
road hazard contract is a consumer transaction for purposes of
sections 1345.01 to 1345.13 of the Revised Code. The provider is
the supplier and the contract holder is the consumer for purposes
of those sections.
(G) Unless issued by an insurer authorized or eligible to do
business in this state, a motor vehicle tire or wheel road hazard
contract does not constitute a contract substantially amounting to
insurance, or the contract's issuance the business of insurance,
under section 3905.42 of the Revised Code.
(H) The rights of a contract holder against a provider's
reimbursement insurance policy insurer as provided in this section
apply only in regard to a reimbursement insurance policy issued
under this section. This section does not create any contractual
rights in favor of a person that does not qualify as an insured
under any other type of insurance policy described in Title XXXIX
of the Revised Code. This section does not prohibit the insurer of
a provider's reimbursement insurance policy from assuming
liability for contracts issued prior to the effective date of the
policy or this statute.
Sec. 3905.426. (A) As used in this section:
(1) "Contract holder" means the person who purchased a motor
vehicle ancillary product protection contract, any authorized
transferee or assignee of the purchaser, or any other person
assuming the purchaser's rights under the motor vehicle ancillary
product protection contract.
(2) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code and also includes utility vehicles as
defined in that section.
(3)(a) "Motor vehicle ancillary product protection contract"
means a contract or agreement that is effective for a specified
duration and paid for by means other than the purchase of a motor
vehicle, or its parts or equipment, to perform any one or more of
the following services:
(i) Repair or replacement of glass on a motor vehicle
necessitated by wear and tear or damage caused by a road hazard;
(ii) Removal of a dent, ding, or crease without affecting the
existing paint finish using paintless dent removal techniques but
which expressly excludes replacement of vehicle body panels,
sanding, bonding, or painting;
(iii) Repair to the interior components of a motor vehicle
necessitated by wear and tear but which expressly excludes
replacement of any part or component of a motor vehicle's
interior.
(b) "Motor vehicle ancillary product protection contract"
does not include any of the following:
(i) A contract or agreement to perform or pay for the repair,
replacement, or maintenance of a motor vehicle due to defect in
materials or workmanship, normal wear and tear, mechanical or
electrical breakdown, or failure of parts or equipment of a motor
vehicle that is effective for a specified duration and paid for by
means other than the purchase of a motor vehicle;
(ii) A vehicle protection product warranty as defined in
section 3905.421 of the Revised Code;
(iii) A home service contract as defined in section 3905.422
of the Revised Code;
(iv) A consumer goods service contract as defined in section
3905.423 of the Revised Code;
(v) A motor vehicle tire or wheel road hazard contract as
defined in section 3905.425 of the Revised Code.
(4) "Provider" means a person who is contractually obligated
to a contract holder under the terms of a motor vehicle ancillary
product protection contract.
(5) "Reimbursement insurance policy" means a policy of
insurance issued by an insurer authorized or eligible to do
business in this state to a provider to pay, on behalf of the
provider in the event of the provider's nonperformance, all
covered contractual obligations incurred by the provider under the
terms and conditions of the motor vehicle ancillary product
protection contract.
(6) "Supplier" has the same meaning as in section 1345.01 of
the Revised Code.
(B) All motor vehicle ancillary product protection contracts
issued in this state shall be covered by a reimbursement insurance
policy.
(C) A motor vehicle ancillary product protection contract
issued by a provider that is required to be covered by a
reimbursement insurance policy under division (B) of this section
shall conspicuously state all of the following:
(1) "This contract is not insurance and is not subject to the
insurance laws of this state."
(2) That the obligations of the provider are guaranteed under
a reimbursement insurance policy;
(3) That if a provider fails to perform or make payment due
under the terms of the contract within sixty days after the
contract holder requests performance or payment pursuant to the
terms of the contract, the contract holder may request performance
or payment directly from the provider's reimbursement insurance
policy insurer, including any obligation in the contract by which
the provider must refund the contract holder upon cancellation of
a contract;
(4) The name, address, and telephone number of the provider's
reimbursement insurance policy insurer.
(D) A motor vehicle ancillary product protection contract
that includes repair or replacement of glass on a motor vehicle as
provided in division (A)(3)(a)(i) of this section, shall
conspicuously state: "This contract may provide a duplication of
coverage already provided by your automobile physical damage
insurance policy.
(E) A reimbursement insurance policy that is required to be
issued under this section shall contain:
(1) A statement that if a provider fails to perform or make
payment due under the terms of the motor vehicle ancillary product
protection contract within sixty days after the contract holder
requests performance or payment pursuant to the terms of the
contract, the contract holder may request performance or payment
directly from the provider's reimbursement insurance policy
insurer, including any obligation in the contract by which the
provider must refund the contract holder upon cancellation of a
contract.
(2) A statement that in the event of cancellation of the
provider's reimbursement insurance policy, insurance coverage will
continue for all contract holders whose motor vehicle ancillary
product protection contracts were issued by the provider and
reported to the insurer for coverage during the term of the
reimbursement insurance policy.
(F) The sale or issuance of a motor vehicle ancillary product
protection contract is a consumer transaction for purposes of
sections 1345.01 to 1345.13 of the Revised Code. The provider is
the supplier and the contract holder is the consumer for purposes
of those sections.
(G) Unless issued by an insurer authorized or eligible to do
business in this state, a motor vehicle ancillary product
protection contract does not constitute a contract substantially
amounting to insurance, or the contract's issuance the business of
insurance, under section 3905.42 of the Revised Code.
(H) The rights of a contract holder against a provider's
reimbursement insurance policy insurer as provided in this section
apply only in regard to a reimbursement insurance policy issued
under this section. This section does not create any contractual
rights in favor of a person that does not qualify as an insured
under any other type of insurance policy described in Title XXXIX
of the Revised Code. This section does not prohibit the insurer of
a provider's reimbursement insurance policy from assuming
liability for contracts issued prior to the effective date of the
policy or this statute.
Sec. 3923.38. (A) As used in this section:
(1) "Group policy" includes any group sickness and
accident
policy or contract delivered, issued for delivery, or
renewed in
this state on or after June 28, 1984, and any private
or public
employer self-insurance plan or other plan that
provides, or
provides payment for, health care benefits for
employees resident
in this state other than through an insurer
or
health insuring
corporation, to
which both of the following apply:
(a) The policy insures employees for hospital, surgical,
or
major medical insurance on an expense incurred or service
basis,
other than for specified diseases or for accidental
injuries only.
(b) The policy is in effect and covers an eligible
employee
at the time the employee's employment is terminated.
(2) "Eligible employee" includes only an employee to whom
all
of the following apply:
(a) The employee has been continuously insured under a
group
policy or under the policy and any prior similar group
coverage
replaced by the policy, during the entire three-month
period
preceding the termination of the employee's employment.
(b) The employee is entitled, at the time of the
termination
of the employee's employment, to unemployment
compensation
benefits under Chapter 4141. of the Revised Code The employee did
not voluntarily terminate the employee's employment and the
termination of employment is not a result of any gross misconduct
on the part of the employee.
(c) The employee is not, and does not become, covered by
or
eligible for coverage by medicare under Title XVIII of the
Social
Security Act, as amended.
(d) The employee is not, and does not become, covered by
or
eligible for coverage by any other insured or uninsured
arrangement that provides hospital, surgical, or medical coverage
for individuals in a group and under which the person was not
covered immediately prior to such termination. A person eligible
for continuation of coverage under this section, who is also
eligible for coverage under section 3923.123 of the Revised Code,
may elect either coverage, but not both. A person who elects
continuation of coverage may elect any coverage available under
section 3923.123 of the Revised Code upon the termination of the
continuation of coverage.
(3) "Group rate" means, in the case of an employer
self-insurance or other health benefits plan, the average monthly
cost per employee, over a period of at least twelve months, of
the
operation of the plan that would represent a group insurance
rate
if the same coverage had been provided under a group
sickness and
accident insurance policy.
(B) A group policy shall provide that any eligible
employee
may continue the employee's hospital, surgical, and
medical
insurance under the policy, for the employee and the
employee's
eligible dependents, for a period of six twelve months after
the
date
that the insurance coverage would otherwise terminate by
reason of
the termination of the employee's employment.
Each
certificate of
coverage, or other notice of coverage, issued to
employees under
the policy shall include a notice of the
employee's privilege of
continuation.
(C) All of the following apply to the continuation of
coverage required under division (B) of this section:
(1) Continuation need not include dental, vision care,
prescription drug benefits, or any other benefits provided under
the policy in addition to its hospital, surgical, or major
medical
benefits.
(2) The employer shall notify the employee of the right of
continuation at the time the employer notifies the employee of
the
termination of employment. The notice shall inform the
employee of
the amount of contribution required by the employer
under division
(C)(4) of this section.
(3) The employee shall file a written election of
continuation with the employer and pay the employer the first
contribution required under division (C)(4) of this section. The
request and payment must be received by the employer no later
than
the earlier of any of the following dates:
(a) Thirty-one days after the date on which the employee's
coverage would otherwise terminate;
(b) Ten days after the date on which the employee's
coverage
would otherwise terminate, if the employer has notified
the
employee of the right of continuation prior to such date;
(c) Ten days after the employer notifies the employee of
the
right of continuation, if the notice is given after the date
on
which the employee's coverage would otherwise terminate.
(4) The employee must pay to the employer, on a monthly
basis, in advance, the amount of contribution required by the
employer. The amount required shall not exceed the group rate
for
the insurance being continued under the policy on the due
date of
each payment.
(5) The employee's privilege to continue coverage and the
coverage under any continuation ceases if any of the following
occurs:
(a) The employee ceases to be an eligible employee under
division (A)(2)(c) or (d) of this section;
(b) A period of six twelve months expires after the date that
the
employee's insurance under the policy would otherwise have
terminated because of the termination of employment;
(c) The employee fails to make a timely payment of a
required
contribution, in which event the coverage shall cease at
the end
of the coverage for which contributions were made;
(d) The policy is terminated, or the employer terminates
participation under the policy, unless the employer replaces the
coverage by similar coverage under another group policy or other
group health arrangement.
If the employer replaces the policy with similar group
health
coverage, all of the following apply:
(i) The member shall be covered under the replacement
coverage, for the balance of the period that the member would
have
remained covered under the terminated coverage if it had not been
terminated.
(ii) The minimum level of benefits under the replacement
coverage shall be the applicable level of benefits of the policy
replaced reduced by any benefits payable under the policy
replaced.
(iii) The policy replaced shall continue to provide
benefits
to the extent of its accrued liabilities and extensions
of
benefits as if the replacement had not occurred.
(D) This section does not apply to an employer's
self-insurance plan if federal law supersedes, preempts,
prohibits, or otherwise precludes its application to such plans.
(E) An employer shall notify the insurer if the employee
elects continuation of coverage under this section. The insurer
may require the employer to provide documentation if the employee
elects continuation of coverage and is seeking premium assistance
for the continuation of coverage under the "American Recovery and
Investment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115. The
director of insurance shall publish guidance for employers and
insurers regarding the contents of such documentation.
Sec. 4141.242. (A) On or after January 1, 1978, the
state,
its instrumentalities, its political subdivisions and
their
instrumentalities, and any subdivision thereof as defined
in
division (H) of this section and described in this section as
public entities, and Indian tribes as defined by section 4(e) of
the "Indian Self-Determination and Education Assistance Act," 88
Stat. 2204 (1975), 25 U.S.C.A. 450b(e), shall pay to the director
of
job and family
services for deposit in
the unemployment
compensation
fund an
amount in lieu of contributions equal to the
full amount
of
regular benefits, and the amount of extended
benefits
chargeable
under the terms of section 4141.301 of the
Revised
Code, from that
fund that is attributable to service in
the
employ of the public
entity or Indian tribe, under the same
terms and conditions
as required of
nonprofit organizations
electing reimbursing
status under section
4141.241 of the Revised
Code; unless the
public entity or Indian tribe elects to
pay
contributions under section 4141.25
of the Revised Code, under
the
following conditions:
(1) Any public entity or Indian tribe may elect, after
December 31, 1977,
to
become liable for contribution payments, as
set forth in
section
4141.25 of the Revised Code, for a period of
not less
than two
calendar years by filing with the director a
written notice of its
election.
(2) The effective date of the election to pay
contributions
shall be the first day of the first calendar
quarter after the
election is approved by the director and
which is at least thirty
days after the election notice was
received.
(B) No surety bond shall be required of any reimbursing
public entity or Indian tribe, as is required of nonprofit
organizations under
division (C) of section 4141.241 of the
Revised Code. Any public
entity or Indian tribe, either
reimbursing or contributory, shall, if it becomes
delinquent in
the payment of reimbursements, contributions,
forfeiture, or
interest, be subject to the same terms and the
same
collection
procedures as are set forth for reimbursing
employers
under
division (B) of section 4141.241 of the Revised
Code; and as
set
forth for contributory employers under this chapter except as
provided under division (D) of this section.
(C) The state of Ohio account and the
accounts and
subaccounts of its
instrumentalities, as defined in divisions
(H)(1)(a) and (b)
of this section, shall be administered by the
director of administrative
services, in coordination with the
director of job and family services in accordance
with the terms
and conditions of
this chapter, regarding the
determination
and
payment of benefits attributable to service with the state or
its
instrumentalities. In this capacity, the director of
administrative
services shall maintain any
necessary accounts and
subaccounts for the various agencies and
departments of
the state
and, through the director of budget and
management, apportion
among the various state entities, and
collect, the costs of
unemployment benefits, as billed by the
director of job and family
services,
except that any of the individual
agencies and
departments for which such accounts and subaccounts are
maintained
may, with the concurrence of the director of administrative
services and the director of job and family
services, be
designated to receive billings directly
from the director of job
and family services and
make payment in response to such billings
directly
to the director of job and family services. Any
moneys
paid directly under this division and collected by the director of
administrative services shall be
forwarded to the director of job
and family
services for deposit in the fund
established by
division (A) of section 4141.09 of the Revised
Code, and shall be
credited to the accounts of the state and its
instrumentalities.
(D) The accounts of the various local subdivisions,
their
instrumentalities, and Indian tribes shall be administered by
appropriate
officials, as designated to the director of job and
family
services when the accounts
are established.
(E) Two or more reimbursing public entities or Indian tribes
may file a
joint
application to the director of job and family
services for the
establishment of a
group account, for the purpose
of sharing the
cost of benefits
attributable to service with the
public entities or Indian tribes,
under the
conditions provided
for nonprofit organizations under
division
(D) of section 4141.241
of the Revised Code.
(F) Two or more public entities or Indian tribes that have
elected to pay
contributions may apply for a common rate under
division (J) of
section 4141.24 of the Revised Code. Clear
authority,
resolution,
or ordinance for combining must be
presented with the
application
requesting the common rate status.
Applications must
be filed by
the first day of October of any
year, to be effective
for the
following calendar year.
(G) A public entity or Indian tribe, either reimbursing or
one electing to
pay contributions, shall be liable for the full
amount of any
regular benefits paid that are attributable to
service in the
employ of the public entity or Indian tribe during
the base period of a benefit
claim, and any extended benefits paid
based on service as
provided
in divisions (G)(I)(1)(b) and (1)(c)
of section 4141.301 of
the
Revised Code. Where a public entity or
Indian tribe has changed from a
reimbursing status to a
contributory status, during the base
period of the benefit claim,
then the benefit charges
attributable
to service with the
reimbursement account shall be
charged to the
reimbursement
account; and, the charges
attributable to the
contributory account
shall be charged to that
account. The same
rule shall be
applicable to situations where a
contributory public
entity or
Indian tribe has changed to a reimbursing status
during the base
period
of a benefit claim.
(H)(1) For the purposes of establishing employer status
and
accounts for the state and its instrumentalities, its
political
subdivisions and their instrumentalities, a separate
account shall
be established and maintained for:
(a) The state, including therein the legislative and
executive branches, as defined in Articles II and III of the Ohio
Constitution, and the Ohio supreme court;
(b) Each separate instrumentality of the state;
(c) Each political subdivision of the state, including
therein the legislative, executive, and judicial functions
performed for the subdivision;
(d) Each separate instrumentality of the political
subdivision;
(e) Any jointly owned instrumentality of more than one of
the
public entities described in this division, or any jointly
owned
instrumentality of any such public entities and one or more
other
states or political subdivisions thereof.
(2) For the purposes of this
chapter,
the separate accounts,
established by this division, shall be
described as
"public entity
accounts."
(I) An Indian tribe may elect to make payments in lieu of
contributions as allowed with respect to governmental entities
under this section. An Indian tribe may make a separate election
for itself and each subdivision, subsidiary, or business
enterprise wholly owned by the Indian tribe. The director shall
immediately notify the United States internal revenue service and
the United States department of labor if an Indian tribe fails to
make payments required under this section and fails to pay any
forfeitures, interest, or penalties due within ninety days of
receiving a delinquency notice in accordance with rules prescribed
by the director.
(J) The director of job and family services, in
accordance
with any rules
that the director may prescribe, shall notify each
public entity and Indian tribe of any
determination which the
director may make of
its
status as an employer and
of the
effective date of any
election which it makes and of any
termination of the election.
Any determinations are subject to
reconsideration, appeal, and
review in accordance with sections
4141.26 and 4141.28 of the
Revised Code.
Sec. 4141.301. (A) As used in this section, unless the
context clearly requires otherwise:
(1) "Extended benefit period" means a period which:
(a) Begins with the third week after a week for which
there
is a state "on" indicator; and
(b) Ends with either of the following weeks, whichever
occurs
later:
(i) The third week after the first week for which there is
a
state "off" indicator; or
(ii) The thirteenth consecutive week of such period.
Except, that no extended benefit period may begin by reason
of a state "on" indicator before the fourteenth week following
the
end of a prior extended benefit period which was in effect
with
respect to this state.
(2) There is a "state 'on' indicator" for
this
state for a
week if the director of job and family services
determines, in
accordance with the
regulations of the United
States secretary of
labor, that for the
period consisting of such
week and the
immediately preceding
twelve weeks, the rate of
insured
unemployment, not seasonally
adjusted, under Chapter 4141.
of the
Revised Code:
(a) Equaled or exceeded one hundred twenty per cent of
the
average of such rates for the corresponding thirteen-week
period
ending in each of the preceding two calendar years, and
for weeks
beginning before September 25, 1982, equaled or
exceeded four per
cent and for weeks beginning after September
25, 1982, equaled or
exceeded five per cent;
(b) For weeks of unemployment beginning after December 31,
1977, and before September 25, 1982, such rate of insured
unemployment:
(i) Met the criteria set forth in division (A)(2)(a) of
this
section; or
(ii) Equaled or exceeded five per cent.
(c) For weeks of unemployment beginning after September
25,
1982, such rate of insured unemployment:
(i) Met the criteria set forth in division (A)(2)(a) of
this
section; or
(ii) Equaled or exceeded six per cent.
(3)(a) For weeks of unemployment beginning on or after
February 22, 2009, there is a "state 'on' indicator" for this
state for a week if the director determines both of the following
are satisfied:
(i) That the average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of labor,
for the period consisting of the most recent three months for
which data for all states are published before the close of that
week equals or exceeds six and one-half per cent;
(ii) That the average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of labor,
for the three-month period described in division (A)(3)(a)(i) of
this section, equals or exceeds one hundred ten per cent of the
average for either or both of the corresponding three-month
periods ending in the two preceding calendar years.
(b) Division (A)(3) of this section is effective on and after
February 22, 2009, and shall cease to be effective either on
December 6, 2009, or until the close of the last day of the week
ending three weeks prior to the last week for which federal
sharing is authorized under Section 2005(a) of the "American
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123
Stat. 115, whichever is later.
(4) A "state 'off' indicator" exists for the state for
a
week
if the director determines, in accordance
with the
regulations of
the United States secretary of labor, that for the
period
consisting of such week and the immediately preceding
twelve
weeks, the rate of insured unemployment, not seasonally
adjusted,
under Chapter 4141. of the Revised Code:
(a) Was less than one hundred twenty per cent of the
average
of such rates for the corresponding thirteen-week period
ending in
each of the preceding two calendar years, or for weeks
beginning
before September 25, 1982, was less than four per cent
and for
weeks beginning after September 25, 1982, was less than
five per
cent;
(b) For weeks of unemployment beginning after December 31,
1977 and before September 25, 1982, such rate of insured
unemployment:
(i) Was less than five per cent; and
(ii) Met the criteria set forth in division (A)(3)(a) of
this
section.
(c) For weeks of unemployment beginning after September
25,
1982, such rate of insured unemployment:
(i) Was less than six per cent; and
(ii) Met the criteria set forth in division (A)(3)(4)(a) of
this section.
(4)(5) For weeks of unemployment beginning on or after
February 22, 2009, there is a "state 'off' indicator" for this
state for a week if the director determines, in accordance with
the regulations adopted by the United States secretary of labor,
that for the period consisting of that week and the immediately
preceding twelve weeks, the total rate of unemployment, seasonally
adjusted, under this chapter, was less than one hundred ten per
cent of such average for either or both of the corresponding
three-month periods ending in the two preceding calendar years,
and was less than six and one-half per cent.
(6) "Rate of insured unemployment," for purposes of
divisions
(A)(2) and (3)(4) of this section, means the percentage
derived by
dividing:
(a) The average weekly number of individuals filing claims
for regular compensation in this state for weeks of unemployment
with respect to the most recent thirteen-consecutive-week period,
as determined by the director on the basis of the
director's
reports to
the United States secretary of labor, by
(b) The average monthly employment covered under Chapter
4141. of the Revised Code, for the first four of the most recent
six completed calendar quarters ending before the end of such
thirteen-week period.
(5)(7) "Regular benefits" means benefits payable to an
individual, as defined in division (C) of section 4141.01 of the
Revised Code, or under any other state law, including dependents'
allowance and benefits payable to federal civilian employees and
to ex-servicepersons pursuant to the "Act of
September 6, 1966,"
80
Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and
additional benefits as defined in division (A)(10)(12) of this
section.
(6)(8) "Extended benefits" means benefits, including benefits
payable to federal civilian employees and to
ex-servicepersons
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5
U.S.C.A. 8501, and additional benefits, payable to an individual
under the provisions of this section for weeks of unemployment in
the individual's eligibility period.
(7)(9) "Eligibility period" of an individual means the period
consisting of the weeks in the individual's benefit year
which
begin in an
extended benefit period and, if the individual's
benefit
year ends within the
extended benefit period, any weeks
thereafter which begin in the
period.
(8)(10) "Exhaustee" means an individual who, with respect to
any
week of unemployment in the individual's eligibility
period:
(a) Has received prior to the week, all of the regular
benefits that were available to the individual under Chapter
4141.
of the
Revised Code, or any other state law, including dependents'
allowance and benefits payable to federal civilian employees and
ex-servicepersons under the "Act of September 6,
1966," 80 Stat.
585, 5 U.S.C.A. 8501, in the individual's current benefit
year
that includes
the week;
(b) Has received, prior to the week, all of the regular
benefits that were available to the individual under this
chapter
or any
other state law, including dependents' allowances and
regular
benefits available to federal civilian employees and
ex-servicepersons under the "Act of September 6,
1966," 80 Stat.
585,
5 U.S.C.A. 8501, in the individual's current benefit year
that includes the
week, after the cancellation of some or all of
the
individual's wage credits
or the total or partial reduction of
the individual's right
to regular
benefits, provided that, for the
purposes of divisions (A)(8)(10)(a)
and (8)(10)(b) of this
section, an
individual shall be deemed to have
received in the
individual's
current benefit year all of the
regular benefits
that
were either
payable or available to the individual even
though:
(i) As a result of a pending appeal with respect to wages
or
employment, or both, that were not included in the original
monetary determination with respect to the individual's
current
benefit year,
the individual may subsequently be determined to be
entitled
to more regular
benefits, or
(ii) By reason of section 4141.33 of the Revised Code, or
the
seasonal employment provisions of another state law, the
individual is
not entitled to regular benefits with respect to the
week of
unemployment, although the individual may be entitled to
regular benefits
with respect to future weeks of unemployment in
either the next
season or off season in the individual's current
benefit
year, and the individual is
otherwise an "exhaustee"
within the meaning of this section with
respect to the right to
regular benefits under state law
seasonal
employment provisions
during either the season or off season in
which that week of
unemployment occurs, or
(iii) Having established a benefit year, no regular
benefits
are payable to the individual during the year
because the
individual's wage
credits were cancelled or the individual's right
to regular
benefits was
totally reduced as the result of the
application of a
disqualification; or
(c) The individual's benefit year having expired prior to
the
week, has
no, or insufficient, wages or weeks of employment on
the
basis of
which the individual could establish in any state a
new
benefit year that
would include the week, or having
established a
new benefit year
that includes the week, the
individual is
precluded from
receiving regular
benefits by reason
of a state law
which meets the requirements of
section 3304 (a)(7)
of the
"Federal Unemployment Tax Act," 53
Stat. 183, 26 U.S.C.A.
3301 to
3311; and
(i) Has no right for the week to unemployment benefits or
allowances, as the case may be, under the Railroad Unemployment
Insurance Act, the Trade Act of 1974, and other federal laws as
are specified in regulations issued by the United States
secretary
of labor; and
(ii) Has not received and is not seeking for the week
unemployment benefits under the unemployment compensation law of
the Virgin Islands, prior to the day after that on which the
secretary of labor approves the unemployment compensation law of
the Virgin Islands, or of Canada; or if the individual is
seeking
benefits
and the appropriate agency finally determines that the
individual is not
entitled to benefits under the law for the week.
(9)(11) "State law" means the unemployment insurance law of
any
state, approved by the United States secretary of labor under
section 3304 of the Internal Revenue Code of 1954.
(10)(12) "Additional benefits" means benefits totally
financed
by a state and payable to exhaustees by reason of high
unemployment or by reason of other special factors under the
provisions of any state law.
(B) Except when the result would be inconsistent with the
other provisions of this section, as provided in the regulations
of the director, the provisions of Chapter 4141.
of the
Revised
Code, which apply to claims for, or the payment of,
regular
benefits, shall apply to claims for, and the payment of,
extended
benefits.
(C) Any individual shall be eligible to receive extended
benefits with respect to any week of unemployment in the
individual's
eligibility period only if the director finds
that,
with
respect to such week:
(1) The individual is an "exhaustee" as defined in
division
(A)(8)(10) of this section; and
(2) The individual has satisfied the requirements of
Chapter
4141. of the Revised Code, for the receipt of regular
benefits
that are applicable to individuals claiming extended
benefits,
including not being subject to a disqualification for
the receipt
of benefits.
(D) The weekly extended benefit amount payable to an
individual for a week of total unemployment in the
individual's
eligibility
period shall be the same as the weekly benefit amount
payable to
the individual during the individual's
applicable
benefit year.
(E) The Except as provided in division (F) of this section,
the total extended benefit amount payable to any
eligible
individual with respect to the individual's
applicable
benefit
year
shall be the lesser of the following amounts:
(1) Fifty per cent of the total amount of regular
benefits,
including dependents' allowances which were payable to
the
individual under Chapter 4141. of the Revised Code, in
the
individual's applicable
benefit year;
(2) Thirteen times the individual's weekly benefit amount,
including
dependents' allowances, which was payable to the
individual
under Chapter
4141. of the Revised Code, for a week of
total unemployment in
the applicable benefit year; provided, that
in making the
computation under divisions (E)(1) and (2) of this
section, any
amount which is not a multiple of one dollar shall be
rounded to
the next lower multiple of one dollar.
(F) For purposes of this division, "high-unemployment period"
means a period during which an extended benefit period would be in
effect if division (A)(3)(a)(i) of this section were applied by
substituting "eight per cent" for "six and one-half per cent."
Effective with respect to weeks beginning in a
high-unemployment period, the total extended benefit amount
payable to an eligible individual with respect to the applicable
benefit year shall be the lesser of the following amounts:
(1) Eighty per cent of the total amount of regular benefits
that were payable to the individual pursuant to this section in
the individual's applicable benefit year;
(2) Twenty times the individual's average weekly benefit
amount that was payable to the individual pursuant to this section
for a week of total unemployment in the applicable benefit year.
(G) Division (F) of this section is effective on and after
February 22, 2009, and shall cease to be effective either on
December 6, 2009, or until the close of the last day of the week
ending three weeks prior to the last week for which federal
sharing is authorized under Section 2005(a) of the "American
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123
Stat. 115, whichever is later. Notwithstanding this division, the
extended benefits authorized by division (A)(3) of this section
shall continue to be paid to any individual who, as of December
26, 2009, has a balance of weeks remaining to be paid in the claim
until such weeks are exhausted or the individual is reemployed,
whichever occurs first, but in no event beyond May 29, 2010.
(H)(1) Except as provided in division (F)(H)(2) of this
section, an individual eligible for extended benefits pursuant to
an interstate claim filed in any state under the interstate
benefit payment plan shall not be paid extended benefits for any
week in which an extended benefit period is not in effect in such
state.
(2) Division (F)(H)(1) of this section does not apply with
respect to the first two weeks for which extended compensation is
payable to an individual, as determined without regard to this
division, pursuant to an interstate claim filed under the
interstate benefit payment plan from the total extended benefit
amount payable to that individual in the individual's
applicable
benefit year.
(3) Notwithstanding any other provisions of this section,
if
the benefit year of any individual ends within an extended
benefit
period, the remaining balance of extended benefits that
the
individual would, but for this section, be entitled to
receive in
that extended benefit period, with respect to weeks of
unemployment beginning after the end of the benefit year, shall
be
reduced, but not below zero, by the product of the number of
weeks
for which the individual received any amounts as trade
readjustment allowances within that benefit year, multiplied by
the individual's weekly benefit amount for extended benefits.
(G)(I)(1) Whenever an extended benefit period is to become
effective in this state, as a result of a state "on" indicator,
or
an extended benefit period is to be terminated in this state
as a
result of a state "off" indicator, the
director shall
make an
appropriate public announcement.
(2) Computations required by division (A)(4)(6) of this
section
shall be made by the director, in
accordance with
the
regulations
prescribed by the United States secretary of
labor.
(H)(J)(1)(a) The director shall promptly examine any
application for extended benefits filed and, under this section,
determine whether the application is to be
allowed or
disallowed
and, if allowed, the weekly and total extended
benefits payable
and the effective date of the application. The
claimant, the
claimant's most recent employer, and any other
employer in the
base period of the claim upon which the extended benefits are
based, and who was chargeable for regular benefits based on such
claim, shall be notified of such determination.
(b) The determination issued to the most recent or other
base
period employer shall include the total amount of extended
benefits that may be charged to the employer's account.
Such
potential
charge amount shall be an amount equal to one-fourth of
the
regular benefits chargeable to the employer's account on the
regular claim
upon which extended benefits are based except that,
effective
January 1, 1979, the potential charge amount to the
state and its
instrumentalities, its political subdivisions and
their
instrumentalities, and Indian tribes shall be an amount
equal to one-half of
the
regular benefits chargeable to their
accounts on such claim.
If
regular benefits were chargeable to the
mutualized account, in
lieu of an employer's account, then the
extended benefits which
are based on such prior mutualized
benefits shall also be charged
to the mutualized account.
(c) As extended benefits are paid to eligible individuals:
(i) One-half of such benefits will shall be charged to an
extended
benefit account to which reimbursement payments of
one-half of
extended benefits, received from the federal
government as
described in division (J)(L) of this section, will
shall be
credited;
and
(ii) One-half of the extended benefits shall be charged to
the accounts of base period employers and the mutualized account
in the same proportion as was provided for on the
regular claim;
or
(iii) The full amount of extended benefits shall be
charged
to the accounts of the state and its instrumentalities,
its
political subdivisions and their instrumentalities, and Indian
tribes.
Employers
making payments in lieu of contributions shall
be
charged in
accordance with division (B)(1) of section 4141.241
of
the Revised
Code.; or
(iv) In the case of payments under division (A)(3) of this
section that are fully funded under Section 2005(a) of the
"American Recovery and Reinvestment Act of 2009," Pub. L. No.
111-5, 123 Stat. 115, none of the extended benefits shall be
charged to the accounts of base period employers or to the
mutualized account.
(d) If the application for extended benefits is
disallowed,
a
determination shall be issued to the claimant,
which
determination
shall set forth the reasons for the
disallowance.
Determinations
issued under this division, whether
allowed or
disallowed, shall
be subject to reconsideration and
appeal in
accordance with
section
4141.281 of the
Revised Code.
(2) Any additional or continued claims, as described in
division (F) of section 4141.01 of the Revised Code, filed by an
individual at the beginning of, or during, the individual's
extended benefit
period shall be determined under division
(E)
of
section 4141.28
of the Revised Code, and such
determination
shall
be subject to
reconsideration and appeal in accordance with
section
4141.281 of
the Revised Code.
(I)(K) Notwithstanding division (B) of this section, payment
of
extended benefits under this section shall not be made to any
individual for any week of unemployment in the individual's
eligibility period
during which the individual fails to accept any
offer of
suitable work, as
defined in division (I)(K)(2) of this
section, or fails to apply for
any suitable work to which the
individual was referred by the
director,
or fails to actively
engage in seeking work, as prescribed in
division (I)(K)(4) of
this
section.
(1) If any individual is ineligible for extended benefits
for
any week by reason of a failure described in this division,
the
individual shall be ineligible to receive extended benefits
beginning with the week in which the failure occurred and
continuing until the individual has been employed during each of
four subsequent weeks and the total remuneration earned by the
individual for this employment is equal to or more than four
times
the individual's weekly extended benefit amount, and has
met all
other eligibility requirements of this section, in order
to
establish entitlement to extended benefits.
(2) For purposes of this section, the term "suitable work"
means, with respect to an individual, any work which is within
the
individual's capabilities, provided that with respect to the
position all of the following requirements are met:
(a) It offers the individual gross average weekly
remuneration of more than the sum of:
(i) The individual's extended weekly benefit amount; and
(ii) The amount of supplemental unemployment compensation
benefits, as defined in section 501(c)(17)(D) of the "Internal
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to
the individual for the week of unemployment.
(b) It pays equal to or more than the higher of:
(i) The minimum wage provided by section 6(a)(1) of the
"Fair
Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A.
206,
without regard to any exemption; or
(ii) Any applicable state or local minimum wage.
(c) It is offered to the individual in writing or is
listed
with the employment office maintained or designated by the
director.
(3) Extended benefits shall not be denied under this
division
to any individual for any week by reason of a failure to
accept an
offer of, or apply for suitable work if either of the
following
conditions apply:
(a) The failure would not result in a denial of benefits
to
a
regular benefit claimant under section 4141.29 of the
Revised
Code
to the extent that section 4141.29 of the Revised
Code is not
inconsistent with division (I)(K)(2) of this section;
(b) The individual furnishes evidence satisfactory to the
director that the individual's prospects for
obtaining work
in the
individual's customary occupation within a reasonably
short period
are
good. If the evidence is deemed satisfactory, the
determination
as to whether any work is suitable work with respect
to this
individual and whether the individual is ineligible or
disqualified shall be based upon the meaning of "suitable work"
and other provisions in section 4141.29 of the Revised Code.
(4) For purposes of this section, an individual shall be
treated as actively engaged in seeking work during any week if:
(a) The individual has engaged in a systematic and
sustained
effort to obtain work during that week; and
(b) The individual provides tangible evidence to the
director
that the individual has engaged in the
effort
during that
week.
(5) The director shall refer applicants for
extended
benefits
to job openings that meet the requirements of divisions
(E) and
(F) of section 4141.29 of the Revised Code, and in the
case of
applicants whose prospects are determined not to be good
under
division (I)(K)(3)(b) of this section to any suitable work
which
meets the criteria in divisions (I)(K)(2) and (3)(a) of this
section.
(6) Individuals denied extended or regular benefits under
division (D)(1)(b) of section 4141.29 of the Revised Code because
of being given a disciplinary layoff for misconduct must, after
the date of disqualification, work the length of time and earn
the
amount of remuneration specified in division (I)(K)(1) of this
section, and meet all other eligibility requirements of this
section, in order to establish entitlement to extended benefits.
(J)(L) All payments of extended benefits made pursuant to
this
section shall be paid out of the unemployment compensation
fund,
provided by section 4141.09 of the Revised Code, and all
payments
of the federal share of extended benefits that are
received as
reimbursements under section 204 of the
"Federal-State
Extended
Unemployment Compensation Act of 1970,"
84 Stat. 696, 26
U.S.C.A.
3306, shall be deposited in such
unemployment
compensation fund
and shall be credited to the
extended benefit
account established
by division (G)(I) of this
section. Any refund
of extended benefits,
because of prior
overpayment of such
benefits, may be made from
the unemployment
compensation fund.
(K)(M) In the administration of the provisions of this
section
which are enacted to conform with the requirements of the
"Federal-State Extended Unemployment Compensation Act of 1970,"
84
Stat. 696, 26 U.S.C.A. 3306, the director shall
take such
action
consistent with state law, as may be necessary:
(1) To ensure that the provisions are so interpreted and
applied as to meet the requirements of the federal act as
interpreted by the United States department of labor; and
(2) To secure to this state the full reimbursement of the
federal share of extended benefits paid under this section that
are reimbursable under the federal act.
Sec. 4163.01. As used in Chapter 4163. of the Revised
Code:
(A) "Atomic energy" means all forms of energy released in
the
course of nuclear fission or nuclear transformation.
(B) "By-product material" means any radioactive material
(except special nuclear material) yielded in, or made radioactive
by exposure to the radiation incident to, the process of
producing
or utilizing special nuclear materials has the same meaning as in
section 3748.01 of the Revised Code.
(C) "Production facility" means any equipment or device
capable of the production of special nuclear material in such
quantity as to be of significance to the common defense and
security, or in such manner as to affect the health and safety of
the public; or any important component part especially designed
for such equipment or device.
(D) "Special nuclear material" means plutonium or uranium
enriched in the isotope 233 or in the isotope 235, or any other
material which the governor declares by order to be special
nuclear material has the same meaning as in section 3748.01 of the
Revised Code.
(E) "Utilization facility" means any equipment or device,
except an atomic weapon, capable of making use of special nuclear
materials in such quantity as to be of significance to the common
defense and security, or in such manner as to affect the health
and safety of the public, or peculiarly adapted for making use of
atomic energy in such quantity as to be of significance to the
common defense and security, or in such manner as to affect the
health and safety of the public; or any important component part
especially designed for such equipment or device.
(F) "Radiation" means gamma rays and X-rays, alpha and
beta
particles, high-speed electrons, neutrons, protons, and
other
nuclear particles; but not sound or radio waves, or
visible,
infrared, or ultraviolet light has the same meaning as in section
3748.01 of the Revised Code.
(G) "Large quantity" has the meaning set forth in Part 71
of
Title 10, section 71.4(f), of the Code of Federal Regulations
"Highway route controlled quantity" has the same meaning as in 49
C.F.R. 173.403.
(H) "High-level radioactive waste" means any of the
following:
(1) Irradiated reactor fuel;
(2) Liquid wastes resulting from the operation of the first
cycle solvent extraction system, or equivalent, and the
concentrated wastes from subsequent extraction cycles, or
equivalent, in a facility for reprocessing irradiated reactor
fuel;
(3) Solids into which such liquid wastes have been converted.
(I) "Spent nuclear fuel" means fuel that has been withdrawn
from a nuclear reactor following irradiation, the constituent
elements of which have not been separated by reprocessing.
(J) "Transuranic waste" means material contaminated with
elements
that have an atomic number greater than ninety-two,
including
neptunium,
plutonium, americium, and curium, and that
are in
concentrations
greater than ten nanocuries per gram or
in other
concentrations
that the United States nuclear
regulatory
commission may
prescribe.
Sec. 4163.07. (A)(1) Prior to transporting any large
high-level radioactive waste, spent nuclear fuel, transuranic
waste, or any
quantity of special nuclear material or by-product
material that meets or exceeds the highway route controlled
quantity, within, into,
or through the state, the carrier or
shipper of the material
shall notify the executive director of the
emergency
management agency established under section 5502.22 of
the
Revised Code of the shipment. The notice shall be in writing
and be sent by
certified mail and shall include the name of the
shipper; the
name of the carrier; the type and quantity of the
special nuclear
material or by-product material; the
transportation mode of the
shipment; the proposed date and time of
shipment of the material within,
into, or through the state; and
the starting point, termination or
exit point, scheduled route,
and each alternate route, if any, of
the shipment. In order to
constitute effective notification
under division (A)(1) of this
section, notification shall be
received by the executive director
at least forty-eight
hours four days
prior to
entry of the
shipment within, into, or through the state.
(2) The carrier or shipper of any shipment subject to
division (A)(1) of this section shall immediately notify the
executive
director of any change in the date and time of the
shipment or in
the route of the shipment within, into, or through
the state.
(B) Upon receipt of a notice of any shipment of a large
quantity of special nuclear material or by-product material that
is subject to division (A)(1) of this section within, into,
or
through the state, the executive director of the
emergency
management
agency shall immediately notify the director of public
safety,
the director of environmental protection, the director of
health, the
chairperson
of the public utilities commission, and
the county emergency management agency and sheriff of each
county
along
the proposed route, or any alternate route, of the shipment.
(C) The executive director of the emergency management
agency
shall
not disclose to any person other than those persons
enumerated in
division (B) of this section any information
pertaining to any
shipment of special nuclear material or
by-product material prior
to the time that the shipment is
completed.
(D) This section does not apply to radioactive materials,
other than by-products, shipped by or for the United States
department of defense and United States department of energy for
military or national defense purposes.
Nothing in this section
requires
the disclosure of any
defense information or restricted
data as defined in the "Atomic
Energy Act of 1954," 68 Stat. 919,
42 U.S.C.A. 2011, as amended.
(E) No person shall transport or cause to be transported
within,
into, or through the state any large quantity of special
or
by-product material that is subject to division (A)(1) of this
section without first providing the notice required
in that
division (A) of this section.
(F) Whoever violates division (E) of this section, in
addition to any penalty imposed under section 4163.99 of the
Revised Code, is liable for a civil penalty in an amount not to
exceed ten times the amount of the fee due under section 4905.801
of the Revised Code. The attorney general, upon the request of the
executive director of the emergency management agency, shall bring
a civil action to collect the penalty. Fines collected pursuant to
this section shall be deposited into the state treasury to the
credit of the radioactive waste transportation fund created in
section 4905.802 of the Revised Code.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the
Revised
Code, and in the penal laws, except as otherwise
provided:
(A)
"Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean
electric personal
assistive mobility devices, vehicles that are
operated
exclusively
on rails or tracks or from overhead electric
trolley
wires, and
vehicles that belong to any police department,
municipal
fire
department, or volunteer fire department, or that
are used by such
a department in the discharge of its functions.
(B)
"Motor vehicle" means any vehicle, including
mobile
homes
and recreational vehicles, that is
propelled or drawn
by
power
other than muscular power or power collected from
overhead
electric trolley wires.
"Motor
vehicle" does not include utility
vehicles as defined in division (VV) of this section,
motorized
bicycles, road
rollers, traction engines, power
shovels,
power
cranes, and other
equipment used in construction
work and
not
designed for or
employed in general highway
transportation,
well-drilling
machinery, ditch-digging
machinery, farm machinery,
and trailers that are
designed and
used exclusively to transport a
boat between a
place of storage
and a marina, or in and around a
marina, when
drawn or towed on a
public road or highway for a
distance of no
more than ten miles
and at a speed of twenty-five
miles per hour
or less.
(C)
"Agricultural tractor" and
"traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying
loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D)
"Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and
either is designed or used for drawing other motor vehicles,
or is
designed or
used for drawing another motor vehicle while
carrying
a portion
of the other motor vehicle or its load, or
both.
(E)
"Passenger car" means any motor vehicle that is designed
and
used for carrying not more than nine persons and includes any
motor
vehicle that is designed and used for carrying not more
than
fifteen
persons in a ridesharing arrangement.
(F)
"Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special
interest,
that has a fair market value of one hundred dollars or
more,
whether operable or not, and that is owned, operated,
collected,
preserved, restored, maintained, or used essentially
as
a
collector's item, leisure pursuit, or investment, but not
as the
owner's principal means of transportation.
"Licensed
collector's
vehicle" means a collector's vehicle, other than an
agricultural
tractor or traction engine, that displays current,
valid license
tags issued under section 4503.45 of the Revised
Code, or a
similar type of motor vehicle that displays current,
valid
license
tags issued under substantially equivalent
provisions in
the laws
of other states.
(G)
"Historical motor vehicle" means any motor vehicle
that
is over twenty-five years old and is owned solely as a
collector's
item and for participation in club activities,
exhibitions, tours,
parades, and similar uses, but that in no
event is used
for
general transportation.
(H)
"Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load
of no
more than one ton and is used exclusively for purposes
other
than
engaging in business for profit.
(I)
"Bus" means any motor vehicle that has motor power
and
is
designed and used for carrying more than nine passengers,
except
any motor vehicle that is designed and used for carrying
not more
than
fifteen passengers in a ridesharing arrangement.
(J)
"Commercial car" or
"truck" means any motor vehicle
that
has motor
power and is designed and used for carrying
merchandise
or freight, or
that is used as a commercial tractor.
(K)
"Bicycle" means every device, other than a tricycle
that
is
designed solely for use as a play vehicle by a child,
that is
propelled
solely by human power upon which any person
may ride,
and that has either two
tandem wheels, or one wheel in
front and
two wheels in
the rear, or two wheels in the front and one wheel
in the rear, any of which is more than
fourteen inches
in
diameter.
(L)
"Motorized bicycle" means any vehicle that either has
two
tandem wheels or one wheel in the front and two wheels in
the
rear, that is capable of being pedaled, and that is equipped
with
a
helper motor of not more than fifty cubic centimeters
piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of
no greater
than
twenty miles per hour on a level surface.
(M)
"Trailer" means any vehicle without motive power
that
is
designed or used for carrying property or persons wholly on
its
own structure and for being drawn by a motor vehicle, and
includes
any such vehicle that is formed by or operated as a
combination of
a semitrailer and a vehicle of the dolly type such
as that
commonly known as a trailer dolly, a vehicle used to
transport
agricultural produce or agricultural production
materials between
a local place of storage or supply and the farm
when drawn or
towed on a public road or highway at a speed
greater than
twenty-five miles per hour, and a vehicle that is
designed
and
used exclusively to transport a boat between a
place of
storage
and a marina, or in and around a marina, when
drawn or
towed on a
public road or highway for a distance of
more than ten
miles or at
a speed of more than twenty-five miles
per hour.
"Trailer" does
not include a manufactured home or
travel trailer.
(N)
"Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as
described
in division (B) of this section, but, where applicable,
includes
a vehicle that is used to transport a boat as described
in division (M)
of this section, that has a gross weight of no
more than three
thousand pounds, and that is used exclusively for
purposes other than
engaging in business for a profit.
(O)
"Mobile home" means a building
unit or assembly of
closed
construction that is fabricated in an off-site
facility,
is
more
than thirty-five body
feet in length or, when erected
on
site, is
three hundred
twenty or more square feet, is built
on a
permanent
chassis, is
transportable in one or more
sections, and
does not
qualify as
a manufactured home as
defined in division
(C)(4) of
section 3781.06
of the Revised
Code or as an
industrialized unit
as defined in division (C)(3)
of section
3781.06 of the Revised
Code.
(P)
"Semitrailer" means any vehicle of the trailer type
that
does not have motive power and is so designed or used with
another
and
separate motor vehicle that in operation a part of
its own
weight
or that of its load, or both, rests upon and is
carried by
the other vehicle
furnishing the motive power for
propelling
itself
and the vehicle referred to in this division,
and includes,
for
the purpose only of registration and taxation
under those
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
that is designed or used for the conversion of a
semitrailer into
a
trailer.
(Q)
"Recreational vehicle" means a vehicular portable
structure that meets all of the following conditions:
(1) It is designed
for the sole purpose of recreational
travel.
(2) It is not used for the purpose of engaging in business
for profit.
(3) It is not used for the purpose of engaging in intrastate
commerce.
(4) It is not used for the purpose of commerce as defined in
49 C.F.R. 383.5,
as amended.
(5) It is not regulated by the public utilities commission
pursuant to
Chapter 4919., 4921., or 4923. of the Revised Code.
(6) It is classed as one of the following:
(a)
"Travel trailer" means a nonself-propelled
recreational
vehicle that does not exceed an overall length of
thirty-five
feet, exclusive of bumper and tongue or coupling, and
contains
less than three hundred twenty square feet of space when erected
on site.
"Travel trailer"
includes a tent-type fold-out camping
trailer as defined in
section 4517.01 of the Revised Code.
(b)
"Motor home" means a self-propelled recreational
vehicle
that has no fifth wheel and is constructed with
permanently
installed
facilities for
cold storage, cooking and
consuming of
food, and for sleeping.
(c)
"Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to
be placed
upon and attached to a motor vehicle.
"Truck camper"
does not
include truck covers that consist of walls and a roof,
but do not
have floors and facilities enabling them to be used as
a dwelling.
(d)
"Fifth wheel trailer" means a vehicle that is of such
size and weight as
to be movable without a special highway
permit,
that has a gross trailer area
of four hundred square
feet or
less,
that is constructed with a raised forward
section
that
allows a
bi-level floor plan, and that is designed to be
towed by
a vehicle
equipped with a fifth-wheel hitch ordinarily
installed
in the bed
of
a truck.
(e)
"Park trailer" means a vehicle that is commonly known as
a park model
recreational vehicle, meets the American national
standard institute standard
A119.5 (1988) for park trailers, is
built on a single chassis, has a gross
trailer area of four
hundred square feet or less when set up, is designed for
seasonal
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R)
"Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S)
"Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of
the load.
(T)
"Solid tire vehicle" means any vehicle that is equipped
with
two or more solid tires.
(U)
"Farm machinery" means all machines and tools that are
used in
the production, harvesting, and care of farm products,
and
includes trailers
that are used to transport agricultural
produce
or agricultural
production materials between a local
place of
storage or supply
and the farm,
agricultural tractors, threshing
machinery, hay-baling machinery,
corn shellers, hammermills, and
machinery used in the production
of horticultural, agricultural,
and vegetable products.
(V)
"Owner" includes any person
or firm,
other
than a
manufacturer or dealer, that has title to a motor
vehicle,
except
that, in sections 4505.01 to 4505.19 of the
Revised
Code,
"owner"
includes in addition manufacturers and
dealers.
(W)
"Manufacturer" and
"dealer" include all persons
and
firms
that are regularly engaged in the
business
of
manufacturing,
selling, displaying, offering for
sale, or
dealing
in motor
vehicles, at an established place of
business
that is
used
exclusively for the purpose of
manufacturing,
selling,
displaying,
offering for sale, or
dealing in motor
vehicles. A
place of
business that is used for
manufacturing,
selling,
displaying,
offering for sale, or
dealing in motor
vehicles shall
be deemed to
be used exclusively
for those purposes
even though
snowmobiles or
all-purpose
vehicles are sold or
displayed for
sale
thereat, even
though
farm machinery is sold or
displayed
for
sale
thereat, or
even
though repair, accessory,
gasoline
and oil,
storage, parts,
service, or paint departments
are
maintained
thereat, or, in any
county having a population of
less than
seventy-five thousand
at
the last federal
census,
even
though a department in
a place of
business is used to
dismantle,
salvage, or rebuild
motor vehicles
by means of used
parts, if
such
departments are
operated for the
purpose of
furthering and
assisting in the
business of
manufacturing,
selling, displaying,
offering for
sale, or dealing
in motor
vehicles. Places of
business or
departments in a place of
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
means of using
used parts
are not
considered as being
maintained
for the purpose
of
assisting or
furthering the
manufacturing,
selling,
displaying,
and offering
for sale or
dealing in motor
vehicles.
(X)
"Operator" includes any person who drives or operates
a
motor vehicle upon the public highways.
(Y)
"Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a
taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily
involved in
a ridesharing arrangement is not considered an
employee for hire
or operating such vehicle for gain,
compensation, or profit.
(Z)
"State" includes the territories and federal districts
of
the United States, and the provinces of Canada.
(AA)
"Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB)
"Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the
chassis
or other part of the motor vehicle.
(CC)
"Motor number" means the manufacturer's original
number
that is affixed to or imprinted upon the engine or motor
of the
vehicle.
(DD)
"Distributor" means any person who is authorized by a
motor
vehicle manufacturer to distribute new motor vehicles to
licensed
motor vehicle dealers at an established place of
business
that is used
exclusively for the purpose of
distributing new motor
vehicles to licensed motor vehicle
dealers, except when the
distributor also is a new motor vehicle
dealer, in which case the
distributor may distribute at the
location of the
distributor's
licensed dealership.
(EE)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(FF)
"Apportionable vehicle" means any vehicle that is used
or
intended for use in two or more international registration
plan
member jurisdictions that allocate or proportionally
register
vehicles, that is used for the transportation of persons
for hire
or designed, used, or maintained primarily for the
transportation
of property, and that meets any of the following
qualifications:
(1) Is a power unit having a gross vehicle weight in
excess
of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of
the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in
excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this
state, or any political subdivisions thereof.
(GG)
"Chartered party" means a group of persons who
contract
as a group to acquire the exclusive use of a
passenger-carrying
motor vehicle at a fixed charge for the
vehicle in accordance with
the carrier's tariff, lawfully on file
with the United
States
department of transportation, for the
purpose of group
travel to a
specified destination or for a
particular itinerary,
either agreed
upon in advance or modified
by the chartered group
after having
left the place of origin.
(HH)
"International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American
association of motor vehicle administrators, and that
promotes and
encourages the fullest possible use of the highway
system by
authorizing apportioned registration of fleets of
vehicles and
recognizing registration of vehicles apportioned in
member
jurisdictions.
(II)
"Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (J)
of section 4503.04 of the Revised Code.
(JJ)
"Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 or 4503.65 of the Revised Code,
means the
unladen weight of the vehicle fully equipped plus the
maximum
weight of the load to be carried on the vehicle.
(KK)
"Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is
taxed at the rates established under section 4503.042 or 4503.65
of the
Revised Code, means the total unladen weight of the
combination
of
vehicles fully equipped plus the maximum weight of
the load to
be
carried on that combination of vehicles.
(LL)
"Chauffeured limousine" means a motor vehicle
that is
designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the
transportation of passengers on public roads and highways
along a
route under the control of the person hiring the vehicle
and not
over a defined and regular route.
"Prearranged contract"
means an
agreement, made in advance of boarding, to provide
transportation
from a specific location in a chauffeured
limousine at a fixed
rate per hour or trip.
"Chauffeured
limousine" does not include
any vehicle that is used exclusively
in the
business of funeral
directing.
(MM)
"Manufactured home" has the same
meaning as in
division
(C)(4)
of section 3781.06 of the Revised Code.
(NN)
"Acquired situs,"
with respect to a manufactured home
or
a mobile home, means to
become located in this state by the
placement of the home
on real property, but does not include the
placement of a
manufactured home or a mobile home in the
inventory
of a new
motor vehicle dealer or the inventory of a
manufacturer,
remanufacturer, or distributor of manufactured or
mobile
homes.
(OO)
"Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails
capabilities similar to these technologies.
(PP)
"Electronic record" means a record generated,
communicated,
received, or stored by electronic means for use in
an information system or
for transmission from one information
system to another.
(QQ)
"Electronic signature" means a signature in electronic
form
attached to or logically associated with an electronic
record.
(RR)
"Financial transaction device" has the same meaning as
in
division (A) of section 113.40 of the Revised Code.
(SS)
"Electronic motor vehicle dealer" means a motor vehicle
dealer licensed under Chapter 4517. of the Revised Code whom the
registrar of motor
vehicles determines meets the criteria
designated in section 4503.035 of the Revised Code for
electronic
motor vehicle dealers and designates as an electronic motor
vehicle
dealer under that section.
(TT) "Electric personal assistive mobility device" means a
self-balancing two non-tandem wheeled
device that is designed to
transport only one person, has an
electric propulsion system of an
average of seven hundred fifty
watts, and when ridden on a
paved
level surface by an operator who
weighs one hundred seventy
pounds
has a maximum speed of less than
twenty miles per hour.
(UU)
"Limited driving privileges" means the privilege to
operate
a motor vehicle that a court grants under section 4510.021
of the Revised Code to a person
whose driver's or commercial
driver's license or permit or nonresident
operating privilege has
been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle
designed with a bed, principally for the purpose of transporting
material or cargo in connection with construction, agricultural,
forestry, grounds maintenance, lawn and garden, materials
handling, or similar activities. "Utility vehicle" includes a
vehicle with a maximum attainable speed of twenty miles per hour
or less that is used exclusively within the boundaries of state
parks by state park employees or volunteers for the operation or
maintenance of state park facilities.
Sec. 4501.026. The registrar of motor vehicles or a deputy
registrar shall ask an individual with whom the registrar or
deputy registrar conducts driver's license or identification card
transactions if the individual is a veteran or is currently
serving in the armed forces of the United States or any reserve
component of the armed forces of the United States or the Ohio
national guard. If the individual claims to be a veteran or to be
currently serving in the armed forces of the United States or any
reserve component of the armed forces of the United States or the
Ohio national guard, the registrar or deputy registrar shall
provide the individual's name,
address, and military status to
the department of veterans
services for official government
purposes regarding benefits and services.
Sec. 4501.03. The registrar of motor vehicles shall open
an
account with each county and district of registration in the
state, and may assign each county and district of registration in
the state a unique code for identification purposes. Except as
provided
in
section 4501.044 or division (B)(A) (1) of section
4501.045 of the
Revised Code, the registrar shall pay all moneys
the registrar receives
under
sections 4503.02, 4503.12, and
4504.09 of the Revised Code into
the state treasury to the credit
of the auto registration
distribution fund, which is hereby
created, for distribution in
the manner provided for in this
section and sections 4501.04,
4501.041, 4501.042, and 4501.043 of
the Revised Code. All other
moneys received by the registrar shall
be deposited in the state
bureau of motor vehicles fund
established in section 4501.25 of the Revised
Code for the
purposes enumerated in that section, unless otherwise provided by
law.
All moneys credited to the auto registration distribution
fund shall be distributed to the counties and districts of
registration, except for funds received by the registrar under
section
4504.09 of the Revised Code, after receipt of
certifications from
the commissioners of the sinking fund
certifying, as required by
sections 5528.15 and 5528.35 of the
Revised Code, that there are
sufficient moneys to the credit of
the highway improvement bond
retirement fund created by section
5528.12 of the Revised Code to
meet in full all payments of
interest, principal, and charges for
the retirement of bonds and
other obligations issued pursuant to
Section 2g of Article VIII,
Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised
Code due and payable during
the current calendar year, and that
there are sufficient moneys
to the credit of the highway
obligations bond retirement fund
created by section 5528.32 of the
Revised Code to meet in full
all payments of interest, principal,
and charges for the
retirement of highway obligations issued
pursuant to Section 2i
of Article VIII, Ohio Constitution, and
sections 5528.30 and
5528.31 of the Revised Code due and payable
during the current
calendar year, in the manner provided in
section 4501.04 of the
Revised Code.
The treasurer of state may invest any portion of the moneys
credited to the auto registration distribution fund, in the same
manner and subject to all the laws with respect to the investment
of state funds by the treasurer of state, and all investment
earnings of the fund
shall be credited to the fund.
Once each month the registrar shall prepare vouchers in
favor
of the county auditor of each county for the amount of the
tax
collection pursuant to sections 4503.02 and 4503.12 of the
Revised
Code apportioned to the county and to the districts of
registration located wholly or in part in the county
auditor's
county. The county auditor shall distribute the proceeds of the
tax collections due
the county and the districts of registration
in the manner
provided in section 4501.04 of the Revised Code.
Once each month the registrar also shall prepare vouchers
in
favor of the county auditor of each county levying a county motor
vehicle
license tax pursuant to section 4504.02, 4504.15,
or
4504.16 of the Revised Code and of each county in which is
located
one or more townships levying a township motor vehicle
license tax
pursuant to section 4504.18 of the Revised Code for
the amount of
the tax due the county or townships in the county.
All moneys received by the registrar under sections
4503.02,
4503.12, and 4504.09 of the Revised Code shall be
distributed to
counties, townships, and municipal corporations within
thirty days
of the expiration of the registration year,
except that a sum
equal to five per cent of the total amount
received under sections
4503.02 and 4503.12 of the Revised Code
may be reserved to make
final adjustments in accordance with the
formula for distribution
set forth in section 4501.04 of the
Revised Code. If amounts set
aside to make the adjustments are
inadequate, necessary
adjustments shall be made immediately out
of funds available for
distribution for the following two
registration years.
Sec. 4501.044. (A) All moneys received under section
4503.65
of the Revised Code and from the tax imposed by section
4503.02 of
the Revised Code on vehicles that are apportionable
and to which
the rates specified in divisions (A)(1) to (21) and
division (B)
of section 4503.042 of the Revised Code apply shall
be paid into
the international registration plan distribution
fund, which is
hereby created in the state treasury, and
distributed as follows:
(1) First, to make payments to other states that are
members
of the international registration plan of the portions of
registration taxes the states are eligible to receive because of
the operation within their borders of apportionable vehicles that
are registered in Ohio;
(2) Second, two and five-tenths per cent of all the moneys
received from apportionable vehicles under section 4503.65 of the
Revised Code that are collected from other international
registration plan jurisdictions commencing on and after October 1,
2009, shall be deposited into the state highway safety fund
established in section 4501.06 of the Revised Code;
(3) Third, forty-two and six-tenths per cent of the
moneys
received from apportionable vehicles under divisions
(A)(8) to
(21) of section 4503.042 and forty-two and six-tenths per cent of
the balance remaining from the moneys received under section
4503.65 of the
Revised Code after distribution under division
(A)(2) of this section shall be deposited in the state treasury to
the
credit of the highway obligations bond retirement fund created
by
section 5528.32 of the Revised Code and used solely for the
purposes set forth in that section, except that, from the date
the
commissioners of the sinking fund make the certification to
the
treasurer of state on the sufficiency of funds in the highway
obligation bond retirement fund as required by section 5528.38 of
the Revised Code, and until the thirty-first day of December of
the year in which the certification is made, the amounts
distributed under division (A)(2)(3) of this section shall be
credited to the highway operating fund created by section
5735.291
of the Revised Code;
(3) Third (4) Fourth, an amount estimated as the annual costs
that
the department of taxation will incur in conducting audits of
persons who have registered motor vehicles under the
international
registration plan, one-twelfth of which amount
shall be paid by
the registrar of motor vehicles into the
international
registration plan auditing fund created by section
5703.12 of the
Revised Code by the fifteenth day of each month;
(4) Fourth (5) Fifth, to the state bureau of motor vehicles
fund established
in section 4501.25 of the Revised Code, to offset
operating
expenses incurred by the bureau of motor vehicles in
administering the international registration plan;
(5)(6) Any moneys remaining in the international registration
plan distribution fund after distribution under divisions (A)(1)
to (4)(5) of this section shall be distributed in accordance with
division (B) of this section.
(B)(1) Moneys received from the tax imposed by section
4503.02 of the Revised Code on vehicles that are apportionable
and
to which the rates specified in divisions (A)(1) to (21) and
division (B) of section 4503.042 of the Revised Code apply shall
be distributed and used in the manner provided in section 4501.04
of the Revised Code and rules adopted by the registrar of motor
vehicles for moneys deposited to the credit of the auto
registration distribution fund.
(2) Moneys received from collections under section 4503.65
of
the Revised Code shall be distributed under divisions (B)(2)
and
(3) of this section.
Each county, township, and municipal corporation shall
receive an amount such that the ratio that the amount of moneys
received by that county, township, or municipal corporation under
division (B)(1) of this section from apportionable vehicles
registered in Ohio and under section 4503.65 of the Revised Code
from apportionable vehicles registered in other international
registration plan jurisdictions bears to the total amount of
moneys received by all counties, townships, and municipal
corporations under division (B)(1) of this section from
apportionable vehicles registered in Ohio and under section
4503.65 of the Revised Code from apportionable vehicles
registered
in other international registration plan jurisdictions
equals the
ratio that the amount of moneys that the county,
township, or
municipal corporation would receive from
apportionable vehicles
registered in Ohio were the moneys from
such vehicles distributed
under section 4501.04 of the Revised
Code, based solely on the
weight schedules contained in section
4503.042 of the Revised
Code, bears to the total amount of money
that all counties,
townships, and municipal corporations would
receive from
apportionable vehicles registered in Ohio were the
moneys from
such vehicles distributed under section 4501.04 of
the Revised
Code, based solely on the weight schedules contained
in section
4503.042 of the Revised Code.
No county, township, or municipal corporation shall receive
under division (B)(2) of this section an amount greater than the
amount of money that that county, township, or municipal
corporation would receive from apportionable vehicles registered
in Ohio were the money from the taxation of such vehicles
distributed under section 4501.04 of the Revised Code based
solely
on the weight schedules contained in section 4503.042 of
the
Revised Code.
(3) If, at the end of the distribution year, the total of
all
moneys received under section 4503.65 of the Revised Code
exceeds
the total moneys subject to distribution under division
(B)(2) of
this section, the registrar shall distribute to each
county,
township, and municipal corporation a portion of the
excess. The
excess shall be distributed to counties, townships,
and municipal
corporations in the same proportion that the
revenues received by
each county, township, and municipal
corporation from collections
under section 4503.02 and from
collections under section 4503.65
of the Revised Code during that
distribution year bears to the
total revenues received by
counties, townships, and municipal
corporations from taxes levied
under section 4503.02 and from
collections under section 4503.65
of the Revised Code during that
distribution year.
(C) All moneys received from the administrative fee
imposed
by division (C) of section 4503.042 of the Revised Code
shall be
deposited to the credit of the state bureau of motor vehicles fund
established in section 4501.25 of the Revised Code, to offset
operating
expenses incurred by the bureau of motor vehicles in
administering the
international registration plan.
(D) All investment earnings of the international
registration
plan distribution fund shall be credited to the
fund.
Sec. 4501.06. The taxes, fees, and fines levied, charged,
or
referred to in division (O) of section 4503.04, division (E) of
section 4503.042, division (B) of section 4503.07, division (C)(1)
of section 4503.10, division (D)
of section 4503.182, division
(D)(2) of section 4507.24, division (A)
of section 4508.06, and
sections 4505.11, 4505.111,
4506.08, 4506.09, 4507.23, 4508.05,
4923.12, and
5502.12 of the
Revised Code, and the taxes charged
in section 4503.65 that are
distributed in accordance with
division (A)(2) of section 4501.044
of the Revised Code unless
otherwise designated by law,
shall be
deposited in the state
treasury to the credit of the
state highway
safety fund, which is
hereby created, and shall,
after receipt of
certifications from
the commissioners of the
sinking fund
certifying, as required by
sections 5528.15 and
5528.35 of the
Revised Code, that there are
sufficient moneys to
the credit of
the highway improvement bond
retirement fund
created by section
5528.12 of the Revised Code to
meet in full
all payments of
interest, principal, and charges for
the
retirement of bonds and
other obligations issued pursuant to
Section 2g of Article VIII,
Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised
Code due and payable during
the current calendar year, and that
there are sufficient moneys
to the credit of the highway
obligations bond retirement fund
created by section 5528.32 of the
Revised Code to meet in full
all payments of interest, principal,
and charges for the
retirement of highway obligations issued
pursuant to Section 2i
of Article VIII, Ohio Constitution, and
sections 5528.30 and
5528.31 of the Revised Code due and payable
during the current
calendar year, be used for the purpose of
enforcing and paying
the expenses of administering the law
relative to the
registration and operation of motor vehicles on
the public roads
or highways. Amounts credited to
the fund may
also be used to pay
the expenses
of administering and enforcing
the laws under which
such fees
were collected. All investment
earnings of the state
highway
safety fund shall be credited to the
fund.
Sec. 4501.21. (A) There is hereby created in the state
treasury the license plate contribution fund. The fund shall
consist of all contributions paid by motor vehicle registrants and
collected by the registrar of motor vehicles pursuant to sections
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51,
4503.522, 4503.523, 4503.545, 4503.55, 4503.551, 4503.552,
4503.553,
4503.561, 4503.562, 4503.591, 4503.67, 4503.68,
4503.69, 4503.71,
4503.711, 4503.712, 4503.72, 4503.73, 4503.74,
4503.75,
4503.85, and 4503.92 of the
Revised Code.
(B) The registrar shall pay the contributions the registrar
collects in the fund as follows:
The registrar shall pay the contributions received
pursuant
to section 4503.491 of the Revised Code to the breast
cancer fund
of Ohio, which shall use that money only to pay for
programs that
provide assistance and education to Ohio breast
cancer patients
and that improve access for such patients to
quality health care
and clinical trials and shall not use any of
the money for
abortion information, counseling, services, or other
abortion-related activities.
The registrar shall pay the contributions received
pursuant
to section 4503.493 of the Revised Code to the autism
society of
Ohio, which shall use the contributions for programs
and autism
awareness efforts throughout the state.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.50 of the Revised Code to the
future farmers of America foundation, which shall deposit the
contributions into its general account to be used for educational
and scholarship purposes of the future farmers of America
foundation.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.501 of the Revised Code to the
4-H youth development program of the Ohio state university
extension program, which shall use those contributions to pay the
expenses it incurs in conducting its educational activities.
The registrar shall pay the contributions received
pursuant
to section 4503.502 of the Revised Code to the Ohio
cattlemen's
foundation, which shall use those contributions for
scholarships
and other educational activities.
The registrar shall pay each contribution the registrar
receives pursuant to section 4503.51 of the Revised Code to the
university or college whose name or marking or design appears on
collegiate license plates that are issued to a person under that
section. A university or college that receives contributions from
the fund shall deposit the contributions into its general
scholarship fund.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.522 of the Revised Code to the
"friends of Perry's victory and international peace memorial,
incorporated," a nonprofit corporation organized under the laws of
this state, to assist that organization in paying the expenses it
incurs in sponsoring or holding charitable, educational, and
cultural events at the monument.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.523 of the Revised Code to the
fairport lights foundation,
which shall use the money to pay for
the restoration, maintenance,
and preservation of the lighthouses
of fairport harbor.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.55 of the Revised Code to the
pro football hall of fame, which shall deposit the contributions
into a special bank account that it establishes and which shall be
separate and distinct from any other account the pro football hall
of fame maintains, to be used exclusively for the purpose of
promoting the pro football hall of fame as a travel destination.
The registrar shall pay the contributions that are paid
to
the registrar pursuant to section 4503.545 of the Revised Code
to
the national rifle association
foundation, which shall use the
money to pay the costs of the
educational activities and programs
the foundation holds or
sponsors in this state.
In accordance with section 955.202 of the Revised Code,
the
The
registrar shall pay to the Ohio pet fund the contributions
the
registrar
receives pursuant
to section 4503.551 of the
Revised
Code and any
other money from
any other source,
including
donations, gifts,
and grants, that is
designated by
the source
to be paid to the
Ohio pet fund. The Ohio pet fund
shall use the
moneys it receives under this
section only to
support programs
for the sterilization of dogs and
cats and for
educational
programs concerning the proper veterinary
care of
those animals, and for expenses of the Ohio pet fund that are
reasonably necessary for it to obtain and maintain its tax-exempt
status and to perform its duties.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.552 of the Revised Code to the
rock and roll hall of fame and museum, incorporated.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.553 of the Revised Code to the
Ohio coalition for animals, incorporated, a nonprofit corporation.
Except as provided in division (B) of this section, the
coalition
shall distribute the money to its members, and the
members shall
use the money only to pay for educational,
charitable, and
other
programs of each coalition member that
provide care for unwanted,
abused, and
neglected horses. The Ohio
coalition for animals may
use a portion of the
money to pay for
reasonable marketing costs
incurred in the design and
promotion
of the license plate and
for administrative costs
incurred in the
disbursement and
management of funds received
under this section.
The registrar shall pay the contributions the registrar
receives pursuant to section 4503.561 of the Revised Code to the
state of Ohio chapter of ducks unlimited, inc., which shall
deposit the contributions into a special bank account that it
establishes. The special bank account shall be separate and
distinct from any other account the state of Ohio chapter of ducks
unlimited, inc., maintains and shall be used exclusively for the
purpose of protecting, enhancing, restoring, and managing wetlands
and conserving wildlife habitat. The state of Ohio chapter of
ducks unlimited, inc., annually shall notify the registrar in
writing of the name, address, and account to which such payments
are to be made.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.562 of the Revised
Code to the
Mahoning river consortium, which shall use the money
to pay the
expenses it incurs in restoring and maintaining the
Mahoning
river watershed.
The registrar shall pay to a sports commission
created
pursuant to section 4503.591 of the Revised Code each
contribution the registrar receives under that section that an
applicant pays to obtain license plates that bear the logo of a
professional sports team located in the county of that sports
commission and that is participating in the license plate program
pursuant to division (E) of that section, irrespective of the
county of residence of an applicant.
The registrar shall pay to a community charity each
contribution the registrar receives under section 4503.591 of the
Revised Code that an applicant pays to obtain license plates that
bear the logo of a professional sports team that is participating
in the license plate program pursuant to division (G) of that
section.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.67 of the Revised Code
to the
Dan Beard council of the boy scouts of America. The council
shall
distribute all contributions in an equitable manner
throughout
the state to regional councils of the boy scouts.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.68 of the Revised Code
to the
great river council of the girl scouts of the United States
of
America. The council shall distribute all contributions in an
equitable manner throughout the state to regional councils of the
girl scouts.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.69 of the Revised Code
to the
Dan Beard council of the boy scouts of America. The council
shall
distribute all contributions in an equitable manner
throughout
the state to regional councils of the boy scouts.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.71 of the Revised Code
to the
fraternal order of police of Ohio, incorporated, which
shall
deposit the fees into its general account to be used for
purposes
of the fraternal order of police of Ohio, incorporated.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.711 of the Revised
Code to the
fraternal order of police of Ohio, incorporated, which
shall
deposit the contributions into an account that it creates to
be
used for the purpose of advancing and protecting the law
enforcement profession, promoting improved law enforcement
methods, and teaching respect for law and order.
The registrar shall pay the contributions received
pursuant
to section 4503.712 of the Revised Code to Ohio concerns
of
police survivors, which shall use those contributions to
provide
whatever assistance may be appropriate to the families of
Ohio
law enforcement officers who are killed in the line of duty.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.72 of the Revised Code
to the
organization known on March 31, 2003, as the Ohio CASA/GAL
association, a private, nonprofit corporation organized under
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association
shall use these contributions to pay the expenses it incurs in
administering a program to secure the proper representation in the
courts of this state of abused, neglected, and dependent children,
and for the training and supervision of persons participating in
that program.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.73 of the Revised Code
to
Wright B. Flyer, incorporated, which shall deposit the
contributions into its general account to be used for purposes of
Wright B. Flyer, incorporated.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.74 of the Revised Code
to the
Columbus zoological park
association, which shall disburse
the
moneys to Ohio's major
metropolitan zoos, as defined in
section
4503.74 of the Revised
Code, in accordance with a written
agreement entered into by the
major metropolitan zoos.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.75 of the Revised Code
to the
rotary foundation, located on March 31, 2003, in Evanston,
Illinois, to be placed in a fund known as the permanent fund and
used to endow educational and humanitarian programs of the rotary
foundation.
The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.85 of the Revised Code
to the
Ohio sea grant college program to be used for Lake Erie
area
research projects.
The registrar shall pay the contributions received
pursuant
to section 4503.92 of the Revised Code to support our
troops,
incorporated, a national nonprofit corporation, which
shall use
those contributions in accordance with its articles of
incorporation and for the benefit of servicemembers of the armed
forces of the United States and their families when they are in
financial need.
(C) All investment earnings of the license plate contribution
fund shall be credited to the fund. Not later than the first day
of May of every year, the registrar shall distribute to each
entity described in division (B) of this
section the investment
income the fund earned the previous
calendar year. The amount of
such a distribution paid to an entity
shall be proportionate to
the amount of money the entity received
from the fund during the
previous calendar year.
Sec. 4501.34. (A) The registrar of motor vehicles
may
adopt
and publish rules to govern
the registrar's
proceedings.
All
proceedings of the registrar shall be open to
the public,
and
all
documents in
the registrar's possession
are
public records.
The
registrar shall adopt a seal
bearing the
inscription: "Motor
Vehicle Registrar
of Ohio." The
seal shall be affixed to all
writs
and
authenticated copies of
records, and, when it has been
so
attached,
the copies shall
be received in evidence with the
same
effect as other public
records. All courts shall take
judicial
notice of the seal.
(B) Upon the request of any person accompanied by a
nonrefundable fee of two five dollars per name, the registrar may
furnish lists of names and addresses as they appear upon the
applications for driver's licenses, provided that any further
information contained in the applications shall not be disclosed.
The registrar shall pay all the fees two dollars of each fee
collected
into the
state
treasury to the credit of the
state
bureau of motor vehicles fund
established in section 4501.25
of
the Revised Code. Of the remaining three dollars of each
such fee
the registrar collects, the registrar shall deposit sixty cents
into the state treasury to the credit
of
the trauma and
emergency medical services fund established in
section 4513.263
of the Revised Code, sixty
cents into the state treasury to the
credit of the homeland
security fund established in section
5502.03 of the Revised Code,
thirty cents into the state
treasury to the credit of the
investigations fund established in
section 5502.131 of the Revised
Code, one dollar and twenty-five
cents into the state treasury to
the credit of the emergency
management agency service and
reimbursement fund established in
section 5502.39 of the Revised
Code, and twenty-five cents into
the state treasury to the credit of the
justice program services
fund established in section 5502.67 of
the Revised Code.
This division does not apply to the list of qualified
driver
licensees required to be compiled and filed pursuant to
section
2313.06 of the Revised Code.
Sec. 4503.04.
Except as
provided in section sections
4503.042 and 4503.65 of the Revised Code for the
registration of
commercial
cars, trailers, semitrailers, and
certain buses, the
rates
of the taxes imposed by section
4503.02 of the Revised Code
shall
be as follows:
(A) For motor vehicles having three wheels or less, the
license tax is:
(1) For each motorized bicycle, ten dollars;
(2) For each motorcycle, fourteen dollars.
(B) For each passenger car, twenty dollars;
(C) For each manufactured home, each mobile home, and each
travel trailer, ten dollars;
(D) For each noncommercial motor vehicle designed by the
manufacturer to carry a load of no more than three-quarters of
one
ton and for each motor home, thirty-five dollars; for each
noncommercial motor vehicle designed by the manufacturer to carry
a load of more than three-quarters of one ton, but not more
than
one ton, seventy dollars;
(E)
For each noncommercial trailer, the license tax is:
(1) Eighty-five cents for each one hundred pounds or part
thereof for the first two thousand pounds or part thereof of
weight of vehicle fully equipped;
(2) One dollar and forty cents for each one hundred pounds
or
part thereof in excess of two thousand pounds up to and
including
three thousand pounds.
(F) Notwithstanding its weight, twelve dollars for any:
(1) Vehicle equipped, owned, and used by a charitable or
nonprofit corporation exclusively for the purpose of
administering
chest x-rays or receiving blood donations;
(2) Van used principally for the transportation of
handicapped persons that has been modified by being equipped with
adaptive equipment to facilitate the movement of such persons
into
and out of the van;
(3) Bus
used principally for the transportation of
handicapped persons or
persons sixty-five years of age or older;
(G) Notwithstanding its weight, twenty dollars for any
bus
used principally for the transportation of persons in a
ridesharing arrangement.
(H) For each transit bus having motor power the license
tax
is twelve dollars.
"Transit bus" means either a motor vehicle having a seating
capacity of more than seven persons which is operated and used by
any person in the rendition of a public mass transportation
service primarily in a municipal corporation or municipal
corporations and provided at least seventy-five per cent of the
annual mileage of such service and use is within such municipal
corporation or municipal corporations or a motor vehicle having a
seating capacity of more than seven persons which is operated
solely for the transportation of persons associated with a
charitable or nonprofit corporation, but does not mean any motor
vehicle having a seating capacity of more than seven persons when
such vehicle is used in a ridesharing capacity
or any bus
described by division (F)(3) of this section.
The application for registration of such transit bus shall
be
accompanied by an affidavit prescribed by the registrar of
motor
vehicles and signed by the person or an agent of the firm
or
corporation operating such bus stating that the bus has a
seating
capacity of more than seven persons, and that it is
either to be
operated and used in the rendition of a public mass
transportation
service and that at least seventy-five per cent of
the annual
mileage of such operation and use shall be within one
or more
municipal corporations or that it is to be operated
solely for the
transportation of persons associated with a
charitable or
nonprofit corporation.
The form of the license plate, and the manner of its
attachment to the vehicle, shall be prescribed by the registrar
of
motor vehicles.
(I) The minimum tax for any vehicle having motor power
other
than a farm truck, a motorized bicycle, or motorcycle is
ten
dollars and eighty cents, and for each noncommercial trailer,
five
dollars.
(J)(1) Except as otherwise provided in division
(J) of
this
section, for each farm truck, except a noncommercial motor
vehicle, that is owned, controlled, or operated by one or more
farmers exclusively in farm use as defined in this section, and
not for commercial purposes, and provided that at least
seventy-five per cent of such farm use is by or for the one or
more owners, controllers, or operators of the farm in the
operation of which a farm truck is used, the license tax is five
dollars plus:
(a) Fifty cents per one hundred pounds or part thereof for
the first three thousand pounds;
(b) Seventy cents per one hundred pounds or part thereof
in
excess of three thousand pounds up to and including four
thousand
pounds;
(c) Ninety cents per one hundred pounds or part thereof in
excess of four thousand pounds up to and including six thousand
pounds;
(d) Two dollars for each one hundred pounds or part
thereof
in excess of six thousand pounds up to and including ten
thousand
pounds;
(e) Two dollars and twenty-five cents for each one hundred
pounds or part thereof in excess of ten thousand pounds;
(f) The minimum license tax for any farm truck shall be
twelve dollars.
(2) The owner of a farm truck may register the truck for a
period of one-half year by paying one-half the registration tax
imposed on the truck under this chapter and one-half the amount
of
any tax imposed on the truck under Chapter 4504. of the
Revised
Code.
(3) A farm bus may be registered for a period of ninety
days
from the date of issue of the license plates for the bus,
for a
fee of ten dollars, provided such license plates shall not
be
issued for more than any two ninety-day periods in any
calendar
year. Such use does not include the operation of trucks
by
commercial processors of agricultural products.
(4) License plates for farm trucks and for farm buses
shall
have some distinguishing marks, letters, colors, or other
characteristics to be determined by the director of public
safety.
(5) Every person registering a farm truck or bus under
this
section shall furnish an affidavit certifying that the truck
or
bus licensed to that person is to be so used as to meet
the
requirements necessary for the farm truck or farm bus
classification.
Any farmer may use a truck owned by the farmer for
commercial
purposes by
paying the difference between the commercial truck
registration
fee and the farm truck registration fee for the
remaining part of
the registration period for which the truck is
registered. Such
remainder shall be calculated from the beginning
of the
semiannual period in which application for such commercial
license is made.
Taxes at the rates provided in this section are in lieu of
all taxes on or with respect to the ownership of such motor
vehicles, except as provided in section 4503.042 and section
4503.06 of the Revised Code.
(K) Other than trucks registered under the international
registration plan in another jurisdiction and for which this
state
has received an apportioned registration fee, the license
tax for
each truck which is owned, controlled, or operated by a
nonresident, and licensed in another state, and which is used
exclusively for the transportation of nonprocessed agricultural
products intrastate, from the place of production to the place of
processing, is twenty-four dollars.
"Truck," as used in this division, means any pickup truck,
straight truck, semitrailer, or trailer other than a travel
trailer. Nonprocessed agricultural products, as used in this
division, does not include livestock or grain.
A license issued under this division shall be issued for a
period of one hundred thirty days in the same manner in which all
other licenses are issued under this section, provided that no
truck shall be so licensed for more than one
one-hundred-thirty-day
period during any calendar year.
The license issued pursuant to this division shall consist
of
a windshield decal to be designed by the director of public
safety.
Every person registering a truck under this division shall
furnish an affidavit certifying that the truck licensed to the
person is
to be used exclusively for the purposes specified in
this
division.
(L) Every person registering a motor vehicle as a
noncommercial motor vehicle as defined in section 4501.01 of the
Revised Code, or registering a trailer as a noncommercial trailer
as defined in that section, shall furnish an affidavit certifying
that the motor vehicle or trailer so licensed to the person is to
be so
used as to meet the requirements necessary for the
noncommercial
vehicle classification.
(M) Every person registering a van or bus as provided in
divisions
(F)(2) and
(3) of this section shall furnish a
notarized
statement certifying that the van or bus licensed to
the
person is
to be used for the purposes specified in those
divisions. The form
of the license plate issued for such motor
vehicles shall
be
prescribed by the registrar.
(N) Every person registering as a passenger car a motor
vehicle designed and used for carrying more than nine but not
more
than fifteen passengers, and every person registering a bus
as
provided in division
(G) of this section, shall furnish an
affidavit certifying that the vehicle so licensed to the
person is
to be
used in a ridesharing arrangement and that the person will
have in effect
whenever the vehicle is used in a ridesharing
arrangement a
policy of liability insurance with respect to the
motor vehicle
in amounts and coverages no less than those required
by section
4509.79 of the Revised Code. The form of the license
plate
issued for such a motor vehicle shall be prescribed by the
registrar.
(O) Commencing on October 1, 2009, if an application for
registration renewal is not applied for prior to the expiration
date of the registration or within seven days after that date, the
registrar or deputy registrar shall
collect a fee of twenty
dollars for the issuance of the vehicle
registration, but may
waive the fee for good cause shown if the
application is
accompanied by supporting evidence as the registrar
may require.
The fee shall be in addition to all other fees
established by
this section. A deputy registrar shall retain fifty
cents of the
fee and shall transmit the remaining amount to the
registrar at
the time and in the manner provided by section
4503.10 of the
Revised Code. The registrar shall deposit all
moneys received
under this division into the state highway safety
fund
established in section 4501.06 of the Revised Code.
(P) As used in this section:
(1) "Van" means any motor vehicle having a single rear
axle
and an enclosed body without a second seat.
(2) "Handicapped person" means any person who has lost the
use of one or both legs, or one or both arms, or is blind, deaf,
or so severely disabled as to be unable to move about without the
aid of crutches or a wheelchair.
(3) "Farm truck" means a truck used in the transportation
from the farm of products of the farm, including livestock and
its
products, poultry and its products, floricultural and
horticultural products, and in the transportation to the farm of
supplies for the farm, including tile, fence, and every other
thing or commodity used in agricultural, floricultural,
horticultural, livestock, and poultry production and livestock,
poultry, and other animals and things used for breeding, feeding,
or other purposes connected with the operation of the farm.
(4) "Farm bus" means a bus used only for the
transportation
of agricultural employees and used only in the
transportation of
such employees as are necessary in the
operation of the farm.
(5) "Farm supplies" includes fuel used exclusively in the
operation of a farm, including one or more homes located on and
used in the operation of one or more farms, and furniture and
other things used in and around such homes.
Sec. 4503.042. The registrar of motor vehicles shall adopt
rules establishing the date, subsequent to this state's entry
into
membership in the international registration plan, when the
rates
established by this section become operative.
(A) The rates of the taxes imposed by section 4503.02 of
the
Revised Code are as follows for commercial cars having a
gross
vehicle weight or combined gross vehicle weight of:
(1) Not more than two thousand pounds, forty-five dollars;
(2) More than two thousand but not more than six thousand
pounds, seventy dollars;
(3) More than six thousand but not more than ten thousand
pounds, eighty-five dollars;
(4) More than ten thousand but not more than fourteen
thousand pounds, one hundred five dollars;
(5) More than fourteen thousand but not more than eighteen
thousand pounds, one hundred twenty-five dollars;
(6) More than eighteen thousand but not more than
twenty-two
thousand pounds, one hundred fifty dollars;
(7) More than twenty-two thousand but not more than
twenty-six thousand pounds, one hundred seventy-five dollars;
(8) More than twenty-six thousand but not more than thirty
thousand pounds, three hundred fifty-five dollars;
(9) More than thirty thousand but not more than
thirty-four
thousand pounds, four hundred twenty dollars;
(10) More than thirty-four thousand but not more than
thirty-eight thousand pounds, four hundred eighty dollars;
(11) More than thirty-eight thousand but not more than
forty-two thousand pounds, five hundred forty dollars;
(12) More than forty-two thousand but not more than
forty-six
thousand pounds, six hundred dollars;
(13) More than forty-six thousand but not more than fifty
thousand pounds, six hundred sixty dollars;
(14) More than fifty thousand but not more than fifty-four
thousand pounds, seven hundred twenty-five dollars;
(15) More than fifty-four thousand but not more than
fifty-eight thousand pounds, seven hundred eighty-five dollars;
(16) More than fifty-eight thousand but not more than
sixty-two thousand pounds, eight hundred fifty-five dollars;
(17) More than sixty-two thousand but not more than
sixty-six
thousand pounds, nine hundred twenty-five dollars;
(18) More than sixty-six thousand but not more than
seventy
thousand pounds, nine hundred ninety-five dollars;
(19) More than seventy thousand but not more than
seventy-four thousand pounds, one thousand eighty dollars;
(20) More than seventy-four thousand but not more than
seventy-eight thousand pounds, one thousand two hundred dollars;
(21) More than seventy-eight thousand pounds, one thousand
three hundred forty dollars.
(B) The rates of the taxes imposed by section 4503.02 of
the
Revised Code are as follows for buses having a gross vehicle
weight or combined gross vehicle weight of:
(1) Not more than two thousand pounds, ten dollars;
(2) More than two thousand but not more than six thousand
pounds, forty dollars;
(3) More than six thousand but not more than ten thousand
pounds, one hundred dollars;
(4) More than ten thousand but not more than fourteen
thousand pounds, one hundred eighty dollars;
(5) More than fourteen thousand but not more than eighteen
thousand pounds, two hundred sixty dollars;
(6) More than eighteen thousand but not more than
twenty-two
thousand pounds, three hundred forty dollars;
(7) More than twenty-two thousand but not more than
twenty-six thousand pounds, four hundred twenty dollars;
(8) More than twenty-six thousand but not more than thirty
thousand pounds, five hundred dollars;
(9) More than thirty thousand but not more than
thirty-four
thousand pounds, five hundred eighty dollars;
(10) More than thirty-four thousand but not more than
thirty-eight thousand pounds, six hundred sixty dollars;
(11) More than thirty-eight thousand but not more than
forty-two thousand pounds, seven hundred forty dollars;
(12) More than forty-two thousand but not more than
forty-six
thousand pounds, eight hundred twenty dollars;
(13) More than forty-six thousand but not more than fifty
thousand pounds, nine hundred forty dollars;
(14) More than fifty thousand but not more than fifty-four
thousand pounds, one thousand dollars;
(15) More than fifty-four thousand but not more than
fifty-eight thousand pounds, one thousand ninety dollars;
(16) More than fifty-eight thousand but not more than
sixty-two thousand pounds, one thousand one hundred eighty
dollars;
(17) More than sixty-two thousand but not more than
sixty-six
thousand pounds, one thousand two hundred seventy
dollars;
(18) More than sixty-six thousand but not more than
seventy
thousand pounds, one thousand three hundred sixty
dollars;
(19) More than seventy thousand but not more than
seventy-four thousand pounds, one thousand four hundred fifty
dollars;
(20) More than seventy-four thousand but not more than
seventy-eight thousand pounds, one thousand five hundred forty
dollars;
(21) More than seventy-eight thousand pounds, one thousand
six hundred thirty dollars.
(C) In addition to the license taxes imposed at the rates
specified in divisions (A) and (B) of this section, an
administrative fee of three dollars and twenty-five fifty cents,
plus an
appropriate amount to cover the cost of postage, shall be
collected by the registrar for each international registration
plan license processed by the registrar. If the deputy registrar
fees are increased on January 1, 2004, in accordance with section
4503.034 of the Revised Code, the administrative fee collected
under this section is three dollars and fifty cents, commencing on
that date, plus postage.
(D) The rate of the tax for each trailer and semitrailer
is
twenty-five dollars.
(E) Commencing on October 1, 2009, if an application for
registration renewal is not applied for prior to the expiration
date of the registration or within seven days after that date, the
registrar or deputy registrar shall
collect a fee of twenty
dollars for the issuance of the vehicle
registration, but may
waive the fee for good cause shown if the
application is
accompanied by supporting evidence as the registrar
may require.
The fee shall be in addition to all other fees
established by
this section. A deputy registrar shall retain fifty
cents of the
fee and shall transmit the remaining amount to the
registrar at
the time and in the manner provided by section
4503.10 of the
Revised Code. The registrar shall deposit all
moneys received
under this division into the state highway safety
fund
established in section 4501.06 of the Revised Code.
(F) The rates established by this section shall not apply
to
any of the following:
(1) Vehicles equipped, owned, and used by a charitable or
nonprofit corporation exclusively for the purpose of
administering
chest x-rays or receiving blood donations;
(2) Vans used principally for the transportation of
handicapped persons that have been modified by being equipped
with
adaptive equipment to facilitate the movement of such
persons into
and out of the vans;
(3) Buses used principally for the transportation of
handicapped persons or persons sixty-five years of age or older;
(4) Buses used principally for the transportation of
persons
in a ridesharing arrangement;
(5) Transit buses having motor power;
(6) Noncommercial trailers, mobile homes, or manufactured
homes.
Sec. 4503.07. (A) In lieu of the schedule of rates for
commercial cars fixed in
section 4503.04 of the Revised Code, the
fee shall be ten dollars for each
church bus used exclusively to
transport members of a church congregation to
and from church
services or church functions or to transport children and
their
authorized supervisors to and from any camping function sponsored
by a
nonprofit, tax-exempt, charitable or philanthropic
organization. A church
within the meaning of this section is an
organized religious group, duly
constituted with officers and a
board of trustees, regularly holding religious
services, and
presided over or administered to by a properly accredited
ecclesiastical officer, whose name and standing is published in
the official
publication of the officer's religious group.
(B) Commencing on October 1, 2009, if an application for
registration renewal is not applied for prior to the expiration
date of the registration or within seven days after that date, the
registrar or deputy registrar shall
collect a fee of twenty
dollars for the issuance of the vehicle
registration, but may
waive the fee for good cause shown if the
application is
accompanied by supporting evidence as the registrar
may require.
The fee shall be in addition to all other fees
established by
this section. A deputy registrar shall retain fifty
cents of the
fee and shall transmit the remaining amount to the
registrar at
the time and in the manner provided by section
4503.10 of the
Revised Code. The registrar shall deposit all
moneys received
under this division into the state highway safety
fund
established in section 4501.06 of the Revised Code.
(C) The application for registration of such bus shall be
accompanied by the
following, as applicable:
(A)(1) An affidavit, prescribed by the registrar of motor
vehicles and signed by
either the senior pastor, minister, priest,
or rabbi of the
church making application or by the head of the
governing body of the
church making application, stating that the
bus is to be used exclusively
to transport members of a
church
congregation to and from church services or church functions or to
transport
children and their authorized supervisors to and from
any camping function
sponsored by a nonprofit, tax-exempt,
charitable, or philanthropic
organization;
(B)(2) A certificate from the state highway patrol stating
that the bus
involved is safe for operation in accordance with
such standards as are
prescribed by the state highway patrol
if
the bus meets either of the following:
(1)(a) It originally was designed by the manufacturer to
transport sixteen or
more passengers, including the driver;
(2)(b) It has a gross vehicle weight rating of ten thousand
one pounds or
more.
(D) The form of the license plate and the manner of its
attachment to the vehicle
shall be prescribed by the registrar.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway
motorcycle,
and
all-purpose vehicle required to be
registered
under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or
renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information:
(1) A brief description of the motor vehicle to be
registered, including the year, make, model, and vehicle
identification number, and, in the case of
commercial cars, the
gross weight of the vehicle fully equipped
computed in the manner
prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration
or transfer of the motor vehicle, during the
preceding
registration year and during the preceding period of
the
current
registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, driver's license
number, or state identification number, or,
where a motor vehicle
to be registered is used for hire or
principally in connection
with any established business, the
owner's federal taxpayer
identification number. The bureau of
motor vehicles shall retain
in its records all social security
numbers provided under this
section, but the bureau shall not
place social security numbers on
motor vehicle certificates of
registration.
(B) Except as otherwise provided in this division, each time
an applicant first registers a motor
vehicle
in the applicant's
name, the
applicant shall present for
inspection a physical
certificate of title or memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if
a physical certificate of title or
memorandum certificate has been
issued by a clerk of a court of
common pleas. If, under sections
4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk
instead has issued an electronic
certificate of title for the
applicant's motor vehicle, that
certificate may be presented for
inspection at the time of first
registration in a manner
prescribed by rules adopted by the
registrar. An applicant is not
required to present a certificate of title to an electronic motor
vehicle dealer acting as a limited authority deputy registrar in
accordance with rules adopted by the registrar. When a
motor
vehicle inspection and maintenance
program is in effect
under
section 3704.14 of the Revised Code and
rules adopted under
it,
each application for registration for a
vehicle required to
be
inspected under that section and those
rules shall be
accompanied
by an inspection certificate for the
motor vehicle
issued in
accordance with that section. The
application shall be
refused if
any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code.
(3) A
certificate of title or memorandum certificate of
title
is required but does not
accompany
the application or, in the case
of an
electronic certificate of title, is required but is not
presented in a manner
prescribed by the registrar's rules.
(4) All registration and transfer fees for the motor
vehicle,
for the preceding year or the preceding period of the
current
registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall
indicate, by a stamp or
by other means the registrar
prescribes,
on the
registration certificate issued upon the first
registration
of a
motor vehicle by or on behalf of the owner the
odometer
reading
of
the motor vehicle as shown in the odometer
statement
included
in
or attached to the certificate of title.
Upon each
subsequent
registration of the motor vehicle by or on
behalf of
the same
owner, the official also shall so indicate the
odometer
reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing with Except as otherwise provided in
division (C)(1) of this section, for each registration renewal
with an
expiration date on or after October 1, 2003, and for
each initial application for registration received on and after
that date, the registrar and each deputy registrar shall
collect
an additional fee of eleven dollars for each application
for
registration and registration renewal received.
For vehicles
specified in divisions (A)(1) to (21) of section
4503.042 of the
Revised Code, commencing with each registration
renewal with an
expiration date on or after October 1, 2009, and
for each
initial application received on or after that date, the
registrar and deputy registrar shall collect an additional fee of
thirty dollars for each application for registration and
registration renewal received. The additional fee is for the
purpose of defraying the department of public safety's costs
associated with the administration and enforcement of the motor
vehicle and traffic laws of Ohio. Each deputy registrar shall
transmit the fees collected under division (C)(1) of this section
in the time and manner provided in this section. The registrar
shall deposit all moneys received under division (C)(1) of this
section into the state highway safety fund established in section
4501.06 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application.
(H) No person shall make a false statement as to the
district
of registration in an application required by division
(A) of this
section. Violation of this division is falsification
under section
2921.13 of the Revised Code and punishable as
specified in that
section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of
environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross
vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles
may adopt
rules to permit any person or lessee, other than a
person receiving an apportioned license plate under the
international registration plan, who owns or leases one
or
more
motor vehicles to file a written application for
registration for
no
more than five succeeding registration
years. The
rules adopted
by the registrar may designate the classes of motor vehicles
that
are eligible for such registration. At the time of
application,
all annual taxes and fees shall be
paid for each year for which
the person is registering.
(ii) The Not later than October 1, 2009, the registrar shall
adopt rules to permit any person or lessee who owns or leases two
or more trailers or semitrailers that are subject to the tax rates
prescribed in section 4503.042 of the Revised Code for such
trailers or semitrailers to file a written application for
registration for not more than five succeeding registration years.
At the time of application, all annual taxes and fees shall be
paid for each year for which the person is registering.
(b)(i) Except as provided in division (A)(1)(b)(ii) of this
section, the registrar
shall adopt rules to permit any
person who
owns a motor
vehicle to file
an application for registration for
the next two
succeeding
registration years.
At the time of
application, the
person shall pay the annual taxes and fees for
each registration
year, calculated in accordance with division (C)
of section
4503.11 of the Revised Code. A person who is
registering a
vehicle under division (A)(1)(b) of this section
shall pay for each year of registration the additional fee
established under division (C)(1) of section 4503.10 of the
Revised Code. The person shall also pay one and one-half times the
amount of the deputy registrar service fee specified in division
(D) of section 4503.10 of the Revised Code or the bureau of motor
vehicles service fee specified in division (G) of that section, as
applicable.
(ii) Division (A)(1)(b)(i) of this section does not apply to
a person receiving an apportioned license plate under the
international registration plan, or the owner of a commercial car
used solely in intrastate commerce, or the owner of a bus as
defined in section 4513.50 of the Revised Code.
(2) No person applying for a multi-year registration under
division (A)(1) of this section is entitled to a refund of any
taxes or fees paid.
(3) The registrar shall not issue to any applicant who has
been
issued a final, nonappealable order under division (B) of
this
section a multi-year registration or renewal thereof under
this
division or rules adopted under it for any motor vehicle that
is
required to be inspected under section 3704.14 of the Revised
Code the district of registration of which, as determined under
section 4503.10 of the Revised Code, is or is located in the
county named in the order.
(B) Upon receipt from the director of environmental
protection of a notice issued under rules adopted under section
3704.14 of the Revised Code indicating that an owner of a motor
vehicle that is required to be inspected under that section who
obtained a multi-year registration for the vehicle under division
(A) of this section or rules adopted under that division has not
obtained a required inspection certificate for the vehicle, the
registrar in accordance with Chapter 119. of the
Revised Code
shall issue an order to the owner impounding the
certificate of
registration and identification license plates for
the vehicle.
The order also shall prohibit the owner from
obtaining or renewing
a multi-year registration for any vehicle
that is required to be
inspected under that section, the district
of registration of
which is or is located in the same county as
the county named in
the order during the number of years after
expiration of the
current multi-year registration that equals the
number of years
for which the current multi-year registration was
issued.
An order issued under this division shall require the owner
to surrender to the registrar the certificate of registration and
license plates for the vehicle named in the order within five
days
after its issuance. If the owner fails to do so within that
time,
the registrar shall certify that fact to the county sheriff
or
local police officials who shall recover the certificate of
registration and license plates for the vehicle.
(C) Upon the occurrence of either of the following
circumstances, the registrar in accordance with Chapter 119. of
the Revised Code shall issue to the owner a modified order
rescinding the provisions of the order issued under division (B)
of this section impounding the certificate of registration and
license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection
of
a subsequent notice under rules adopted under section 3704.14 of
the
Revised Code that the owner has obtained the inspection
certificate for the vehicle as required under those rules;
(2) Presentation to the registrar by the owner of the
required inspection certificate for the vehicle.
(D) The owner of a motor vehicle for which the certificate
of
registration and license plates have been impounded pursuant
to
an
order issued under division (B) of this section, upon
issuance
of
a modified order under division (C) of this section,
may apply
to
the registrar for their return. A fee of two
dollars and fifty
cents shall be charged for the return of the
certificate of
registration and license plates for each vehicle
named in the
application.
Sec. 4503.182. (A) A purchaser of a motor
vehicle, upon
application and proof of purchase of the vehicle, may be
issued
a
temporary license placard or windshield sticker for the
motor
vehicle.
The purchaser of a vehicle applying for a temporary license
placard or windshield sticker under this section shall execute an
affidavit stating that the purchaser has not been
issued
previously
during the
current registration year a license plate
that could
legally be transferred to
the vehicle.
Placards or windshield stickers shall be issued only for
the
applicant's use of the vehicle to enable
the
applicant to legally
operate the motor vehicle while proper title,
license plates, and
a certificate of registration
are being obtained, and shall be
displayed on no
other motor vehicle.
Placards or windshield stickers issued under this section
are
valid for a period of thirty days from date of
issuance
and are
not transferable or renewable.
The fee for
the placards or windshield stickers issued under
this section is
two
dollars plus a
service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three dollars and
twenty-five
cents
commencing on January 1, 2003, and three dollars
and fifty
cents
commencing on January 1, 2004.
(B)(1) The registrar of motor vehicles may issue to a
motorized
bicycle dealer or a licensed motor vehicle dealer
temporary
license placards to be issued to purchasers for use on
vehicles
sold by the
dealer, in accordance with
rules
prescribed
by the
registrar. The dealer shall notify the
registrar, within
forty-eight hours, of
the issuance
of a
placard by
electronic
means via computer
equipment purchased and
maintained by the
dealer or in any other
manner prescribed by the
registrar.
(2) The fee for each
placard issued by the registrar to
a
dealer is
seven fifteen dollars, of which five thirteen dollars
shall be
deposited and used in accordance with division (D) of
this
section. The registrar shall charge an additional three
dollars
and fifty cents for each placard issued to a dealer who
notifies
the registrar of the issuance of the placards in a
manner other
than by approved electronic means.
(3) When a dealer issues a temporary license placard to a
purchaser, the dealer shall collect and retain the fees
established under divisions (A) and (D) of this section.
(C) The registrar of motor vehicles, at the
registrar's
discretion, may issue a temporary license placard. Such a
placard
may
be issued in the case of extreme hardship encountered by a
citizen from this state or another state who has attempted to
comply with all registration laws, but for extreme circumstances
is unable to properly register the citizen's vehicle.
(D) In addition to the fees charged under divisions (A) and
(B) of this section, commencing on October 1, 2003, the registrar
and each deputy registrar shall collect a fee of five dollars and
commencing on October 1, 2009, a fee of thirteen dollars, for each
temporary license placard issued. The additional fee is for the
purpose of defraying the department of public safety's costs
associated with the administration and enforcement of the motor
vehicle and traffic laws of Ohio. Each deputy registrar shall
transmit the fees collected under this division in the same manner
as provided for transmission of fees collected under division (A)
of this section. The registrar shall deposit all moneys received
under this division into the state highway safety fund established
in section 4501.06 of the Revised Code.
(E) The registrar shall adopt
rules, in accordance with
division (B) of section 111.15 of the
Revised Code, to specify the
procedures for reporting the
information from applications for
temporary license placards
and windshield stickers and for
providing the information from these
applications to law
enforcement agencies.
(F) Temporary license
placards issued under this section
shall bear a distinctive combination of
seven
letters, numerals,
or letters and numerals, and shall incorporate
a security feature
that, to the greatest degree possible, prevents tampering
with any
of the information that is entered upon a placard when it is
issued.
(G)
Whoever violates division (A) of this section is guilty
of a misdemeanor of the fourth degree. Whoever violates division
(B) of this section is guilty of a misdemeanor of the first
degree.
(H) As used in this section, "motorized bicycle dealer"
means
any person engaged in the business of selling at retail,
displaying, offering for sale, or dealing in motorized bicycles
who is not subject to section 4503.09 of the Revised Code.
Sec. 4503.19.
(A) Upon the filing of an application for
registration and the payment of the tax for
registration, the
registrar
of motor vehicles or a deputy registrar shall determine
whether the owner
previously has
been issued license plates for
the motor vehicle
described in the application. If no license
plates previously have
been
issued to the owner for that motor
vehicle, the registrar or deputy registrar
shall assign to the
motor vehicle a distinctive number and issue
and deliver to the
owner in the manner
that the registrar may
select a certificate of
registration, in the form
that the
registrar shall
prescribe, and,
except as otherwise provided in this section, two
license plates,
duplicates of each other, and a validation
sticker, or a
validation
sticker alone, to be attached to the number plates as
provided in section
4503.191 of the Revised Code. The registrar
or
deputy registrar also shall
charge the owner any fees required
under division (C) of section 4503.10 of
the Revised Code.
Trailers, manufactured homes, mobile homes,
semitrailers, the
manufacturer thereof, the
dealer, or in transit companies therein,
shall be issued one
license plate only and one validation sticker,
or a validation sticker
alone, and the license plate and
validation sticker shall
be displayed
only on the rear of such
vehicles. A commercial tractor that
does not receive an
apportioned license plate under the
international registration
plan shall be issued two license
plates and one validation
sticker, and the
validation sticker shall be displayed on the
front of the
commercial tractor. An apportioned vehicle receiving
an
apportioned
license plate under the international registration
plan shall be
issued one license plate only and one validation
sticker, or a validation
sticker alone; the license plate shall be
displayed only on the front of
a semitractor and on the rear of
all other vehicles. School
buses shall not be issued license
plates but shall bear
identifying numbers in the manner prescribed
by section 4511.764
of the Revised Code. The certificate of
registration and license plates and
validation stickers, or
validation stickers
alone, shall be issued and delivered to the
owner in person or by
mail. Chauffeured limousines shall be
issued
license plates, a
validation sticker, and a livery sticker
as
provided in section
4503.24 of the Revised Code. In the event
of
the loss,
mutilation, or destruction of any certificate of
registration, or
of any license plates or validation stickers, or
if
the owner
chooses to replace license plates previously issued
for a motor vehicle,
or if the registration certificate and
license plates have been
impounded as
provided by division
(B)(1)
of section 4507.02 and
section
4507.16 of the Revised Code, the
owner of
a motor
vehicle, or
manufacturer or dealer, may obtain
from the
registrar, or from a
deputy registrar if authorized by
the registrar, a
duplicate
thereof or new license plates bearing a
different number, if the
registrar
considers it advisable, upon
filing an application
prescribed by the
registrar, and upon paying
a fee of one dollar
for such certificate of
registration, a fee of
two seven dollars and fifty cents for
each set of two
license
plates, or one dollar six dollars and fifty cents for
each single
license plate or
validation sticker. In addition,
each applicant
for a replacement
certificate of
registration,
license plate, or
validation sticker shall pay the fees provided
in divisions (C)
and (D) of section 4503.10 of the Revised Code.
The registrar shall pay five dollars and fifty cents of the
fee collected for each license plate or set of license plates
issued into the state highway safety fund created in section
4501.06 of the Revised Code.
Additionally, the registrar and each deputy registrar who
either issues license plates and a validation sticker for use on
any vehicle other than a
commercial tractor, semitrailer, or
apportioned vehicle, or who issues
a validation sticker alone for
use on such a vehicle and the owner
has changed the owner's county
of residence since the
owner last was issued county
identification
stickers, also shall issue and deliver to the
owner either one or
two county identification stickers, as appropriate,
which shall be
attached to the
license plates in a manner
prescribed by the
director of public safety. The county
identification stickers
shall identify prominently
by name or number
the county in which
the owner of the vehicle resides at the time of
registration.
(B)
Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.191. (A)(1) The identification license plate
shall
be issued
for a
multi-year period as determined by the
director of
public safety, and shall be
accompanied by a
validation sticker,
to be attached to the license plate. The
Except as provided in division (A)(2) of this section, the
validation sticker shall
indicate the expiration of the
registration period to
which the
motor vehicle for which the
license plate is issued is assigned,
in
accordance with rules
adopted by the registrar
of motor
vehicles. During each succeeding
year
of
the multi-year period
following the issuance of the plate
and validation
sticker, upon
the filing of an application for
registration and the payment of
the tax therefor, a validation
sticker alone shall be issued. The
validation
stickers required
under this section shall be of
different colors or shades
each
year, the new colors or shades to
be selected by the director.
(2) Not later than October 1, 2009, the director shall
develop a universal validation sticker
that may be issued to any
owner of two hundred fifty or
more
passenger vehicles, so that a
sticker issued to the owner
may be
placed on any passenger
vehicle in that owner's fleet. The
director may establish and
charge an additional fee of not more
than one dollar per
registration to compensate for necessary costs
of the universal
validation sticker program. The additional fee shall be credited
to the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
(B) Identification license plates shall be
produced by Ohio
penal
industries.
Validation stickers and
county identification
stickers shall be produced by
Ohio penal
industries
unless the
registrar adopts
rules that permit the registrar or deputy
registrars to print or
otherwise produce
them in house.
Sec. 4503.26. (A) As used in this section, "registration
information" means information in license plate applications on
file with the bureau of motor vehicles.
(B) The director of public safety may advertise for and
accept
sealed bids for the preparation of lists containing
registration
information in such form as the director authorizes.
Where
the expenditure
is more than five hundred dollars, the
director shall give notice
to bidders as provided in section
5513.01 of the Revised Code as
for purchases by the department of
transportation. The notice
shall include the latest date, as
determined by the director, on
which bids will be accepted and the
date, also determined by the
director, on which bids will be
opened by the director at the
central office of the department of
public safety. The
contract to prepare the list shall be awarded
to the lowest
responsive and responsible bidder, in accordance
with section
9.312 of the Revised Code, provided there is
compliance with the
specifications. Such contract shall not extend
beyond
twenty-four consecutive registration periods as provided in
section 4503.101 of the Revised Code. The successful bidder
shall
furnish without charge a complete list to the bureau of
motor
vehicles, and shall also furnish without charge to the
county
sheriffs or chiefs of police in cities, at such times and
in such
manner as the director determines necessary, lists of
registration
information for the county in which they are
situated. The
registrar shall provide to the successful bidder
all necessary
information for the preparation of such lists.
The registrar may, upon application of any person and
payment
of the proper fee, may search the records of the bureau and
make
furnish reports thereof, and make photographic copies of the
bureau
those records and attestations thereof under the signature
of the registrar.
Fees therefor are as follows:
(A) For searches (C) A fee of five dollars shall be charged
and collected for each search of the records and written reports
thereof, two dollars for each name, number, or
fact searched or
reported on;
(B) For photographic copies of records and attestations
thereof, report of those records furnished under the signature and
seal of the registrar, two
dollars a copy. Such A copy of any such
report is prima-facie evidence of the facts
therein stated, in any
court.
The registrar shall receive these fees and deposit them two
dollars of each such fee into the
state treasury to the credit of
the
state bureau of motor vehicles
fund established in section
4501.25 of the Revised Code. Of the remaining three dollars of
each
such fee the registrar collects, the registrar shall
deposit
sixty cents into the state treasury to the credit
of the
trauma and emergency medical services fund established in
section 4513.263 of the Revised Code, sixty
cents into the state
treasury to the credit of the homeland
security fund established
under section 5502.03 of the Revised
Code, thirty cents into the
state treasury to the credit of
the investigations fund
established in section 5502.131 of the
Revised Code, one dollar
and twenty-five cents into the state
treasury to the credit of
the emergency management agency service
and reimbursement fund
established in section 5502.39 of the
Revised Code, and
twenty-five cents into the state treasury to the
credit of the
justice program services fund established in section
5502.67 of
the Revised Code.
Sec. 4503.40. The registrar of motor vehicles shall be
allowed a fee, not to exceed ten of twenty-five dollars, for each
application
received by the registrar for special state reserved
license
plate numbers
and the issuing of such licenses, and
validation stickers, in the
several series as the registrar may
designate. The fee shall
be in addition
to the license tax
established by this chapter and, where
applicable, Chapter 4504.
of the Revised Code. Seven dollars and
fifty cents of the fee
shall be for the purpose of compensating
the bureau of motor
vehicles for additional services required in
the issuing of such
licenses, and the remaining two seventeen dollars and
fifty cents
shall be deposited by the registrar into the state treasury to the
credit of the state highway safety fund created
by section 4501.06
of the Revised Code. The types of motor
vehicles for which special
state reserved license plates may be
issued in accordance with
this section shall include at least
motorcycles, buses, passenger
cars, and noncommercial motor
vehicles.
Sec. 4503.42. The registrar of motor vehicles shall be
allowed a fee of not to exceed thirty-five fifty dollars, which
shall
be in addition to the regular license fee for tags as
prescribed
under section 4503.04 of the Revised Code and any tax
levied
under section 4504.02 or 4504.06 of the Revised Code, for
each
application received by the registrar for special reserved
license plate numbers containing more than three letters or
numerals, and the
issuing of such licenses and validation stickers
in the several series as
the registrar may designate. Five dollars
of the fee shall
be for the purpose of compensating the bureau of
motor vehicles for additional
services required in the issuing of
such licenses and validation stickers, and
the remaining thirty
forty-five dollars shall be deposited by the registrar into the
state treasury to the credit of the state highway safety fund
created by
section 4501.06 of the Revised Code.
This section does not apply to the issuance of reserved
license plates as authorized by sections 4503.14, 4503.15, and
4503.40 of the Revised Code. The types of motor vehicles for
which
license plate numbers containing more than three letters or
numerals may be issued
in accordance with this section shall
include at least
buses, passenger cars, and noncommercial motor
vehicles.
Sec. 4503.65. The registrar of motor vehicles shall take all
steps necessary
to determine and collect, at the tax rates
established under section 4503.042
of the Revised Code, the
apportioned registration tax due for vehicles
registered in
another international registration plan jurisdiction that lists
Ohio for apportionment purposes on a uniform mileage schedule. The
registration taxes to be charged shall be determined on the basis
of the annual tax otherwise due on the motor vehicle, prorated in
accordance with the number of months for which the motor vehicle
is registered. Until October 1, 2009, such vehicles shall be taxed
at the rates established under section 4503.042 of the Revised
Code. The rates in this section become effective on and after
October 1, 2009.
(A) The rates of the taxes imposed by this section are as
follows for commercial cars having a gross vehicle weight or
combined gross vehicle weight of:
(1) Not more than two thousand pounds, forty-seven dollars;
(2) More than two thousand but not more than six thousand
pounds, seventy-two dollars;
(3) More than six thousand but not more than ten thousand
pounds, eighty-eight dollars;
(4) More than ten thousand but not more than fourteen
thousand pounds, one hundred eight dollars;
(5) More than fourteen thousand but not more than eighteen
thousand pounds, one hundred twenty-nine dollars;
(6) More than eighteen thousand but not more than twenty-two
thousand pounds, one hundred fifty-four dollars;
(7) More than twenty-two thousand but not more than
twenty-six thousand pounds, one hundred eighty dollars;
(8) More than twenty-six thousand but not more than thirty
thousand pounds, three hundred sixty-four dollars;
(9) More than thirty thousand but not more than thirty-four
thousand pounds, four hundred thirty-one dollars;
(10) More than thirty-four thousand but not more than
thirty-eight thousand pounds, four hundred ninety-two dollars;
(11) More than thirty-eight thousand but not more than
forty-two thousand pounds, five hundred fifty-four dollars;
(12) More than forty-two thousand but not more than forty-six
thousand pounds, six hundred fifteen dollars;
(13) More than forty-six thousand but not more than fifty
thousand pounds, six hundred seventy-seven dollars;
(14) More than fifty thousand but not more than fifty-four
thousand pounds, seven hundred forty-four dollars;
(15) More than fifty-four thousand but not more than
fifty-eight thousand pounds, eight hundred five dollars;
(16) More than fifty-eight thousand but not more than
sixty-two thousand pounds, eight hundred seventy-seven dollars;
(17) More than sixty-two thousand but not more than sixty-six
thousand pounds, nine hundred forty-nine dollars;
(18) More than sixty-six thousand but not more than seventy
thousand pounds, one thousand twenty dollars;
(19) More than seventy thousand but not more than
seventy-four thousand pounds, one thousand one hundred seven
dollars;
(20) More than seventy-four thousand but not more than
seventy-eight thousand pounds, one thousand two hundred thirty
dollars;
(21) More than seventy-eight thousand pounds, one thousand
three hundred seventy-three dollars and fifty cents.
(B) The rates of the taxes imposed by this section are as
follows for buses having a gross vehicle weight or combined gross
vehicle weight of:
(1) Not more than two thousand pounds, eleven dollars;
(2) More than two thousand but not more than six thousand
pounds, forty-one dollars;
(3) More than six thousand but not more than ten thousand
pounds, one hundred three dollars;
(4) More than ten thousand but not more than fourteen
thousand pounds, one hundred eighty-five dollars;
(5) More than fourteen thousand but not more than eighteen
thousand pounds, two hundred sixty-seven dollars;
(6) More than eighteen thousand but not more than twenty-two
thousand pounds, three hundred forty-nine dollars;
(7) More than twenty-two thousand but not more than
twenty-six thousand pounds, four hundred thirty-one dollars;
(8) More than twenty-six thousand but not more than thirty
thousand pounds, five hundred thirteen dollars;
(9) More than thirty thousand but not more than thirty-four
thousand pounds, five hundred ninety-four dollars and fifty cents;
(10) More than thirty-four thousand but not more than
thirty-eight thousand pounds, six hundred seventy-four dollars and
fifty cents;
(11) More than thirty-eight thousand but not more than
forty-two thousand pounds, seven hundred fifty-four dollars and
fifty cents;
(12) More than forty-two thousand but not more than forty-six
thousand pounds, eight hundred thirty-four dollars and fifty
cents;
(13) More than forty-six thousand but not more than fifty
thousand pounds, nine hundred fifty-four dollars and fifty cents;
(14) More than fifty thousand but not more than fifty-four
thousand pounds, one thousand fourteen dollars and fifty
cents;
(15) More than fifty-four thousand but not more than
fifty-eight thousand pounds, one thousand one hundred four dollars
and fifty cents;
(16) More than fifty-eight thousand but not more than
sixty-two thousand pounds, one thousand one hundred ninety-four
dollars and
fifty cents;
(17) More than sixty-two thousand but not more than sixty-six
thousand pounds, one thousand two hundred eighty-four dollars and
fifty cents;
(18) More than sixty-six thousand but not more than seventy
thousand pounds, one thousand three hundred seventy-four dollars
and
fifty cents;
(19) More than seventy thousand but not more than
seventy-four thousand pounds, one thousand four hundred sixty-four
dollars and fifty cents;
(20) More than seventy-four thousand but not more than
seventy-eight thousand pounds, one thousand five hundred
fifty-four
dollars and fifty cents;
(21) More than seventy-eight thousand pounds, one thousand
six hundred forty-four dollars and fifty cents.
Sec. 4505.032. (A)(1) If a person who is not an electronic
motor
vehicle dealer owns a motor vehicle for which a physical
certificate of title
has not been issued by a clerk of a court of
common pleas and the person sells the motor vehicle to a motor
vehicle dealer licensed under Chapter 4517. of the Revised Code,
the person is not required to
obtain a physical certificate of
title to the motor vehicle in
order to transfer ownership to the
dealer. The person shall
present the dealer, in a manner approved
by the registrar of motor
vehicles,
with sufficient proof of the
person's identity
and
complete and sign a form prescribed by the
registrar
attesting to
the person's identity and assigning the
motor vehicle to the
dealer. Except as otherwise provided in this
section, the motor vehicle dealer shall present the assignment
form to any clerk of a court of common pleas together with an
application for a certificate of title and payment of the fees
prescribed by section 4505.09 of the Revised Code.
In a case in which an electronic certificate of title has
been issued and either the buyer or seller of the motor vehicle
is
an electronic motor vehicle dealer, the electronic motor
vehicle
dealer
instead may inform a
clerk of a court of common
pleas via
electronic means of
the sale
of
the motor vehicle and
assignment
of ownership of the vehicle. The clerk shall enter
the information
relating to
the
assignment, including, but not
limited to, the
odometer
disclosure
statement
required by
section 4505.06 of the
Revised
Code, into
the automated title
processing system,
and
ownership
of the
vehicle passes to the
applicant when the clerk
enters this
information into the
system.
The dealer is not
required to
obtain
a physical certificate of
title to the vehicle
in the dealer's
name.
(2) A (a) Except as provided in division (A)(2)(b) of this
section, a clerk shall charge and collect from a dealer a fee of
five
fifteen dollars for
each motor vehicle assignment sent by the
dealer to the clerk under
division (A)(1) of this section.
(b) A clerk shall charge and collect from the dealer a fee of
five dollars for each motor vehicle assignment sent by the dealer
to the clerk for resale purposes.
(3) The fee fees shall
be distributed in
accordance with
section
4505.09 of the Revised Code.
(B) If a person who is not an electronic motor vehicle
dealer
owns a motor vehicle for which a physical certificate of
title has
not been issued by a clerk of a court of common pleas
and the
person sells the
motor vehicle to a person who is not a motor
vehicle dealer licensed under Chapter 4517. of the Revised Code,
the
person shall obtain a
physical certificate of title to the
motor
vehicle in order to
transfer ownership of the vehicle to
that person.
Sec. 4505.09. (A)(1) The clerk of
a court of common pleas
shall charge a fee of five and retain fees as follows:
(a) Five dollars for each certificate of title
that is not
applied for within thirty days after
the later of the
assignment
or
delivery of the motor vehicle described
in it.
The
fees entire
fee
shall be retained by the clerk.
In addition to those fees, the clerk shall charge a fee of
five
(b) Fifteen dollars for each certificate of title, or
duplicate
certificate
of title, including the issuance of a
memorandum certificate of title, or
authorization to
print
a
non-negotiable
evidence of ownership described in division (G)
of
section 4505.08 of
the Revised Code, non-negotiable evidence
of
ownership printed by the clerk under division (H) of that
section,
and
notation of any lien
on a certificate of title that is applied
for at the same time as the certificate of title.
The
clerk
shall
retain two eleven dollars
and
twenty-five fifty cents of the
that
fee
charged for
each certificate of
title, four dollars and
seventy-five cents of
the fee charged for
each duplicate
certificate of
title, all of the fees charged for
each
memorandum
certificate, authorization to print a
non-negotiable
evidence of
ownership, or non-negotiable evidence of ownership
printed by the
clerk,
and four dollars and
twenty-five cents of
the fee charged
for
each notation of a lien.
(c) Five dollars for each certificate of title with no
security interest noted that is issued to a licensed motor vehicle
dealer for resale purposes. The clerk shall retain two dollars and
twenty-five cents of that fee.
(d) Five dollars for each memorandum certificate of title or
non-negotiable evidence of ownership that is applied for
separately. The clerk shall retain that entire fee.
(2) The remaining two dollars and seventy-five cents charged
for
the certificate of title, the remaining twenty-five cents
charged
for the duplicate certificate of title, and the
remaining
seventy-five cents charged for the notation of any lien
on a
certificate of title fees that are not retained by the clerk shall
be paid to the registrar of motor
vehicles by monthly returns,
which shall be forwarded to the
registrar not later than the fifth
day of the month next
succeeding that in which the certificate is
issued or that in
which the registrar is notified of a lien or
cancellation
of a
lien.
(B)(1) The registrar shall pay twenty-five cents of the
amount received for each certificate of title and all of the
amounts received for each notation of any lien and each duplicate
certificate issued to a
motor vehicle dealer for resale and one
dollar for all other
certificates of title issued into the state
bureau of motor vehicles
fund
established in section 4501.25 of
the Revised Code.
(2) Fifty cents of the amount received for each
certificate
of title shall be paid by the registrar as follows:
(a) Four cents shall be paid into the state treasury to
the
credit of the motor vehicle dealers board fund, which is
hereby
created. All investment earnings of the fund shall be credited to
the
fund. The moneys in the motor vehicle dealers board fund
shall
be used by the
motor vehicle dealers board created under
section
4517.30 of the Revised Code,
together
with other moneys
appropriated to it, in the exercise of
its powers and
the
performance of its duties under Chapter 4517. of the Revised Code,
except
that the director of budget and management may transfer
excess money from the
motor vehicle dealers board fund to the
bureau of motor vehicles fund if the
registrar determines that
the
amount of money in the motor vehicle dealers
board fund,
together
with other moneys appropriated to the
board, exceeds
the
amount
required for the exercise of its powers and the
performance of its
duties under Chapter 4517. of the Revised Code
and requests the
director to
make the transfer.
(b) Twenty-one cents shall be paid into the highway operating
fund.
(c) Twenty-five cents shall be paid into the state
treasury
to the credit of the motor vehicle sales audit fund,
which is
hereby created. The moneys in the fund shall be used by
the tax
commissioner together with other funds available
to the
commissioner to conduct a continuing investigation of
sales and
use tax returns
filed for motor vehicles in order to determine if
sales and use
tax liability has been satisfied. The commissioner
shall refer
cases of apparent violations of section 2921.13 of
the
Revised
Code made in connection with the titling or sale of
a
motor
vehicle and cases of any other apparent violations of
the
sales
or use tax law to the appropriate county prosecutor
whenever
the
commissioner considers it advisable.
(3) Two dollars of the amount received by the registrar for
each certificate
of title shall be paid into the state treasury
to
the credit of the automated
title processing fund, which is
hereby
created and which shall consist of
moneys collected under
division
(B)(3) of this section and under
sections 1548.10 and
4519.59 of
the Revised Code. All
investment
earnings of the
fund shall be
credited to the fund. The moneys in the fund shall
be used as
follows:
(a) Except for moneys collected under section 1548.10 of the
Revised Code
and as provided in division (B)(3)(c) of this
section,
moneys collected under division (B)(3) of this
section
shall be used to
implement and maintain an automated title
processing system for
the issuance of motor vehicle, off-highway
motorcycle, and
all-purpose vehicle certificates of title in the
offices of the clerks of the courts of common pleas.
(b) Moneys collected under section 1548.10 of the Revised
Code shall be used
to issue marine certificates of title in the
offices of the clerks of the
courts of common pleas as provided
in
Chapter 1548. of the Revised
Code.
(c)
Moneys collected under division (B)(3) of this
section
shall be used in accordance with
section 4505.25 of the
Revised
Code to implement Sub. S.B. 59 of the 124th general
assembly.
(C)(1) The automated title processing board is hereby
created
consisting of the registrar or the registrar's
representative, a
person selected by the registrar, the president
of the Ohio
clerks
of court association or the president's
representative, and two
clerks
of courts of common pleas
appointed
by the governor. The
director of budget and
management
or the
director's
designee, the
chief of
the
division of
watercraft in
the department of natural
resources
or
the chief's
designee, and
the tax commissioner or
the
commissioner's designee
shall
be
nonvoting members of the board.
The purpose of the board
is to facilitate the operation and
maintenance of an automated
title processing system and approve
the procurement of automated
title processing system equipment.
Voting members of the board,
excluding the registrar or the
registrar's representative, shall
serve without compensation, but
shall be reimbursed for travel
and other necessary expenses
incurred in the conduct of their
official duties. The registrar or
the registrar's representative
shall receive neither compensation
nor reimbursement as a board
member.
(2) The automated title processing board shall determine
each
of the following:
(a) The automated title processing equipment and
certificates
of title requirements for each county;
(b) The payment of expenses that may be incurred by the
counties in implementing an automated title processing system;
(c) The repayment to the counties for existing title
processing equipment.
(3) The registrar shall purchase, lease, or otherwise
acquire
any automated title processing equipment and certificates
of title
that the board
determines are necessary from moneys in
the
automated title
processing fund established by division
(B)(3)
of
this section.
(D) All counties shall conform to the requirements of the
registrar regarding the operation of their automated title
processing system for motor vehicle titles, certificates of title
for off-highway motorcycles and all-purpose vehicles, and
certificates of title for
watercraft and outboard motors.
Sec. 4505.14. (A) The registrar of motor vehicles, or the
clerk of the court of common pleas, upon the application of any
person and payment of the proper fees fee, may prepare and furnish
lists containing title information in such form and subject to
such territorial division or other classification as they may
direct. The registrar or the clerk
may search the records of the
bureau of motor vehicles and the
clerk and make furnish reports
thereof, and make copies of their title
information and
attestations thereof those records under the signature of the
registrar or the clerk.
(B)(1) Fees therefor for lists containing title information
shall be charged and collected as follows:
(A)(a) For lists containing three thousand titles or more,
twenty-five dollars per thousand or part thereof.;
(B)(b) For searches each report of a search of the records
and written
reports
thereof, two dollars for each name, number,
or fact
searched or
reported on.
(C) For copies of records and attestations thereof, two
dollars per copy except that on and after
October 1, 2009, the
fee shall be five dollars per copy. The
registrar and the clerk
may certify copies of records
generated by
an
automated title
processing system.
Such copies (2) A copy of any such report shall be taken as
prima-facie evidence of the
facts therein stated, in any court of
the state. The registrar
and the clerk shall furnish
information
on any title without charge to the state highway patrol,
sheriffs,
chiefs of police, or the attorney general. The
clerk also may
provide a copy of a certificate of title to a public agency
without charge.
(C)(1) Those fees collected by the registrar as provided in
division (B)(1)(a) of this
section shall be paid to the treasurer
of state to the credit of
the state bureau of motor vehicles fund
established in section 4501.25 of
the Revised Code. Those fees
collected by the clerk as provided in division (B)(1)(a) of this
section
shall be paid to the
certificate of title administration
fund created by
section 325.33 of the
Revised Code.
(2) Prior to October 1, 2009, the registrar shall pay those
fees the registrar collects under division (B)(1)(b) of this
section into the state treasury to the credit of the state bureau
of motor vehicles fund established in section 4501.25 of the
Revised Code. Prior to October 1, 2009, the clerk shall pay those
fees the clerk collects under division (B)(1)(b) of this section
to the certificate of title administration fund created by section
325.33 of the Revised Code.
(3) On and after October 1, 2009, the registrar shall pay two
dollars of each fee the registrar collects under division
(B)(1)(b) of this section into the state treasury to the credit of
the state bureau of motor vehicles fund established in section
4501.25 of the Revised Code. Of the remaining three dollars of
each
such fee the registrar collects, the registrar shall
deposit
sixty cents into the state treasury to the credit
of the
trauma and emergency medical services fund established in
section 4513.263 of the Revised Code, sixty
cents into the state
treasury to the credit of the homeland
security fund established
under section 5502.03 of the Revised
Code, thirty cents into the
state treasury to the credit of
the investigations fund
established in section 5502.131 of the
Revised Code, one dollar
and twenty-five cents into the state
treasury to the credit of
the emergency management agency service
and reimbursement fund
established in section 5502.39 of the
Revised Code, and
twenty-five cents into the state treasury to the
credit of the
justice program services fund established in section
5502.67 of
the Revised Code.
(4) On and after October 1, 2009, the clerk of the court of
common pleas shall retain two dollars of each fee the clerk
collects under division (B)(1)(b) of this section and deposit that
two dollars into the certificate of title administration fund
created by section 325.33 of the Revised Code. The clerk shall
forward the remaining three dollars to the registrar not later
than
the fifth day of the month next succeeding that in which
the
transaction occurred. Of that remaining three dollars, the
registrar
shall deposit sixty cents into the state
treasury to
the credit of the trauma and emergency medical
services fund
established in section 4513.263 of the Revised Code,
sixty cents
into the state treasury to the
credit of the homeland security
fund established under section
5502.03 of the Revised Code,
thirty cents into the state
treasury to the credit of the
investigations fund established in
section 5502.131 of the
Revised Code, one dollar and twenty-five
cents into the state
treasury to the credit of the emergency
management agency
service and reimbursement fund established in
section 5502.39 of
the Revised Code, and twenty-five cents into the
state treasury
to the credit of the justice program services fund
established
in section 5502.67 of the Revised Code.
Sec. 4506.07. (A) Every application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit, or a duplicate
of such a license, shall be made upon a form approved and
furnished by the registrar of motor vehicles. Except as provided
in section 4506.24 of the Revised Code in regard to a restricted
commercial driver's license, the application shall be signed by
the applicant and shall contain the following information:
(1) The applicant's name, date of birth, social security
account
number, sex, general description including height, weight,
and
color of hair and eyes, current residence, duration of
residence
in this state, country of citizenship, and occupation;
(2) Whether the applicant previously has been licensed to
operate a commercial motor vehicle or any other type of motor
vehicle in another state or a foreign jurisdiction and, if so,
when, by what state, and whether the license or driving
privileges
currently are suspended or revoked in any
jurisdiction, or the
applicant otherwise has been disqualified
from operating a
commercial motor vehicle, or is subject to an
out-of-service order
issued under this chapter or any similar law
of another state or a
foreign jurisdiction and, if so, the date
of, locations involved,
and reason for the suspension,
revocation, disqualification, or
out-of-service order;
(3) Whether the applicant is afflicted with or suffering
from
any physical or mental disability or disease that prevents
the
applicant from exercising reasonable and ordinary
control over a
motor
vehicle while operating it upon a highway or is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and, if so, the nature
and extent of the disability, disease, or condition, and the
names
and addresses of the physicians attending the
applicant;
(4) Whether the applicant has obtained a medical
examiner's
certificate as required by this chapter;
(5) Whether the applicant has pending a citation for
violation of any motor vehicle law or ordinance except a parking
violation and, if so, a description of the citation, the court
having jurisdiction of the offense, and the date when the offense
occurred;
(6) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.05 of the Revised
Code,
which shall be given no consideration in the issuance of a
license;
(7) On and after May 1, 1993, whether the applicant has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has
executed a declaration governing the use or continuation, or
the
withholding or withdrawal, of life-sustaining treatment
pursuant
to sections 2133.01 to 2133.15
of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant wishes the license issued to indicate that
the applicant
has executed the instrument;
(8) On and after the date that is fifteen months after the
effective date of this amendment October 7, 2009, whether the
applicant is an
honorably discharged a veteran, active duty, or
reservist
of the armed forces
of the United
States and, if the
applicant is
such an honorably
discharged
veteran, whether the
applicant wishes
the license
issued to
indicate that the
applicant is an honorably
discharged a
veteran, active duty, or
reservist of
the armed forces of the United States by a military
designation on the license.
(B) Every applicant shall certify, on a form approved and
furnished by the registrar, all of the following:
(1) That the motor vehicle in which the applicant intends
to
take the driving skills test is representative of the type of
motor vehicle that the applicant expects to operate as a driver;
(2) That the applicant is not subject to any
disqualification
or out-of-service order, or license suspension,
revocation, or
cancellation, under the laws of this state, of
another state, or
of a foreign jurisdiction and does not have
more than one driver's
license issued by this or another state or
a foreign jurisdiction;
(3) Any additional information, certification, or evidence
that the registrar requires by rule in order to ensure that the
issuance of a commercial driver's license to the applicant is in
compliance with the law of this state and with federal law.
(C) Every applicant shall execute a form, approved and
furnished by the registrar, under which the applicant consents to
the release by the registrar of information from the applicant's
driving record.
(D) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall register as an elector
any applicant
for a commercial driver's license or for a renewal
or duplicate
of such a license under this chapter, if the
applicant is
eligible and wishes to be registered as an elector.
The decision of an
applicant whether to register as an elector
shall be given no consideration in
the decision of whether to
issue the applicant a license or
a renewal or duplicate.
(E) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall offer the opportunity
of completing
a notice of change of residence or change of name to
any applicant for a
commercial
driver's license or for a renewal
or duplicate of such a license
who is a resident of this state, if
the applicant is a registered
elector who has changed the
applicant's residence or name
and has not filed such a notice.
(F) In considering any application submitted pursuant to this
section, the bureau of motor vehicles may conduct any inquiries
necessary to ensure that issuance or renewal of a commercial
driver's license would not violate any provision of the Revised
Code or federal law.
(G) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment October 7, 2009, the
form approved and furnished
by
the registrar
of motor vehicles for
an application for a
commercial driver's
license, restricted
commercial driver's
license, or a commercial
driver's temporary
instruction permit
or an application for a
duplicate of such a
license shall inform
applicants that the
applicant must present a
copy of the
applicant's DD-214 or an
equivalent document in order
to qualify
to have the license or
duplicate indicate that the
applicant is
an honorably discharged a
veteran, active duty, or reservist of
the armed forces
of the
United States based on a
request made
pursuant to division
(A)(8) of this section.
Sec. 4506.08. (A)(1) Each application for a commercial
driver's license temporary instruction permit shall be
accompanied
by a fee of ten dollars. Each application for a commercial
driver's license,
restricted commercial driver's license,
renewal
of such a
license, or waiver for farm-related service industries
shall be accompanied by a fee of twenty-five
dollars, except that
an application for a commercial driver's license or restricted
commercial driver's license received pursuant to division (A)(3)
of section 4506.14 of the Revised Code shall be accompanied by a
fee of eighteen dollars and seventy-five cents if the license will
expire on the licensee's birthday three years after the date of
issuance, a fee of twelve dollars and fifty cents if the license
will expire on the licensee's birthday two years after the date of
issuance, and a fee of six dollars and twenty-five cents if the
license will expire on the licensee's birthday one year after the
date of issuance. Each application for a duplicate commercial
driver's
license shall
be accompanied by a fee of ten dollars.
(2) In addition, the
registrar of motor vehicles or deputy
registrar may collect and
retain
an additional fee of no more than
two dollars and
seventy-five cents
commencing on July 1, 2001,
three
dollars and
twenty-five cents commencing on January 1, 2003,
and
three dollars
and fifty cents commencing on January 1, 2004,
for
each
application for a commercial driver's license temporary
instruction permit,
commercial driver's license, renewal of a
commercial driver's license, or
duplicate commercial
driver's
license received by the registrar or deputy.
(B) Each deputy registrar shall transmit the fees collected
under division (A)(1) of this section to
the registrar at the time
and in the manner
prescribed by the
registrar by rule. The
registrar shall pay the
fees into the
state highway safety fund
established in section
4501.06 of the
Revised Code.
(C) In addition to the fees imposed under division (A) of
this section, the registrar of motor vehicles or deputy registrar
shall collect a fee of twelve dollars commencing on October 1,
2003, for each application for a commercial driver's license
temporary instruction permit, commercial driver's license, or
duplicate commercial driver's license and for each application for
renewal of a commercial driver's license with an expiration date
on or after that date received by the registrar or deputy
registrar. The additional fee is for the purpose of defraying the
department of public safety's costs associated with the
administration and enforcement of the motor vehicle and traffic
laws of Ohio. Each
(C) Commencing on October 1, 2009, if an application for a
commercial driver's license made by a person who previously held
such a license is not applied for within the period specified in
section 4506.14 of the Revised Code or within seven days after the
period so specified, the registrar or deputy
registrar shall
collect a fee of twenty dollars for the issuance of
the
commercial driver's license, but may waive the fee for good
cause shown if the application is accompanied by supporting
evidence as the registrar may require. The fee is in addition to
all
other fees established by this section. A deputy registrar
shall
retain fifty cents of the fee and shall transmit the
remaining
amount in accordance with division (D) of this section.
(D) Each deputy registrar shall transmit the fees collected
under division divisions (A)(1), (B), and (C) of this section in
the time and manner prescribed by the registrar. The registrar
shall deposit all moneys received under division (C) (D) of this
section into the state highway safety fund established in section
4501.06 of the Revised Code.
(D)(E) Information regarding the driving record of any person
holding a commercial driver's license issued by this state shall
be furnished by the registrar, upon request and payment of a fee
of two five dollars, to the employer or prospective employer of
such
a
person and to any insurer.
Of each five-dollar fee the registrar collects under this
division, the registrar shall pay two dollars into the state
treasury to the credit of the state bureau of motor vehicles fund
established in section 4501.25 of the Revised Code,
sixty cents
into the state treasury to the credit of the
trauma and
emergency medical services fund established in section
4513.263
of the Revised Code, sixty cents
into the state treasury to the
credit of the homeland security
fund established in section
5502.03 of the Revised Code,
thirty cents into the state
treasury to the credit of the
investigations fund established in
section 5502.131 of the Revised
Code, one dollar and twenty-five
cents into the state treasury to
the credit of the emergency
management agency service and
reimbursement fund established in
section 5502.39 of the Revised
Code, and twenty-five cents into
the state treasury to the credit of the
justice program services
fund established in section 5502.67 of
the Revised Code.
Sec. 4506.11. (A) Every commercial driver's license shall
be
marked "commercial driver's license" or "CDL" and shall be of
such
material and so designed as to prevent its reproduction or
alteration without ready detection, and, to this end, shall be
laminated with a transparent plastic material. The commercial
driver's
license for licensees under twenty-one years of age shall
have characteristics
prescribed by the registrar of motor vehicles
distinguishing it from that
issued to a licensee who is twenty-one
years of age or older. Every
commercial
driver's license shall
display all of the following
information:
(1) The name and residence address of the licensee;
(2) A color photograph of the licensee showing the licensee's
uncovered face;
(3) A physical description of the licensee, including sex,
height, weight, and color of eyes and hair;
(4) The licensee's date of birth;
(5) The licensee's social security number
if the person has
requested that the number be displayed in accordance with section
4501.31 of the Revised Code or if federal law requires the social
security number to be displayed and any number
or other identifier
the director of public safety considers
appropriate and
establishes by rules adopted under Chapter 119.
of the Revised
Code and in compliance with federal law;
(6) The licensee's signature;
(7) The classes of commercial motor vehicles the licensee
is
authorized to drive and any endorsements or restrictions
relating
to the licensee's driving of those vehicles;
(8) The name of this state;
(9) The dates of issuance and of expiration of the
license;
(10) If the licensee has certified willingness to make an
anatomical gift under section 2108.05 of the Revised Code,
any
symbol chosen by the registrar of motor vehicles to indicate
that
the licensee has certified that willingness;
(11) If the licensee has
executed a durable power of
attorney
for health care or a
declaration governing the use or
continuation, or the withholding
or withdrawal, of life-sustaining
treatment and has specified
that the licensee wishes the license
to
indicate that the licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee
has executed either type of instrument;
(12) On and after the date that is fifteen months after the
effective date of this amendment October 7, 2009, if the licensee
has specified
that the licensee wishes
the license to indicate
that the
licensee is an honorably
discharged a veteran, active
duty, or reservist of the
armed forces
of the United States and
has presented a copy of
the licensee's
DD-214 form or an
equivalent document, any symbol
chosen by the
registrar to
indicate that the licensee is an
honorably
discharged a veteran,
active duty, or reservist of
the armed forces of the United
States;
(13) Any other information the registrar considers
advisable
and requires by rule.
(B) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section.
(C) Neither the registrar nor any deputy registrar shall
issue a commercial driver's license to anyone under twenty-one
years of age
that does not have the characteristics prescribed by
the registrar
distinguishing it from the commercial driver's
license issued to persons who
are twenty-one years of age or
older.
(D)
Whoever violates division (C) of this section is
guilty
of a minor misdemeanor.
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles
and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if
such has been assigned, sex, general description,
including
height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as
an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such
license
is suspended or
canceled at the present time
and, if so,
the date
of and reason for the suspension or
cancellation;
(c) Whether the applicant is now or ever has been
afflicted
with epilepsy, or whether the applicant now is
suffering from any
physical or mental disability or disease and,
if so, the nature
and extent of the disability or disease, giving
the names and
addresses of physicians then or previously in
attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license,
or
duplicate license containing a motorcycle operator endorsement
has
pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the
date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.05 of the Revised
Code,
which shall be given no consideration in the issuance of a
license
or endorsement;
(f)
Whether the applicant
has
executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to
1337.17 of the Revised Code or
has
executed a declaration
governing the use or continuation, or
the
withholding or
withdrawal, of life-sustaining treatment
pursuant
to sections
2133.01 to 2133.15
of the Revised Code and, if the
applicant has
executed either type of instrument, whether the
applicant
wishes
the applicant's license to indicate that the
applicant has
executed the
instrument;
(g) On and after the date that is fifteen months after the
effective date of this amendment October 7, 2009, whether the
applicant is an
honorably discharged a veteran, active duty, or
reservist
of the armed forces
of the United
States and, if the
applicant is
such an honorably
discharged
veteran, whether the
applicant wishes
the applicant's
license to
indicate that the
applicant is an
honorably
discharged a veteran, active duty, or
reservist of
the armed forces of the United
States by a military
designation on the license.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(B) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for a driver's license or
motorcycle
operator's license or endorsement under division (A)
of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as
an elector shall be given no consideration in the
decision of whether to issue
the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall offer the
opportunity
of completing a notice of change of residence or change of name to
any
applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
(D) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment October 7, 2009, the
approved form furnished by
the
registrar of
motor vehicles for an
application for a
driver's
license or
motorcycle operator's
license or
endorsement or an
application
for a duplicate of any
such
license or endorsement
shall inform
applicants that the
applicant must present a copy
of the
applicant's DD-214 or an
equivalent document in order to
qualify
to have the license or
duplicate indicate that the
applicant is
an honorably discharged
a
veteran, active duty, or reservist of the armed forces
of the
United
States based on a
request made pursuant to
division
(A)(1)(g) of
this section.
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person
licensed as a commercial motor vehicle driver under
Chapter 4506.
of the Revised Code need procure a driver's
license, but no person
shall drive any commercial motor vehicle
unless licensed as a
commercial motor vehicle driver.
Every driver's license shall display on it the distinguishing
number assigned to the licensee and shall display the licensee's
name
and date of birth;
the licensee's residence address and
county of
residence; a color photograph of the licensee; a brief
description
of the
licensee for the purpose
of identification; a
facsimile of
the signature of the licensee
as it appears on the
application for
the license; a notation, in a
manner
prescribed by
the registrar, indicating
any condition
described in
division
(D)(3) of section 4507.08 of the
Revised
Code
to which
the
licensee is subject; if the licensee has
executed a durable
power
of attorney for health care or a
declaration governing the
use or
continuation, or the withholding
or withdrawal, of
life-sustaining
treatment and has specified that
the licensee
wishes the license
to indicate that the
licensee has
executed
either type of
instrument, any symbol chosen by the
registrar to
indicate that
the licensee has executed either type
of instrument;
on and after
the date that is fifteen months after the effective date of this
amendment October 7, 2009, if the
licensee has specified that the
licensee wishes
the license to
indicate that the licensee is an
honorably
discharged a veteran, active duty, or reservist of
the
armed forces of the United
States and
has presented a copy of
the licensee's DD-214 form or
an
equivalent document, any symbol
chosen by the registrar to
indicate that the licensee is an
honorably discharged a veteran, active duty, or reservist of
the
armed forces of the United
States; and any
additional
information that the registrar
requires
by
rule.
No license
shall
display the
licensee's social
security
number unless the licensee
specifically requests
that the
licensee's social security number
be displayed on the license.
If
federal law requires the
licensee's social security number to
be
displayed
on the license,
the social security number shall be
displayed on the license
notwithstanding
this section.
The driver's license for licensees under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a licensee who is twenty-one
years of age or older, except that a
driver's license issued to a
person who applies no more than thirty days
before the applicant's
twenty-first birthday shall have the characteristics of
a license
issued to a person who is twenty-one years of age
or older.
The driver's license issued to a temporary resident shall
contain the word
"nonrenewable" and shall have any additional
characteristics prescribed by the
registrar distinguishing it from
a license issued to a resident.
Every driver's or commercial driver's license displaying
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall display the designation
"novice," if the endorsement or license is issued to a person who
is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.
Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.
(B) Except in regard to a driver's license issued to a
person
who applies no
more than thirty days before the applicant's
twenty-first birthday, neither
the registrar nor any deputy
registrar shall
issue a driver's license to anyone under
twenty-one years of age that does not
have the characteristics
prescribed by the registrar distinguishing it from
the driver's
license issued to persons who are twenty-one years of age or
older.
(C)
Whoever violates division (B) of this section is
guilty
of a minor misdemeanor.
Sec. 4507.23. (A) Except as provided in division (I)(J)
of
this section, each application for a temporary
instruction permit
and examination shall be accompanied by a fee
of five dollars.
(B) Except as provided in division
(I)(J) of this section,
each
application for a driver's license made
by a person who
previously
held such a license and whose license has
expired not
more than
two years prior to the date of application,
and who is
required
under this chapter to give an actual
demonstration of the
person's
ability to drive, shall be
accompanied by a
fee of three
dollars
in addition to any other fees.
(C)(1) Except as provided in divisions (E) and (I)(J) of this
section, each application for a driver's license, or motorcycle
operator's
endorsement, or renewal of a driver's license shall be
accompanied by a fee of six dollars. Except
(2) Except as provided in
division (I) of this section, each
application for a
duplicate
driver's license shall be accompanied
by a fee of two
seven dollars and
fifty cents. The duplicate
driver's licenses issued
under this
section shall be distributed
by the deputy registrar
in accordance
with rules adopted by the
registrar of motor
vehicles.
(D) Except as provided in division (I)(J) of this
section,
each
application for a motorized bicycle license or
duplicate
thereof
shall be accompanied by a fee of two dollars and
fifty
cents.
(E) Except as provided in division (I)(J) of this
section,
each
application for a driver's license or renewal of
a driver's
license that will be issued to a person who is less
than
twenty-one years of age shall be accompanied by whichever of
the
following fees is applicable:
(1) If the person is sixteen years of age or older, but
less
than seventeen years of age, a fee of seven dollars and
twenty-five cents;
(2) If the person is seventeen years of age or older, but
less than eighteen years of age, a fee of six dollars;
(3) If the person is eighteen years of age or older, but
less
than nineteen years of age, a fee of four dollars and
seventy-five
cents;
(4) If the person is nineteen years of age or older, but
less
than twenty years of age, a fee of three dollars and fifty
cents;
(5) If the person is twenty years of age or older, but
less
than twenty-one years of age, a fee of two dollars and
twenty-five
cents.
(F) Neither the registrar nor any deputy registrar shall
charge a fee in excess of one dollar and fifty cents for
laminating a driver's license, motorized bicycle license, or
temporary instruction permit identification cards as
required by
sections 4507.13 and
4511.521 of the Revised Code. A
deputy
registrar laminating a
driver's license, motorized
bicycle
license, or temporary
instruction permit identification cards
shall retain the entire amount of the fee
charged
for lamination,
less the actual cost to the registrar of
the
laminating materials
used for that lamination, as specified in
the contract executed by
the bureau for the laminating materials
and laminating equipment.
The deputy registrar shall forward the
amount of the cost of the
laminating materials to the registrar
for deposit as provided in
this section.
(G) Except as provided in division (I)(J) of this section and
except for the renewal of a driver's license, commencing on
October 1, 2003, each transaction described in divisions (A), (B),
(C), (D), and (E) of this section shall be accompanied by an
additional fee of twelve dollars. A transaction involving the
renewal of a driver's license with an expiration date on or after
that date shall be accompanied by an additional fee of twelve
dollars. The additional fee is for the purpose of defraying the
department of public safety's costs associated with the
administration and enforcement of the motor vehicle and traffic
laws of Ohio.
(H) Except as provided in division (J) of this section,
commencing
on October 1, 2009, if an application for a driver's
license or
motorcycle operator's endorsement made by a person who
previously
held such a license is not applied for within the
period specified
in section 4507.09 of the Revised Code or within
seven days after the period so specified, the
registrar or
deputy
registrar shall collect a fee of twenty dollars
for the
issuance of
the driver's license or motorcycle
endorsement, but
may waive the fee for good cause shown if the
application is
accompanied by supporting evidence as the registrar
may require.
The fee shall be
in addition to all other fees
established by
this section. A
deputy registrar collecting this
twenty dollar
fee shall retain fifty
cents and send the remaining
fee to the
registrar as specified in
division (I) of this
section.
(I) At the time and in the manner provided by section
4503.10
of the Revised Code, the deputy registrar shall transmit
the fees
collected under divisions (A), (B), (C), (D), and (E),
those
portions of the fees specified in and collected under
division
(F), and the additional fee under division divisions (G) and (H)
of this section to the registrar. The registrar
shall pay two
dollars and fifty cents of each fee collected under
divisions
(A),
(B), (C)(1) and (2), (D), and (E)(1) to (4) of this
section,
and
the entire
fee collected under division (E)(5)
of this
section,
into the
state highway safety fund
established in section
4501.06 of the
Revised Code, and such fees shall be
used for the
sole purpose of
supporting driver licensing activities. The
registrar also shall
pay five dollars of each fee collected
under division (C)(2) of this section and the entire fee collected
under division divisions (G) and (H)
of this section into the
state highway safety fund created in
section 4501.06 of the
Revised Code. The
remaining fees collected
by the registrar
under this section shall
be paid
into the state
bureau of motor
vehicles fund established
in section 4501.25 of
the Revised Code.
(I)(J) A disabled veteran who has a
service-connected
disability rated at one hundred per cent by
the veterans'
administration may apply to the registrar or a
deputy registrar
for the issuance to that veteran, without the
payment of any fee
prescribed in this section, of any of the
following items:
(1) A temporary instruction permit and examination;
(2) A new, renewal, or duplicate driver's or
commercial
driver's license;
(3) A motorcycle operator's endorsement;
(4) A motorized bicycle license or duplicate thereof;
(5) The fee established in division (H) of this section;
(6) Lamination of a driver's license, motorized bicycle
license, or temporary instruction permit identification card as
provided in division (F) of this section, if the
circumstances
specified in division (I)(5)(J)(6) of this section are
met.
If the driver's license, motorized bicycle license, or
temporary instruction permit identification card of a
disabled
veteran described in division (I) of this
section is
laminated
by
a deputy registrar who is acting as a deputy
registrar
pursuant
to
a contract with the registrar that is in
effect on
October 14,
1997,
the
disabled veteran
shall be required to pay the
deputy
registrar
the lamination fee
provided in division
(F) of this
section. If
the driver's license, motorized bicycle license, or
temporary instruction permit
identification card of such a
disabled veteran is laminated by a
deputy registrar who is acting
as a deputy registrar pursuant to a
contract
with the registrar
that is executed after
October 14, 1997,
the disabled veteran is
not required to pay the
deputy registrar the
lamination fee
provided in division (F) of
this
section.
A disabled veteran whose driver's license, motorized
bicycle
license, or temporary instruction permit identification
card is
laminated by the registrar or deputy registrar is not required to
pay the
registrar
any lamination
fee.
An application made under division (I)(J) of this section
shall
be
accompanied by such documentary evidence of disability as
the
registrar may require by rule.
Sec. 4507.24. (A) Except as provided in division (B)(C)
of
this section, each the registrar of motor vehicles or a deputy
registrar may collect a fee
not to
exceed the following:
(1)Three dollars and
seventy-five cents
commencing on
July
1,
2001, four dollars and twenty-five cents
commencing on
January
1,
2003, and four Four dollars and fifty cents
commencing on
January
1,
2004, and six dollars and twenty-five cents commencing on
October
1, 2009, for each
application for renewal of
a
driver's
license
received by the
deputy registrar, when the
applicant is
required
to submit to a screening
of the applicant's
vision under
section
4507.12 of the Revised
Code;
(2)
Two dollars and
seventy-five cents
commencing
on July 1,
2001, three dollars and twenty-five cents
commencing on
January 1,
2003, and three Three dollars and fifty cents
commencing on
January 1,
2004, for each application
for a driver's
license, or
motorized
bicycle license, or for
renewal of such a
license,
received by the
deputy registrar,
when the applicant is
not
required to submit to
a screening of the applicant's
vision
under
section
4507.12 of the
Revised Code.
(B) The fees prescribed by division (A) of this section
shall
be in addition to the fee for a temporary instruction
permit
and
examination, a driver's license, a motorized bicycle
license,
or
duplicates thereof, and. The fees retained by a deputy registrar
shall compensate the deputy
registrar
for the deputy registrar's
services, for office
and rental
expense, and
for costs as provided
in division (C) (D) of this
section, as are
necessary for the
proper discharge of the deputy
registrar's
duties under sections
4507.01 to 4507.39 of the
Revised Code.
(C) A disabled veteran who has a service-connected
disability
rated at one hundred per cent by the veterans'
administration is
required to pay the applicable fee
prescribed in division (A) of
this section if the disabled veteran submits an
application for a
driver's license or motorized
bicycle license or a renewal of
either of these licenses
to a deputy registrar
who is acting as a
deputy registrar pursuant to a contract with the registrar
that is
in effect on the effective date of this amendment. The disabled
veteran also is required to submit with the disabled veteran's
application such documentary evidence of disability as the
registrar may
require by rule.
A disabled veteran who submits an application described in
this division
is not required to pay either of the fees prescribed
in division
(A) of this section if the disabled veteran
submits
the application to a deputy registrar who is acting as a deputy
registrar pursuant to a contract with the registrar that is
executed after the
effective date of this amendment. The disabled
veteran still is required to
submit with the disabled veteran's
application such documentary evidence of
disability as the
registrar may require by rule.
A disabled veteran who submits an application described in
this division
directly to the registrar is not required to pay
either of the fees prescribed
in division (A) of this section if
the
disabled veteran submits with the disabled veteran's
application such
documentary evidence of disability as the
registrar may require by
rule.
(C)(D)(1) Each deputy registrar shall transmit to the
registrar
of
motor vehicles, at such time and in such manner as
the
registrar
shall require by rule, an amount of each fee
collected
under
division (A)(1) of this section as shall be
determined by
the
registrar. The registrar shall pay all such
moneys so received
into the
state bureau of motor vehicles fund
created in section
4501.25 of the Revised Code.
(2) Commencing on October 1, 2009, each deputy registrar
shall transmit one dollar of each fee collected under division
(A)(1) of this section to the registrar at the time and in the
manner provided by section 4503.10 of the Revised Code. The
registrar shall deposit all moneys received under division (D)(2)
of this section into the state highway safety fund established in
section 4501.06 of the Revised Code.
Sec. 4507.51. (A)(1) Every application for an
identification
card or duplicate shall be made on a form
furnished
by the
registrar of motor vehicles, shall be signed by
the
applicant, and
by the applicant's parent or guardian if
the
applicant is
under
eighteen years of age, and shall contain the
following
information
pertaining to the applicant: name, date of
birth,
sex, general
description including the applicant's height,
weight, hair color,
and eye color, address,
and social security
number. The
application also shall state whether an applicant
wishes to
certify willingness to
make an anatomical gift under
section
2108.05 of the Revised Code
and shall include information
about
the requirements of sections 2108.01 to 2108.29 of the
Revised
Code that apply to persons who are
less than eighteen
years of
age. The statement regarding
willingness to make such a
donation
shall be given no
consideration in the decision of
whether to
issue an
identification card. Each applicant shall be
photographed
in
color
at the time of making application.
(2)(a) The application also shall
state whether the applicant
has executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to 1337.17
of the Revised Code or has
executed a declaration governing the
use or continuation, or the
withholding or withdrawal, of
life-sustaining treatment pursuant
to sections 2133.01
to 2133.15 of the Revised Code and, if the
applicant has executed
either type of
instrument, whether the
applicant wishes the
identification card issued to indicate that
the applicant has
executed the instrument.
(b) On and after the date that is fifteen months after the
effective date of this amendment October 7, 2009, the application
also shall state
whether the applicant is
an honorably
discharged a veteran, active duty, or reservist of the
armed
forces of the United
States and, if the applicant is such
an
honorably discharged
veteran, whether the applicant wishes the
identification card
issued to indicate that the applicant is an
honorably discharged a
veteran, active duty, or reservist of the
armed forces of the United
States by a military designation on
the identification card.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for an identification card or
duplicate if
the applicant is eligible and wishes to be
registered as an
elector. The decision of an applicant whether
to register as an
elector shall be given no consideration in the
decision of whether
to issue the applicant an identification
card or duplicate.
(B) The application for an identification card or
duplicate
shall be filed in the office of the registrar or
deputy registrar.
Each applicant shall present documentary evidence as
required by
the registrar of the applicant's age and
identity,
and the
applicant shall swear that all
information
given is true. An
identification card issued by the department of rehabilitation and
correction under section 5120.59 of the Revised Code shall be
sufficient documentary evidence under this division. Upon issuing
an identification card under this section for a person who has
been issued an identification card under section 5120.59 of the
Revised Code, the registrar or deputy registrar shall destroy the
identification card issued under section 5120.59 of the Revised
Code.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
(C) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment, the
form furnished by the registrar of motor
vehicles for an
application for an identification card or
duplicate shall inform
applicants that the applicant must present
a copy of the
applicant's DD-214 or an equivalent document in
order to qualify
to have the card or duplicate indicate that the
applicant is an
honorably discharged veteran of the armed forces
of the United
States based on a request made pursuant to division
(A)(2)(b) of
this section.
Sec. 4507.52.
(A) Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall
display a
distinguishing number assigned to the cardholder, and shall
display the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the
identity of the bearer described on the card, who currently
is
not
licensed to operate a motor vehicle in the state of Ohio."
The identification card shall display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code,
but shall
not display the cardholder's social security number
unless the
cardholder
specifically requests that the cardholder's
social
security number
be
displayed on the card. If federal
law
requires
the
cardholder's social
security number to be
displayed
on the
identification card, the social
security number
shall be
displayed
on the card notwithstanding
this section. The
identification
card
also
shall
display the color photograph of the
cardholder.
If
the
cardholder
has executed a
durable power of
attorney for
health
care or a
declaration
governing the use or
continuation, or
the
withholding
or
withdrawal, of life-sustaining
treatment and
has
specified that
the cardholder wishes the
identification
card
to
indicate that the
cardholder has
executed
either type of
instrument, the card also
shall
display
any symbol
chosen by the
registrar to indicate that
the
cardholder has
executed either type
of instrument. On and after the date that is fifteen months after
the effectve date of this amendment October 7, 2009, if the
cardholder has
specified that the cardholder
wishes the
identification card to
indicate that the cardholder is
an
honorably discharged a veteran, active duty, or reservist
of the
armed forces of the United
States and has presented a copy
of
the cardholder's DD-214 form
or
an equivalent document, the
card also shall display any
symbol
chosen by the registrar to
indicate that the cardholder
is an
honorably discharged a
veteran, active duty, or reservist
of the armed forces of the
United
States. The card
shall be
sealed in
transparent plastic
or
similar
material and
shall be so
designed
as to prevent its
reproduction
or alteration
without
ready
detection.
The identification card for persons under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a person who is twenty-one
years of age or older, except that an
identification card issued
to a person who applies no more than thirty days
before the
applicant's twenty-first birthday shall have the characteristics
of
an identification card issued to a person who is twenty-one
years of age or
older.
Every identification card issued to a resident of this state
shall
expire, unless canceled or
surrendered earlier, on the
birthday of the cardholder in the
fourth year after the date on
which it is issued. Every identification
card issued to a
temporary resident shall expire in accordance with rules
adopted
by the registrar and is nonrenewable, but may be replaced with a
new
identification card upon the applicant's compliance with all
applicable
requirements. A cardholder
may renew the cardholder's
identification card within
ninety days prior to the day on which
it expires by filing an
application and paying the prescribed fee
in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's
license in this state or another licensing jurisdiction,
the
cardholder shall surrender the
cardholder's identification card to
the registrar or
any deputy registrar before the license is
issued.
(B) If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(1) Furnishing suitable proof of the loss, destruction,
or
mutilation to the registrar or a deputy registrar;
(2) Filing an application and presenting documentary
evidence
under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate,
finds the original, immediately shall surrender
the original to
the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing
suitable proof
of the change to the registrar or a deputy
registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of
two dollars
and fifty cents. A deputy registrar shall be allowed
an
additional fee of
two dollars
and seventy-five cents
commencing
on July 1, 2001,
three dollars and twenty-five cents
commencing on
January 1, 2003,
and three dollars and fifty cents
commencing on
January 1, 2004,
for
issuing a duplicate or
replacement
identification card.
A
disabled veteran who is a
cardholder and
has a
service-connected
disability rated at one
hundred per cent
by
the veterans'
administration may apply to
the
registrar or a
deputy registrar
for the issuance of a
duplicate or
replacement
identification card
without payment of
any fee
prescribed in this
section, and without
payment of any
lamination
fee if the disabled
veteran would not be
required to
pay a
lamination fee in
connection with the issuance
of an
identification card or
temporary identification card as
provided
in division (B) of
section
4507.50 of the Revised
Code.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that
the
card was obtained unlawfully, issued in error, or was
altered.
The
registrar also shall cancel any card that
is surrendered to
the
registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial
driver's
license.
(D)(1) No agent of the state or its political subdivisions
shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated
or franchised transit system from using an
identification
card for
the purpose of granting benefits or
services of the
system.
(2) No person shall be required to apply for, carry, or
possess
an identification card.
(E) Except in regard to an identification card issued to
a
person who applies no more than thirty days before the
applicant's
twenty-first birthday, neither the registrar nor any
deputy
registrar
shall issue an identification card to a person
under
twenty-one years of age
that does not have the
characteristics
prescribed by the registrar
distinguishing it from
the
identification card issued to persons who are
twenty-one years
of
age or older.
(F)
Whoever violates division (E) of this section is
guilty
of a minor misdemeanor.
Sec. 4509.05. (A) Upon request, the registrar of motor
vehicles shall search and
furnish a certified abstract of the
following information with respect to any
person:
(1) An enumeration of the motor vehicle accidents in which
such person has
been involved except accidents certified as
described in division (D) of
section 3937.41 of the Revised Code;
(2) Such person's record of convictions for violation of the
motor vehicle
laws.
(B) The registrar shall collect for each abstract a fee of
two five dollars.
(C) The registrar may permit deputy registrars to perform a
search and furnish a certified abstract under this section. A
deputy registrar performing this function shall comply with
section 4501.27 of the Revised Code concerning the disclosure of
personal information, shall collect and transmit to the registrar
the two dollar five-dollar fee established under division (B) of
this section, and may collect and retain a service fee of three
dollars and twenty-five cents commencing on the effective date of
this amendment. If the deputy registrar fees are increased on
January 1, 2004, in accordance with section 4503.034 of the
Revised Code, the deputy registrar may collect and retain a
service fee of three dollars and fifty cents, commencing on that
date.
Of each five-dollar fee the registrar collects under this
division, the registrar shall pay two dollars into the state
treasury to the credit of the state bureau of motor vehicles fund
established in section 4501.25 of the Revised Code,
sixty cents
into the state treasury to the credit of the
trauma and
emergency medical services fund established in section
4513.263
of the Revised Code, sixty cents into
the state treasury to the
credit of the homeland security fund
established in section
5502.03 of the Revised Code, thirty
cents into the state
treasury to the credit of the investigations
fund established in
section 5502.131 of the Revised Code,
one dollar
and twenty-five
cents into the state treasury to the
credit of the emergency
management agency service and
reimbursement fund established in
section 5502.39 of the Revised
Code, and twenty-five cents into
the state treasury to the credit of the
justice program services
fund established in section 5502.67 of
the Revised Code.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except
that "vehicle" does
not include any motorized
wheelchair,
any electric personal
assistive mobility
device, any
device that is moved
by
power
collected from overhead
electric
trolley wires or
that is
used
exclusively upon stationary rails
or tracks,
or any device,
other
than
a
bicycle, that is moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn
by
power other than muscular power or power collected from
overhead
electric trolley wires, except motorized bicycles, road
rollers,
traction engines, power shovels, power cranes, and other
equipment
used in construction work and not designed for or
employed in
general highway transportation, hole-digging
machinery,
well-drilling machinery, ditch-digging machinery, farm
machinery,
and trailers
designed and
used exclusively to
transport a boat
between a place
of storage
and a marina, or in
and around a
marina, when drawn or
towed on a
street or highway
for a distance
of no more than ten
miles and at
a speed of
twenty-five miles per
hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed
to travel on not more than three wheels in contact with
the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies
under
contract to a municipal corporation, township, or county,
and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers
or
other persons sworn to enforce the criminal and traffic laws
of
the state;
(3) Any motor vehicle when properly identified as required
by
the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or
directives
of that service. The state fire marshal shall be
designated by
the
director of public safety as the certifying
agency for all
public
safety vehicles described in division
(E)(3) of this
section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding
to
emergency
calls in the fire department service when identified as
required
by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital.
(5) Vehicles used by the motor carrier
enforcement unit for
the enforcement of orders and rules of the
public
utilities
commission as specified in section 5503.34 of the
Revised Code.
(F) "School bus" means every bus designed for carrying
more
than nine passengers that is owned by a public,
private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a
common
passenger carrier certified by the public utilities
commission
unless such bus is devoted exclusively to the
transportation of
children to and from a school session or a
school function, and
"school bus" does not include a van or bus
used by a licensed
child day-care center or type A family
day-care home to transport
children from the child day-care
center or type A family day-care
home to a school if the van or
bus does not have more than fifteen
children in the van or bus at
any time.
(G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having
either
two tandem wheels, or one wheel in the front and two
wheels in the
rear, or two wheels in the front and one wheel in the rear, any of
which is more than fourteen inches in
diameter.
(H) "Motorized bicycle" means any vehicle having either
two
tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of no greater
than
twenty miles per hour on a level surface.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads
independently
of such other vehicles, and used principally for
agricultural
purposes.
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab
or motor vehicle used in a ridesharing arrangement,
designed and
used for the transportation of persons for
compensation.
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of
sustaining themselves as beams between the supporting
connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private
right-of-way.
(Q) "Railroad train" means a steam engine or an electric
or
other motor, with or without cars coupled thereto, operated by
a
railroad.
(R) "Streetcar" means a car, other than a railroad train,
for
transporting persons or property, operated upon rails
principally
within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion
that contains any oxidizing and combustible units or
other
ingredients in such proportions, quantities, or packing
that an
ignition by fire, by friction, by concussion, by
percussion, or by
a detonator of any part of the compound or
mixture may cause such
a sudden generation of highly heated gases
that the resultant
gaseous pressures are capable of producing
destructive effects on
contiguous objects, or of destroying life
or limb. Manufactured
articles shall not be held to be
explosives when the individual
units contain explosives in such
limited quantities, of such
nature, or in such packing, that it
is impossible to procure a
simultaneous or a destructive
explosion of such units, to the
injury of life, limb, or property
by fire, by friction, by
concussion, by percussion, or by a
detonator, such as fixed
ammunition for small arms, firecrackers,
or safety fuse matches.
(U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees fahrenheit, or less, as
determined by a
tagliabue or equivalent closed cup test device.
(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm,
co-partnership, association, or corporation.
(X) "Pedestrian" means any natural person afoot.
(Y) "Driver or operator" means every person who drives or
is
in actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z) "Police officer" means every officer authorized to
direct
or regulate traffic, or to make arrests for violations of
traffic
regulations.
(AA) "Local authorities" means every county, municipal,
and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between
the
boundary lines of every way open to the use of the public as
a
thoroughfare for purposes of vehicular travel.
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place
in
private ownership used for vehicular travel by the owner and
those
having express or implied permission from the owner but not
by
other persons.
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the
berm
or shoulder. If a highway includes two or more separate
roadways
the term "roadway" means any such roadway separately but
not all
such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which
is
divided into two or more clearly marked lanes for vehicular
traffic.
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the
jurisdiction
of the department of transportation, outside the
limits of
municipal corporations, provided that the authority
conferred upon
the director of transportation in section 5511.01
of the Revised
Code to erect state highway route markers and
signs directing
traffic shall not be modified by sections 4511.01
to 4511.79 and
4511.99 of the Revised Code.
(JJ) "State route" means every highway that is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or
connection
of the lateral curb lines, or, if none, then the
lateral boundary
lines of the roadways of two highways which join
one another at,
or approximately at, right angles, or the area
within which
vehicles traveling upon different highways joining
at any other
angle may come in conflict.
(2) Where a highway includes two roadways thirty feet or
more
apart, then every crossing of each roadway of such divided
highway
by an intersecting highway shall be regarded as a
separate
intersection. If an intersecting highway also includes
two
roadways thirty feet or more apart, then every crossing of
two
roadways of such highways shall be regarded as a separate
intersection.
(3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection.
(1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of
the
traversable roadway;
(2) Any portion of a roadway at an intersection or
elsewhere,
distinctly indicated for pedestrian crossing by lines
or other
markings on the surface;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times.
(NN) "Business district" means the territory fronting upon
a
street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character
of
such territory is indicated by official traffic control
devices.
(OO) "Residence district" means the territory, not
comprising
a business district, fronting on a street or highway,
including
the street or highway, where, for a distance of three
hundred feet
or more, the frontage is improved with residences or
residences
and buildings in use for business.
(PP) "Urban district" means the territory contiguous to
and
including any street or highway which is built up with
structures
devoted to business, industry, or dwelling houses
situated at
intervals of less than one hundred feet for a
distance of a
quarter of a mile or more, and the character of
such territory is
indicated by official traffic control devices.
(QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of
a
public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways.
(RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which
traffic
is alternately directed to stop, to proceed, to change
direction,
or not to change direction.
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded
animals,
vehicles, streetcars, trackless trolleys, and other
devices,
either singly or together, while using any highway for
purposes of
travel.
(UU) "Right-of-way" means either of the following, as the
context requires:
(1) The right of a vehicle, streetcar, trackless trolley,
or
pedestrian to proceed uninterruptedly in a lawful manner in
the
direction in which it or the individual is moving in
preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path;
(2) A general term denoting land, property, or the
interest
therein, usually in the configuration of a strip,
acquired for or
devoted to transportation purposes. When used in
this context,
right-of-way includes the roadway, shoulders or
berm, ditch, and
slopes extending to the right-of-way limits
under the control of
the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle
used
to deliver United States mail on a rural mail delivery
route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts
and not intended for the purpose of through vehicular
traffic, and
includes any street or highway that has been
declared an "alley"
by the legislative authority of the municipal
corporation in which
such street or highway is located.
(YY) "Freeway" means a divided multi-lane highway for
through
traffic with all crossroads separated in grade and with
full
control of access.
(ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.
(AAA) "Thruway" means a through highway whose entire
roadway
is reserved for through traffic and on which roadway
parking is
prohibited.
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(DDD) "Ridesharing arrangement" means the transportation
of
persons in a motor vehicle where such transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(EEE) "Motorized wheelchair" means any self-propelled
vehicle
designed for, and used by, a handicapped person and that
is
incapable of a speed in excess of eight miles per hour.
(FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code.
(GGG) "Multi-wheel agricultural tractor" means
a type of
agricultural tractor that has two or more wheels or tires on each
side of
one axle
at the rear of the tractor, is
designed or used
for drawing other vehicles or wheeled machinery,
has no provision
for carrying loads independently of
the drawn vehicles or
machinery, and is used principally for agricultural
purposes.
(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.
(III) "Predicate motor vehicle or traffic offense" means any
of
the following:
(1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29,
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36,
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43,
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452,
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511,
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59,
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70,
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73,
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code;
(2) A violation of division (A)(2) of section 4511.17,
divisions
(A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code;
(3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for
which no penalty otherwise is
provided in the
section that contains the provision violated;
(4) A violation of a municipal ordinance that is
substantially
similar to any section or provision set forth or
described in division
(III)(1), (2), or (3) of this section.
(JJJ) "Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles
equipped with visual signals by means of flashing, rotating, or
oscillating lights.
Sec. 4511.093. (A)(1) No law enforcement officer who stops
the operator of a motor vehicle in the course of an authorized
sobriety or other motor vehicle checkpoint operation or a motor
vehicle safety inspection shall issue a ticket, citation, or
summons for a secondary traffic offense unless in the course of
the checkpoint operation or safety inspection the officer first
determines that an offense other than a secondary traffic offense
has occurred and either places the operator or a vehicle occupant
under arrest or issues a ticket, citation, or summons to the
operator or a vehicle occupant for an offense other than a
secondary offense.
(2) A law enforcement agency that operates a motor vehicle
checkpoint for an express purpose related to a secondary traffic
offense shall not issue a ticket, citation, or summons for any
secondary traffic offense at such a checkpoint, but may use such a
checkpoint operation to conduct a public awareness campaign and
distribute information.
(B) As used in this section, "secondary traffic offense"
means a violation of division (A) or (F)(2) of section 4507.05,
division (B)(1)(a) or (b) or (E) of section 4507.071, division
(C) or (D)
of section 4511.81, division (A)(3) of section
4513.03, or division (B) of section
4513.263 of
the
Revised
Code.
Sec. 4511.108. The director of transportation shall adopt
rules under Chapter 119. of the Revised Code to establish
a
traffic generator sign program and shall set forth in the
traffic engineering manual the specifications for a uniform system
of traffic generator signs and the criteria for participation in
the program. The department of transportation shall operate,
construct, and maintain the program. The director shall establish,
and, subject to approval by the controlling board, may revise at
any time, an annual fee to be charged for a
qualifying private
business to participate in the traffic
generator sign program.
Money paid by the qualifying private
business shall be remitted
to the department and shall be
deposited into the highway
operating fund.
Sec. 4511.181. As used in sections 4511.181 to
4511.199
4511.198 of
the Revised Code:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section
4511.19 of
the Revised Code;
(2) A violation of a municipal OVI ordinance;
(3) A violation of section 2903.04 of the Revised Code in a
case
in which the offender was subject to the sanctions described
in division
(D) of that section;
(4) A violation of division (A)(1) of section 2903.06 or
2903.08
of the Revised Code or a municipal ordinance that is
substantially equivalent to either of
those divisions;
(5) A violation of division (A)(2), (3), or (4) of section
2903.06, division (A)(2) of section 2903.08, or former section
2903.07
of the Revised Code, or a municipal ordinance that is
substantially equivalent to any of
those divisions or that former
section, in a case in which a judge or jury as
the trier of fact
found that the offender was under the influence of alcohol, a drug
of
abuse, or a combination of them;
(6) A violation of division (A) or (B) of section 1547.11 of
the Revised Code;
(7) A violation of a municipal ordinance prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state while under the influence of alcohol,
a drug of abuse, or a combination of them or prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state with a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma, breath, or
urine;
(8) A violation of an existing or former municipal
ordinance,
law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of section
4511.19
or division (A) or (B) of section 1547.11 of the
Revised Code;
(9) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section
4511.19
or division (A) or (B) of section 1547.11
of the Revised Code.
(B)
"Mandatory jail term" means the mandatory term in jail
of
three, six, ten, twenty, thirty, or sixty days that must be
imposed under
division
(G)(1)(a), (b), or
(c) of section
4511.19
of the Revised Code upon an offender convicted of a
violation of
division (A) of that section and in relation to which
all of the
following apply:
(1) Except as specifically authorized under section 4511.19
of the Revised Code, the term
must be served in a jail.
(2) Except as specifically authorized under section 4511.19
of
the Revised Code, the term cannot be suspended, reduced, or
otherwise modified pursuant to
sections
2929.21 to 2929.28 or any
other
provision of the Revised Code.
(C)
"Municipal OVI ordinance" and "municipal
OVI offense"
mean any
municipal ordinance prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating a
vehicle with a prohibited concentration
of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or
urine.
(D)
"Community residential sanction," "continuous alcohol
monitoring," "jail," "mandatory
prison
term," "mandatory term of
local incarceration," "sanction,"
and "prison term"
have the same
meanings as in
section 2929.01 of
the Revised Code.
(E) "Drug of abuse" has the same meaning as in section
4506.01 of the Revised Code.
(F) "Equivalent offense that is vehicle-related" means an
equivalent offense that is any of the following:
(1) A violation described in division (A)(1), (2), (3), (4),
or (5) of this section;
(2) A violation of an existing or former municipal ordinance,
law of another state, or law of the United States that is
substantially equivalent to division (A) or (B) of section 4511.19
of the Revised Code;
(3) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section 4511.19
of the Revised Code.
Sec. 4511.191. (A)(1) As used in this section:
(a) "Physical control" has the same
meaning as in section
4511.194 of the Revised Code.
(b) "Alcohol monitoring device" means any device that
provides for continuous alcohol monitoring, any ignition interlock
device, any immobilizing or disabling device other than an
ignition interlock device that is constantly available to monitor
the concentration of alcohol in a person's system, or any other
device that provides for the automatic testing and periodic
reporting of alcohol consumption by a person and that a court
orders a person to use as a sanction imposed as a result of the
person's conviction of or plea of guilty to an offense.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum
or
plasma, breath, or urine
to
determine the alcohol,
drug of
abuse,
controlled substance, metabolite of a controlled
substance, or
combination
content of the
person's
whole blood,
blood serum
or
plasma,
breath, or urine
if
arrested
for
a
violation of
division
(A) or
(B) of
section 4511.19 of the
Revised
Code,
section
4511.194 of
the
Revised Code or a
substantially equivalent
municipal ordinance, or a municipal OVI
ordinance.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered.
(4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this
section, and the test or
tests may be
administered, subject
to
sections 313.12 to 313.16 of
the Revised
Code.
(5)(a) If a law enforcement officer arrests a person for a
violation of division (A) or (B) of section 4511.19 of the Revised
Code, section 4511.194 of the Revised Code or a substantially
equivalent municipal ordinance, or a municipal OVI ordinance and
if the person if convicted would be required to be sentenced under
division (G)(1)(c), (d),
or (e) of section
4511.19 of the
Revised
Code, the law
enforcement officer shall request the
person to
submit, and the
person shall submit, to a chemical
test or tests
of the person's
whole blood, blood serum or
plasma, breath, or
urine for the
purpose of determining the
alcohol, drug of abuse,
controlled
substance, metabolite of a
controlled substance, or
combination
content of the person's
whole blood, blood serum or
plasma,
breath, or urine. A law
enforcement officer who makes a
request
pursuant to this
division that a person submit to a
chemical test
or tests is not
required to advise the person of the consequences of submitting
to, or refusing to submit to, the test or tests and is not
required to give the person the form described in division (B) of
section 4511.192 of the Revised Code, but the officer shall
advise the person at the time of
the arrest that if the person
refuses to take a chemical test the
officer may employ whatever
reasonable means are necessary to
ensure that the person submits
to a chemical test of the person's
whole blood or blood serum or
plasma. The officer shall also
advise the person at the time of
the arrest that the person may
have an independent chemical test
taken at the person's own
expense. Divisions (A)(3) and (4) of
this section apply to the
administration of a chemical test or
tests pursuant to this
division.
(b) If a person refuses to submit to a chemical test upon a
request made pursuant to division (A)(5)(a) of this section, the
law enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code,
section 4511.194 of
the Revised Code or a substantially equivalent municipal
ordinance, or a municipal OVI ordinance
that was completed and
sent to the registrar and a court pursuant
to
section
4511.192 of
the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as
determined under
this
section. The suspension shall be
subject to
appeal as
provided in
section
4511.197 of the Revised
Code. The
suspension
shall be for whichever of the
following
periods
applies:
(a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test or had been convicted of or pleaded guilty to one violation
of division (A) or (B) of section 4511.19 of the Revised Code or
one other equivalent offense, the
suspension
shall be
a class B
suspension imposed for
the period of time
specified in division
(B)(2) of section 4510.02
of the Revised
Code.
(c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
had been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses, or had refused one previous request to
consent to a chemical test and also had been convicted of or
pleaded guilty to one violation of division (A) or (B) of section
4511.19 of the Revised Code or other equivalent offenses, which
violation or offense arose from an incident other than the
incident that led to the refusal, the
suspension
shall be
a class
A suspension imposed for
the period of time
specified in division
(B)(1) of section 4510.02
of the Revised
Code.
(d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, had been convicted of or pleaded guilty to three or
more violations of division (A) or (B) of section 4511.19 of the
Revised Code or other equivalent offenses, or had refused a number
of previous requests to consent to a chemical test and also had
been convicted of or pleaded guilty to a number of violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses that cumulatively total three or more
such refusals, convictions, and guilty pleas, the
suspension
shall
be
for five
years.
(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the
person has been
convicted after entering a plea of no contest to,
operating a vehicle in violation
of section 4511.19
of
the Revised
Code or in violation of a municipal
OVI ordinance,
if the offense
for which the conviction is had or
the
plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised
Code in regard to a
person
whose test
results indicate that the
person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, the registrar
shall
enter into the registrar's
records the
fact that the
person's
driver's or
commercial
driver's
license or
permit or
nonresident
operating privilege was
suspended
by the
arresting
officer under
this
division
and section
4511.192 of the
Revised Code and the
period of the
suspension, as
determined
under
divisions (C)(1)(a) to
(d) of this
section. The
suspension
shall
be subject to appeal as
provided in
section
4511.197 of the
Revised Code. The
suspension
described in
this division does not
apply to, and shall
not be
imposed upon, a
person arrested for a
violation of section
4511.194
of the Revised
Code or a
substantially equivalent municipal ordinance who submits to a
designated chemical
test.
The
suspension
shall
be for whichever of
the following
periods
applies:
(a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code.
(b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense.
(c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the
person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal
ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division.
(E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 to 4511.197
of the
Revised
Code that a nonresident's privilege to
operate a
vehicle
within
this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section:
(1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code.
(2) Subject to the limitation contained in division
(F)(3)
of
this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
seventy-five dollars,
which fee
shall be deposited in
the state
treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to
the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of
this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. In addition, a county, juvenile, or municipal court
judge may use moneys in the county indigent drivers alcohol
treatment fund, county juvenile indigent drivers alcohol treatment
fund, or municipal indigent drivers alcohol treatment fund to pay
for the cost of the continued use of an alcohol monitoring device
as described in divisions (H)(3) and (4)
of this section. Moneys
in the fund
that are not
distributed to a
county indigent drivers
alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(h) Fifty dollars shall be credited to the indigent drivers
interlock and alcohol monitoring fund, which is hereby established
in the state treasury. Monies in the fund shall be distributed by
the department of public safety to the county indigent drivers
interlock and alcohol monitoring funds, the county juvenile
indigent drivers interlock and alcohol monitoring funds, and the
municipal indigent drivers interlock and alcohol monitoring funds
that are required to be established by counties and municipal
corporations pursuant to this section, and shall be used only to
pay the cost of an immobilizing or disabling device, including a
certified ignition interlock device, or an alcohol monitoring
device used by an offender or juvenile offender who is ordered to
use the device by a county, juvenile, or municipal court judge and
who is determined by the county, juvenile, or municipal court
judge not to have the means to pay for the person's use of the
device.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section
4510.07 of the Revised
Code for a violation of a municipal
OVI
ordinance or
under any
combination of the
suspensions
described in
division
(F)(3) of
this section, and if the
suspensions arise from
a single incident
or a single set of facts
and
circumstances, the
person is liable
for payment of, and shall
be required to
pay to
the bureau, only
one reinstatement fee of
four hundred
twenty-five
seventy-five
dollars.
The
reinstatement fee shall be
distributed
by the bureau
in
accordance
with division
(F)(2) of
this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to
a law enforcement agency under
this
section shall be used by
the
agency to pay for not more than
fifty
per cent of the amount
of
the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, all portions of
additional costs imposed under section 2949.094 of the Revised
Code that are specified for deposit into a county, county
juvenile, or municipal indigent drivers alcohol treatment fund by
that section, and all portions of
fines
that are specified for
deposit into a county or municipal
indigent
drivers alcohol
treatment fund by section 4511.193 of
the Revised
Code shall be
deposited into that county indigent
drivers alcohol
treatment
fund, county juvenile indigent drivers
alcohol treatment
fund, or
municipal indigent drivers alcohol
treatment fund. The portions of
the fees paid under division (F) of this section that are to be so
deposited shall be determined in
accordance
with division
(H)(2)
of this
section. Additionally,
all
portions
of fines that are
paid for a
violation of section
4511.19
of the
Revised Code or
of any prohibition contained in
Chapter
4510. of
the Revised
Code,
and that are
required under
section
4511.19 or
any
provision
of Chapter 4510. of the Revised
Code to
be
deposited
into a
county indigent drivers alcohol
treatment fund
or
municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division of
the section or provision.
(2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) Regarding a suspension imposed under this
section, that
portion of the fee shall be deposited
as follows:
(i) If the fee is paid by a person who was
charged in a
county court with the violation that resulted in the
suspension
or in the imposition of the court costs,
the portion
shall be
deposited into the county indigent drivers
alcohol
treatment fund
under the control of that court;
(ii) If the fee is paid by a person who was
charged in a
juvenile court with the violation that resulted in
the
suspension
or in the imposition of the court costs,
the
portion shall be
deposited into the county
juvenile indigent
drivers alcohol
treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was
charged in a
municipal court with the violation that resulted in
the
suspension or in the imposition of the court costs, the
portion
shall be deposited into the municipal
indigent drivers
alcohol
treatment fund under the control of that
court.
(b) Regarding a suspension imposed under
section
4511.19 of
the Revised Code
or under
section 4510.07 of the
Revised Code for
a violation of a municipal
OVI ordinance, that
portion
of the fee
shall be deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of an
assessment or the cost of the
attendance at an alcohol and drug
addiction treatment program of
a
person who is convicted of, or
found to be a juvenile traffic
offender by reason of, a violation
of division (A) of section
4511.19 of the Revised Code or a
substantially similar municipal
ordinance, who is ordered by the
court to attend the alcohol and
drug addiction treatment program,
and who is determined by the
court to be unable to pay the cost of
the assessment or the cost of attendance at the
treatment
program
or for payment of the costs specified in division
(H)(4)
of this
section in accordance with that division. The
alcohol and
drug
addiction services board or the board of alcohol,
drug
addiction,
and
mental health services established pursuant to
section 340.02
or
340.021 of
the Revised Code and serving the
alcohol, drug
addiction, and mental
health service district in
which the court
is located shall
administer the indigent drivers
alcohol
treatment
program of the
court. When a court orders an
offender
or juvenile
traffic
offender to obtain an assessment or attend
an alcohol and
drug addiction treatment
program, the board shall
determine which
program is suitable to
meet the needs of the
offender or juvenile
traffic offender, and
when a suitable
program is located and space
is available at the
program, the
offender or juvenile traffic
offender shall attend
the program
designated by the board. A
reasonable amount not to
exceed five
per cent of the amounts
credited to and deposited
into the county
indigent drivers alcohol
treatment fund, the
county juvenile
indigent drivers alcohol
treatment fund, or the
municipal
indigent drivers alcohol
treatment fund serving every
court whose
program is administered
by that board shall be paid
to the board
to cover the costs it
incurs in administering those
indigent
drivers alcohol treatment
programs.
In addition, upon exhaustion of moneys in the indigent
drivers interlock and alcohol monitoring fund for the use of an
alcohol monitoring device, a county, juvenile, or municipal court
judge may
use moneys in the county indigent drivers alcohol
treatment fund,
county juvenile indigent drivers alcohol
treatment fund, or
municipal indigent drivers alcohol treatment
fund in the following
manners:
(a) If the source of the moneys was an appropriation of the
general assembly, a portion of a fee that was paid under division
(F) of this section, a portion of a fine that was specified for
deposit into the fund by section 4511.193 of the Revised Code, or
a portion of a fine that was paid for a violation of section
4511.19 of the Revised Code or of a provision contained in Chapter
4510. of the Revised Code that was required to be deposited into
the fund, to pay for the
continued use of an alcohol monitoring
device by an offender or juvenile traffic
offender, in
conjunction
with a treatment program approved by the
department
of alcohol and
drug addiction services, when such use
is
determined clinically
necessary by the treatment program and
when the court determines
that the offender or juvenile traffic
offender is unable to pay
all or part of the daily monitoring or
cost of
the device;
(b) If the source of the moneys was a portion of an
additional court cost imposed under section 2949.094 of the
Revised Code, to pay for the continued use of an
alcohol
monitoring device by an offender or juvenile traffic
offender
when the court determines that the offender or juvenile
traffic
offender is unable to pay all or part of the daily
monitoring or
cost of the device. The moneys may be used for a
device as
described in this division if the use of the device is
in
conjunction with a treatment program approved by the department
of alcohol and drug addiction services, when the use of the device
is determined clinically necessary by the treatment program, but
the use of a device is not required to be in conjunction with a
treatment program approved by the department in order for the
moneys to be used for the device as described in this division.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for:
(a) Alcohol and drug abuse
assessment and treatment of
persons who are charged in
the court
with committing a criminal
offense or with being a delinquent
child
or juvenile traffic
offender and in relation to whom both of
the following
apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
(b) All or part of the cost of purchasing alcohol monitoring
devices to be used in conjunction
with division (H)(3) of this
section, upon exhaustion of moneys in
the indigent drivers
interlock and alcohol monitoring fund for the
use of an alcohol
monitoring device.
(5) For the purpose of determining as described in division
(F)(2)(c) of this section whether an offender does not have the
means to pay for the offender's attendance at an alcohol and drug
addiction treatment program or whether an alleged offender or
delinquent child is unable to pay the costs specified in division
(H)(4) of this section, the court shall use the indigent client
eligibility guidelines and the standards of indigency established
by the state public defender to make the determination.
(6) The court shall identify and refer any alcohol and drug
addiction program that is not certified under section 3793.06 of
the Revised Code and that is interested in receiving amounts from
the surplus in the fund declared under division (H)(4) of this
section to the department of alcohol and drug addiction services
in order for the program to become a certified alcohol and drug
addiction program. The department shall keep a record of
applicant
referrals received pursuant to this division and shall
submit a
report on the referrals each year to the general
assembly. If a
program interested in becoming certified makes an
application to
become certified pursuant to section 3793.06 of
the Revised Code,
the program is eligible to receive surplus
funds as long as the
application is pending with the department.
The department of
alcohol and drug addiction services must offer
technical
assistance to the applicant. If the interested program
withdraws
the certification application, the department must
notify the
court, and the court shall not provide the interested
program with
any further surplus funds.
(I)(1) Each county shall establish an indigent drivers
interlock and alcohol monitoring fund and a juvenile indigent
drivers interlock and alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish an
indigent drivers interlock and alcohol monitoring fund. All
revenue that the general assembly appropriates to the indigent
drivers interlock and alcohol monitoring fund for transfer to a
county indigent drivers interlock and alcohol monitoring fund, a
county juvenile indigent drivers interlock and alcohol monitoring
fund, or a municipal indigent drivers interlock and alcohol
monitoring fund, all portions of license reinstatement fees that
are paid under division (F)(2) of this section and that are
credited under that division to the indigent drivers interlock and
alcohol monitoring fund in the state treasury, and all portions of
fines that are paid under division (G) of section 4511.19 of the
Revised Code and that are credited by division (G)(5)(e) of that
section to the indigent drivers interlock and alcohol monitoring
fund in the state treasury shall be deposited in the appropriate
fund in accordance with division (I)(2) of this section.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that portion of the
fine paid under division (G) of section 4511.19 of the Revised
Code and that is credited under either division to the indigent
drivers interlock and alcohol monitoring fund shall be deposited
into a county indigent drivers interlock and alcohol monitoring
fund, a county juvenile indigent drivers interlock and alcohol
monitoring fund, or a municipal indigent drivers interlock and
alcohol monitoring fund as follows:
(a) If the fee or fine is paid by a person who was charged in
a county court with the violation that resulted in the suspension
or fine, the portion shall be deposited into the county indigent
drivers interlock and alcohol monitoring fund under the control of
that court.
(b) If the fee or fine is paid by a person who was charged in
a juvenile court with the violation that resulted in the
suspension or fine, the portion shall be deposited into the county
juvenile indigent drivers interlock and alcohol monitoring fund
established in the county served by the court.
(c) If the fee or fine is paid by a person who was charged in
a municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers interlock and alcohol monitoring fund under the
control of that court.
Sec. 4511.21. (A) No person shall operate a motor
vehicle,
trackless trolley, or streetcar at a speed greater or
less than is
reasonable or proper, having due regard to the
traffic, surface,
and width of the street or highway and any
other conditions, and
no person shall drive any motor vehicle,
trackless trolley, or
streetcar in and upon any street or highway
at a greater speed
than will permit the person to bring it
to a stop within the
assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower
limit
declared or established pursuant to this section by the director
of
transportation or local authorities, for the operator of a
motor
vehicle, trackless trolley, or streetcar to operate the same
at a
speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(9) and (10) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in
which
the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone. "School" also
includes a special elementary school that in writing requests the
county engineer of the county in which the special elementary
school is located to create a school zone at the location of that
school. Upon receipt of such a written request, the county
engineer shall create a school zone at that location by erecting
the appropriate signs.
(c) As used in this section, "school zone" means that
portion
of a street or highway passing a school fronting upon the
street
or highway that is encompassed by projecting the school
property
lines to the fronting street or highway, and also
includes that
portion of a state highway. Upon request from
local
authorities
for streets and highways under their
jurisdiction and
that portion
of a state highway under the
jurisdiction of the
director of
transportation or a request from a county engineer in the case of
a school zone for a special elementary school, the director may
extend the
traditional school zone boundaries. The distances in
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed
three hundred feet per approach per direction and are
bounded by
whichever of the following distances or combinations
thereof the
director approves as most appropriate:
(i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of
the
pavement for a principal school pupil crosswalk plus a
distance of
three hundred feet on each approach direction of the
highway.
Nothing in this section shall be construed to invalidate
the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries
are
extended as provided in divisions (B)(1)(a) and (c) of this
section.
(d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code.
The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of mental retardation
and developmental disabilities created pursuant to Chapter 5126.
of the Revised Code, and upon submission by the municipal
corporation, township, or county board of such engineering,
traffic, and other information as the director considers
necessary, designate a school zone on any portion of a state
route
lying within the municipal corporation, lying within the
unincorporated territory of the township, or lying adjacent to
the
property of a school that is operated by such county board,
that
includes a crosswalk customarily used by children going to
or
leaving a school during recess and opening and closing hours,
whenever the distance, as measured in a straight line, from the
school property line nearest the crosswalk to the nearest point
of
the crosswalk is no more than one thousand three hundred
twenty
feet. Such a school zone shall include the distance
encompassed
by
the crosswalk and extending three hundred feet on
each approach
direction of the state route.
(e) As used in this section, "special elementary school"
means a school that meets all of the following criteria:
(i) It is not chartered and does not receive tax revenue from
any source.
(ii) It does not educate children beyond the eighth grade.
(iii) It is located outside the limits of a municipal
corporation.
(iv) A majority of the total number of students enrolled at
the school are not related by blood.
(v) The principal or other person in charge of the special
elementary school annually sends a report to the superintendent of
the school district in which the special elementary school is
located indicating the total number of students enrolled at the
school, but otherwise the principal or other person in charge does
not report any other information or data to the superintendent.
(2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys;
(3) Thirty-five miles per hour on all state routes or
through
highways within municipal corporations outside business
districts,
except as provided in divisions (B)(4) and (6) of this
section;
(4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations;
(5) Fifty-five miles per hour on highways outside
municipal
corporations, other than highways within island jurisdictions as
provided in division (B)(8) of this section and freeways as
provided in
division divisions (B)(13) and (14) of this section;
(6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the
municipal
corporation;
(8) Thirty-five miles per hour on highways outside municipal
corporations that are within an island jurisdiction;
(9) Fifty-five miles per hour at all times on freeways
with
paved shoulders inside municipal corporations, other than
freeways
as provided in division divisions (B)(13) and (14) of this
section;
(10) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided
in
division divisions (B)(13) and (14) of this section;
(11) Fifty-five miles per hour at all times on all
portions
of freeways that are part of the interstate system and on all
portions
of freeways
that are not part of the
interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system
for
operators of any motor vehicle
weighing in excess of eight
thousand pounds empty weight and any
noncommercial bus, except as
provided in division (B)(14) of this section;
(12) Fifty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of freeways that
are part of the interstate system
and that had such a speed limit
established prior to
October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate
system and that had such a speed limit established
prior to
October 1, 1995, unless a higher speed limit
is
established under division (L) of this
section;
(13) Sixty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of the following:
(a) Freeways that are part of the interstate system
and that
had such a speed limit established prior to
October 1, 1995, and
freeways that are not
part of the interstate system, but are built
to the standards and
specifications that are applicable to
freeways that are part of the interstate
system and that had such
a speed limit established prior to
October 1, 1995;
(b) Freeways that are part of the interstate system
and
freeways that are not part of the interstate system but are built
to the
standards and specifications that are applicable to
freeways that are part of
the interstate system, and that had such
a speed limit established under
division (L) of this section;
(c) Rural, divided, multi-lane highways
that are designated
as part of the national highway system under the
"National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103,
and that had such a speed limit established under division
(M) of
this section.
(14) Sixty-five miles per hour at all times on all portions
of freeways that are part of the interstate system and that had
such a speed limit on the effective date of this amendment for
operators of any motor vehicle weighing in excess of eight
thousand pounds empty weight and any noncommercial bus.
(C) It is prima-facie unlawful for any person to exceed
any
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4),
(6), (7), and (8) of this section, or any declared or established
pursuant to
this
section by the director or local authorities and
it is
unlawful
for any person to exceed any of the speed
limitations
in
division
(D) of this section. No person shall be
convicted of
more
than
one violation of this section for the same
conduct,
although
violations of more than one provision of this
section
may be
charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in division divisions (B)(13) and (14)
of this
section;
(2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in division divisions (B)(13) and (14) of this
section
except as
otherwise provided in division (D)(3) of this
section;
(3) If a motor vehicle weighing in excess of eight
thousand
pounds empty weight or a noncommercial bus as prescribed
in
division (B)(11) of this section, at a speed exceeding
fifty-five
miles per hour upon a freeway as provided in that
division;
(4) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit of not more than
sixty-five miles per hour pursuant to
division
(L)(2) or (M) of this section;
(5) At a speed exceeding sixty-five miles per hour upon a
freeway for
which such a speed limit has been established through
the operation of
division
(L)(3) of this section;
(6) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit pursuant to division
(I)(2) of this section.
(E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges
made
in reliance upon division (C) of this section also the speed
which
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a
limit
declared or established pursuant to, this section declares is
prima-facie
lawful
at the time and place of such alleged
violation, except
that in
affidavits where a person is alleged to
have driven at a
greater
speed than will permit the person to
bring the
vehicle to a stop
within the assured clear distance
ahead the affidavit and warrant
need not specify the speed at
which the defendant is alleged to
have driven.
(F) When a speed in excess of both a prima-facie
limitation
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of
this
section is alleged, the defendant shall be charged in a
single
affidavit, alleging a single act, with a violation
indicated of
both division (B)(1)(a), (2), (3), (4), (6), (7), or
(8)
of this
section, or of a limit declared or established
pursuant to this
section
by the
director or local authorities,
and of the
limitation in
division
(D)(1), (2), (3), (4), (5),
or
(6) of this
section. If
the court finds a violation of
division
(B)(1)(a),
(2), (3), (4),
(6), (7), or (8) of, or a limit
declared or established pursuant
to, this section has
occurred,
it shall enter a
judgment of
conviction under such
division and
dismiss the charge
under
division (D)(1), (2), (3),
(4), (5), or
(6) of this section. If it
finds no
violation of
division
(B)(1)(a), (2), (3), (4), (6), (7),
or (8) of,
or a limit
declared or established pursuant to, this section, it shall
then
consider whether
the evidence supports a conviction under
division
(D)(1), (2),
(3), (4),
(5), or (6) of this section.
(G) Points shall be assessed for violation of a limitation
under division (D) of this section
in accordance with section
4510.036
of the Revised Code.
(H) Whenever the director determines
upon the basis of a
geometric and traffic
characteristic study that
any speed limit
set forth in divisions (B)(1)(a) to (D) of this
section is greater
or less than is reasonable or safe under the
conditions found to
exist at any portion of a street or highway under the
jurisdiction
of the director, the director shall determine and
declare a
reasonable and safe prima-facie speed limit, which
shall be
effective when appropriate signs giving notice of it are
erected
at the
location.
(I)(1) Except as provided in divisions
(I)(2) and (K) of
this
section,
whenever local authorities determine upon the basis
of an
engineering and traffic investigation that the speed
permitted by
divisions (B)(1)(a) to (D) of this section, on any
part of a
highway under their jurisdiction, is greater than is
reasonable
and safe under the conditions found to exist at such
location,
the
local authorities may by resolution request the
director to
determine and declare a reasonable and safe
prima-facie speed
limit. Upon receipt of such request the
director may determine
and
declare a reasonable and safe
prima-facie speed limit at such
location, and if the director does
so, then such declared speed
limit shall become effective only
when appropriate signs giving
notice thereof are erected at such
location by the local
authorities. The director may withdraw the
declaration of
a
prima-facie speed limit whenever in the
director's opinion
the
altered
prima-facie speed becomes
unreasonable. Upon
such
withdrawal,
the declared prima-facie
speed shall become
ineffective and the
signs relating thereto
shall be immediately
removed by the local
authorities.
(2) A local authority may determine on the basis of a
geometric
and traffic characteristic study that the speed limit of
sixty-five miles per
hour on a portion of a freeway under its
jurisdiction that was established
through the operation of
division (L)(3) of
this section is greater than is reasonable or
safe under the conditions found
to exist at that portion of the
freeway. If the local authority makes such a
determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than
fifty-five miles per hour for that portion of the
freeway. If the director
takes such action, the declared speed
limit becomes effective only when
appropriate signs giving notice
of it are erected at such location by the
local authority.
(J) Local authorities in their respective jurisdictions
may
authorize by ordinance higher prima-facie speeds than those
stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour.
Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval
of
any altered prima-facie speed limits whenever in the
director's
opinion
any altered prima-facie speed becomes unreasonable, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this
section, "unimproved highway" means a highway consisting of
any of
the following:
(b) Unimproved graded and drained earth;
(2) Except as otherwise provided in divisions (K)(4) and
(5)
of this section, whenever a board of township trustees
determines
upon the basis of an engineering and traffic
investigation that
the speed permitted by division (B)(5) of this
section on any part
of an unimproved highway under its
jurisdiction and in the
unincorporated territory of the township
is greater than is
reasonable or safe under the conditions found
to exist at the
location, the board may by resolution declare a
reasonable and
safe prima-facie speed limit of fifty-five but not
less than
twenty-five miles per hour. An altered speed limit
adopted by a
board of township trustees under this division
becomes effective
when appropriate traffic control devices, as
prescribed in section
4511.11 of the Revised Code, giving notice
thereof are erected at
the location, which shall be no sooner
than sixty days after
adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway
and
the board has adopted an altered prima-facie speed limit
pursuant
to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall
be immediately removed.
(4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the
townships determine, upon the basis of an engineering and
traffic
investigation, that the speed permitted by division
(B)(5) of this
section is greater than is reasonable or safe
under the conditions
found to exist at the location and both
boards agree upon a
reasonable and safe prima-facie speed limit
of less than
fifty-five but not less than twenty-five miles per
hour for that
location. If both boards so agree, each shall
follow the
procedure
specified in division (K)(2) of this section
for
altering the
prima-facie speed limit on the highway. Except
as
otherwise
provided in division (K)(4)(b) of this section, no
speed
limit
altered pursuant to division (K)(4)(a) of this
section may
be
withdrawn unless the boards of township trustees
of both
townships
determine that the altered prima-facie speed
limit
previously
adopted becomes unreasonable and each board
adopts a
resolution
withdrawing the altered prima-facie speed
limit
pursuant to the
procedure specified in division (K)(3)(a)
of this
section.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards
shall,
by resolution, withdraw the altered prima-facie speed
limit as
soon as the highway ceases to be unimproved. Upon the
adoption of
the resolution, the altered prima-facie speed limit
becomes
ineffective and the traffic control devices relating
thereto shall
be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway, where, for a distance of three hundred feet or more, the
frontage is improved with residences or residences and buildings
in use for business, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis
of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions
thereof
at the entrances to which vehicular traffic from the
majority of
intersecting highways is required to yield the
right-of-way to
vehicles on such highways in obedience to stop or
yield signs or
traffic control signals, is greater than is
reasonable and safe
under the conditions found to exist at the
location, the board may
by resolution declare a reasonable and
safe prima-facie speed
limit of less than fifty-five but not less
than twenty-five miles
per hour at the location. An altered
speed limit adopted by a
board of township trustees under this
division shall become
effective when appropriate signs giving
notice thereof are erected
at the location by the township.
Whenever, in the opinion of a
board of township trustees, any
altered prima-facie speed limit
established by it under this
division becomes unreasonable, it may
adopt a resolution
withdrawing the altered prima-facie speed, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township.
(L)(1) Within one
hundred twenty days of
February 29, 1996,
the director of
transportation, based upon a
geometric and traffic
characteristic
study of a
freeway that is
part of the interstate
system or that
is not part of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system, in consultation
with the
director of public
safety and, if applicable, the local
authority
having jurisdiction
over a portion of such freeway, may
determine
and declare
that the
speed limit of less than sixty-five
miles per
hour established on
such
freeway or portion of freeway
either is
reasonable and safe
or is less than
that which is
reasonable and
safe.
(2) If the established speed limit for such a freeway or
portion of
freeway is determined to be less than that which is
reasonable and safe, the
director of transportation, in
consultation with the director of public safety
and, if
applicable, the local authority having jurisdiction over the
portion
of
freeway, shall determine and declare a reasonable and
safe speed limit of not
more than sixty-five miles per hour for
that freeway or portion of freeway.
The director of transportation or local authority having
jurisdiction
over the freeway or portion of freeway shall erect
appropriate signs giving
notice of the speed limit at such
location within
one hundred fifty days of
February 29, 1996.
Such
speed
limit becomes
effective only when such
signs are
erected at
the location.
(3) If, within one hundred twenty days of
February 29,
1996,
the director of
transportation does not make a
determination
and
declaration of a
reasonable and safe speed limit
for a freeway
or
portion of
freeway that is part of the interstate
system or
that
is not part
of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system and that has a
speed limit of
less than
sixty-five miles per hour, the speed
limit on that
freeway or
portion of a freeway shall be sixty-five
miles per
hour. The
director of transportation or local authority
having
jurisdiction
over the
freeway or portion of the freeway
shall
erect appropriate
signs giving notice
of the speed limit of
sixty-five miles per
hour at such location within one
hundred
fifty days of
February 29, 1996. Such speed
limit
becomes
effective only when such signs are erected at the
location. A
speed
limit established through the operation of
division
(L)(3)
of this section is subject to reduction
under
division (I)(2) of
this section.
(M) Within three hundred sixty days
after
February 29,
1996,
the director of
transportation,
based upon a
geometric and
traffic
characteristic
study of a rural, divided,
multi-lane
highway that
has been
designated as part of the
national highway
system under
the
"National
Highway
System
Designation
Act of
1995," 109
Stat.
568,
23
U.S.C.A.
103, in
consultation with the
director of public
safety and, if
applicable,
the
local authority
having jurisdiction
over a portion
of the highway, may
determine
and declare that the
speed limit of
less than sixty-five miles per
hour established on
the highway or
portion of highway either is
reasonable and
safe or
is less than
that which is reasonable and
safe.
If the established speed limit for the highway or portion of
highway is
determined to be less than that which is reasonable and
safe, the director of
transportation, in consultation with the
director of public safety and, if
applicable, the local authority
having jurisdiction over the portion of
highway, shall determine
and declare a reasonable and safe speed limit of not
more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the
highway or portion of highway shall erect
appropriate signs giving notice of
the speed limit at such
location within three hundred ninety days after
February 29,
1996.
The speed limit becomes
effective only when
such signs are
erected
at the location.
(N)(1)(a) If the boundary of two local authorities rests on
the centerline of a highway and both authorities have jurisdiction
over the highway, the speed limit for the part of the highway
within their joint jurisdiction shall be either one of the
following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division (B)
of this section;
(ii) An altered speed limit determined and posted in
accordance with this section.
(b) If the local authorities are unable to reach an
agreement, the speed limit shall remain as established and posted
under this section.
(2) Neither local authority may declare an altered
prima-facie speed limit pursuant to this section on the part of
the highway under their joint jurisdiction unless both of the
local authorities determine, upon the basis of an engineering and
traffic investigation, that the speed permitted by this section is
greater than is reasonable or safe under the conditions found to
exist at the location and both authorities agree upon a uniform
reasonable and safe prima-facie speed limit of less than
fifty-five but not less than twenty-five miles per hour for that
location. If both authorities so agree, each shall follow the
procedure specified in this section for altering the prima-facie
speed limit on the highway, and the speed limit for the part of
the highway within their joint jurisdiction shall be uniformly
altered. No altered speed limit may be withdrawn unless both local
authorities determine that the altered prima-facie speed limit
previously adopted becomes unreasonable and each adopts a
resolution withdrawing the altered prima-facie speed limit
pursuant to the procedure specified in this section.
(O) At any location on a state highway where the posted
speed
limit decreases by twenty or more miles per hour, the
director of
transportation shall establish a speed transition
zone consisting,
at a minimum, of the preceding one thousand
feet. The speed limit
for the speed transition zone shall be ten
miles per hour more
than the speed limit to which the posted
speed limit decreases by
twenty or more miles per hour. A reduced
speed limit established
by the director pursuant to this division
becomes effective when
the department of transportation erects
appropriate signs giving
notice thereof on the state highway.
(P) As used in this section:
(1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101.
(2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation
of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization.
(P)(Q)(1) A violation of any provision of this section
is one
of
the following:
(a) Except as otherwise provided in divisions
(P)(Q)(1)(b),
(1)(c), (2), and
(3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of any provision of
this section or of any provision of
a municipal ordinance that is
substantially similar to any
provision of this section, a misdemeanor of the
fourth degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations
of any
provision of this section or of any
provision of a municipal ordinance that is
substantially similar
to any provision of this section, a misdemeanor of the
third
degree.
(2) If the offender has not previously been convicted of or
pleaded guilty
to a violation of any provision of this section or
of any provision of a
municipal ordinance that is substantially
similar to this section and operated
a motor vehicle faster than
thirty-five
miles an hour in a business district of a municipal
corporation,
faster than fifty miles an hour in other portions of
a municipal
corporation, or faster than thirty-five miles an hour
in a school
zone during recess or while children are going to or
leaving
school during the school's opening or closing hours, a
misdemeanor of the
fourth degree.
(3) Notwithstanding division (P)(Q)(1) of this section, if
the
offender operated a motor vehicle in a construction
zone where
a
sign was then posted in accordance with section
4511.98 of the
Revised Code, the court, in addition to all
other
penalties
provided by law, shall impose upon the offender a fine of two
times
the usual amount
imposed for the violation. No court shall
impose a
fine of two times the usual amount imposed for the
violation upon
an offender if the offender alleges, in an
affidavit filed with the court
prior to the offender's sentencing,
that the offender is indigent
and is unable to pay the fine
imposed pursuant to this division
and if the court determines that
the offender is an indigent person
and unable to pay the fine.
Sec. 4511.213. (A) The driver of a motor vehicle, upon
approaching a stationary
public safety vehicle, an emergency
vehicle, or a road service
vehicle that is displaying
a flashing
red light, flashing
combination red and white light,
oscillating
or rotating red
light,
oscillating or rotating
combination red
and white light,
flashing
blue light, the appropriate visual
signals by means of flashing
combination blue and
white light,
oscillating
or rotating blue
light, or, oscillating,
or rotating
combination blue and white
light lights, as prescribed
in section
4513.17 of the Revised Code, shall do either of the
following:
(1) If the driver of the motor vehicle is traveling on a
highway
that consists of at least two lanes that carry traffic in
the same
direction of travel as that of the driver's motor
vehicle, the driver
shall proceed with due caution and, if
possible and with due regard to
the road, weather, and traffic
conditions, shall change lanes into a
lane that is not adjacent to
that of the stationary public safety
vehicle, an emergency
vehicle, or a road service
vehicle.
(2) If the driver is not traveling on a highway of a type
described in
division (A)(1) of this section, or if the driver is
traveling on a
highway of that type but it is not possible to
change lanes or if to do so
would be
unsafe, the driver shall
proceed with due caution, reduce the speed of the
motor vehicle,
and maintain a safe speed for the road, weather, and traffic
conditions.
(B) This section does not relieve the driver of a public
safety
vehicle, an emergency vehicle, or a road service vehicle
from the duty to drive with
due regard for the
safety of all
persons and property upon the
highway.
(C) No person shall fail to drive a motor vehicle in
compliance
with division (A)(1) or (2) of this section when so
required by
division (A) of this section.
(D)(1) Except as otherwise provided in this division,
whoever
violates
this section is guilty of a minor misdemeanor.
If,
within
one year of
the offense, the offender previously has
been
convicted of or pleaded
guilty to one predicate motor vehicle
or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
(2) Notwithstanding section
2929.28 of the Revised
Code,
upon
a finding that a person operated a motor vehicle in
violation
of
division (C) of this section, the court, in addition
to all
other
penalties provided by law, shall impose a fine of two
times
the
usual amount imposed for the violation.
(E) As used in this section, "public safety vehicle" has the
same
meaning as in section 4511.01 of the Revised Code.
Sec. 4513.03.
(A) Every vehicle, other than a motorized
bicycle, operated upon a street or highway
within this state shall
display lighted lights and illuminating devices as required by
sections 4513.04 to 4513.37 of the Revised Code during all of the
following times:
(1) The time from sunset
to sunrise, and at;
(2) At
any other time when there
are, due to insufficient
natural light or unfavorable atmospheric conditions
or when there
is not
sufficient natural light to render
discernible, persons,
vehicles,
and substantial objects on the
highway are not
discernible at a distance of one
thousand feet ahead, shall
display
lighted lights and
illuminating devices as required by
sections
4513.04 to 4513.37
of the Revised Code, for different
classes of
vehicles; except
that every;
(3) At any time when the windshield wipers of the vehicle are
in use because of precipitation on the windshield.
Every motorized bicycle shall display at
such times lighted
lights meeting the rules adopted by the
director of public safety
under section 4511.521 of the Revised
Code. No motor vehicle,
during such times any time specified in this section, shall be
operated upon
a street or highway
within this state using only
parking lights as
illumination.
Whenever in such sections a requirement is declared as to
the
distance from which certain lamps and devices shall render
objects
visible, or within which such lamps or devices shall be
visible,
such distance shall be measured upon a straight level
unlighted
highway under normal atmospheric conditions unless a
different
condition is expressly stated.
Whenever in such sections a requirement is declared as to
the
mounted height of lights or devices, it shall mean from the
center
of such light or device to the level ground upon which the
vehicle
stands.
(B) Notwithstanding any provision of law to the contrary, no
law enforcement officer shall cause the operator of a vehicle
being operated upon a street or highway within this state to stop
the vehicle solely because the officer observes that a violation
of division (A)(3) of this section has been or is being committed
or for the sole purpose of issuing a ticket, citation, or summons
for a violation of that division, or causing the arrest of or
commencing a prosecution of a person for a violation of that
division.
(C) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4513.263. (A) As used in this section and in section
4513.99 of the Revised Code:
(1) "Automobile" means any commercial tractor, passenger
car,
commercial car, or truck that is required to be
factory-equipped
with an occupant restraining device for the
operator or any
passenger by regulations adopted by the United
States secretary of
transportation pursuant to the "National
Traffic and Motor Vehicle
Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety
belt,
shoulder belt, harness, or other safety device for
restraining a
person who is an operator of or passenger in an
automobile and
that satisfies the minimum federal vehicle safety
standards
established by the United States department of
transportation.
(3) "Passenger" means any person in an automobile, other
than
its operator, who is occupying a seating
position for which
an
occupant restraining device is provided.
(4) "Commercial tractor," "passenger car," and "commercial
car" have the same meanings as in section 4501.01 of the Revised
Code.
(5) "Vehicle" and "motor vehicle," as used in the
definitions
of the terms set forth in division (A)(4) of this
section, have
the same meanings as in section 4511.01 of the
Revised Code.
(6) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim, as defined in section 2307.71
of the Revised Code, and an asbestos claim, as defined in section
2307.91 of the Revised Code, but does not include a civil action
for damages for breach of contract or another agreement between
persons.
(B) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus
that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the
requirement
set forth in division (B)(3)
of this section is
wearing all
of
the
available elements of a properly adjusted
occupant
restraining
device;
(3) Occupy, as a passenger, a seating position on the
front
seat of an automobile being operated on any street or
highway
unless that person is wearing all of the available
elements
of a
properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C) Division (B)(3) of this section does not apply to
a
person who is required by section 4511.81 of the
Revised Code to
be secured in a child restraint device or booster
seat. Division
(B)(1) of this
section does not apply to a person
who is an
employee of the
United States postal service or of a
newspaper
home delivery
service, during any period in which the
person is
engaged in the
operation of an automobile to deliver
mail or
newspapers to
addressees. Divisions (B)(1) and (3) of
this
section
do not
apply
to a person who has an affidavit signed
by
a
physician
licensed to
practice in this state under Chapter
4731.
of the
Revised Code or
a chiropractor licensed to practice
in this
state
under Chapter
4734. of the Revised Code that states
that the
person has a
physical impairment that makes use of an
occupant
restraining
device impossible or impractical.
(D) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of an
automobile
being operated on any street or highway to stop the
automobile
for the sole purpose of determining
whether a
violation of
division
(B) of this
section has been or is being
committed or
for the sole
purpose of
issuing a ticket, citation,
or summons
for a violation
of that
nature or
causing the arrest of or
commencing a
prosecution of a
person for a violation of
that
nature, and no
law
enforcement
officer shall view the interior
or visually
inspect
any automobile
being operated on any street
or highway
for the
sole purpose of
determining whether a
violation of that
nature has
been or is being
committed.
(E) All fines collected for violations of division (B) of
this section, or for violations of any ordinance or resolution of
a political subdivision that is substantively comparable to that
division, shall be forwarded to the treasurer of state for deposit
as follows:
(1) Eight per cent shall be deposited into the seat belt
education fund, which is hereby created in the state treasury,
and
shall be used by the department of public safety to establish a
seat belt education program.
(2) Eight per cent shall be deposited into the elementary
school program fund, which is hereby created in the state
treasury,
and shall be used by the department of public safety to
establish
and administer elementary school programs that encourage
seat safety
belt use.
(3) Two per cent shall be
deposited into the occupational
licensing and regulatory fund
created by section
4743.05 of the
Revised
Code.
(4) Twenty-eight per cent, plus sixty
cents of each fee
collected under sections 4501.34, 4503.26,
4506.08, and 4509.05,
plus on and after October 1, 2009,
sixty cents of each fee
collected under sections
4505.14 and 4519.63 of the Revised Code
as specified in
those sections, shall be deposited into the
trauma
and emergency
medical services fund, which is hereby
created in
the
state
treasury, and shall be used by the
department of public
safety for
the administration of the
division of emergency
medical
services
and the state board of
emergency medical services, except that the
director of budget
and
management may transfer excess money from
the trauma and
emergency
medical services fund to the state
highway safety
fund if the
director of public safety determines
that the
amount of money in
the trauma and emergency medical
services
fund exceeds the amount
required to cover such costs
incurred
by the emergency medical
services agency and requests
the
director of budget and management
to make the transfer.
(5) Fifty-four per cent shall be
deposited
into the trauma
and emergency
medical services grants fund, which is hereby
created in the state
treasury, and shall be used by the state
board of emergency
medical services to make grants, in accordance
with section
4765.07 of the Revised Code and rules the board
adopts
under
section 4765.11 of the Revised Code.
(F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device in violation of
division (B)(1) or (3) of this section
or the failure of a
person
to ensure that
each minor who is a
passenger of an
automobile
being
operated by
that person is
wearing all of the
available
elements of
a properly adjusted occupant restraining
device
in
violation of division (B)(2) of this
section shall
not
be
considered
or used by the trier of fact in a tort action as
evidence of negligence or contributory negligence. But, the trier
of fact may determine based on evidence admitted consistent with
the Ohio Rules of Evidence that the failure
contributed to the
harm alleged in the tort action and may
diminish a
recovery
of
compensatory damages that represents
noneconomic loss, as defined
in section 2307.011 of the Revised
Code, in
a tort action
that
could have been recovered but for the
plaintiff's failure to wear
all of the available elements of a
properly adjusted occupant
restraining device. Evidence of that
failure shall not be used as
a
basis for a
criminal prosecution of
the person other than a
prosecution for a
violation of this
section; and shall not be
admissible as evidence
in
a criminal
action involving
the person
other than a
prosecution for a
violation of this
section.
(2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following:
(a) It seeks to recover damages for injury or death to the
occupant.
(b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car.
(c) The claim for relief against the defendant in question
is
that the injury or death sustained by the occupant was
enhanced
or
aggravated by some design defect in the passenger car
or that
the
passenger car was not crashworthy.
(G)(1) Whoever violates division (B)(1) of this
section
shall
be fined thirty dollars.
(2) Whoever violates division (B)(3) of this section shall
be
fined twenty dollars.
(3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this
section,
whoever violates division (B)(4) of this section is
guilty of a
misdemeanor of the third degree.
Sec. 4513.34.
(A) The director of transportation with
respect
to all highways
that are a part of the state highway
system and
local authorities with respect to highways under their
jurisdiction, upon application in writing and for good cause
shown,
may issue a special permit in writing authorizing the
applicant to operate or move a vehicle or combination of vehicles
of a size or weight of vehicle or load exceeding the maximum
specified in sections 5577.01 to 5577.09 of the Revised Code, or
otherwise not in conformity with sections 4513.01 to 4513.37 of
the Revised Code, upon any highway under the jurisdiction of the
authority granting
the permit.
For purposes of this section, the director may designate
certain
state highways or portions of state highways as special
economic development
highways. If an application submitted to the
director under this section
involves travel of a nonconforming
vehicle or combination of
vehicles upon a special economic
development highway, the
director, in determining whether good
cause has been shown
that issuance of a permit is justified, shall
consider the effect
the travel of the vehicle or combination of
vehicles will have on
the economic development in the area in
which the designated
highway or portion of highway is located.
(B) Notwithstanding sections 715.22
and 723.01 of the
Revised
Code, the holder of a special permit
issued by the
director under
this section may move the vehicle or
combination of
vehicles
described in
the special permit on
any
highway
that is
a part of
the state highway system
when the
movement is
partly
within and
partly without the corporate limits
of a
municipal
corporation. No
local authority shall require any
other
permit or
license or
charge any license fee or other charge
against the
holder of a
permit for the movement of a vehicle or
combination of
vehicles on
any highway that is a part of the
state
highway
system.
The
director shall not require the
holder of a
permit
issued by a
local
authority
to obtain a special
permit for the
movement of
vehicles
or combination of vehicles on
highways within
the
jurisdiction of
the local authority. Permits
may be issued
for any
period of
time not to exceed one year, as
the director in
the
director's discretion or a local
authority in its discretion
determines advisable,
or for the duration of any public
construction project.
(C) The application for a permit shall be in
the
form
that
the
director or local authority prescribes. The director
or local
authority may prescribe a permit fee to be imposed and
collected
when any permit described in this section is issued.
The
permit
fee may be in an amount sufficient to reimburse the
director or
local authority for the administrative costs incurred
in issuing
the permit, and also to cover the cost of the normal
and expected
damage caused to the roadway or a street or highway
structure as
the result of the operation of the nonconforming
vehicle or
combination of vehicles. The director, in accordance
with
Chapter
119. of the Revised Code, shall establish a schedule
of
fees for
permits issued by the director under this section; provided, that
the rules of the director shall include issuance of a continuing
annual permit over routes reported to the director and shall
require the recipient of such an annual permit to submit quarterly
reports to the director containing such information as the
director shall specify.
For the purposes of this section and of rules adopted by
the
director under this section, milk transported in bulk by
vehicle
is deemed a nondivisible load.
(D) The director or local authority may issue or withhold a
permit. If a permit is to be issued, the director or local
authority may limit or prescribe conditions of operation for the
vehicle and may require the posting of a bond or other security
conditioned upon the sufficiency of the permit fee to compensate
for damage caused to the roadway or a street or highway
structure.
In addition, a local
authority, as a condition of issuance of an
overweight permit, may
require the applicant to develop and enter
into a mutual
agreement with the local authority to compensate
for
or to repair
excess damage caused to the roadway by travel
under
the permit.
For a permit that will allow travel of
a nonconforming
vehicle or combination of vehicles on a special economic
development highway, the director, as a condition of issuance, may
require the applicant to agree to make periodic payments to the
department to compensate for damage caused to the roadway by
travel under the permit.
(E) Every permit shall be carried in the vehicle or
combination
of vehicles to which it refers and shall be open to
inspection by
any police officer or authorized agent of any
authority granting
the permit. No person shall violate any of the
terms of a
permit.
(F)
The director may debar an applicant from applying for a
special permit under this section upon a finding based on a
reasonable belief that the applicant has done any of the
following:
(1) Abused the process by repeatedly submitting false
information or false travel plans or by using another company or
individual's name, insurance, or escrow account without proper
authorization;
(2) Failed to comply with or substantially perform under a
previously issued special permit according to its terms,
conditions, and specifications within specified time limits;
(3) Failed to cooperate in the application process for the
special permit or in any other procedures that are related to the
issuance of the special permit by refusing to provide information
or documents required in a permit or by failing to respond to and
correct matters related to the special permit;
(4) Accumulated repeated justified complaints regarding
performance under a special permit that was previously issued to
the applicant or previously failed to obtain a special permit when
such a permit was required;
(5) Attempted to influence a public employee to breach
ethical conduct standards;
(6) Been convicted of a criminal offense related to the
application for, or performance under, a special permit,
including, but not limited to, bribery, falsification, fraud or
destruction of records, receiving stolen property, and any other
offense that directly reflects on the applicant's integrity or
commercial driver's license;
(7) Accumulated repeated convictions under a state or federal
safety law governing commercial motor vehicles or a rule or
regulation adopted under such a law;
(8) Accumulated repeated convictions under a law, rule, or
regulation governing the movement of traffic over the public
streets and highways;
(9) Failed to pay any fees associated with any permitted
operation or move;
(10) Deliberately or willfully submitted false or misleading
information in connection with the application for, or performance
under, a special permit issued under this section.
If the applicant is a partnership, association, or
corporation, the director also may debar from consideration for
special permits any partner of the partnership, or the officers,
directors, or employees of the association or corporation being
debarred.
The director may adopt rules in accordance with Chapter 119.
of the Revised Code governing the debarment of an applicant.
(G) When the director reasonably believes that grounds for
debarment exist, the director shall send the person that is
subject to debarment a notice of the proposed debarment. A notice
of proposed debarment shall indicate the grounds for the debarment
of the person and the procedure for requesting a hearing. The
notice and hearing shall be in accordance with Chapter 119. of the
Revised Code. If the person does not respond with a request for a
hearing in the manner specified in that chapter, the director
shall issue the debarment decision without a hearing and shall
notify the person of the decision by certified mail, return
receipt requested. The debarment period may be of any length
determined by the director, and the director may modify or rescind
the debarment at any time. During the period of debarment, the
director shall not issue, or consider issuing, a special permit to
any partnership, association, or corporation that is affiliated
with a debarred person. After the debarment period expires, the
person, and any partnership, association, or corporation
affiliated with the person, may reapply for a special permit.
(H) Whoever violates this section shall be punished as
provided
in section
4513.99 of the Revised Code.
Sec. 4517.021. (A) Sections 4517.01, 4517.02, and 4517.03
to 4517.45 of the Revised Code do not apply to a person auctioning
classic motor vehicles, provided all of the following apply:
(1) The person is responsible for not more than two auctions
of classic motor vehicles per year, with no auction lasting more
than one day two days;
(2) The person requests and receives permission for the
auction from the registrar of motor vehicles by filing an
application for each proposed auction of classic motor vehicles,
at least thirty days before the auction, in a form prescribed by
the registrar, signed and sworn to by the person, that contains
all of the following:
(a) The person's name and business address;
(b) The location of the auction;
(c) Evidence, sufficient to satisfy the registrar, that the
person does not exclusively sell motor vehicles;
(d) Any necessary, reasonable, and relevant information that
the registrar may require to verify compliance with this section.
(3) The person will be auctioning the classic motor vehicle
to the general public for the legal owner of the vehicle, which
ownership must be evidenced at the time of the auction by a valid
certificate of title issued pursuant to Chapter 4505. of the
Revised Code;
(4) The person keeps a record of the following information
for each classic motor vehicle offered for sale at auction, in a
manner prescribed by the registrar:
(a) The certificate of title number, county, and state of
registration;
(b) The year, make, model, and vehicle identification number;
(c) The name and address of the person offering the vehicle
for sale;
(d) The name and address of any vehicle purchaser;
(e) The date the vehicle is offered for sale;
(g) The odometer reading at the time of the auction and an
odometer statement from the person offering the vehicle for sale
at auction that complies with 49 U.S.C. 32705.
(5) The person allows reasonable inspection by the registrar
of the person's records relating to each classic motor vehicle
auction.
(B) Any person that auctions classic motor vehicles under
this section shall use the auction services of an auction firm to
conduct the auction.
(C) The registrar may refuse permission to hold an auction if
the registrar finds that the person has not complied with division
(A) of this section or has made a false statement of a material
fact in the application filed under division (A)(2) of this
section.
(D) The registrar shall not authorize a person licensed under
section 4707.072 of the Revised Code to offer auction services or
act as an auctioneer in regard to an auction of classic motor
vehicles pursuant to this section.
(E) As used in this section:
(1) "Auction firm" and "auction services" have the same
meanings as in section 4707.01 of the Revised Code.
(2)
"Classic motor vehicle" means a motor vehicle that is
over twenty-six years old.
Sec. 4519.02. (A) Except as provided in divisions (B),
(C),
and (D) of this section, no person shall operate any
snowmobile,
off-highway motorcycle, or all-purpose
vehicle within this state
unless the
snowmobile, off-highway motorcycle, or all-purpose
vehicle is registered and numbered in
accordance with sections
4519.03 and 4519.04 of the Revised Code.
(B)(1) No registration is required for a snowmobile, or
off-highway
motorcycle, or all-purpose vehicle that is operated
exclusively
upon lands owned by
the owner of the snowmobile, or
off-highway
motorcycle, or
all-purpose vehicle, or on lands
to
which the owner of the snowmobile or off-highway motorcycle
has a
contractual right.
(2) No registration is required for an all-purpose vehicle
that is used primarily on a farm as a farm implement.
(C) No registration is required for a snowmobile, off-highway
motorcycle, or all-purpose vehicle owned and used in this state by
a resident of another state whenever that state has in effect a
registration law similar to this chapter and the snowmobile,
off-highway motorcycle, or all-purpose vehicle is properly
registered under that state's law. Any snowmobile, off-highway
motorcycle, or
all-purpose vehicle owned and used
in this state by
a resident of a state not having a
registration law similar to
this chapter shall comply with section
4519.09 of the
Revised
Code.
(D) No registration is required for a snowmobile,
off-highway
motorcycle, or all-purpose vehicle owned and used in
this
state by
the United
States, another state, or a political
subdivision
thereof, but
the snowmobile, off-highway motorcycle,
or
all-purpose
vehicle shall display the name of
the owner
thereon.
(E) The owner or operator of any all-purpose vehicle
operated
or used upon the waters in this state shall comply
with
Chapters
1547. and 1548. of the Revised Code relative to the
operation of
watercraft.
(F)
Except as otherwise provided in this division, whoever
violates division (A) of this section shall be fined not more less
than
twenty-five fifty dollars but not more than one hundred
dollars.
If the offender previously has been
convicted
of or
pleaded
guilty to a
violation of division (A) of
this
section,
whoever
violates
division (A) of this section shall
be
fined not
less
than
twenty-five nor more than fifty dollars.
Sec. 4519.03. (A) The owner of every snowmobile,
off-highway
motorcycle,
and all-purpose vehicle required to be
registered
under section 4519.02
of the Revised Code shall file an
application for registration
with the registrar of motor vehicles
or a deputy registrar, on
blanks furnished by the registrar for
that purpose and containing
all of the following information:
(1) A brief description of the snowmobile,
off-highway
motorcycle,
or all-purpose
vehicle, including the
year, make,
model, and the
vehicle
identification number;
(2) The name, residence, and business address of the
owner;
(3) A statement that the snowmobile, off-highway
motorcycle,
or all-purpose vehicle
is equipped as required by section 4519.20
of the Revised Code
and any rule adopted
under that
section. The
statement shall include a
check list of the required
equipment
items in
the form
the
registrar shall prescribe.
The application shall be signed by the owner of the
snowmobile, off-highway motorcycle, or all-purpose
vehicle
and
shall be accompanied by a fee as provided
in division (C) of
section 4519.04 of the Revised Code.
If the application is not in proper form, or if the vehicle
for which registration is sought does not appear to be equipped
as
required by section 4519.20 of the Revised Code or any rule
adopted
under that section, the registration shall be
refused,
and
no
registration
sticker, license plate, or validation sticker
shall be issued.
(B) On and after
July
1, 1999, no
certificate of
registration
or renewal of
a
certificate
of registration
shall be
issued for
an
off-highway motorcycle or
all-purpose
vehicle
required to be
registered under section
4519.02 of the
Revised
Code, and no
certificate of
registration
issued under this
chapter
for an
off-highway
motorcycle or
all-purpose vehicle that
is sold
or
otherwise
transferred shall be
transferred to the new
owner of
the
off-highway motorcycle or
all-purpose vehicle as
permitted by
division (B) of section
4519.05
of the Revised
Code,
unless a
certificate of
title has
been issued under this chapter
for the
motorcycle or
vehicle, and
the owner or new owner, as the
case may
be,
presents
a physical
certificate of title or
memorandum
certificate
of
title for
inspection at the time the
owner or new
owner first
submits a
registration application,
registration
renewal
application, or
registration transfer
application for the
motorcycle or
vehicle on
or after
July
1,
1999, if a physical
certificate of title or
memorandum certificate
has been issued by
a clerk of a court of
common pleas. If, under
sections 4519.512
and 4519.58 of the
Revised Code, a clerk instead
has issued an
electronic certificate
of title for the applicant's
off-highway
motorcycle or all-purpose
vehicle, that certificate
may be
presented for inspection at the
time of first registration
in a
manner prescribed by rules adopted
by the registrar.
(C) When the owner of an
off-highway motorcycle or
all-purpose vehicle first registers it
in the owner's name, and a
certificate of title has been issued
for the motorcycle or
vehicle, the owner shall present for
inspection a
physical
certificate of
title or memorandum certificate of
title showing
title to the
off-highway motorcycle or
all-purpose vehicle in the
name of the
owner
if a physical certificate of title or memorandum
certificate has been issued by a clerk of a court of common pleas.
If, under sections 4519.512 and 4519.58 of the Revised Code, a
clerk instead has issued an electronic certificate of title for
the applicant's off-highway motorcycle or all-purpose vehicle,
that certificate may be presented for inspection at the time of
first registration in a manner prescribed by rules adopted by the
registrar. If, when the
owner of such
an off-highway motorcycle
or
all-purpose vehicle first
makes application to
register it in
the
owner's name, the
application is not in
proper form or
the
certificate of title
or memorandum
certificate of title does not
accompany the
registration
or, in the case of an electronic
certificate of title, is not presented in a manner prescribed by
the registrar, the
registration shall be refused, and neither a
certificate of
registration nor a registration sticker, license
plate, or validation sticker shall be
issued. When a
certificate
of registration and registration
sticker, license plate, or
validation sticker are issued
upon the first registration of an
off-highway
motorcycle or
all-purpose vehicle by or on behalf of
the owner,
the official
issuing them shall indicate the issuance
with a stamp
on the
certificate of title or memorandum certificate
of title
or,
in the case of an electronic certificate of title, an
electronic
stamp or other notation as specified in rules adopted
by the
registrar.
(D) Each deputy registrar shall be allowed a fee of
two
dollars
and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application or renewal application
received by the
deputy
registrar, which shall be for the
purpose of compensating
the
deputy registrar for services, and office and
rental expense,
as
may be necessary for the proper discharge of
the
deputy
registrar's
duties in the receiving of applications and the
issuing of
certificates of registration.
Each deputy registrar, upon receipt of any
application for
registration, together with the registration fee,
shall transmit
the fee, together with the original and duplicate copy
of the
application, to the registrar in
the manner and at
the
times
the
registrar, subject to the approval of the director
of
public
safety and the treasurer of state, shall prescribe by
rule.
Sec. 4519.04. (A) Upon the filing of an application for
registration of a snowmobile, off-highway motorcycle, or
all-purpose vehicle and the
payment of the tax therefor, the
registrar of motor vehicles or a
deputy registrar shall assign to
the snowmobile, off-highway motorcycle, or all-purpose
vehicle a
distinctive number and issue and deliver to the owner in
such
manner as the registrar may select, a certificate of
registration,
in such form as the registrar shall prescribe. Any
number so
assigned to a snowmobile, off-highway motorcycle, or all-purpose
vehicle shall
be
a permanent number, and shall not be issued to
any other
snowmobile, off-highway motorcycle, or all-purpose
vehicle.
(B)(1) In addition to the certificate of registration, the
registrar
or deputy registrar also shall issue to the owner of the
a
snowmobile, or off-highway motorcycle, or all-purpose vehicle a
registration sticker. The registrar shall prescribe the color and
size of the sticker, the combination of numerals and letters
displayed on it, and placement of the sticker on the snowmobile,
or
off-highway motorcycle, or all-purpose vehicle.
(B) Upon receipt of a certificate of registration for a
snowmobile, the owner shall paint or otherwise attach upon each
side of the forward cowling of the snowmobile the identifying
registration number, in block characters of not less than
two
inches in height and of such color as to be distinctly visible
and
legible.
(2) The registrar or deputy registrar also shall issue to the
owner of an all-purpose vehicle, in addition to the certificate of
registration, one license plate and a validation sticker, or a
validation sticker alone when applicable upon a registration
renewal. The license plate and validation sticker shall be
displayed on the all-purpose vehicle so that they are distinctly
visible, in accordance with such rules as the registrar adopts.
The validation sticker shall indicate the expiration date of the
registration period of the all-purpose vehicle. During each
succeeding registration period following the issuance of the
license plate and validation sticker, upon the filing of an
application for registration and payment of the fee specified in
division (C) of this section, a validation sticker alone shall be
issued.
(C) Unless previously canceled, each certificate of
registration issued for a snowmobile, off-highway motorcycle, or
all-purpose vehicle expires upon the thirty-first day of December
in
the third year
after the date it is issued. Application for
renewal of a
certificate may be made not earlier than ninety days
preceding
the
expiration date, and shall be accompanied by a fee
of five thirty-one
dollars and twenty-five cents.
Notwithstanding section 4519.11 of the Revised Code, of each
thirty-one dollar and twenty-five-cent fee collected for the
registration of an all-purpose vehicle, the registrar shall retain
not more than five dollars to pay for the licensing and
registration costs the bureau of motor vehicles incurs in
registering the all-purpose vehicle. The remainder of the fee
shall be deposited into the state treasury to the credit of the
state recreational vehicle fund created by section 4519.11 of the
Revised Code.
Sec. 4519.08. Any snowmobile, off-highway motorcycle, or
all-purpose vehicle owned or leased by the
state, by any of its
political subdivisions, or by any volunteer organization
that uses
such vehicles exclusively for emergency purposes shall be
registered
free of charge. The
registration number and
registration sticker
assigned to each such snowmobile, or
off-highway
motorcycle,
or and the license plate and validation
sticker assigned to such an
all-purpose vehicle, shall be
displayed
as required
by
section 4519.04 of the
Revised Code.
Sec. 4519.09. Every owner or operator of a snowmobile,
off-highway
motorcycle,
or
all-purpose vehicle who is a
resident
of a state not having a registration law similar to
this chapter,
and who expects to use the snowmobile, off-highway
motorcycle,
or
all-purpose vehicle in
Ohio, shall apply to the
registrar of
motor
vehicles or a deputy
registrar for a temporary
operating
permit.
The temporary
operating permit shall be issued
for a
period not to
exceed
fifteen days one year from the date of
issuance,
shall be in such
form as
the registrar determines,
shall include
the name and
address of
the owner and operator of
the snowmobile,
off-highway
motorcycle,
or all-purpose vehicle,
and any other
information as
the registrar considers
necessary,
and shall be
issued upon
payment of a fee of five eleven dollars
and twenty-five cents. Every
owner or
operator
receiving a
temporary operating permit shall
display it
upon the
reasonable
request of any law
enforcement officer or
other person
as
authorized by sections
4519.42 and 4519.43 of the
Revised Code.
Sec. 4519.10. (A) The purchaser of an off-highway
motorcycle
or
all-purpose vehicle, upon application and proof of
purchase,
may obtain a
temporary license placard for it. The
application for
such a placard shall be
signed by the purchaser of
the off-highway
motorcycle or all-purpose vehicle.
The temporary
license placard
shall be issued only for the applicant's use of
the off-highway
motorcycle or all-purpose vehicle to enable the
applicant to
operate it legally while proper title and a
registration sticker
or license plate and validation sticker are being
obtained and
shall be displayed on
no other off-highway motorcycle or
all-purpose vehicle. A
temporary license placard issued under this
section
shall be in a
form prescribed by the registrar of motor
vehicles, shall differ
in some distinctive manner from a placard
issued under section
4503.182 of the Revised Code,
shall be valid
for a period of
thirty days from the date of issuance, and
shall
not be
transferable or renewable. The placard either shall consist
of
or
be coated with such material as will enable it to remain
legible
and
relatively intact despite the environmental conditions
to
which the placard is
likely to be exposed during the thirty-day
period for which it is valid. The
purchaser of an off-highway
motorcycle or all-purpose vehicle shall attach the
temporary
license placard to it, in a manner prescribed by rules the
registrar
shall adopt, so that the placard numerals or letters are
clearly visible.
The fee for a temporary license placard issued under this
section shall be
two dollars. If the placard is issued by a
deputy
registrar, the deputy
registrar shall charge an additional
fee of
two dollars and
seventy-five cents
commencing
on July 1,
2001,
three dollars and twenty-five cents commencing on
January 1,
2003,
and three dollars and fifty cents commencing on
January 1,
2004,
which the deputy registrar shall retain. The
deputy
registrar
shall transmit
each two-dollar fee received by
the
deputy
registrar under this section to the
registrar, who
shall
pay the
two dollars to the treasurer of state for deposit
into the
state
bureau of motor vehicles fund established by
section 4501.25
of
the Revised Code.
(B) The registrar may issue temporary license placards to a
dealer to be issued to purchasers for use on vehicles sold by the
dealer, in
accordance with rules prescribed by the registrar. The
dealer shall notify
the registrar within forty-eight hours of
proof of issuance on a form
prescribed by the registrar.
The fee for each such placard issued by the registrar to a
dealer shall be
two dollars plus a fee of two dollars and
seventy-five cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004.
Sec. 4519.44. (A) No person who does not hold a valid,
current motor vehicle driver's or commercial driver's license,
motorcycle operator's endorsement, or probationary license,
issued
under Chapter 4506. or 4507. of the Revised Code or a valid,
current driver's license issued by another jurisdiction, shall
operate a
snowmobile, off-highway motorcycle, or
all-purpose
vehicle on any
street or
highway in this state, on any portion of
the
right-of-way
thereof, or on any public land or waters.
(B) No person who is less than sixteen years of age
shall
operate a snowmobile, off-highway motorcycle, or
all-purpose
vehicle on any land or waters
other than private property or
waters owned by or leased to the
person's parent or guardian,
unless accompanied by another person
who is eighteen years of age,
or older, and who holds a license
as provided in division (A) of
this section, except that the
department of natural resources may
permit such operation on
state controlled land under its
jurisdiction when such person is
less than sixteen years of age,
but is twelve years of age or
older and is accompanied by a parent
or guardian who is a
licensed driver eighteen years of age or
older.
(C)
Whoever violates this section shall be fined not less
than
fifty
nor more than five hundred dollars, imprisoned not less
than three nor
more than thirty days, or both.
Sec. 4519.47. (A) Whenever a person is found guilty of
operating
a
snowmobile, off-highway motorcycle, or
all-purpose
vehicle in
violation of any rule
authorized to be
adopted under
section
4519.21 or 4519.42 of the Revised
Code, the trial judge of
any
court of record, in addition to or
independent of any
other
penalties provided by law, may impound for not less than sixty
days the
certificate of registration and license plate, if
applicable, of that snowmobile,
off-highway motorcycle,
or
all-purpose vehicle. The
court shall
send the impounded
certificate of registration and license plate, if applicable, to
the registrar of
motor
vehicles, who shall retain the certificate
of registration and license plate, if applicable, until the
expiration of the
period of impoundment.
(B) If a court impounds the certificate of registration and
license plate of an all-purpose vehicle pursuant to section
2911.21 of the Revised Code, the court shall send the impounded
certificate of registration and license plate to the registrar,
who shall retain them until the expiration of the period of
impoundment.
Sec. 4519.59. (A)(1) The clerk of
a court of common pleas
shall
charge a fee
of five and retain fees as follows:
(a) Fifteen dollars for each certificate of
title, or
duplicate certificate
of title, including the issuance of a
memorandum certificate of
title,
authorization to print
a
non-negotiable evidence of
ownership
described in division (D) of
section 4519.58 of the
Revised Code, non-negotiable evidence of
ownership printed by the
clerk under division (E) of that section,
and
notation of
any
lien on a
certificate of title that is applied
for at the same time as the certificate of title. The clerk
shall
retain two eleven
dollars and twenty-five fifty
cents
of the
that
fee charged for
each
certificate of title, four dollars and
seventy-five
cents
of the
fee charged for each duplicate
certificate of title,
all
of the
fees charged for each memorandum
certificate,
authorization to
print a non-negotiable evidence of
ownership, or non-negotiable
evidence of ownership printed by the
clerk,
and four dollars and
twenty-five cents of the fee charged
for
each notation of a lien.
(b) Five dollars for each certificate of title with no
security interest noted that is issued to a licensed motor vehicle
dealer for resale purposes. The clerk shall retain two dollars and
twenty-five cents of that fee.
(c) Five dollars for each memorandum certificate of title or
non-negotiable evidence of ownership that is applied for
separately. The clerk shall retain that entire fee.
(2) The remaining two dollars and seventy-five cents charged
for
the
certificate of title, the remaining twenty-five cents
charged
for the
duplicate
certificate of title, and the remaining
seventy-five cents charged
for the notation of any lien on a
certificate of title fees that are not retained by the clerk shall
be paid to the
registrar of motor
vehicles by monthly returns,
which shall be forwarded to
the
registrar not later than the fifth
day of the month next
succeeding that in
which the certificate is
forwarded or that in
which the registrar is notified
of a lien or
cancellation
of a
lien.
(B)(1) The
registrar shall pay twenty-five cents of the
amount received for
each certificate of title and all of the
amounts received for
each notation of any lien and each duplicate
certificate that is issued to a
motor vehicle dealer for resale
and one dollar for all other
certificates of
title issued into
the state bureau of motor vehicles fund
established
in section
4501.25 of the
Revised
Code.
(2) Fifty cents of the amount received for
each certificate
of title shall be paid by the registrar as
follows:
(a) Four cents shall be
paid into the state treasury to the
credit of the motor vehicle
dealers board fund created in section
4505.09 of the
Revised
Code, for use as described in
division
(B)(2)(a)
of that section.
(b) Twenty-one cents
shall be paid into the highway operating
fund.
(c) Twenty-five cents
shall be paid into the state treasury
to the credit of the motor
vehicle sales audit fund created in
section 4505.09 of the
Revised
Code, for use as described in
division
(B)(2)(c)
of that section.
(3) Two dollars of the amount received by
the registrar for
each certificate of title shall be paid into
the state treasury
to
the credit of the automated title
processing fund created in
section 4505.09 of the
Revised
Code, for use as described in
divisions (B)(3)(a)
and
(c) of that section.
Sec. 4519.63. (A) The registrar of motor vehicles or the
clerk of the court of
common pleas, upon the application of any
person and payment of the proper
fees fee, may prepare and furnish
title information regarding
off-highway motorcycles and
all-purpose vehicles in the form and subject to
any
territorial
division or other classification as they may direct. The
registrar
or the clerk may search the records of the bureau of motor
vehicles
and the clerk regarding off-highway motorcycles and
all-purpose
vehicles and make furnish reports thereof, and make
copies of their title information
and attestations thereof those
records under the signature of the registrar or the clerk.
(B)(1) Fees therefor for lists containing title information
shall be charged and collected as follows:
(A)(a) For lists containing three thousand titles or more,
twenty-five dollars per thousand or part thereof;
(B)(b) For searches each report of a search of the records
and written
reports thereof, two
dollars for each name, number,
or fact
searched or reported on;
(C) For copies of records and attestations thereof, two
dollars
per copy except that on and after
October 1, 2009, the
fee shall be five dollars per copy. The
registrar and clerk
may
certify
copies of records generated by an
automated title
processing system.
Such copies (2) A copy of any such report shall be taken as
prima-facie evidence of the facts therein
stated in any court of
the state. The registrar and the clerk
shall furnish information
on any title without charge to state
highway patrol troopers,
sheriffs, chiefs of police, or the attorney general.
The clerk
also may provide a copy of a certificate of title to a public
agency
without charge.
(C)(1) Those fees collected by the registrar as provided in
division (B)(1)(a) of this section shall be
paid to the treasurer
of state to the credit of the state bureau of motor
vehicles fund
established in section 4501.25 of the
Revised Code. Those fees
collected by the clerk
as provided in division (B)(1)(a) of this
section shall be paid to the certificate of title
administration
fund created by section 325.33 of the Revised
Code.
(2) Prior to October 1, 2009, the registrar shall pay those
fees the registrar collects under division (B)(1)(b) of this
section into the state treasury to the credit of the state bureau
of motor vehicles fund established in section 4501.25 of the
Revised Code. Prior to October 1, 2009, the clerk shall pay those
fees the clerk collects under division (B)(1)(b) of this section
to the certificate of title administration fund created by section
325.33 of the Revised Code.
(3) On and after October 1, 2009, the registrar shall pay two
dollars of each fee the registrar collects under division
(B)(1)(b) of this section into the state treasury to the credit of
the state bureau of motor vehicles fund established in section
4501.25 of the Revised Code. Of the remaining three dollars of
each
such fee the registrar collects, the registrar shall
deposit
sixty cents into the state treasury to the credit
of the
trauma and emergency medical services fund established in
section 4513.263 of the Revised Code, sixty
cents into the state
treasury to the credit of the homeland
security fund established
under section 5502.03 of the Revised
Code, thirty cents into the
state treasury to the credit of
the investigations fund
established in section 5502.131 of the
Revised Code, one dollar
and twenty-five cents into the state
treasury to the credit of
the emergency management agency service
and reimbursement fund
established in section 5502.39 of the
Revised Code, and
twenty-five cents into the state treasury to the
credit of the
justice program services fund established in section
5502.67 of
the Revised Code.
(4) On and after October 1, 2009, the clerk of the court of
common pleas shall retain two dollars of each fee the clerk
collects under division (B)(1)(b) of this section and deposit that
two dollars into the certificate of title administration fund
created by section 325.33 of the Revised Code. The clerk shall
forward the remaining three dollars to the registrar not later
than
the fifth day of the month next succeeding that in which
the
transaction occurred. Of that remaining three dollars, the
registrar
shall deposit sixty cents into the state
treasury to
the credit of the trauma and emergency medical
services fund
established in section 4513.263 of the Revised Code,
sixty cents
into the state treasury to the
credit of the homeland security
fund established under section
5502.03 of the Revised Code,
thirty cents into the state
treasury to the credit of the
investigations fund established in
section 5502.131 of the
Revised Code, one dollar and twenty-five
cents into the state
treasury to the credit of the emergency
management agency
service and reimbursement fund established in
section 5502.39 of
the Revised Code, and twenty-five cents into the
state treasury
to the credit of the justice program services fund
established
in section 5502.67 of the Revised Code.
Sec. 4561.17. (A) To provide revenue for
administering
sections 4561.17 to 4561.22
of the Revised Code relative to the
registration of aircraft, for
the surveying of and the
establishment, checking, maintenance,
and repair of aviation air
marking and of air navigation
facilities, for the acquiring,
maintaining, and repairing of
equipment necessary for those
purposes, and for the cost of creating
and distributing Ohio
aeronautical charts and Ohio airport and
landing field
directories, an annual license tax is hereby levied
upon all
aircraft based in this state for which an aircraft
worthiness
certificate issued by the federal aviation
administration is in
effect except the following:
(1) Aircraft owned by the United States or any territory
of
the United States;
(2) Aircraft owned by any foreign government;
(3) Aircraft owned by any state or any political
subdivision
of a state;
(4) Aircraft operated under a certificate of convenience
and
necessity issued by the civil aeronautics board or any
successor
to that board;
(5) Aircraft owned by aircraft manufacturers or aircraft
engine manufacturers and operated only for purposes of testing,
delivery, or demonstration;
(6)(5) Aircraft operated for hire over regularly scheduled
routes within the state.
(B) The license tax this section requires shall be at the
rates specified in section
4561.18 of the Revised Code, and shall
be paid to and collected
by the director of transportation at the
time of making
application as provided in that section.
Sec. 4561.18. (A) The owner of any aircraft that is based in
this state and that is not of a type specified in divisions (A)(1)
to (6)(5) of section 4561.17 of the Revised Code, shall register
that
aircraft with the department of transportation pursuant to
this
section.
(B) Applications for the licensing and
registration of
aircraft shall be made and signed by the owner
on forms the
department of transportation
prepares. The forms shall contain a
description of the aircraft, including its
federal registration
number, the airport or other place at which the aircraft is based,
and any other information the department requires.
(C)(1) Registration forms shall be filed with the director of
transportation annually at the time the director specifies and
shall be
renewed according to the standard renewal procedure of
sections
4745.01 to 4745.03 of the Revised Code. If the airport or
other place at which the aircraft usually is based changes, the
owner shall update the registration by filing a new form with the
office of aviation.
(2) An application for the
registration of any aircraft not
previously registered in this
state that is acquired or becomes
subject to the
license tax subsequent to the last day of January
in any year,
shall be made for the balance of the year in which
the aircraft is
acquired, within thirty days after the acquisition
or
after becoming subject to the license tax.
(D)(1) Each registration form shall be accompanied by the
proper license tax, which, for all aircraft other than
those
described in divisions division (D)(2) and (3) of this section,
shall be at the annual rate of fifteen dollars per seat, based on
the manufacturer's maximum listed seating capacity.
(2) The license tax for gliders and balloons shall be fifteen
dollars annually.
(3) The annual license tax for commercial cargo aircraft
shall be seven hundred fifty dollars per aircraft.
(E) The department of transportation shall maintain all
registrations filed with it under this section and shall develop a
program to track and enforce the registration of aircraft based in
this state.
(F) The taxes this section requires are in lieu of all other
taxes on or with
respect to ownership of an aircraft.
(G) The director of transportation shall impose a fine
pursuant to section 4561.22 of the Revised Code for each aircraft
that an owner fails to register as this section requires and shall
require the owner to register the aircraft within the time the
director specifies. The director may impose a separate fine for
each registration period during which the owner fails to register
the aircraft.
(H) As used in this section, "commercial cargo aircraft"
means any aircraft used in connection with an all-cargo operation,
as defined in 14 C.F.R. 119.3.
Sec. 4561.21. (A) The director of transportation shall
deposit all aircraft transfer fees in the state treasury to the
credit of the general fund.
(B) The director shall deposit all aircraft
license taxes
and fines in the state treasury to the
credit of the airport
assistance fund, which is hereby created.
Money in the fund shall
be used for maintenance and capital
improvements to publicly
owned airports, and the director shall
distribute the money to
eligible recipients in accordance with
such procedures,
guidelines, and criteria as the director shall
establish.
Sec. 4729.42. (A) As used in this section, "qualified
pharmacy technician" means a person who is under the personal
supervision of a pharmacist and to whom
all of the following
apply:
(1) The person is eighteen years of age or older.
(2) The person possesses a high school diploma, possesses a
certificate of high school equivalence, or was employed prior to
the effective date of this section April 8, 2009, as a pharmacy
technician
without a high school diploma or a certificate of
high school
equivalence.
(3) The person has passed an examination approved by the
state board of pharmacy to determine a person's competency to
perform services as a pharmacy technician.
(4) Except as otherwise provided in this section, the person
has submitted to a criminal records check in
accordance with
section 4776.02 of the Revised Code as if the
person was an
applicant for an initial license who is subject to
that section,
and the results of the criminal records check provided as
described in that section and section 4776.04 of the Revised Code
do not
show that
the person previously has been convicted of or
pleaded
guilty to
any felony in this state, any other state, or
the United
States.
(B) Except as provided in division (E)(F) of this section, no
person who is not a pharmacist, pharmacy
intern, or qualified
pharmacy technician shall do any
of the following in a
pharmacy
or while performing a function of a pharmacy:
(1) Engage in the compounding of any drug;
(2) Package or label any drug;
(3) Prepare or mix any intravenous drug to be injected
into
a human being.
(C) No pharmacist shall allow any person employed
or
otherwise under the control of the pharmacist to violate
division
(B) of this section.
(D) No person who owns, manages, or conducts a pharmacy shall
allow any person employed or otherwise under the
control of the
person who owns, manages, or conducts the pharmacy
to violate
division (B) of this section.
(E) No person who submits to a criminal records check in
accordance with section 4776.02 of the Revised Code for the
purpose of satisfying the criterion set forth in division (A)(4)
of this section and who obtains a report pursuant to section
4776.02 or 4776.04 of the Revised Code containing the results of
the criminal records check and any information provided by the
federal bureau of investigation shall modify or alter, or allow
any other person to modify or alter, any item, record, or
information contained in the report and thereafter use the
modified or altered report for the purpose of satisfying the
criterion set forth in division (A)(4) of this section or
otherwise submit or use it for any purpose or in any manner
identified in division (A) of section 2921.13 of the Revised Code.
(F)(1) Division (B) of this section does not prohibit a
health care professional authorized to engage in the activities
specified in division (B)(1), (2), or (3) of this section while
acting in the course of the professional's practice.
(2) Division (B) of this section does not prohibit the
activities performed by a student as an integral part of a
pharmacy technician training program that is operated by a
vocational school district or joint vocational school district,
certified by the department of education, or approved by the Ohio
board of regents.
(3) In the case of a person employed after the effective date
of this section April 8, 2009, division (B) of this section does
not prohibit
the person's activities for the first two hundred
ten days
following the initial date of employment, if both of
the following
apply:
(a) The person is participating in or has completed a
pharmacy technician
training program that meets the board's
standards for those
programs and is making substantial progress
in preparation to take
a pharmacy technician examination approved
by the board.
(b) The results of the person's criminal records check
provided as described in sections 4776.02 and 4776.04 of the
Revised Code show
that the person previously has not been
convicted of or has not
pleaded guilty to any felony in this
state, any other state, or
the United States.
(4) In the case of a person who completes a pharmacy
technician training program that is operated by a vocational
school district or joint vocational school district, division (B)
of this section does not prohibit the person's activities for the
first two hundred ten days following the date of completing the
program, if both of the following apply:
(a) The person is making substantial progress in preparation
to take a pharmacy technician examination approved by the board.
(b) The results of the person's criminal records check show
that the person previously has not been convicted of or has not
pleaded guilty to any felony in this state, any other state, or
the United States.
(5) In the case of a person employed on the effective date of
this section April 8, 2009, in the capacity of a pharmacy
technician, division
(B) of this section does not do either of
the following:
(a) Require the person to undergo a criminal records check if
the person has been employed for five years or longer;
(b)
Prohibit the person's activities
until the earlier of
either of the following:
(i) If the person has not passed an examination described in
division (A)(3) of this section, one year after the effective date
of this section April 8, 2009;
(ii) If a criminal records check is required because the
person has not been employed for five years or longer, the date on
which the person and the employer receive the
results of a
criminal records check provided as described in sections 4776.02
and 4776.04 of the Revised Code that show the person
previously
has been
convicted of or pleaded guilty to any felony
in this
state, any
other state, or the United States.
Sec. 4729.99. (A) Whoever violates section 4729.16,
division
(A) or (B) of section 4729.38, or section 4729.57 of the
Revised
Code is guilty of a minor misdemeanor. Each day's
violation
constitutes a separate offense.
(B) Whoever violates section 4729.27, 4729.28, or 4729.36
of
the Revised Code is guilty of a misdemeanor of the
third
degree.
Each day's violation constitutes a separate offense.
If
the
offender previously has been convicted of or pleaded guilty
to a
violation of this
chapter, that person is guilty of a
misdemeanor
of the second
degree.
(C) Whoever violates section 4729.32, 4729.33, or 4729.34
of
the Revised Code is guilty of a misdemeanor.
(D) Whoever violates division (A), (B), (D), or (E) of
section 4729.51 of the Revised Code is guilty of a misdemeanor of
the first degree.
(E)(1) Whoever violates section 4729.37, division (C)(2) of
section 4729.51, division (J) of section 4729.54, or section
4729.61 of the Revised Code is guilty of a felony of the
fifth
degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this chapter or a violation of
Chapter 2925. or 3719. of the Revised Code, that person is guilty
of a felony
of the fourth degree.
(2) If an offender is convicted of or pleads guilty to a
violation of section 4729.37, division (C) of section 4729.51,
division (J) of section 4729.54, or section 4729.61 of the
Revised
Code, if the violation involves the sale, offer to
sell, or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender as a result
of the violation
is a major drug offender, as defined in section
2929.01 of
the
Revised Code, and is guilty of a specification of the type
described in
section 2941.1410 of the Revised Code, the court, in
lieu of the prison term authorized or required by division (E)(1)
of
this section and sections 2929.13 and 2929.14 of the Revised
Code and in addition to any other sanction imposed for the offense
under sections 2929.11 to 2929.18 of the Revised
Code, shall
impose upon the offender, in accordance with division
(D)(3)(a) of
section 2929.14 of the Revised
Code, the mandatory prison term
specified in that
division and may
impose an additional prison
term under division
(D)(3)(b) of that section.
(3) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of court shall pay any
fine imposed
for a violation of section 4729.37, division (C) of
section
4729.51,
division (J) of section 4729.54, or section 4729.61 of
the
Revised Code pursuant to division (A)
of section
2929.18 of
the Revised Code in accordance with
and subject
to the
requirements of division (F) of section 2925.03
of the
Revised
Code. The agency that receives the
fine shall use
the fine as
specified in division (F) of section 2925.03
of the
Revised Code.
(F) Whoever violates section 4729.531 of the Revised Code
or
any rule adopted thereunder or section 4729.532 of the Revised
Code is guilty of a misdemeanor of the first degree.
(G) Whoever violates division (C)(1) of
section 4729.51
of
the Revised Code is guilty of a felony of the
fourth
degree. If
the offender has previously been convicted of or
pleaded guilty to
a
violation of
this chapter, or of a violation of Chapter 2925. or
3719. of the
Revised Code, that person is guilty of a felony of
the
third degree.
(H) Whoever violates division (C)(3) of section 4729.51
of
the Revised Code is guilty of a misdemeanor of the first
degree.
If the offender has previously been convicted of or pleaded guilty
to a violation of this chapter, or of a violation of Chapter 2925.
or
3719. of the Revised Code, that person is guilty of a felony of
the fifth degree.
(I)(1) Whoever violates division (B) of section 4729.42 of
the Revised Code is
guilty of unauthorized pharmacy-related drug
conduct. Except as
otherwise provided in this section,
unauthorized pharmacy-related
drug conduct is a misdemeanor of
the second degree. If the offender
previously has been convicted
of or pleaded guilty to a violation
of division (B), (C), or (D),
or (E)
of that section, unauthorized
pharmacy-related drug
conduct is a
misdemeanor of the first degree on a second offense
and a felony
of the fifth degree on a third or subsequent offense.
(2) Whoever violates division (C) or (D) of section 4729.42
of the Revised Code is
guilty of permitting unauthorized
pharmacy-related drug conduct.
Except as otherwise provided in
this section, permitting
unauthorized pharmacy-related drug
conduct is a misdemeanor of the
second degree. If the offender
previously has been convicted of or
pleaded guilty to a violation
of division (B), (C), or (D), or (E) of that
section, permitting
unauthorized pharmacy-related drug conduct is
a misdemeanor of
the first degree on a second offense and a felony of the fifth
degree on a third or subsequent offense.
(3) Whoever violates division (E) of section 4749.02 of the
Revised Code is guilty of the offense of falsification under
section 2921.13 of the Revised Code. In addition to any other
sanction imposed for the violation, the offender is forever
disqualified from engaging in any activity specified in division
(B)(1), (2), or (3) of section 4749.02 of the Revised Code and
from performing any function as a health care professional or
health care worker. As used in this division, "health care
professional" and "health care worker" have the same meanings as
in section 2305.234 of the Revised Code.
(4) Notwithstanding any contrary
provision of section
3719.21 of the Revised Code or any other
provision of law that
governs the distribution of fines, the clerk
of the court shall
pay any fine imposed pursuant to division (I)(1) or, (2), or (3)
of this
section
to the state board of pharmacy if the board has
adopted a
written
internal control policy under division (F)(2)
of section
2925.03
of the Revised Code that addresses fine
moneys that it
receives
under Chapter 2925. of the Revised Code
and if the
policy also
addresses fine moneys paid under this
division. The
state board of
pharmacy shall use the fines so
paid in accordance
with the
written internal control policy to
subsidize the board's
law
enforcement efforts that pertain to
drug offenses.
Sec. 4776.02. (A) An applicant for an initial license or
restored license from a licensing agency, or a person seeking to
satisfy the criteria for being a qualified pharmacy technician
that are specified in section 4729.42 of the Revised Code, shall
submit a request to
the bureau of criminal identification and
investigation for a
criminal records check of the applicant or
person. The request shall be
accompanied by a completed copy of
the form prescribed under
division (C)(1) of section 109.572 of
the Revised Code, a set of
fingerprint impressions obtained as
described in division (C)(2)
of that section, and the fee
prescribed under division (C)(3) of
that section. The applicant
or person shall ask the superintendent of the
bureau of criminal
identification and investigation in the request
to obtain from
the federal bureau of investigation any information
it has
pertaining to the applicant or person.
An applicant or person requesting a criminal records check
shall
provide the bureau of criminal identification and
investigation
with the applicant's or person's name and address
and, regarding an applicant, with the licensing
agency's name and
address.
(B) Upon receipt of the completed form, the set of
fingerprint impressions, and the fee provided for in division (A)
of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal
records
check of the applicant or person under division (B) of
section
109.572 of the Revised Code. Upon completion of the
criminal
records check, the superintendent shall report the
results of the
criminal records check and any information the
federal bureau of
investigation provides to do whichever of the
following is
applicable:
(1) If the request was submitted by an applicant for an
initial license or restored license, report the results of the
criminal records check and any information the federal bureau of
investigation provides to the licensing agency
identified in the
request for a criminal records check;
(2) If the request was submitted by a person seeking to
satisfy the criteria for being a qualified pharmacy technician
that are specified in section 4729.42 of the Revised Code, do both
of the following:
(a) Report the results of the criminal records check and any
information the federal bureau of investigation provides to the
person who submitted the request and;
(b) Report the results of the portion of the criminal records
check performed by the bureau of criminal identification and
investigation under division (B)(1) of section 109.572 of the
Revised Code to the employer or potential
employer specified in
the request of the person who submitted the request and send a
letter to that employer or potential employer regarding the
information provided by the federal bureau of investigation that
states either that based on that information there is no record of
any conviction or that based on that information the person who
submitted the request may not meet the criteria that are specified
in section 4729.02 of the Revised Code, whichever is applicable.
Sec. 4776.04. The results of any criminal records check
conducted pursuant to a request made under this chapter and any
report containing those results, including any information the
federal bureau of investigation provides, are not public records
for purposes of section 149.43 of the Revised Code and shall not
be made available to any person or for any purpose other than as
follows:
(A) If the request for the criminal records check was
submitted by an applicant for an initial license or restored
license, as follows:
(1) The superintendent of the bureau of criminal
identification and investigation shall make the results available
to the licensing agency for use in determining, under the agency's
authorizing chapter of the Revised Code, whether the applicant who
is the subject of the criminal records check should be granted a
license under that chapter.
(2) The licensing agency shall make the results available
to
the applicant who is the subject of the criminal records check
or
to the applicant's representative.
(B) If the request for the criminal records check was
submitted by a person seeking to satisfy the criteria for being a
qualified pharmacy technician that are specified in section
4729.42 of the Revised Code, the superintendent of the bureau of
criminal identification and investigation shall make the results
available to both of in accordance with the following:
(1) The superintendent shall make the results of the criminal
records check, including any information the federal bureau of
investigation provides, available to the person who submitted the
request and is the
subject
of the criminal records check;.
(2) The superintendent shall make the results of the portion
of the criminal records check performed by the bureau of criminal
identification and investigation under division (B)(1) of section
109.572 of the Revised Code available to the employer or potential
employer specified in the
request of the person who submitted the
request and shall send a letter of the type described in division
(B)(2) of section 4776.02 of the Revised Code to that employer or
potential employer regarding the information provided by the
federal bureau of investigation that contains one of the types of
statements described in that division.
Sec. 4905.801. (A) No person shall transport or cause to be
transported any shipment of material that is subject to division
(A)(1) of section 4163.07 of the Revised Code within, into, or
through this state by rail or motor carrier unless the person, at
least four days prior to the date of the shipment, pays to the
public utilities commission the following fees for each shipment:
(1) Two thousand five hundred dollars for each shipment by a
motor carrier;
(2) Four thousand five hundred dollars for the first cask
designated for transport by rail and three thousand dollars for
each additional cask designated for transport by rail that is
shipped by the same person or entity in the same shipment.
(B)(1) This section does not apply to either of the
following:
(a) Any shipment of material that is subject to division
(A)(1) of section 4163.07 of the Revised Code by or for the United
States government for military or national defense purposes;
(b) Any shipment of material that is subject to division
(A)(1) of section 4163.07 of the Revised Code to or from a plant
that is owned by the United States department of energy and that
is located in this state or to or from entities that operate on
land located in this state that is owned or controlled by the
United States department of energy or the United States department
of defense.
(2) Except as provided in division (B)(1)(a) and (b) of this
section, this section applies to all other shipments of any
material that is subject to division (A)(1) of section 4163.07 of
the Revised Code by or for the United States government to the
extent permitted by federal law.
(C) Whoever violates division (A) of this section is liable
for a civil penalty in an amount not to exceed ten times the
amount of the fee that is due under this section. The attorney
general, upon the request of the public utilities commission,
shall bring a civil action to collect the penalty. Penalties
collected under this section shall be deposited in the state
treasury to the credit of the radioactive waste transportation
fund created in section 4905.802 of the Revised Code.
Sec. 4905.802. (A)(1) All fees collected under section
4905.801 of the Revised Code shall be credited to the radioactive
waste transportation fund, which is hereby created in the state
treasury. All investment earnings of the fund shall be credited to
it.
(2) Money in the radioactive waste transportation fund shall
be used only for the following purposes related to the shipment of
material that is subject to division (A)(1) of section 4163.07 of
the Revised Code as determined by the public utilities commission:
(a) State and local expenses, including inspections, escorts,
security, emergency management services, and accident response;
(b) Planning, coordination, education, and training of
emergency response providers, law enforcement agencies, and other
appropriate state or local entities;
(c) Purchase and maintenance of monitoring, medical, safety,
or emergency response equipment and supplies;
(d) Administrative costs of the commission and other state or
local entities;
(e) Other similar expenses determined by the commission to be
appropriate.
(B)(1) The commission may adopt rules as necessary to
implement sections 4905.801 and 4905.802 of the Revised Code.
(2) In administering section 4905.801 of the Revised Code,
the commission shall work with any department or agency of
federal, state, or local government that also regulates the
shipment of material that is subject to division (A)(1) of section
4163.07 of the Revised Code.
(3) Subject to division (C) of section 4163.07 of the Revised
Code, the commission, consistent with national security
requirements, may notify any law enforcement agency or other state
or local entity affected by the shipment that the commission
considers necessary for public safety.
(4) Not later than December 31, 2010, the commission shall
prepare and submit to both houses of the general assembly a report
on the fees received by the commission under section 4905.801 of
the Revised Code and on expenditures made from the radioactive
waste transportation fund.
Sec. 4928.64. (A)(1) As used in sections 4928.64 and 4928.65
of
the Revised Code, "alternative energy resource" means an
advanced
energy
resource or renewable
energy resource, as
defined in section 4928.01 of the Revised Code that has a
placed-in-service
date of January
1, 1998, or after; a renewable
energy resource created on or after January 1, 1998, by the
modification or retrofit of any facility placed in service prior
to January 1, 1998; or a
mercantile customer-sited
advance
advanced
energy resource or renewable
energy resource, whether
new
or
existing, that the mercantile
customer commits for
integration
into the electric distribution
utility's
demand-response, energy
efficiency, or peak demand
reduction
programs as provided under
division (B)(A)(2)(b)(c) of
section
4928.66 of the Revised Code,
including, but not limited
to, any
of the following:
(a) A resource that has the effect of improving the
relationship between real and reactive power;
(b) A resource that makes efficient use of waste heat or
other thermal capabilities owned or controlled by a mercantile
customer;
(c) Storage technology that allows a mercantile customer more
flexibility to modify its demand or load and usage
characteristics;
(d) Electric generation equipment owned or controlled by a
mercantile customer that uses an advanced energy resource or
renewable energy resource;
(e) Any advanced energy resource or renewable energy resource
of the mercantile customer that can be utilized effectively as
part of any advanced energy resource plan of an electric
distribution utility and would otherwise qualify as an alternative
energy resource if it were utilized directly by an electric
distribution utility.
(2) For the purpose of this section and as it considers
appropriate, the public utilities commission may classify any new
technology as such an advanced energy resource or a renewable
energy resource.
(B)
By 2025 and thereafter, an electric distribution utility
shall provide
from
alternative energy resources, including, at
its discretion, alternative energy resources obtained pursuant to
an electricity supply contract, a portion of the electricity
supply
required
for
its standard service offer under section
4928.141
of
the
Revised
Code, and an electric services company
shall
provide a
portion of its electricity supply for retail
consumers
in this state from alternative energy resources,
including, at its discretion, alternative energy resources
obtained pursuant to an electricity supply contract. That
portion
shall equal twenty-five per cent of
the
total
number of
kilowatt hours of electricity sold by
the subject
utility or
company
to any and all retail electric consumers whose electric
load
centers
are
served by that utility and are located within
the
utility's
certified
territory or, in the
case of an
electric
services
company, are served by the company and are
located
within this
state.
However,
nothing in this section
precludes
a utility or
company from
providing a
greater
percentage. The
baseline for a utility's or company's compliance
with the
alternative energy resource requirements of this section
shall be
the average of
such total kilowatt hours it sold in the
preceding
three calendar years, except that the commission may
reduce a
utility's or company's baseline to adjust for new
economic growth
in the utility's certified territory or, in the
case of an
electric services company, in the company's service
area in this
state.
Of the alternative energy resources implemented by
the
subject
utility or
company by 2025 and thereafter:
(1) Half may be generated from
advanced energy
resources;
(2) At least half shall be generated from renewable
energy
resources, including one-half
per cent from solar energy
resources, in
accordance with the
following benchmarks:
By end of year |
Renewable energy resources |
Solar energy resources |
2009 |
0.25% |
0.004% |
2010 |
0.50% |
0.010% |
2011 |
1% |
0.030% |
2012 |
1.5% |
0.060% |
2013 |
2% |
0.090% |
2014 |
2.5% |
0.12% |
2015 |
3.5% |
0.15% |
2016 |
4.5% |
0.18% |
2017 |
5.5% |
0.22% |
2018 |
6.5% |
0.26% |
2019 |
7.5% |
0.3% |
2020 |
8.5% |
0.34% |
2021 |
9.5% |
0.38% |
2022 |
10.5% |
0.42% |
2023 |
11.5% |
0.46% |
2024 and each calendar year thereafter |
12.5% |
0.5% |
(3) At least one-half of the renewable energy resources
implemented by
the
utility or company shall
be met
through
facilities located in this state; the remainder
shall be met with
resources that can be shown to be deliverable into this
state.
(C)(1) The commission annually shall review
an electric
distribution utility's or electric services
company's compliance
with the most recent
applicable benchmark
under division (B)(2)
of this section and, in the course of that
review, shall identify
any undercompliance or noncompliance of the
utility or company
that it determines is weather-related, related
to equipment or
resource shortages for advanced energy or
renewable energy
resources as applicable, or is otherwise outside
the utility's or
company's control.
(2) Subject to the cost cap provisions of division (C)(3) of
this section, if
the commission
determines,
after notice
and
opportunity for hearing, and based
upon its findings in that
review regarding avoidable
undercompliance or noncompliance, but
subject to division (C)(4) of this section, that
the
utility or
company
has failed
to comply
with any such
benchmark,
the
commission
shall impose a renewable
energy
compliance
payment
on the
utility or company.
(a) The compliance payment pertaining to the solar energy
resource benchmarks under division (B)(2) of this section shall be
an amount per megawatt hour of undercompliance or noncompliance in
the period under review, starting at four hundred fifty dollars
for 2009, four hundred dollars for 2010 and 2011, and similarly
reduced every two years thereafter through 2024 by fifty dollars,
to a minimum of fifty dollars.
(b) The compliance payment pertaining to
the renewable
energy resource benchmarks under division (B)(2) of this section
shall equal the number of additional
renewable energy credits
that
the electric distribution utility or electric services
company would have
needed to comply with
the
applicable
benchmark in the period
under review times an
amount that shall
begin at forty-five dollars and shall be
adjusted annually by the
commission to reflect any change in the
consumer price index as
defined in section 101.27 of the Revised
Code, but shall not be
less than forty-five dollars.
(c) The compliance payment shall not be passed through by the
electric distribution
utility or electric services company to
consumers. The compliance payment shall be
remitted to
the
commission, for deposit to the credit of the
advanced energy fund
created under section 4928.61 of the Revised
Code. Payment of the
compliance
payment shall be
subject to
such collection and
enforcement
procedures as apply to
the
collection of a
forfeiture under
sections 4905.55 to 4905.60
and 4905.64 of the
Revised Code.
(3) An electric distribution utility or an electric services
company need not comply with a benchmark under division (B)(1) or
(2) of this section to the extent that its reasonably expected
cost of that compliance exceeds its reasonably expected cost of
otherwise producing or acquiring the requisite electricity by
three per cent or more.
(4)(a) An electric distribution utility or electric services
company may request the commission to make a force majeure
determination pursuant to this division regarding all or part of
the utility's or company's compliance with any minimum benchmark
under division (B)(2) of this section during the period of review
occurring pursuant to division (C)(2) of this section. The
commission may require the electric distribution utility or
electric services company to make solicitations for renewable
energy resource credits as part of its default service before the
utility's or company's request of force majeure under this
division can be made.
(b) Within ninety days after the filing of a request by an
electric distribution utility or electric services company under
division (C)(4)(a) of this section, the commission shall determine
if renewable energy resources are reasonably available in the
marketplace in sufficient quantities for the utility or company to
comply with the subject minimum benchmark during the review
period. In making this determination, the commission shall
consider whether the electric distribution utility or electric
services company has made a good faith effort to acquire
sufficient renewable energy or, as applicable, solar energy
resources to so comply, including, but not limited to, by banking
or seeking renewable energy resource credits or by seeking the
resources through long-term contracts. Additionally, the
commission shall consider the availability of renewable energy or
solar energy resources in this state and other jurisdictions in
the PJM interconnection regional transmission organization or its
successor and the midwest system operator or its successor.
(c) If, pursuant to division (C)(4)(b) of this section, the
commission determines that renewable energy or solar energy
resources are not reasonably available to permit the electric
distribution utility or electric services company to comply,
during the period of review, with the subject minimum benchmark
prescribed under division (B)(2) of this section, the commission
shall modify that compliance obligation of the utility or company
as it determines appropriate to accommodate the finding.
Commission modification shall not automatically reduce the
obligation for the electric distribution utility's or electric
services company's compliance in subsequent years. If it modifies
the electric distribution utility or electric services company
obligation under division (C)(4)(c) of this section, the
commission may require the utility or company, if sufficient
renewable energy resource credits exist in the marketplace, to
acquire additional renewable energy resource credits in subsequent
years equivalent to the utility's or company's modified obligation
under division (C)(4)(c) of this section.
(5) The commission shall establish a process to provide for
at least an annual review of the alternative energy resource
market in this
state and in the service territories of the
regional transmission
organizations that manage transmission
systems located in this
state. The commission shall use the
results of this study to
identify any needed changes to the
amount of the renewable
energy
compliance payment specified
under divisions (C)(2)(a) and (b) of
this
section.
Specifically, the commission may increase the
amount
to
ensure
that payment of compliance payments is not used
to
achieve
compliance with this section in lieu of actually
acquiring or
realizing
energy derived from renewable energy
resources.
However, if the
commission
finds that the amount of
the
compliance payment should
be
otherwise changed, the
commission
shall present this finding
to
the general assembly
for
legislative enactment.
(D)(1) The commission annually shall submit to the general
assembly in accordance with section 101.68 of the Revised Code a
report describing the compliance of electric distribution
utilities and electric services companies with division (B) of
this section and any strategy for
utility and company compliance
or for encouraging the use of
alternative
energy resources
in
supplying
this state's electricity needs in
a manner
that
considers
available technology, costs, job creation,
and
economic
impacts. The commission shall allow and consider
public
comments
on the report prior to its submission to the
general
assembly.
Nothing in the report shall be binding on any
person,
including
any utility or company for the purpose of its
compliance
with any
benchmark
under division (B) of this
section, or the
enforcement
of that
provision under division
(C) of this section.
(2) The governor, in consultation with the commission
chairperson,
shall appoint an alternative energy advisory
committee. The
committee shall examine available technology for
and related
timetables, goals, and costs of the alternative
energy resource requirements
under division (B) of this section
and shall
submit to the
commission a semiannual report of its
recommendations.
(E) All costs incurred by an electric distribution
utility
in complying with the
requirements of this section shall be
bypassable by any consumer
that has exercised choice of supplier
under section 4928.03 of the
Revised Code.
Sec. 4928.65. An electric distribution utility or electric
services company may use
renewable energy credits any time in
the
five calendar years following the date of their purchase or
acquisition from any
entity, including, but not limited to, a
mercantile customer or an owner or operator of a hydroelectric
generating facility that is located at a dam on a river, or on any
water discharged to a river, that is
within or bordering this
state or within or bordering an adjoining
state, for
the
purpose of complying with the
renewable energy
and solar
energy
resource
requirements of
division (B)(2) of
section
4928.64 of
the Revised
Code. The
public
utilities
commission
shall adopt
rules
specifying that
one unit of
credit shall
equal one
megawatt
hour
of
electricity derived
from
renewable energy
resources, except that, for a generating facility of seventy-five
megawatts or greater that is situated within this state and has
committed by December 31, 2009, to modify or retrofit its
generating unit or units to enable the facility to generate
principally from biomass energy by June 30, 2013, each megawatt
hour of electricity generated principally from that biomass energy
shall equal, in units of credit, the product obtained by
multiplying the actual percentage of biomass feedstock heat
input
used to generate such megawatt hour by the quotient obtained
by
dividing the then existing unit dollar amount used to determine a
renewable energy compliance payment as provided
under division
(C)(2)(b) of section 4928.64 of the Revised Code by
the then
existing market value of one renewable energy credit, but
such
megawatt
hour shall not equal less than one unit of credit.
The
rules
also shall
provide
for
this state a
system
of
registering
renewable
energy
credits
by specifying
which of
any
generally
available
registries
shall be used for
that
purpose and
not
by
creating
a
registry. That selected
system
of
registering
renewable energy credits shall allow a
hydroelectric
generating
facility to be eligible for obtaining
renewable energy
credits
and shall allow customer-sited projects
or actions the
broadest
opportunities to be eligible for
obtaining renewable
energy
credits.
Sec. 4981.02. (A) There is hereby created the Ohio rail
development commission, as an independent agency of the state
within the department of transportation, consisting of six
seven
members appointed by the governor with the advice and consent of
the senate, two members of the Ohio senate, one of whom shall be
appointed by and serve at the pleasure of the president of the
senate and one of whom shall be appointed by and serve at the
pleasure of the minority leader of the senate, two members of the
Ohio house of representatives, one of whom shall be appointed by
and serve at the pleasure of the speaker of the house of
representatives and one of whom shall be appointed by and serve
at
the pleasure of the minority leader of the house of
representatives, and two members representing the general public,
one of whom shall be appointed by the president of the senate and
one of whom shall be appointed by the speaker of the house of
representatives. The director of transportation and the director
of development, or their designees, shall be ex officio members
of
the commission. Of the members appointed by the governor, one
shall serve as chairman of the commission, one shall represent
the
interests of a freight rail company, one shall represent the
interests of passenger rail service, one shall have expertise in
infrastructure financing, one shall represent the interests of
organized labor, one shall represent the interests of
manufacturers and have contracting responsibility for rail and
nonrail freight transportation, and one shall represent the
general public. All
members shall be reimbursed for actual
expenses incurred in the
performance of their duties. The members
of the commission from
the Ohio senate and the Ohio house of
representatives shall serve
as nonvoting members. No more than
four members of the six seven
appointed to the commission by the
governor shall be from the
same political party. Each member of
the commission shall be a
resident of this state.
(B) Within sixty days after the effective date of this
amendment, the governor shall make initial appointments to the
commission. Of the initial appointments made to the commission,
three shall be for a term ending three years after the effective
date of this amendment, and three shall be for a term ending six
years after that date. Terms for all other appointments made to
the commission shall be for six years. Vacancies shall be filled
in the
manner provided for original
appointments. Any member
appointed to fill a vacancy shall have
the
same qualifications as
his predecessor. Each term shall end on
the same day of the same
month of the year as did the term which
it succeeds. Each
appointed member shall hold office from the
date of his
appointment until the end of the term for which he
was appointed.
Any member appointed to fill a vacancy before the
expiration of
the term for which his predecessor was appointed
shall hold office
for the remainder of that term. Any appointed
member shall
continue in office subsequent to the expiration date
of his term
until his successor takes office, or for a period of
sixty days,
whichever occurs first. All members shall be
eligible for
reappointment.
(C) The commission may employ an executive director, who
shall have appropriate experience as determined by the
commission,
and a secretary-treasurer and other employees that
the commission
considers appropriate. The commission may fix the
compensation of
the employees.
(D) Six members of the commission shall constitute a
quorum,
and the affirmative vote of five six members shall be
necessary
for any action taken by the commission. No vacancy in
the
membership of the commission shall impair the rights of a
quorum
to exercise all the rights and perform all the duties of
the
commission.
(E) All members of the commission are subject to Chapter
102.
of the Revised Code.
(F) The department of transportation may use all
appropriate
sources of revenue to assist the commission in
developing and
implementing rail service.
(G) Expenditures by the department of transportation, the
Ohio rail development commission, or any other state agency for
capital improvements for the development of passenger rail shall
be subject to the approval of the controlling board with an
affirmative vote of not fewer than five members, including the
affirmative vote of a majority of the controlling board members
appointed by the president of the senate and a majority of the
controlling board members appointed by the speaker of the house of
representatives. All public funds acquired by the commission shall
be
used
for developing, implementing, and regulating rail
service
and not
for operating rail service unless the general
assembly
specifically approves the expenditure of funds for
operating rail
service.
Sec. 4981.40. In any overall programmatic environmental
impact study or other comprehensive high-speed rail project
development study, the department of transportation and the rail
development commission shall include all federally designated
high-speed rail corridors in Ohio and all passenger rail corridors
in the Ohio hub study.
The department of transportation and the rail development
commission shall work with Amtrak to examine methods to improve
existing service
between Toledo and Cleveland with a goal of
creating optimum
service to connect the planned Cleveland,
Columbus, Dayton, and
Cincinnati service.
The department of transportation and the rail development
commission shall examine the financial and economic feasibility of
developing a passenger rail system between Toledo and Columbus,
including necessary characteristics of a viable connection between
the cities.
Sec. 5501.03. (A) The department of transportation shall:
(1) Exercise and perform such other duties, powers, and
functions as are conferred by law on the director, the
department,
the assistant directors, the deputy directors, or on
the divisions
of the department;
(2) Coordinate and develop, in cooperation with local,
regional, state, and federal planning agencies and authorities,
comprehensive and balanced state policy and planning to meet
present and future needs for adequate transportation facilities
in
this state, including recommendations for adequate funding of
the
implementation of such planning;
(3) Coordinate its activities with those of other
appropriate
state departments, public agencies, and authorities,
and enter
into any contracts with such departments, agencies, and
authorities as may be necessary to carry out its duties, powers,
and functions;
(4) Cooperate with and assist the public utilities
commission
in the commission's administration of sections 4907.47
to 4907.476
of the Revised Code, particularly with respect to the
federal
highway administration.;
(5) Cooperate with and assist the Ohio power siting board in
the board's administration of Chapter 4906. of the Revised Code;
(6) Give particular consideration to the development of
policy and planning for public transportation facilities, and to
the coordination of associated activities relating thereto, as
prescribed under divisions (A)(2) and (3) of this section;
(6)(7) Conduct, in cooperation with the Ohio legislative
service commission, any studies or comparisons of state traffic
laws and local traffic ordinances with model laws and ordinances
that may be required to meet program standards adopted by the
United States department of transportation pursuant to the
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401;
(7)(8) Prepare, print, distribute, and advertise books, maps,
pamphlets, and other information that, in the judgment of the
director, will inform the public and other governmental
departments, agencies, and authorities as to the duties, powers,
and functions of the department;
(8)(9) In its research and development program, consider
technologies for
improving roadways, including construction
techniques and materials to prolong project life, being used or
developed by
other states
that have geographic, geologic, or
climatic features similar to this state's,
and collaborate with
those states in that development.
(B) Nothing contained in division (A)(1) of this section
shall
be held to in any manner affect, limit, restrict, or
otherwise
interfere with the exercise of powers relating to
transportation
facilities by appropriate agencies of the federal
government, or
by counties, municipal corporations, or other
political
subdivisions or special districts in this state
authorized by law
to exercise such powers.
(B)(C) The department may use all appropriate sources of
revenue to assist in the development and implementation of rail
service as defined by division (C) of section 4981.01 of the
Revised Code.
(C)(D) The director of transportation may enter into
contracts with public
agencies including political subdivisions,
other state agencies, boards,
commissions, regional transit
authorities, county transit boards, and port
authorities,
to
administer the design,
qualification of bidders,
competitive
bid
letting, construction
inspection, and acceptance of any projects
administered by the
department, provided the
administration of
such projects is
performed in accordance with all applicable
state and federal laws
and regulations with oversight by the
department.
Sec. 5501.311. (A) Notwithstanding sections 123.01 and
127.16 of the Revised Code the director of transportation may
lease or lease-purchase all or any part of a transportation
facility to or
from one
or more persons, one or more governmental
agencies, a
transportation improvement district, or any
combination thereof,
and, in
conjunction therewith, may grant
leases, easements, or
licenses
for lands under the control of
the
department of
transportation.
The director may adopt rules
necessary to give effect to this
section.
(B) Plans and specifications for the construction of a
transportation facility under a lease or lease-purchase agreement
are subject
to
approval of the director and must meet or exceed
all applicable
standards of the department.
(C) Any lease or lease-purchase agreement under which the
department is the
lessee shall be for a period not exceeding the
then current
two-year period for which appropriations have been
made by the
general assembly to the department, and such agreement
may
contain such other terms as the department and the other
parties
thereto agree, notwithstanding any other provision of law,
including provisions that rental payments in amounts sufficient
to
pay bond service charges payable during the current two-year
lease
term shall be an absolute and unconditional obligation of
the
department independent of all other duties under the
agreement
without set-off or deduction or any other similar
rights or
defenses. Any such agreement may provide for renewal
of the
agreement at the end of each term for another term, not
exceeding
two years, provided that no renewal shall be effective
until the
effective date of an appropriation enacted by the
general assembly
from which the department may lawfully pay
rentals under such
agreement. Any such agreement may
include, without limitation,
any
agreement by the department with
respect to any costs of
transportation facilities to be included
prior to acquisition and
construction of such transportation
facilities. Any such
agreement
shall not constitute a debt
or pledge of the faith and
credit of
the state, or of any
political subdivision of the state,
and the
lessor shall have no
right to have taxes or excises levied
by the
general assembly, or
the taxing authority of any political
subdivision of the state,
for the payment of rentals thereunder.
Any such agreement
shall contain a statement to that effect.
(D) A municipal corporation, township, or county may use
service payments in
lieu of taxes credited to special funds or
accounts pursuant to sections
5709.43, 5709.75, and 5709.80 of the
Revised Code to provide its contribution
to the cost of a
transportation facility, provided such facility was among the
purposes for which such service payments were authorized. The
contribution
may be in the form of a lump sum or periodic
payments.
(E) Pursuant to
47
U.S.C.
332," the
"Telecommunications Act
of
1966
1996,"
110
Stat. 152, 47 U.S.C. 332 note, the director may
grant a lease, easement, or license in
a
transportation facility
to a telecommunications service provider
for
construction,
placement, or operation of a telecommunications
facility. An
interest granted under this section division is subject to
all of
the following
conditions:
(1) The
transportation facility is owned in fee simple or
easement by this
state at the time the lease, easement, or
license
is granted to the telecommunications provider.
(2) The lease, easement, or license shall be granted on a
competitive
basis in accordance with policies and procedures to be
determined by the
director. The policies and procedures may
include provisions for master
leases
for multiple sites.
(3) The telecommunications facility shall be designed to
accommodate the
state's multi-agency radio communication system,
the intelligent
transportation
system, and the department's
communication system as the director may
determine
is necessary
for highway or other departmental purposes.
(4) The telecommunications facility shall be designed to
accommodate
such additional telecommunications equipment as may
feasibly be co-located
thereon as determined in the discretion of
the director.
(5) The telecommunications service providers awarded the
lease,
easement, or license, agree to permit other
telecommunications service
providers to co-locate on the
telecommunications facility, and agree to the
terms and conditions
of the co-location as determined in the discretion of the
director.
(6) The director shall
require indemnity agreements in favor
of the department as a
condition of any lease, easement, or
license granted under this division.
Each indemnity agreement
shall secure this state and its agents from liability
for damages
arising out of safety hazards, zoning, and any other
matter of
public interest the director considers necessary.
(7) The telecommunications service
provider fully complies
with any permit issued under
section 5515.01 of the Revised
Code
pertaining to land that is
the subject of the lease, easement, or
license.
(8) All plans and specifications
shall meet with the
director's approval.
(9) Any other conditions the director
determines necessary.
(F) Money received by the department under division
(E) of
this section shall be
deposited to the credit of the highway
operating fund.
(G) In accordance with section 5501.031 of the Revised Code,
to further efforts to promote energy conservation and energy
efficiency, the director may grant a lease, easement, or license
in a transportation facility to a utility service provider that
has received its certificate from the Ohio power siting board or
appropriate local entity for construction, placement, or operation
of an alternative energy generating facility service provider as
defined in section 4928.64 of the Revised Code. An interest
granted under this division is subject to all of the following
conditions:
(1) The transportation facility is owned in fee simple or in
easement by this state at the time the lease, easement, or license
is granted to the utility service provider.
(2) The lease, easement, or license shall be granted on a
competitive basis in accordance with policies and procedures to be
determined by the director. The policies and procedures may
include provisions for master leases for multiple sites.
(3) The alternative energy generating facility shall be
designed to provide energy for the department's transportation
facilities with the potential for selling excess power on the
power grid, as the director may determine is necessary for highway
or other departmental purposes.
(4) The director shall require indemnity agreements in favor
of the department as a condition of any lease, easement, or
license granted under this division. Each indemnity agreement
shall secure this state from liability for damages
arising out
of safety hazards, zoning, and any other matter of
public
interest the director considers necessary.
(5) The alternative energy service provider fully complies
with any permit issued by the Ohio power siting board under
Chapter 4906. of the Revised Code and complies with section
5515.01 of the Revised Code pertaining to land that is the subject
of the lease, easement, or license.
(6) All plans and specifications shall meet with the
director's approval.
(7) Any other conditions the director determines necessary.
(G) Money the department receives under divisions (E) and (F)
of this section shall be deposited into the state treasury to the
credit of the highway operating fund.
(H) A lease, easement, or license granted under division
(E)
or (F) of this section, and any telecommunications facility
or
alternative energy generating facility relating to
such
interest
in a transportation facility, is
hereby deemed to
further
the
essential highway purpose of
building and maintaining
a safe,
efficient energy-efficient, and accessible
transportation system.
Sec. 5501.34. (A) If circumstances alter the
highway
requirements after the director of transportation has
acquired
property so that
the real property or part of the real property is
no longer required for highway
purposes, the director, in the name
of the state, may
sell all the right, title, and interest of the
state in any of the real
property. After
determining that
a
parcel
of real property is no longer required
for highway
purposes, the
director shall have the parcel appraised by
a
department
prequalified appraiser.
(B) Except as otherwise provided in this section, the
director
shall advertise the sale of real property that is no
longer required for
highway purposes in
a newspaper of general
circulation in
the county in which the real property is situated
for at
least two
consecutive weeks prior to the date set for the
sale. The
real property may be sold at public auction to the
highest
bidder
for not less than two-thirds of its appraised
value,
but the director may reject all bids that are less than the
full appraised
value of the real property. However, if no sale has
been
effected after an
effort to sell under this
division, the
director may set aside the
appraisal, order a
new appraisal,
and,
except as otherwise provided in
this
section, readvertise the
property for sale.
(C) If real property no longer required for
highway
purposes
is
appraised or reappraised as
having a current fair
market value
of twenty thousand
dollars
or
less, the director may
sell the real
property to the sole
abutting owner
through a
private sale at a
price not less than the appraised
value. If
there is more than one
abutting owner, the director
may invite all
of the abutting owners
to submit sealed bids and
may sell the
real
property to the
highest bidder at not
less than its
appraised
value.
(D) If real property no longer required for
highway
purposes
is appraised or reappraised as having a fair
market value
of two
five thousand dollars or less, and no sale has been
effected
after
an effort to sell to the abutting owner or owners, the
director
may advertise the sale of the real
property in
accordance with
division (B) of this section. The
director may
sell the land at
public auction to
the highest bidder without
regard to its
appraised value, but the director
may reject all
bids that are
less than the full appraised value of the real
property.
(E) The department shall pay all expenses incurred in the
sale of
a parcel of real property out of the proceeds of the sale
and shall deposit
the balance of the proceeds in the
highway fund
used to acquire that parcel of real property.
(F) Upon a determination that real property previously
acquired
within a highway improvement project corridor no longer
is needed for highway
purposes, the director may offer the
unneeded property to another landowner located within that
project's corridor as full or partial consideration for other real
property to be acquired from the landowner. If the landowner
accepts the offer, the director shall convey the unneeded property
directly to the landowner at the full fair market value determined
by the department by appraisal. The director shall credit the
value of the
unneeded property against the acquisition price of
the property
being acquired by the department, and the landowner
shall pay the
department the difference if the value of the
unneeded property
exceeds the acquisition price of the property
being acquired.
(G) Conveyances of real property under this
section shall
be
by a deed executed by the
governor, bearing the great seal of
the
state, and
in the form prescribed by the
attorney general. The
director shall keep a record of all
conveyances of real property
made under this section. This section applies to all real property
acquired by the
department, regardless of how or from whom the
property was acquired.
Sec. 5501.60. The department of transportation shall not
erect a guardrail or any other barrier that blocks or otherwise
interferes in any manner with the only right-of-way to a parcel of
real property. If the department erects a guardrail or other
barrier that blocks or otherwise interferes in any manner with the
only right-of-way to a parcel of real property, the department
shall remove the guardrail or other barrier promptly. If the
department fails to remove such a guardrail or other barrier, the
owner or occupier of the parcel of real property may remove or
cause the removal of the guardrail or other barrier and the
department shall reimburse fully the owner or occupier of the
parcel of real property for the actual cost to the owner or
occupier of the parcel of real property of the removal.
Sec. 5502.03. (A) There is hereby created in the department
of public safety a division of homeland security.
(B) The division shall do all of the following:
(1) Coordinate all homeland security activities of all state
agencies and be the liaison between state agencies and local
entities for the purposes of communicating homeland security
funding and policy initiatives;
(2) Collect, analyze, maintain, and disseminate information
to support local, state, and federal law enforcement agencies,
other government agencies, and private organizations in detecting,
deterring, preventing, preparing for, responding to, and
recovering from threatened or actual terrorist events. This
information is not a public record pursuant to section 149.43 of
the Revised Code.
(3) Coordinate efforts of state and local governments and
private organizations to enhance the security and protection of
critical infrastructure and key assets in this state;
(4) Develop and coordinate policies, protocols, and
strategies that may be used to prevent, detect, prepare for,
respond to, and recover from terrorist acts or threats;
(5) Develop, update, and coordinate the implementation of an
Ohio homeland security strategic plan that will guide state and
local governments in the achievement of homeland security in this
state.
(C) The director of public safety shall appoint an executive
director, who shall be head of the division of homeland security
and who regularly shall advise the governor and the director on
matters pertaining to homeland security. The executive director
shall serve at the pleasure of the director of public safety. To
carry out the duties assigned under this section, the executive
director, subject to the direction and control of the director of
public safety, may appoint and maintain necessary staff and may
enter into any necessary agreements.
(D) Except as otherwise provided by law, nothing in this
section shall be construed to give the director of public safety
or the executive director of the division of homeland security
authority over the incident management structure or
responsibilities of local emergency response personnel.
(E) There is hereby created in the state treasury the
homeland security fund. The fund shall consist of
sixty cents of
each fee collected under sections
4501.34,
4503.26, 4506.08, and
4509.05 of the
Revised Code as
specified
in those sections,
plus on and after October 1, 2009,
sixty cents of each fee
collected under
sections
4505.14 and 4519.63 of the Revised
Code as
specified in
those sections. The fund shall be
used to
pay the
expenses of
administering the law relative to the
powers and
duties of the
executive director of the division of
homeland
security, except
that the director of budget and
management may
transfer excess
money from the homeland security
fund to the
state highway
safety fund if the director of public
safety
determines that the
amount of money in the homeland
security fund
exceeds the amount
required to cover such costs
incurred by the
division of
homeland security and requests the
director of budget
and
management to make the transfer.
Sec. 5502.131. There is hereby created in the state treasury
the investigations fund. The fund shall consist of thirty
cents
of each fee collected under sections 4501.34,
4503.26,
4506.08,
and 4509.05 of the Revised
Code as specified in those
sections,
plus on and after October 1, 2009, thirty cents of
each fee
collected under sections 4505.14 and 4519.63 of
the Revised Code
as specified in those sections. The director of
public safety
shall use the money in the fund to pay the
operating expenses of
investigations, except that the director of
budget and
management
may transfer excess money from the
investigations
fund to the
state highway safety fund if the
director of public
safety
determines that the amount of money in
the
investigations fund
exceeds the amount required to cover
investigative costs incurred
by the investigative unit and
requests the director of budget and
management to make the
transfer.
Sec. 5502.39. There is hereby created in the state treasury
the emergency management agency service and reimbursement fund.
The fund shall consist of one dollar and twenty-five cents of
each fee collected under sections 4501.34, 4503.26,
4506.08, and
4509.05 of the Revised Code as
specified in those sections, plus
on and after October 1, 2009, one dollar and twenty-five cents of
each fee collected under sections 4505.14 and 4519.63 of
the
Revised Code as specified in those sections, and money
collected
under sections
5502.21 to 5502.38 of the Revised Code.
All
money in the fund
shall be used to pay the costs of
administering programs of the
emergency management agency, except
that the director of budget
and management may transfer excess
money from the emergency
management agency service and
reimbursement fund to the state
highway safety fund if the
director of public safety determines
that the amount of money in
the emergency management agency
service and reimbursement fund
exceeds the amount required to
cover such costs incurred by the
emergency management agency and
requests the director of budget
and management to make the
transfer.
Sec. 5502.67. There is hereby created in the state treasury
the justice program services fund. The fund shall consist of the
court costs designated for the fund pursuant to section 2949.094
of the Revised Code, twenty-five
cents of each fee collected
under
sections 4501.34,
4503.26,
4506.08, and 4509.05 of the
Revised
Code as specified in those
sections, plus on and after
October 1,
2009, twenty-five cents of
each fee collected under
sections
4505.14 and 4519.63 of
the Revised Code as specified
in
those
sections, and all money
collected by
the division of
criminal
justice services for
nonfederal purposes,
including
subscription fees for
participating in the Ohio
incident-based
reporting system under
division (C) of section
5502.62 of the
Revised Code, unless
otherwise designated by law.
The justice
program services fund
shall be used to pay costs of
administering the operations of the
division of criminal justice
services, except that the director
of budget and management may
transfer excess money from the
justice program services fund to
the state highway safety fund if
the director of public safety
determines that the amount of money
in the justice program
services fund exceeds the amount required
to cover such costs
incurred by the office of criminal justice
services and requests
the director of budget and management to
make the transfer.
Sec. 5502.68. (A) There is hereby created in the state
treasury the drug law enforcement fund. Three Ninety-seven per
cent of three dollars and fifty
cents out of each
ten-dollar
court cost imposed pursuant to
section 2949.094 of the
Revised
Code shall be credited to the
fund. Money in
the fund shall be
used
only in accordance with
this section to
award grants to
counties,
municipal
corporations, townships,
township police
districts, and
joint
township police districts to
defray the
expenses that a drug
task force organized in the
county, or in
the county in which the
municipal corporation,
township, or
district is located, incurs
in
performing its
functions related
to the enforcement of the
state's
drug laws and
other state
laws related to illegal drug
activity.
The division of criminal justice services shall administer
all money deposited into the drug law enforcement fund and, by
rule adopted under Chapter 119. of the Revised Code, shall
establish procedures for a county, municipal corporation,
township, township police district, or joint township police
district to apply for money from the fund to defray the expenses
that a drug task force organized in the county, or in the county
in which the municipal corporation, township, or district is
located, incurs in performing its functions related to the
enforcement of the state's drug laws and other state laws related
to illegal drug activity, procedures and criteria for determining
eligibility of applicants to be provided money from the fund, and
procedures and criteria for determining the amount of money to be
provided out of the fund to eligible applicants.
(B) The procedures and criteria established under division
(A) of this section for applying for money from the fund shall
include, but shall not be limited to, a provision requiring a
county, municipal corporation, township, township police district,
or joint township police district that applies for money from the
fund to specify in its application the amount of money desired
from the fund, provided that the cumulative amount requested in
all applications submitted for any single drug task force may not
exceed more than two hundred fifty thousand dollars in any
calendar year for that task force.
(C) The procedures and criteria established under division
(A) of this section for determining eligibility of
applicants to
be provided money from the fund and for determining
the amount of
money to be provided out of the fund to eligible
applicants
shall
include, but not be limited to, all of the
following:
(1) Provisions requiring that, in order to be eligible to be
provided money from the fund, a drug task force that applies for
money from the fund must provide evidence that the drug task force
will receive a local funding match of at least twenty-five per
cent of the
task force's projected operating costs in the period
of time
covered by the grant;
(2) Provisions requiring that money from the fund be
allocated and provided to drug task forces that apply for money
from the fund in accordance with the following priorities:
(a) Drug task forces that apply, that are in existence on the
date of the application, and that are determined to be eligible
applicants, and to which either of the following applies shall be
given first priority to be provided money from
the fund:
(i) Drug task forces that received funding through the
division of criminal justice services in calendar year 2007;
(ii) Drug task forces in a county that has a population that
exceeds seven hundred fifty thousand.
(b) If any moneys remain in the fund after all drug task
forces that apply, that are in existence on the date of the
application, that are determined to be eligible applicants, and
that satisfy the criteria set forth in division (C)(2)(a)(i) or
(ii) of this section are
provided money from the fund as
described in division
(C)(2)(a) of this section, the following
categories of drug task
forces that apply and that are determined
to be eligible
applicants shall be given priority to be provided
money from the
fund in the order in which they apply for money
from the fund:
(i) Drug task forces that are not in existence on the date of
the application;
(ii) Drug task forces that are in existence on the date of
the application but that do not satisfy the criteria set forth in
division (C)(2)(a)(i) or (ii) of this section.
(D) The procedures and criteria established under division
(A) of this section for determining the amount of money to be
provided out of the fund to eligible applicants shall include, but
shall not be limited to, a provision specifying that the
cumulative amount provided to any single drug task force may not
exceed more than two hundred fifty thousand dollars in any
calendar year.
(E) As used in this section, "drug
task force" means a drug
task force organized in
any county by the sheriff of the county,
the prosecuting attorney
of the county, the chief of police of
the
organized police
department of any municipal corporation or
township in the
county, and the chief of police of the police
force of any
township police district or joint township police
district in the
county to perform functions related to the
enforcement of state
drug laws and other state laws related to
illegal drug activity.
Sec. 5515.01. The director of transportation may upon
formal
application being made to the director, grant a
permit to any
individual, firm, or corporation to use or occupy such portion
of
a road or highway on the state highway system as will not
incommode the traveling public. Such permits, when granted,
shall
be upon the following conditions:
(A) The occupancy of such roads or highways shall be in
the
location as prescribed by the director may issue a permit to any
individual, firm, or corporation for any use of a road or highway
on the state highway system that is consistent with applicable
federal law or federal regulations.
(B) Such location shall be changed as prescribed by the
director when the director deems such change necessary for
the
convenience of the traveling public, or in connection with or
contemplation
of the construction, reconstruction, improvement,
relocating,
maintenance, or repair of such road or highway.
(C) The placing of objects or things shall be at a grade
and
in accordance with such plans, specifications, or both, as
shall
be first approved by the director.
(D) The road or highway in all respects shall be fully
restored to its former condition of usefulness and at the expense
of such individual, firm, or corporation.
(E) Such individual, firm, or corporation shall maintain
all
objects and things in a proper manner, promptly repair all
damages
resulting to such road or highway on account thereof, and
in event
of failure to so repair such road or highway to pay to
the state
all costs and expenses which may be expended by the
director in
repairing any damage.
(F) Such other conditions as may seem reasonable to the
director, but no condition shall be prescribed which imposes the
payment of a money consideration for the privilege granted.
Nothing in
this division prohibits the director from
requiring
payment of money consideration for a lease, easement,
license, or
other interest in a transportation facility under
control of the
department of transportation.
(G) Permits may be revoked by the director at any time for
a
noncompliance with the conditions imposed.
(H) As a condition precedent to the issuance of a any permit
to afor telecommunications service provider facilities or carbon
capture and storage pipelines,
the director shall
require the
applicant
to provide proof it is party to a lease,
easement, or
license for
the construction, placement, or
operation of a
telecommunications such
facility or pipeline in or on a
transportation
facility.
Except as otherwise provided in this section and section
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,
5515.,
5516.,
5517., 5519., 5521., 5523., 5525., 5527., 5528.,
5529., 5531.,
5533., and 5535. of the Revised Code do not prohibit
telegraph,
telephone, and electric light and power companies from
constructing,
maintaining, and using telegraph,
telephone, or
electric light and
power lines along and upon such roads or
highways under sections
4931.19, 4933.14, or other sections of the
Revised Code, or to affect existing rights of any such companies,
or to require such companies to obtain a permit from the
director,
except with respect to the location of poles, wires,
conduits, and
other equipment comprising lines on or beneath the
surface of such
road or highways.
This section does not prohibit steam or electric railroad
companies from constructing tracks across such roads or highways,
nor authorize the director to grant permission to any company
owning, operating, controlling, or managing a steam railroad or
interurban railway in this state to build a new line of railroad,
or to change or alter the location of existing tracks across any
road or highway on the state highway system at grade. No such
company shall change the elevation of any of its tracks across
such road or highway except in accordance with plans and
specifications first approved by the director.
This section does not relieve any individual, firm, or
corporation from the obligation of satisfying any claim or demand
of an owner of lands abutting on such road or highway on the
state
highway system on account of placing in such road or
highway a
burden in addition to public travel.
Sec. 5515.07. (A) The director of transportation, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules consistent with the safety of the traveling public and
consistent with the national policy to govern the use and control
of rest areas within the limits of the right-of-way of interstate
highways and other state highways and in other areas within the
limits of the right-of-way of interstate highways.
(B) Except as provided in division (C) of this section or as
otherwise authorized by applicable federal law or federal
regulations, no
person shall engage in selling or offering for
sale or exhibiting
for purposes of sale, goods, products,
merchandise, or services
within the bounds of rest areas within
the limits of the
right-of-way of interstate highways and other
state highways, or
in other areas within the limits of the
right-of-way of
interstate highways, unless the director issues a
permit in
accordance with section 5515.01 of the Revised Code.
Notwithstanding any
rules adopted by the director to the contrary
or any
other policy changes proposed by the director, each
district deputy director
of
the department of transportation shall
continue to implement any program
allowing organizations to
dispense free coffee or similar items after
obtaining
a permit
that operated within the district prior to
January 1, 1997. Each
district deputy
director shall operate such program within the
district in the same manner as
the program was operated prior to
that date.
(C) In accordance with rules adopted under division (A) of
this section, the director may cause vending machines to be
placed
within each rest area that is able to accommodate the
machines.
The vending machines shall dispense food, drink, and
other
appropriate articles.
(D) This section does not apply to the sale of goods,
products, merchandise, or services required for the emergency
repair of motor vehicles or emergency medical treatment, or to the
department of transportation as provided in section 5515.08 of the
Revised Code.
Sec. 5517.011. Notwithstanding section 5517.01 of
the
Revised Code, the
director of transportation may establish a
program to expedite the sale
and construction of special projects
by combining the design
and construction
elements of a highway or
bridge project into a single
contract. The director shall prepare
and distribute a scope of work document upon which the bidders
shall base their bids.
Except in regard to those requirements
relating to providing
plans,
the director shall award contracts
under this section in
accordance with
Chapter 5525. of the Revised
Code.
For On the effective date of this amendment and until July 1,
2011, the total dollar value of contracts made under this section
shall not exceed one billion dollars. On and after July 1, 2011,
for each biennium,
the
total
dollar value of contracts made under
this section shall
not
exceed
two hundred fifty million dollars
unless otherwise authorized by
the general assembly.
Sec. 5525.15. The director of transportation may
provide
that the estimate of cost of any project to be
constructed by the
department by the taking of bids and awarding
of contracts shall
be confidential information and so remain
until after all bids on
the project have been received.
The total amount of the estimate
then shall be publicly
read prior to the opening of the
bids of
the subject published.
When the director exercises the authority conferred by this
section, all information with respect to the total estimate of
cost of the project to be built by contract and with
respect to
the estimate of cost of any particular item of work involved
therein shall be kept and regarded by the director and all the
director's
subordinates as confidential, and shall not be revealed
to any
person not employed in the department, or by the United
States
department of transportation in the case of projects
financed in
whole or part by federal funds, until after the bids
on the
project have been opened and read published. Section
5517.01 of the
Revised Code with respect to the public inspection
of estimates
of cost prior to the opening of bids and with respect
to filing
estimates of cost in the office of the district deputy
director
of transportation does not apply
when the authority
conferred
by this section is exercised. This section does not
prohibit the
department from furnishing estimates of cost to
counties,
municipal corporations, or other local political
subdivisions or
to railroad or railway companies proposing to pay
any portion of
the cost of an improvement.
Section 5525.10 of the Revised Code, which provides that no
contract for any improvement shall be awarded for a greater sum
than the estimated cost thereof plus five per cent,
does not
apply
in the case of any project with respect to which the
authority
conferred by this section is exercised. In cases in
which the
authority conferred by this section is exercised and
in which the
bid of the
successful bidder exceeds the estimate, the director,
before
entering into a contract, shall determine that
the bid of
the successful bidder is fair and reasonable, and as long as the
federal government imposes regulation on prices charged for
construction service, shall require the successful bidder to
certify that the bidder's bid does not exceed the maximum
permitted by
such federal regulation.
Sec. 5531.09. (A) The state infrastructure bank shall
consist
of the highway and transit infrastructure bank fund, the
aviation
infrastructure bank fund, the rail infrastructure bank
fund, and the
infrastructure bank obligations fund, which are
hereby
created as
funds of the
state treasury, to be
administered by the director of
transportation and used for the
purposes described in division
(B)
of this section. The highway
and transit infrastructure bank fund,
the
aviation
infrastructure bank fund, and the rail infrastructure
bank fund
shall consist of federal grants and awards or other
assistance
received by the state and eligible for deposit therein
under
applicable federal law, payments received by the department
in
connection with providing financial assistance for qualifying
projects under division (B) of
this section, and such other
amounts as may be provided by
law. The infrastructure bank
obligations fund shall
consist of such
amounts of the proceeds of
obligations issued
under section 5531.10 of the Revised Code as
the
director of
transportation determines with the advice of the
director of budget and
management; and
such other amounts as may
be provided by law.
The director of budget and management,
upon
the
request of the director of transportation, may transfer
amounts
between
the funds
created in this division, except the
infrastructure bank obligations fund.
The investment earnings of
each fund created by this division shall be
credited to such fund.
(B) The director of
transportation shall use the state
infrastructure bank to
encourage public and private investment in
transportation
facilities that contribute to the multi-modal and
intermodal
transportation capabilities of the state, develop a
variety of
financing techniques designed to expand the
availability of
funding resources and to reduce direct state
costs, maximize
private and local participation in financing
projects, and
improve
the efficiency of the state transportation
system by
using and
developing the particular advantages of each
transportation mode
to the fullest extent. In furtherance of
these purposes, the
director shall use the state infrastructure
bank to provide
financial assistance to public or private
entities for qualified
projects. Such assistance shall be in the
form of loans, loan
guarantees, letters of credit, leases,
lease-purchase
agreements,
interest rate subsidies, debt
service
reserves, and such
other
forms as the director determines to be
appropriate. All
fees,
charges, rates of interest, payment
schedules, security
for, and
other terms and conditions relating
to such assistance
shall be
determined by the director. The
highway and transit
infrastructure
bank fund, the aviation
infrastructure bank fund, and the rail
infrastructure bank fund
may be used to pay debt service on
obligations whose
proceeds
have been deposited into the
infrastructure bank obligations
fund.
(C) The director of transportation shall
adopt rules
establishing guidelines necessary for the
implementation and
exercise of the authority granted by this
section, including rules
for receiving, reviewing, evaluating,
and selecting projects for
which financial assistance may
be approved.
(D) As used in this
section and in section 5531.10 of the
Revised Code, "qualified project" means
any
public or private
transportation project as determined by the director of
transportation,
including, without limitation, planning,
environmental impact studies, engineering, construction,
reconstruction, resurfacing, restoring,
rehabilitation, or
replacement of public or private
transportation facilities within
the state, studying the
feasibility thereof, and the acquisition
of real or personal
property or interests therein; any highway,
public transit,
aviation, rail, or other
transportation project
eligible for financing or aid under any
federal or state program;
and any project involving the
maintaining, repairing, improving,
or construction of any public
or private highway, road, street,
parkway, public
transit, aviation, or rail project,
and any
related rights-of-way, bridges, tunnels,
railroad-highway
crossings, drainage structures, signs,
guardrails, or protective
structures.
(E) The general assembly finds that state infrastructure
projects, as defined in division (A)(8) of section 5531.10 of the
Revised Code, and
the state infrastructure bank, will materially
contribute to the economic
revitalization of areas of the state
and result in improving the economic
welfare of all the people of
the state. Accordingly, it is declared to be the
public purpose of
the state, through operations under sections 5531.09 and
5531.10
of the Revised Code, and other applicable laws adopted pursuant to
Section
13 of Article VIII, Ohio Constitution, and
other authority
vested in the general assembly, to assist in and facilitate
the
purposes set forth in division (B) of section 5531.10 of the
Revised Code,
and to assist and cooperate with any governmental
agency in achieving such
purposes.
Sec. 5531.11. As used in sections 5531.11 to 5531.18 of the
Revised Code:
"Cost" means all costs of constructing, improving, repairing,
maintaining, administering, and operating the Ohio transportation
system, including all costs payable with respect to permanent
improvements as described in division (B) of section 133.15 of the
Revised Code.
"Governmental agency" means any state agency, federal agency,
political subdivision, or other local, interstate, or regional
governmental agency, and any combination of those agencies.
"Highway project" means any project intended for the
highway
purpose of supporting the state highway system. A highway project,
whether publicly or privately owned, is a state infrastructure
project as defined in section 5531.10 of the Revised Code for all
purposes of that section and section 5531.09 of the Revised Code
and also is a transportation facility as defined in section
5501.01 of the Revised Code.
"State highway system" or "system" means all existing
and
future transportation projects constructed, operated,
repaired,
maintained, administered, and operated under the
jurisdiction of
the department of transportation, including toll
projects and
highway projects.
"Public roads" means all public highways, roads, and streets
in the state, whether maintained by a state agency or any other
governmental agency.
"Public utility facilities" means tracks, pipes, mains,
conduits, cables, wires, towers, poles, and other equipment and
appliances of any public utility.
"Revenues" means all nontax revenues coming into the
possession of or under the control of the department by virtue of
sections 5531.11 to 5531.18 of the Revised Code. "Revenues" does
not include proceeds from the sale of obligations but does include
tolls, service revenues, investment income on the Ohio toll fund
established in section 5531.14 of the Revised Code, rentals,
gifts, and grants.
"Service facilities" means service stations, restaurants, and
other facilities for food service, roadside parks and rest areas,
parking, camping, tenting, rest, and sleeping facilities, hotels
or motels, and all similar and other facilities providing services
to the traveling public in connection with the use of a toll
project and owned, leased, licensed, or operated by the department
of transportation.
"Service revenues" means those revenues of the department
derived from its ownership, leasing, licensing, or operation of
service facilities.
"Toll project" means any project that adds new capacity,
including construction on existing highways, bridges, or tunnels
where construction increases the total number of lanes, including
toll and nontoll lanes, and does not decrease the total number of
nontoll lanes at each mile. "Toll project" also includes new
interchanges constructed for economic development purposes
connecting an interstate highway or a multi-lane, fully
controlled-access highway that was not connected previously with
other interstates, state highways and local roads, and any new
high occupancy lane or new highways connecting an intermodal
facility established,
constructed, reconstructed,
maintained,
repaired, administered,
operated, or
improved, under
the
jurisdiction of the department
of
transportation and pursuant
to sections 5531.11 to 5531.18 of
the
Revised Code, at a
location
or locations determined by the
director of
transportation,
including all bridges, tunnels,
overpasses,
underpasses,
interchanges, entrance plazas,
approaches, those
portions of
connecting public roads that serve
interchanges and
are determined
by the director to be necessary
for the safe
merging of traffic
between the toll project and
those nontolled
public roads, toll
booths, service facilities,
and
administration, storage, and other
buildings, property, and
facilities that the department considers
necessary for the
operation or policing of the toll project,
together with all
property and rights that may be acquired by the
department for
the construction, maintenance, repair,
administration,
improvement, or operation of the toll project,
and includes any
sections or extensions of a toll project
designated by the
department as such for the particular purpose.
Nothing in this
section shall be construed to permit tolls to be charged on
existing nontoll highways.
"Tolls" means tolls, special fees or permit fees, or other
charges by the department to the owners, lessors, lessees,
operators of motor vehicles, or other users of a toll project
for the operation or use of or the right to operate on a toll
project.
Sec. 5531.12. (A)(1)In order to remove present and
anticipated
handicaps and potential hazards on the highways in
this
state, to
facilitate vehicular traffic throughout the
state, to
promote the
agricultural, commercial, recreational,
tourism, and
industrial
development of the state, and to
provide for the
general welfare
of its citizens, the state
transportation finance commission may approve toll projects at
locations
approved by the director of transportation. Any revenue
derived from toll projects shall be used only for purposes of the
toll project and shall not be expended for any purpose other than
as provided in Section 5a of Article XII, Ohio Constitution. The
toll
projects authorized by sections 5531.11 to 5531.18 of the
Revised
Code are part of the state highway system.
(2) Any toll project shall be developed and submitted for
selection in accordance with the policies and procedures of the
major new capacity selection process of the transportation review
advisory council, created under Chapter 5512. of the Revised Code.
Each toll project may be separately designated, by name or number,
and may be constructed, improved, or reconstructed as the
department of transportation may from time to time determine
pursuant to sections 5531.11 to 5531.18 of the Revised Code. A
toll project shall be considered a state infrastructure project as
defined in section 5531.10 of the Revised Code for all purposes of
that section and section 5531.09 of the Revised Code and also is a
transportation facility as defined in section 5501.01 of the
Revised Code.
(3) Nothing in this chapter shall be construed to permit
tolls to be charged on existing nontoll highways.
(B)(1) There is hereby created within the department of
transportation the "Ohio transportation finance commission." The
commission shall consist of seven members as follows:
(a) Two members appointed by the governor;
(b) The director of development, or the director's designee,
who shall be a nonvoting ex officio member and shall serve without
compensation;
(c) Two members appointed by the president of the senate, who
shall have experience relevant to approving toll projects,
including expertise in finance, engineering, statewide planning,
economic development, logistics, or land use planning;
(d) Two members appointed by the speaker of the house of
representatives, who shall have experience relevant to approving
toll projects, including expertise in finance, engineering,
statewide planning, economic development, logistics, or land use
planning.
(2) No member of the general assembly shall be a member of
the commission. In making their appointments, the governor,
speaker of the house of representatives, and the president of the
senate shall consult with each other so that from the total number
of six appointed members, at least two are affiliated with the
major political party not represented by the governor. In making
the governor's appointments, the governor shall appoint persons
who reside in different geographic areas of the state. The members
appointed by the governor shall be residents of the state and
shall serve terms of five years commencing on the first day of
July and ending on the thirtieth day of June. The members
appointed by the president of the senate or the speaker of the
house of representatives shall serve a term of the remainder of
the general assembly during which the member is appointed. The
governor shall appoint one of the members as chairperson and
another as vice-chairperson and shall appoint a
secretary-treasurer who need not be a member of the commission.
Four of the members of the commission constitute a quorum, and the
affirmative vote of four voting members is necessary for any
action taken by the commission. No vacancy in the membership of
the commission impairs the rights of a quorum to exercise all the
rights and perform all the duties of the commission. Appointed
members shall have no conflict of interest with the position. For
purposes of this section, "conflict of interest" means taking any
action that violates any provision of Chapter 102. or 2921. of the
Revised Code.
(C) Each appointed member shall hold office from the date of
appointment until the end of the term for which the member was
appointed. If a commission member dies or resigns, or if an ex
officio member ceases to hold the applicable office, the vacancy
shall be filled in the same manner as provided in division (B) of
this section. Any member who fills a vacancy occurring prior to
the end of the term for which the member's predecessor was
appointed, if appointed by the governor, shall hold office for the
remainder of such term or, if appointed by the president of the
senate or the speaker of the house of representatives, shall hold
office for the remainder of the term or for a shorter period of
time as determined by the president or the speaker. Any member
appointed by the governor shall continue in office subsequent to
the expiration date of the member's term until the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. A member of the commission is
eligible for reappointment. Each appointed member of the
commission, before entering upon the member's duties, shall take
an oath as provided by Section 7 of Article XV, Ohio Constitution.
The governor, the president of the senate, or the speaker of the
house of representatives may at any time remove their respective
appointees to the commission for misfeasance, nonfeasance, or
malfeasance in office.
(D) Each appointed member shall serve without compensation
but shall be reimbursed for the member's actual and necessary
expenses incurred in the performance of the member's duties. At
the request of the chairperson of the Ohio transportation finance
commission, the department of transportation shall provide staff
assistance and office space for the commission.
(E) Upon selection of a toll project by the transportation
review advisory council, the director of transportation shall
submit a toll proposal for the project to the Ohio transportation
finance commission. The commission shall review the toll proposal
for the project and either approve it, disapprove it, or suggest
modifications to it. Approval for any toll proposal shall be made
by an affirmative vote of four of the six voting members of the
commission.
(F) The director of transportation shall adopt rules pursuant
to chapter 119. of the Revised Code governing the duties of the
commission, the frequency of commission meetings, compensation for
each appointed member, and any rules necessary for the planning,
development, and implementation of toll projects and the
collection of tolls. The rules adopted pursuant to this section
shall include a requirement that the commission hold at least
three public hearings prior to the commission voting on whether to
approve a toll project.
Sec. 5531.13. (A) The director of transportation may acquire
or dispose of any public or private property or interests therein
the director determines to be necessary, convenient, or proper for
the construction, improvement, repair, maintenance,
administration, or operation of toll projects in the same manner
as the director may acquire or dispose of such property for
transportation facilities or highway purposes, under sections
5501.311 to 5501.34 and 5501.45 and Chapter 5519. of the Revised
Code.
(B) The director may enter into any contracts the director
determines to be necessary, convenient, or proper for the
construction, improvement, repair, maintenance, administration, or
operation of toll projects in the manner provided in Chapter
5525. of the Revised Code.
(C) The director may enter into any professional contracts
the director determines to be necessary, convenient, or proper for
the construction, improvement, repair, maintenance,
administration, or operation of toll projects in the manner
provided in Chapter 5526. of the Revised Code.
(D) Tolls and accounts within the Ohio toll fund established
in section 5531.14 of the Revised Code may be used for the
acquisition of property under division (A) of this section or
pursuant to contracts entered into under division (B) or (C) of
this section to the same extent permitted by section 5531.14 of
the Revised Code with respect to obligations.
Sec. 5531.14. (A) To the extent permitted by federal law,
the director of transportation may fix, revise, charge, and
collect tolls for each toll project, and contract with any
person or governmental agency desiring the use of any part
thereof, including the right-of-way adjoining the paved portion,
for placing thereon telephone, electric light, or power lines,
service facilities, or for any other purpose, and fix the terms,
conditions, rents, and rates of charge for such use; provided,
that no toll, charge, or rental may be made for placing in, on,
along, over, or under the toll project, equipment or public
utility facilities that are necessary to serve service facilities
or to interconnect any public utility facilities.
In accordance with Chapter 119. of the Revised Code, the
director shall establish a plan, schedule, or system of tolls or
charges and shall declare the purpose, amount, and duration of the
tolls or charges. Any proposal to implement a toll or other charge
under this section may include a plan, schedule, or system of
tolls or charges that is subject to adjustment by the director
within and in accordance with that plan, schedule, or system.
(B) For any toll imposed under this section, the department
of transportation may use a system for toll collection that is
capable of charging an account holder the appropriate toll or
charge by transmission of information from an electronic device on
a motor vehicle to the toll lane, which information is used to
charge the account holder the appropriate toll or charge.
(C) One or more tolls, or a portion of any toll, may be
pledged to the repayment of obligations in the bond proceedings
for those obligations and shall be a pledged receipt for those
obligations to the extent pledged in those bond proceedings.
(D) Tolls shall be so fixed and adjusted as to provide funds
at least sufficient with other revenues of the Ohio transportation
system, if any, to pay:
(1) Any bond service charges on obligations issued to pay
costs of one or more toll projects as such charges become due
and payable;
(2) The cost of maintaining, improving, repairing,
constructing, and operating toll projects within the
state
highway system and its
different parts and sections, and
to
create and maintain any
reserves for those purposes.
(E) Except as provided in division (F) of this section, money
received from
tolls imposed under this section shall be deposited
to the credit
of the Ohio toll fund, which is hereby created in
the state
treasury. The treasurer of state may establish separate
subaccounts
within the Ohio toll fund as determined to be
necessary
or
convenient to pay costs of constructing,
improving,
repairing, maintaining, administering, and operating
toll
projects within
the
state highway system. Any
remaining
money deposited
into
the Ohio toll fund shall be used
at the
discretion of the
director
to support construction,
improvement,
repair,
maintenance,
administration, and operation
costs for approved toll projects and highway projects within one
mile of a toll project. All investment
earnings of the fund
shall be credited to the fund.
(F) The issuing authority shall, by the fifteenth day of July
of each fiscal year, certify or cause to be certified to the
department of transportation and the office of budget and
management the total amount of money required during the current
fiscal year to meet in full all bond service charges and otherwise
comply with the requirements of any applicable bond proceedings.
The issuing authority shall make or cause to be made supplemental
certifications to the department of transportation and the office
of budget and management for each bond service payment date and at
such other times during each fiscal year as may be provided in the
applicable bond proceedings or required by that department or
office. Bond service charges, costs of credit enhancement
facilities, other financing costs, and any other amounts required
under the applicable bond proceedings shall be set forth
separately in each certification. Money received from tolls and
other pledged receipts shall be deposited to the credit of the
bond service fund at such times and in such amounts as are
necessary to satisfy all those payment requirements of the
applicable bond proceedings. When all bonds issued in connection
with any toll project and the interest on the bonds have been
paid, or a sufficient amount for the payment of all such bonds and
the interest on the bonds to the maturity of the bonds has been
set aside in trust for the benefit of the bondholders, the project
shall be operated, improved, and maintained by the department of
transportation as a part of the state highway system and shall be
free of tolls.
Sec. 5531.15. (A) The director of transportation, in
accordance with Chapter 119. of the Revised Code, may adopt such
rules as the director considers advisable for the control and
regulation of traffic on any toll project, for the protection
and preservation of property under the jurisdiction and control of
the department of transportation, for the maintenance and
preservation of good order within the property under its control,
and for the purpose of establishing owner or operator liability
for failure to comply with toll collection rules.
(B) The rules shall provide that public police officers shall
be afforded ready access, while in the performance of their
official duties, to all property under the jurisdiction of the
department of transportation and without the payment of tolls.
(C) No person shall violate any such rules of the department
of transportation.
(D)(1) All fines collected for the violation of applicable
laws of the state and the rules of the department of
transportation or money arising from bonds forfeited for such
violation shall be disposed of in accordance with section 5503.04
of the Revised Code.
(2) All fees or charges assessed by the department of
transportation in accordance with this section against an owner or
operator of a vehicle as a civil violation for failure to comply
with toll collection rules shall be revenues of the department.
Sec. 5531.16. (A) Each toll project shall be maintained
and kept in good condition and repair by the department of
transportation. Toll projects shall be operated by toll
collectors and other employees and agents that the department
employs or contracts for. Toll projects shall be policed by the
state highway patrol in accordance with section 5503.02 of the
Revised Code; provided, that the state highway patrol also shall
enforce all rules of the department adopted under division (A) of
section 5531.15 of the Revised Code that relate to the operation
and use of vehicles on a toll project and that are punishable
under division (A) of section 5531.99 of the Revised Code.
(B) An action for damages against the state for any public or
private property damaged or destroyed in
carrying out the powers
granted by sections 5531.11 to 5531.18 of
the Revised Code shall
be filed in the court of claims pursuant to Chapter 2743. of the
Revised Code.
(C) All governmental agencies may lease, lend, grant, or
convey to the department of transportation at its request, upon
terms that the proper authorities of the governmental agencies
consider reasonable and fair and without the necessity for an
advertisement, order of court, or other action or formality, other
than the regular and formal action of the authorities concerned,
any property that is necessary or convenient to the effectuation
of the purposes of sections 5531.11 to 5531.18 of the Revised
Code, including public roads and other property already devoted to
public use.
(D) Each bridge constituting part of a toll project shall
be considered a bridge on the state highway system for purposes of
sections 5501.47 and 5501.49 of the Revised Code.
(E) In accordance with Chapter 5501. of the Revised Code, the
department of transportation shall make an annual report of its
toll project activities for the preceding calendar year to the
governor and the general assembly.
Sec. 5531.17. The exercise of the powers granted by sections
5531.11 to 5531.18 of the Revised Code is in all respects for the
benefit of the people of the state, for the increase of their
commerce and prosperity, and for the improvement of their health
and living conditions; and as the construction, operation, and
maintenance of the Ohio toll-way system by the department of
transportation constitute the performance of essential
governmental functions, the department shall not be required to
pay any state or local taxes or assessments upon any toll
project, or upon revenues or any property acquired or used by the
department under sections 5531.11 to 5531.18 of the Revised Code,
or upon the income therefrom.
Sec. 5531.18. The director of transportation shall establish
a procedure whereby a political subdivision or other governmental
agency or agencies may submit a written application to the
director in accordance with Chapter 5539. of the Revised Code
requesting the department of transportation to construct and
operate a toll project within the boundaries of the subdivision,
agency, or agencies making the request. The procedure shall
include a requirement that the director send a written reply to
the subdivision, agency, or agencies explaining the disposition of
the request. The procedure established pursuant to this section
shall not become effective unless it is approved by the Ohio
transportation finance commission created under section 5531.12 of
the Revised Code.
Sec. 5531.99. (A) Except as provided in division (B) of this
section, whoever violates division (C) of section 5531.15 of the
Revised Code is guilty of a minor misdemeanor on a first offense;
on each subsequent offense such person is guilty of a misdemeanor
of the fourth degree.
(B) Whoever violates division (C) of section 5531.15 of the
Revised Code when the violation is a civil violation for failure
to comply with toll collection rules is subject to a fee or charge
established by the department of transportation by rule.
Sec. 5537.07. (A) When the cost to the Ohio turnpike
commission under any contract with a person other than a
governmental agency involves an expenditure of more than fifty
thousand dollars, the commission shall make a written contract
with the lowest responsive and responsible bidder in accordance
with section 9.312 of the Revised Code after advertisement for
not
less than two consecutive weeks in a newspaper of general
circulation in Franklin county, and in such other publications as
the commission determines, which notice shall state the general
character of the work and the general character of the materials
to be furnished, the place where plans and specifications
therefor
may be examined, and the time and place of receiving
bids. The
commission may require that the cost estimate for the
construction, demolition, alteration, repair, improvement,
renovation, or reconstruction of roadways and bridges for which
the commission is required to receive bids be kept confidential
and remain confidential until after all bids for the public
improvement have been received or the deadline for receiving bids
has passed. Thereafter, and before opening the bids submitted for
the roadways and bridges, the commission shall make the cost
estimate public knowledge by reading the cost estimate in a public
place. The commission may reject any and all bids. The
requirements of this division do not apply to contracts for the
acquisition of real property or compensation for professional or
other personal services.
(B) Each bid for a contract for construction, demolition,
alteration, repair, improvement, renovation, or reconstruction
shall contain the full name of every person interested in it and
shall meet the requirements of section 153.54 of the Revised
Code.
(C) Each bid for a contract, other Other than for a contract
referred to in division (B) of this section, each bid for a
contract that involves an expenditure in excess of one hundred
fifty thousand dollars or any contract with a service facility
operator shall contain the
full name of every person interested in
it and shall be
accompanied by a sufficient bond or certified
check on a solvent
bank that if the bid is accepted a contract
will be entered into
and the performance of its proposal secured.
(D) A Other than a contract referred to in division (B) of
this section, a bond with good and sufficient surety, in a form as
prescribed and approved by
the commission, shall be required of
every contractor awarded a
contract, other than a contract
referred to in division (B) of
this section, that involves an
expenditure in excess of one hundred fifty thousand dollars or any
contract with a service facility operator. The bond shall be in an
amount equal to at least fifty per cent of
the contract price, and
shall be conditioned upon the faithful performance of
the
contract.
(E) Notwithstanding any other provisions of this section, the
commission may establish a program to expedite special projects by
combining the design and construction elements of any public
improvement project into a single contract. The commission shall
prepare and distribute a scope of work document upon which the
bidders shall base their bids. At a minimum, bidders shall meet
the requirements of section 4733.161 of the Revised Code. Except
in regard to those requirements relating to providing plans, the
commission shall award contracts following the requirements set
forth in divisions (A), (B), (C), and (D) of this section.
Sec. 5537.30. (A) Not later than December 31, 2009, the
Ohio turnpike commission
shall establish a
program for the
placement of business logos for
identification
purposes on
directional signs within the
turnpike
right-of-way.
(B)(1) The commission shall establish, and may revise at any
time, a fee for participation in the business logo sign
program.
All direct and indirect costs
of the business logo
sign program
established pursuant to this
section shall be fully
paid by the
businesses applying for
participation in the program.
The
direct
and indirect costs of the
program shall
include, but not
be
limited to, the cost of capital,
directional
signs, blanks,
posts, logos, installation, repair,
engineering,
design,
insurance, removal, replacement, and
administration.
(2) Money generated from participating businesses in
excess
of the direct
and indirect costs and any reasonable profit
earned by a person
awarded a contract under division (C) of this
section shall be remitted to the commission.
(3) If the commission
operates such a program and does not
contract with a private
person to operate it, all money collected
from participating
businesses shall be retained by the
commission.
(C) The commission, in accordance with rules adopted
pursuant
to section 111.15 of the Revised Code, may contract with
any
private
person to operate, maintain, or market the
business
logo
sign
program. The
contract may allow for a reasonable profit to
be
earned by
the
successful applicant. In awarding the contract,
the
commission
shall consider the skill, expertise, prior
experience,
and other
qualifications of each applicant.
(D) The program shall permit the business logo signs of a
seller of motor vehicle fuel to include on the seller's signs a
marking or symbol indicating that the seller sells one or more
types of alternative fuel so long as the seller in fact sells that
fuel. As used in this division, "alternative fuel" has the same
meaning as in section 125.831 of the Revised Code.
Sec. 5537.99. (A) Except as provided in division (B)
of
this section, whoever violates division (C) of section 5537.16
of
the Revised
Code is guilty of a minor misdemeanor on a first
offense; on each subsequent
offense such person is guilty of a
misdemeanor of the fourth degree.
(B)(1) Whoever violates division (C) of section 5537.16 of
the
Revised Code when the violation is a civil violation for
failure
to comply with toll collection rules is subject to a fee
or charge
established by the commission by rule.
(2) Whoever violates division (C) of section 5537.16 of the
Revised Code in regard to allowable axle or vehicle loads shall be
fined in accordance with division (A) of section 5577.99 of the
Revised Code.
Sec. 5541.05. (A) Except as otherwise provided in division
(D) of this section, a board of county commissioners by resolution
may place a graveled or unimproved county road under its
jurisdiction that is not passable year-round or any portion of
such a road on nonmaintained
status. Prior to adopting a
resolution that places a road on
nonmaintained status, the board,
at special or regular meetings,
shall hold at least two public
hearings to allow for public
comment on the proposed resolution.
The board shall publicize the
times and places of the hearings by
causing a notice to be
published in a newspaper of general
circulation in the county in
which the road is located at least
ten days prior to the date
of the first meeting. If the county
maintains a web site on the internet, the same notice also shall
be posted on the web site at least ten days prior to the date of
the first meeting. Upon adoption of
such a resolution, the board
is
not
required to cause the road to
be dragged at any time, or
to
cut,
destroy, or remove any brush,
weeds, briers, bushes, or
thistles
upon or along the road, or to
remove snow from the
road, or to
maintain or repair the road in
any manner. The
board, in its
discretion, may cause any of these
actions to be
performed on or
to a road that it has placed on
nonmaintained
status.
(B) Prior to adopting a resolution under division (A) of this
section, the board shall request the county engineer to issue an
advisory opinion regarding the consequences of placing the road on
nonmaintained status, including any impact such action would have
on adjoining property owners. A board may adopt a resolution under
division (A) of this section only after the county
engineer
issues the advisory opinion and the county engineer, in
the
advisory opinion, finds that placing the
road on
nonmaintained
status will not unduly adversely affect the
flow of
motor
vehicle traffic on that road or on any
adjacent road.
(C)(1) A board may terminate the nonmaintained status of a
county road by adopting a resolution to that effect. If
the
owner of land adjoining a road that has been placed on
nonmaintained status requests
the board to terminate the
nonmaintained status of the road, the
board, in its resolution
that terminates that nonmaintained
status, may require the owner
to pay the costs of upgrading
the road to locally adopted county
standards.
(2) If the owner of land adjoining a road that has been
placed on nonmaintained status upgrades the road to the standards
most recently certified by the county engineer for the road, the
board shall terminate the nonmaintained status of the road and
then shall maintain and repair the road according to such
standards. However, division (C)(2) of this section does not apply
to a road or portion of a road that, prior to being placed on
nonmaintained status, was not certified by the board
of county
commissioners to the director of transportation in
accordance
with division (D) of section 4501.04 of the Revised
Code as
mileage in the county used by and maintained for the
public.
(3) The owner of land adjoining a road that was placed on
nonmaintained status prior to the effective date of this amendment
April 7, 2009,
or the owner of land whose only access to such a
road is by
easement may petition the board for review of the
nonmaintained
status of the road if the road provides the
exclusive means for
obtaining access to the land. Upon receipt of
a petition, the
board shall review the status of the road and
shall terminate the
nonmaintained status if the board finds that
the road provides
such exclusive means for obtaining access to
the land. After
completing the review, the board shall adopt a
resolution either
retaining or terminating the nonmaintained
status of the road. If
the board terminates the nonmaintained
status of a road under
division (C)(3) of this section, the board
shall not require the
owner to pay the costs of upgrading,
maintaining, or repairing the
road.
However, division (C)(3) of
this section does not apply to a road or portion of a road that,
prior to being placed on nonmaintained status, was not certified
by the board of county commissioners to the director in accordance
with division (D) of section 4501.04 of the Revised Code as
mileage in the county used by and maintained for the public.
(D) A graveled or unimproved road may not be placed on
nonmaintained status
if the
road is the exclusive means for
obtaining access to land
that adjoins that road
and the road is
passable year-round.
(E) For purposes of this section, a road is passable
year-round
if a four-wheeled, two-wheel drive passenger motor
vehicle can
be driven on the road year-round, apart from seasonal
conditions caused by weather-related events.
Sec. 5571.20. (A) Except as otherwise provided in division
(D) of this section, a board of township trustees by resolution
may place a graveled or unimproved township road under its
jurisdiction that is not passable year-round or any portion of
such a road on nonmaintained
status. Prior to adopting a
resolution that places a road on
nonmaintained status, the board
shall hold at least two public
hearings to allow for public
comment on the proposed resolution.
The board, at special or
regular meetings, shall publicize the
times and places of the
hearings by
causing a notice to be
published in a newspaper of
general
circulation in the county in
which the road is located
at least
ten days prior to the date
of the first meeting. If the
township maintains a web site on the internet, the same notice
also shall be posted on the web site at least ten days prior to
the date of the first meeting. Upon adoption of
such a
resolution, the board is
not
required to cause the road to
be
dragged at any time, or to
cut,
destroy, or remove any brush,
weeds, briers, bushes, or
thistles
upon or along the road, or to
remove snow from the
road, or to
maintain or repair the road in
any manner. The
board, in its
discretion, may cause any of these
actions to be
performed on or
to a road that it has placed on
nonmaintained
status.
(B) Prior to adopting a resolution under division (A) of this
section, the board shall request the county engineer to issue an
advisory opinion regarding the consequences of placing the road on
nonmaintained status, including any impact such action would have
on adjoining property owners. A board may adopt a resolution under
division (A) of this section only after the county
engineer
issues the advisory opinion and the county engineer, in
the
advisory opinion, finds that placing the
road on
nonmaintained
status will not unduly adversely affect the
flow of
motor
vehicle traffic on that road or on any
adjacent road.
(C)(1) A board may terminate the nonmaintained status of a
township road by adopting a resolution to that effect. If
the
owner of land adjoining a road that has been placed on
nonmaintained status requests
the board to terminate the
nonmaintained status of the road, the
board, in its resolution
that terminates that nonmaintained
status, may require the owner
to pay the costs of upgrading
the road to locally adopted
township standards.
(2) If the owner of land adjoining a road that has been
placed on nonmaintained status upgrades the road to the standards
most recently certified by the county engineer for the road, the
board shall terminate the nonmaintained status of the road and
then shall maintain and repair the road according to such
standards. However, division (C)(2) of this section does not apply
to a road or portion of a road that, prior to being placed on
nonmaintained status, was not certified by the board
of township
trustees to the director of transportation in
accordance with
division (E) of section 4501.04 of the Revised
Code as mileage in
the township used by and maintained for the
public.
(3) The owner of land adjoining a road that was placed on
nonmaintained status prior to the effective date of this amendment
April 7, 2009,
or land owner of land whose only access to such a
road is by
easement may petition the board for review of the
nonmaintained
status of the road if the road provides the
exclusive means for
obtaining access to the land. Upon receipt of
a petition, the
board shall review the status of the road and
shall terminate the
nonmaintained status if the board finds that
the road provides
such exclusive means for obtaining access to
the land. After
completing the review, the board shall adopt a
resolution either
retaining or terminating the nonmaintained
status of the road. If
the board terminates the nonmaintained
status of a road under
division (C)(3) of this section, the board
shall not require the
owner to pay the costs of upgrading,
maintaining, or repairing the
road.
However, division (C)(3) of
this section does not apply to a road or portion of a road that,
prior to being placed on nonmaintained status, was not certified
by the board of township trustees to the director in accordance
with division (E) of section 4501.04 of the Revised Code as
mileage in the township used by and maintained for the public.
(D) A graveled or unimproved road may not be placed on
nonmaintained status
if the
road is the exclusive means for
obtaining access to land
that adjoins that road
and the road is
passable year-round.
(E) For purposes of this section, a road is passable
year-round if a four-wheeled, two-wheel drive passenger motor
vehicle can be
driven on the road year-round, apart from seasonal
conditions caused by weather-related events.
Section 101.02. That existing sections 121.51, 133.52,
151.01, 151.09, 151.40, 955.201, 1548.10,
1751.53, 2911.21,
2949.094, 3304.14, 3719.21, 3905.423, 3923.38, 4141.242, 4141.301,
4163.01,
4163.07, 4501.01,
4501.03, 4501.044,
4501.06,
4501.21, 4501.34,
4503.04, 4503.042,
4503.07,
4503.10,
4503.103,
4503.182,
4503.19, 4503.191, 4503.26, 4503.40,
4503.42, 4503.65,
4505.032, 4505.09, 4505.14, 4506.07,
4506.08,
4506.11, 4507.06,
4507.13, 4507.23,
4507.24,
4507.51, 4507.52,
4509.05, 4511.01, 4511.093, 4511.181, 4511.191,
4511.21,
4511.213,
4513.03, 4513.263, 4513.34, 4517.021, 4519.02, 4519.03,
4519.04, 4519.08,
4519.09,
4519.10, 4519.44, 4519.47, 4519.59,
4519.63, 4561.17,
4561.18,
4561.21,
4729.42, 4729.99, 4776.02,
4776.04, 4928.64, 4928.65, 4981.02, 5501.03, 5501.311, 5501.34,
5502.03,
5502.39,
5502.67, 5502.68,
5515.01, 5515.07, 5517.011,
5525.15,
5531.09, 5537.07, 5537.99,
5541.05, and 5571.20 of the
Revised
Code are
hereby repealed.
Section 105.01. That sections 955.202 and 5902.09 of the
Revised Code are hereby repealed.
Section 105.05. Section 121.53 of the Revised Code is hereby
repealed, effective September 30, 2013.
Section 120.10. That sections 1751.53 and 3923.38 of the
Revised
Code be amended to read as follows:
Sec. 1751.53. (A) As used in this section:
(1) "Group contract" means a group health insuring
corporation contract covering employees that meets either of the
following
conditions:
(a) The contract was issued by an entity that,
on June 4,
1997, holds a certificate
of
authority or license to operate
under
Chapter 1738. or 1742. of
the
Revised Code, and covers an
employee at
the time the
employee's employment is terminated.
(b) The contract is delivered,
issued for delivery, or
renewed in this state after
June 4, 1997, and
covers an employee
at
the time the employee's
employment is terminated.
(2) "Eligible employee" means an employee to whom all of
the
following apply:
(a) The employee has
been continuously covered under a group
contract or under the
contract and any prior similar group
coverage replaced by the
contract, during the entire three-month
period preceding the
termination of the employee's employment.
(b) The employee did not voluntarily terminate the employee's
employment and the termination of
employment is not a result
of
any gross misconduct on the part of
the employee The employee
is
entitled, at the time of the termination of this employment, to
unemployment compensation benefits under Chapter 4141. of the
Revised Code.
(c) The employee is not,
and does not become, covered by or
eligible for coverage by
medicare.
(d) The employee is not,
and does not become, covered by or
eligible for coverage by any
other insured or uninsured
arrangement that provides hospital,
surgical, or medical coverage
for individuals in a group and
under which the employee was not
covered immediately prior to
the termination of employment. A
person eligible for
continuation of coverage under this section,
who is also
eligible for coverage under section 3923.123 of the
Revised Code, may elect either
coverage, but not both. A person
who elects continuation of
coverage may elect any coverage
available under section 3923.123
of the Revised
Code upon the
termination of
the continuation of coverage.
(B) A group contract
shall provide that any eligible employee
may continue the
coverage under the contract, for the employee and
the employee's
eligible dependents, for a period of twelve six
months
after the date
that the group coverage would otherwise
terminate
by reason of
the termination of the employee's
employment. Each
certificate
of coverage issued to employees
under the contract
shall include
a notice of the employee's
privilege of
continuation.
(C) All of the following
apply to the continuation of group
coverage required under
division (B) of this
section:
(1) Continuation need not include any supplemental health
care services benefits or specialty health care services benefits
provided by
the group contract.
(2) The employer shall notify the employee of the right
of
continuation at the time the employer notifies the employee
of the
termination of employment. The notice shall inform the
employee of
the amount of contribution required by the employer
under division
(C)(4) of this
section.
(3) The employee shall file a written election of
continuation with the employer and pay the employer the first
contribution required under division
(C)(4) of this section. The
request and payment must be received by the employer no later
than
the earlier of any of the following dates:
(a) Thirty-one days
after the date on which the employee's
coverage would otherwise
terminate;
(b) Ten days after the
date on which the employee's coverage
would otherwise terminate,
if the employer has notified the
employee of the right of
continuation prior to this date;
(c) Ten days after the
employer notifies the employee of the
right of continuation, if
the notice is given after the date on
which the employee's
coverage would otherwise terminate.
(4) The employee must pay to the employer, on a monthly
basis, in advance, the amount of contribution required by the
employer. The amount required shall not exceed the group rate
for
the insurance being continued under the policy on the due
date of
each payment.
(5) The employee's privilege to continue coverage and the
coverage under any continuation ceases if any of the following
occurs:
(a) The employee ceases to be an eligible employee under
division (A)(2)(c)
or (d) of this section;
(b) A period of twelve six
months expires after the date that
the
employee's coverage under
the group contract would otherwise
have
terminated because of
the termination of employment;
(c) The employee fails
to make a timely payment of a required
contribution, in which
event the coverage shall cease at the end
of the coverage for
which contributions were made;
(d) The group contract
is terminated, or the employer
terminates participation under
the contract, unless the employer
replaces the coverage by
similar coverage under another contract
or other group health
arrangement. If the employer replaces the
contract with similar
group health coverage, all of the following
apply:
(i) The member shall be
covered under the replacement
coverage, for the balance of the
period that the member would have
remained covered under the
terminated coverage if it had not been
terminated.
(ii) The minimum level
of benefits under the replacement
coverage shall be the
applicable level of benefits of the contract
replaced reduced by
any benefits payable under the contract
replaced.
(iii) The contract
replaced shall continue to provide
benefits to the extent of its
accrued liabilities and extensions
of benefits as if the
replacement had not occurred.
(D) This section does
not apply to any group contract
offering only
supplemental health care services or specialty
health care services.
(E) An employer shall notify the health insuring corporation
if the employee elects continuation of coverage under this
section. The health insuring corporation may require the employer
to provide documentation if the employee elects continuation of
coverage and is seeking premium assistance for the continuation of
coverage under the "American Recovery and Investment Act of 2009,"
Pub. L. No. 111-5, 123 Stat. 115. The director of insurance shall
publish guidance for employers and health insuring corporations
regarding the contents of such
documentation.
Sec. 3923.38. (A) As used in this section:
(1) "Group policy" includes any group sickness and
accident
policy or contract delivered, issued for delivery, or
renewed in
this state on or after June 28, 1984, and any private
or public
employer self-insurance plan or other plan that
provides, or
provides payment for, health care benefits for
employees resident
in this state other than through an insurer
or
health insuring
corporation, to
which both of the following apply:
(a) The policy insures employees for hospital, surgical,
or
major medical insurance on an expense incurred or service
basis,
other than for specified diseases or for accidental
injuries only.
(b) The policy is in effect and covers an eligible
employee
at the time the employee's employment is terminated.
(2) "Eligible employee" includes only an employee to whom
all
of the following apply:
(a) The employee has been continuously insured under a
group
policy or under the policy and any prior similar group
coverage
replaced by the policy, during the entire three-month
period
preceding the termination of the employee's employment.
(b) The employee did not voluntarily terminate the employee's
employment and the
termination of employment is not a result
of
any gross misconduct
on the part of the employee The employee
is
entitled, at the time of the
termination
of the employee's
employment, to unemployment
compensation
benefits under Chapter
4141. of the Revised Code.
(c) The employee is not, and does not become, covered by
or
eligible for coverage by medicare under Title XVIII of the
Social
Security Act, as amended.
(d) The employee is not, and does not become, covered by
or
eligible for coverage by any other insured or uninsured
arrangement that provides hospital, surgical, or medical coverage
for individuals in a group and under which the person was not
covered immediately prior to such termination. A person eligible
for continuation of coverage under this section, who is also
eligible for coverage under section 3923.123 of the Revised Code,
may elect either coverage, but not both. A person who elects
continuation of coverage may elect any coverage available under
section 3923.123 of the Revised Code upon the termination of the
continuation of coverage.
(3) "Group rate" means, in the case of an employer
self-insurance or other health benefits plan, the average monthly
cost per employee, over a period of at least twelve months, of
the
operation of the plan that would represent a group insurance
rate
if the same coverage had been provided under a group
sickness and
accident insurance policy.
(B) A group policy shall provide that any eligible
employee
may continue the employee's hospital, surgical, and
medical
insurance under the policy, for the employee and the
employee's
eligible dependents, for a period of twelve six months after
the
date
that the insurance coverage would otherwise terminate by
reason of
the termination of the employee's employment.
Each
certificate of
coverage, or other notice of coverage, issued to
employees under
the policy shall include a notice of the
employee's privilege of
continuation.
(C) All of the following apply to the continuation of
coverage required under division (B) of this section:
(1) Continuation need not include dental, vision care,
prescription drug benefits, or any other benefits provided under
the policy in addition to its hospital, surgical, or major
medical
benefits.
(2) The employer shall notify the employee of the right of
continuation at the time the employer notifies the employee of
the
termination of employment. The notice shall inform the
employee of
the amount of contribution required by the employer
under division
(C)(4) of this section.
(3) The employee shall file a written election of
continuation with the employer and pay the employer the first
contribution required under division (C)(4) of this section. The
request and payment must be received by the employer no later
than
the earlier of any of the following dates:
(a) Thirty-one days after the date on which the employee's
coverage would otherwise terminate;
(b) Ten days after the date on which the employee's
coverage
would otherwise terminate, if the employer has notified
the
employee of the right of continuation prior to such date;
(c) Ten days after the employer notifies the employee of
the
right of continuation, if the notice is given after the date
on
which the employee's coverage would otherwise terminate.
(4) The employee must pay to the employer, on a monthly
basis, in advance, the amount of contribution required by the
employer. The amount required shall not exceed the group rate
for
the insurance being continued under the policy on the due
date of
each payment.
(5) The employee's privilege to continue coverage and the
coverage under any continuation ceases if any of the following
occurs:
(a) The employee ceases to be an eligible employee under
division (A)(2)(c) or (d) of this section;
(b) A period of twelve six months expires after the date that
the
employee's insurance under the policy would otherwise have
terminated because of the termination of employment;
(c) The employee fails to make a timely payment of a
required
contribution, in which event the coverage shall cease at
the end
of the coverage for which contributions were made;
(d) The policy is terminated, or the employer terminates
participation under the policy, unless the employer replaces the
coverage by similar coverage under another group policy or other
group health arrangement.
If the employer replaces the policy with similar group
health
coverage, all of the following apply:
(i) The member shall be covered under the replacement
coverage, for the balance of the period that the member would
have
remained covered under the terminated coverage if it had not been
terminated.
(ii) The minimum level of benefits under the replacement
coverage shall be the applicable level of benefits of the policy
replaced reduced by any benefits payable under the policy
replaced.
(iii) The policy replaced shall continue to provide
benefits
to the extent of its accrued liabilities and extensions
of
benefits as if the replacement had not occurred.
(D) This section does not apply to an employer's
self-insurance plan if federal law supersedes, preempts,
prohibits, or otherwise precludes its application to such plans.
(E) An employer shall notify the insurer if the employee
elects continuation of coverage under this section. The insurer
may require the employer to provide documentation if the employee
elects continuation of coverage and is seeking premium assistance
for the continuation of coverage under the "American Recovery and
Investment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115. The
director of insurance shall publish guidance for employers
and
insurers regarding the contents of such documentation.
Section 120.11. That existing sections 1751.53 and 3923.38 of
the Revised Code are hereby repealed.
Section 120.12. Sections 120.10 and 120.11 take effect
January 1,
2010.
Section 201.10. Except as otherwise provided, all
appropriation
items in this act are hereby appropriated out of any
moneys in
the state treasury to the credit of the designated
fund
that are
not otherwise appropriated. For all
appropriations made
in this
act, the amounts in the first
column are for fiscal year
2010 and
the amounts in the second
column are for fiscal year
2011.
Section 203.10. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2010 |
|
|
FY 2011 |
Highway Operating Fund Group
2120 |
772426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
4,018,649 |
|
$ |
4,018,649 |
2120 |
772427 |
|
Highway Infrastructure Bank - State |
|
$ |
10,209,272 |
|
$ |
10,209,272 |
2120 |
772429 |
|
Highway Infrastructure Bank - Local |
|
$ |
11,499,999 |
|
$ |
11,499,999 |
2120 |
772430 |
|
Infrastructure Debt Reserve Title 23-49 |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
2120 |
775408 |
|
Transit Infrastructure Bank - Local |
|
$ |
812,685 |
|
$ |
812,685 |
2120 |
775455 |
|
Title 49 Infrastructure Bank - State |
|
$ |
312,795 |
|
$ |
312,795 |
2130 |
772431 |
|
Roadway Infrastructure Bank - State |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
2130 |
772432 |
|
Roadway Infrastructure Bank - Local |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
2130 |
772433 |
|
Infrastructure Debt Reserve - State |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
2130 |
775457 |
|
Transit Infrastructure Bank - State |
|
$ |
312,082 |
|
$ |
312,082 |
2130 |
775460 |
|
Transit Infrastructure Bank - Local |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
2130 |
777477 |
|
Aviation Infrastructure Bank - State |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
2130 |
777478 |
|
Aviation Infrastructure Bank - Local |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
7002 |
770003 |
|
Administration - State - Debt Service |
|
$ |
3,415,700 |
|
$ |
1,821,000 |
7002 |
771411 |
|
Planning and Research - State |
|
$ |
21,044,516 |
|
$ |
21,463,169 |
7002 |
771412 |
|
Planning and Research - Federal |
|
$ |
23,970,770 |
|
$ |
24,214,310 |
7002 |
772421 |
|
Highway Construction - State |
|
$ |
542,801,332 |
|
$ |
517,419,558 |
7002 |
772422 |
|
Highway Construction - Federal |
|
$ |
1,091,378,700 |
|
$ |
1,065,737,629 |
7002 |
772424 |
|
Highway Construction - Other |
|
$ |
121,377,011 |
|
$ |
109,694,836 |
7002 |
772437 |
|
GARVEE Debt Service - State |
|
$ |
21,778,200 |
|
$ |
27,547,900 |
7002 |
772438 |
|
GARVEE Debt Service - Federal |
|
$ |
131,814,700 |
|
$ |
136,513,200 |
7002 |
773431 |
|
Highway Maintenance - State |
|
$ |
405,633,542 |
|
$ |
425,329,858 |
7002 |
775452 |
|
Public Transportation - Federal |
|
$ |
27,060,785 |
|
$ |
27,060,785 |
7002 |
775454 |
|
Public Transportation - Other |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
7002 |
775459 |
|
Elderly and Disabled Special Equipment |
|
$ |
4,730,000 |
|
$ |
4,730,000 |
7002 |
776462 |
|
Grade Crossings - Federal |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
7002 |
777472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
7002 |
777475 |
|
Aviation Administration |
|
$ |
4,945,697 |
|
$ |
5,186,959 |
7002 |
779491 |
|
Administration - State |
|
$ |
131,087,437 |
|
$ |
134,889,042 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
2,596,108,872 |
|
$ |
2,566,678,728 |
State Special Revenue Fund Group
4N40 |
776663 |
|
Panhandle Lease Reserve Payments |
|
$ |
762,600 |
|
$ |
764,300 |
4N40 |
776664 |
|
Rail Transportation - Other |
|
$ |
2,111,500 |
|
$ |
2,111,500 |
5W90 |
777615 |
|
County Airport Maintenance |
|
$ |
620,000 |
|
$ |
620,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,494,100 |
|
$ |
3,495,800 |
Intrastructure Bank Obligations Fund Group
7045 |
772428 |
|
Highway Infrastructure Bank - Bonds |
|
$ |
71,000,000 |
|
$ |
65,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
71,000,000 |
|
$ |
65,000,000 |
Highway Capital Improvement Fund Group
7042 |
772723 |
|
Highway Construction - Bonds |
|
$ |
194,000,000 |
|
$ |
163,000,000 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
194,000,000 |
|
$ |
163,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,864,602,972 |
|
$ |
2,798,174,528 |
Section 203.11. PUBLIC ACCESS ROADS FOR DNR FACILITIES
Of the
foregoing appropriation item 772421, Highway
Construction – State,
$5,000,000 shall be used in each fiscal
year for the construction,
reconstruction, or maintenance of
public access roads, including
support features, to and within
state facilities owned or operated
by the Department of Natural
Resources.
Section 203.12. PUBLIC ACCESS ROADS FOR PARKS AND EXPOSITIONS
COMMISSION FACILITIES
Notwithstanding section 5511.06 of the
Revised Code, of the
foregoing appropriation item 772421, Highway
Construction –
State, $2,228,000 in each fiscal year shall be used
for the
construction, reconstruction, or maintenance of park
drives or
park roads within the boundaries of metropolitan parks.
The Department of Transportation may use the foregoing
appropriation item 772421, Highway Construction – State, to
perform related road work on behalf of the Ohio Expositions
Commission at the state fairgrounds, including reconstruction or
maintenance of public access roads and support features to and
within fairground facilities, as requested by the Commission and
approved by the Director of Transportation.
Section 203.13. DIRECT INVESTMENT IN PUBLIC TRANSIT
Of the foregoing appropriation item 772422, Highway
Construction – Federal, $7,500,000 shall be used in each fiscal
year to provide grants to local transit authorities to purchase or
improve public transit vehicles. To provide for a cleaner
environment, new transit vehicles purchased and improvements made
to a local transit authority's existing fleet of vehicles with
funds provided under this section must foster the goals of
increasing fuel efficiency, reducing emissions, and using
alternative fuels, as appropriate.
Section 203.16. DIESEL EMISSIONS REDUCTION PILOT PROJECT
Of the foregoing appropriation item 772422, Highway
Construction – Federal, $600,000 shall be used in fiscal year 2010
for a truck stop electrification pilot project to reduce diesel
emissions from commercial vehicles.
Section 203.20. ISSUANCE OF BONDS
The Treasurer of State, upon the request of the Director of
Transportation, is authorized to issue and sell, in accordance
with
Section 2m of Article VIII, Ohio Constitution, and Chapter
151. and particularly sections 151.01 and 151.06 of the Revised
Code, obligations, including bonds and
notes, in the aggregate
amount of $352,000,000
in addition to the
original issuance of
obligations
authorized by prior
acts of the General Assembly.
The obligations shall be dated, issued, and sold from time to
time in amounts necessary to provide sufficient
moneys to the
credit of the
Highway Capital Improvement Fund (Fund
7042) created
by section
5528.53 of the
Revised Code to pay costs
charged to the
fund when due as estimated by the
Director of
Transportation,
provided, however, that such obligations shall be issued and sold
at such time or times so that not more than $220,000,000 original
principal amount of obligations, plus the principal amount of
obligations that in prior fiscal years could have been, but were
not, issued within the $220,000,000 limit, may be issued in any
fiscal year, and not more than $1,200,000,000 original principal
amount of such obligations are outstanding at any one time.
Section 203.30. TRANSFER OF HIGHWAY OPERATING FUND (FUND
7002) APPROPRIATIONS:
PLANNING
AND
RESEARCH, HIGHWAY
CONSTRUCTION, HIGHWAY MAINTENANCE,
RAIL,
AVIATION,
AND
ADMINISTRATION
The Director of Budget and Management may approve requests
from
the Director of Transportation for transfer of Highway
Operating Fund (Fund 7002)
appropriations for highway planning and
research (appropriation
items
771411 and 771412), highway
construction (appropriation
items 772421,
772422, 772424, 772437,
and 772438), highway
maintenance
(appropriation item 773431),
rail grade crossings
(appropriation item 776462), aviation
(appropriation item
777475),
and administration (appropriation
item 779491).
The
Director of Budget and Management may
not make
transfers out of debt service appropriation
items unless
the
Director determines that the appropriated amounts
exceed the
actual and projected debt service requirements.
Transfers of
appropriations
may be made upon the
written request
of the
Director of Transportation and with the
approval of the
Director
of Budget and Management. The
transfers shall be
reported
to the
Controlling Board at the next
regularly scheduled
meeting
of the
board.
This transfer authority is intended to provide for emergency
situations and flexibility to meet unforeseen conditions that
could arise during the budget period. It also is intended to
allow
the
department to optimize the use of available resources
and
adjust
to circumstances affecting the obligation and
expenditure
of
federal funds.
TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL AND
LOCAL
TRANSIT
The Director of Budget and Management may approve written
requests
from the Director of Transportation for the transfer of
appropriations between appropriation items 772422, Highway
Construction - Federal, 775452, Public Transportation -
Federal,
775454, Public Transportation - Other, and 775459, Elderly and
Disabled Special Equipment, based upon transit capital projects
meeting Federal
Highway Administration and Federal Transit
Administration funding
guidelines. The transfers shall be reported
to the Controlling
Board at its next regularly scheduled meeting.
TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE
BANK
The Director of Budget and Management may approve requests
from the Director
of Transportation for transfer of
appropriations
and
cash of the
Infrastructure Bank funds created
in section
5531.09 of the Revised Code,
including transfers
between fiscal
years 2010 and 2011. The transfers shall
be
reported to the
Controlling Board at its next regularly scheduled
meeting.
The Director of Budget and Management may approve requests
from the Director
of Transportation for transfer of
appropriations
and
cash from the Highway Operating Fund (Fund
7002)
to the
Infrastructure Bank funds
created in section 5531.09
of the
Revised Code.
The Director of Budget and Management may
transfer
from the Infrastructure Bank funds to the
Highway
Operating Fund
up to the amounts originally
transferred to the
Infrastructure
Bank funds under this
section. However, the
Director may not make
transfers
between modes or
transfers
between different funding
sources. The transfers shall be
reported
to the Controlling Board
at its next regularly scheduled meeting.
TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS
The Director of Budget and Management may approve requests
from the Director of Transportation for transfer of appropriations
and cash of the Ohio Tolling Fund and any sub-accounts created in
section 5531.14 of the Revised Code, including transfers between
fiscal years 2010 and 2011. The transfers shall be reported to the
Controlling Board at its next regularly scheduled meeting.
INCREASING APPROPRIATIONS: STATE FUNDS
In the event that receipts or unexpended balances credited to
the Highway Operating Fund (Fund 7002) exceed the estimates upon
which the
appropriations have been made in
this act, upon the
request of
the
Director of
Transportation, the Controlling Board
may
increase
those appropriations in the manner
prescribed in
section 131.35
of the
Revised Code.
INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS
In the event that receipts or unexpended balances credited to
the Highway Operating Fund (Fund 7002) or apportionments or
allocations made
available from the federal and local government
exceed the
estimates
upon which the appropriations have been made
in
this
act, upon the request of
the
Director of Transportation,
the
Controlling Board may increase
those appropriations in the
manner prescribed in section 131.35
of the Revised Code.
Upon approval of the Director of Budget and Management, all
appropriations of the Highway Operating Fund (Fund 7002),
the
Highway
Capital Improvement Fund (Fund 7042), and the
Infrastructure
Bank funds created in section 5531.09 of the
Revised Code remaining
unencumbered on June 30, 2009, are hereby
reappropriated for the same purpose in
fiscal year 2010.
Upon approval of the Director of Budget and Management, all
appropriations of the Highway Operating Fund (Fund 7002), the
Highway
Capital Improvement Fund (Fund 7042), and the
Infrastructure
Bank funds created in section 5531.09 of the
Revised Code
remaining unencumbered on
June 30, 2010, are hereby
reappropriated for the same purpose in fiscal
year 2011.
Any balances of prior years' appropriations to the Highway
Operating Fund (Fund 7002), the Highway Capital Improvement Fund
(Fund 7042), and the Infrastructure Bank funds created in section
5531.09 of the Revised Code that are unencumbered on June 30,
2009, subject to the availability of revenue as determined by the
Director of Transportation, are hereby reappropriated for the same
purpose in fiscal year 2010 upon the request of the Director of
Transportation and with the approval of the Director of Budget and
Management. The reappropriations shall be reported to the
Controlling Board.
Any balances of prior years' appropriations to the Highway
Operating Fund (Fund 7002), the Highway Capital Improvement Fund
(Fund 7042), and the Infrastructure Bank funds created in section
5531.09 of the Revised Code that are unencumbered on June 30,
2010, subject to the availability of revenue as determined by the
Director of Transportation, are hereby reappropriated for the same
purpose in fiscal year 2011 upon the request of the Director of
Transportation and with the approval of the Director of Budget and
Management. The reappropriations shall be reported to the
Controlling Board.
LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made from the Highway Operating Fund (Fund
7002) not otherwise restricted by law is available to liquidate
unforeseen liabilities arising from contractual agreements of
prior years when the prior year encumbrance is insufficient.
Section 203.40. MAINTENANCE INTERSTATE HIGHWAYS
The Director of Transportation may remove snow and ice and
maintain, repair, improve, or provide lighting upon interstate
highways that are located within the boundaries of municipal
corporations, adequate to meet the requirements of federal law.
When agreed in writing by the Director of Transportation and the
legislative authority of a municipal corporation and
notwithstanding sections 125.01 and 125.11 of the Revised Code,
the Department of Transportation may reimburse a municipal
corporation for all or any part of the costs, as provided by such
agreement, incurred by the municipal corporation in maintaining,
repairing, lighting, and removing snow and ice from the interstate
system.
Section 203.50. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS
The Director of Transportation may use revenues from the
state
motor
vehicle fuel tax to match approved federal grants
awarded to the
Department of
Transportation, regional transit
authorities, or eligible public
transportation
systems, for public
transportation highway purposes, or to
support local or
state
funded projects for public transportation highway purposes.
Public
transportation highway purposes include: the construction
or
repair of high-occupancy vehicle traffic lanes, the acquisition
or
construction of
park-and-ride facilities, the acquisition or
construction of
public
transportation vehicle loops, the
construction or repair of
bridges used by
public transportation
vehicles or that are the responsibility of
a regional
transit
authority or other public transportation system, or other
similar
construction that is designated as an eligible public
transportation highway
purpose. Motor vehicle fuel tax revenues
may not be used for operating
assistance or for the purchase of
vehicles, equipment, or maintenance
facilities.
Section 203.60. RENTAL PAYMENTS - OBA
The foregoing appropriation item 770003, Administration -
State
- Debt Service, shall be used to pay rent to the Ohio
Building
Authority for the period July 1, 2009, to June 30, 2011,
under the primary leases and agreements for various transportation
related capital facilities financed by obligations issued under
Chapter 152. of the Revised Code. The rental payments
shall be
made from
revenues received from the motor vehicle fuel
tax. The
amounts of
any bonds and notes to finance such capital
facilities
shall be at
the request of the Director of
Transportation.
Notwithstanding
section 152.24 of the Revised
Code, the Ohio
Building Authority
may, with approval of the
Office of Budget and
Management, lease
capital facilities to the
Department of
Transportation.
The Director of Transportation shall hold title to any land
purchased and any resulting structures that are attributable to
appropriation item 770003. Notwithstanding section 152.18 of the
Revised
Code, the Director of Transportation shall administer any
purchase of
land and any contract for construction,
reconstruction, and
rehabilitation of facilities as a result of
this appropriation.
Should the appropriation and any reappropriations from prior
years in appropriation item 770003 exceed the rental payments for
fiscal year
2010 or 2011, then prior to June 30, 2011, the balance
may be
transferred to appropriation item 772421, Highway
Construction - State, 773431, Highway Maintenance - State, or
779491, Administration - State, upon the written request of
the
Director of Transportation and with
the approval of the
Director
of Budget and Management. The transfer
shall be reported to
the
Controlling Board at its next regularly
scheduled meeting.
Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY
State Highway Safety Fund Group
4W40 |
762321 |
|
Operating Expense - BMV |
|
$ |
85,145,103 |
|
$ |
89,005,103 |
4W40 |
762410 |
|
Registrations Supplement |
|
$ |
31,753,145 |
|
$ |
32,480,610 |
5V10 |
762682 |
|
License Plate Contributions |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
7036 |
761321 |
|
Operating Expense - Information and Education |
|
$ |
8,819,954 |
|
$ |
8,828,661 |
7036 |
761401 |
|
Lease Rental Payments |
|
$ |
13,337,000 |
|
$ |
11,836,200 |
7036 |
764033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
7036 |
764321 |
|
Operating Expense - Highway Patrol |
|
$ |
269,887,828 |
|
$ |
269,975,259 |
7036 |
764605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
3,340,468 |
|
$ |
3,340,468 |
8300 |
761603 |
|
Salvage and Exchange - Administration |
|
$ |
20,800 |
|
$ |
21,632 |
8310 |
761610 |
|
Information and Education - Federal |
|
$ |
468,982 |
|
$ |
468,982 |
8310 |
764610 |
|
Patrol - Federal |
|
$ |
2,455,484 |
|
$ |
2,455,484 |
8310 |
764659 |
|
Transportation Enforcement - Federal |
|
$ |
6,132,592 |
|
$ |
6,132,592 |
8310 |
765610 |
|
EMS - Federal |
|
$ |
582,007 |
|
$ |
582,007 |
8310 |
767610 |
|
Liquor Enforcement - Federal |
|
$ |
514,184 |
|
$ |
514,184 |
8310 |
769610 |
|
Food Stamp Trafficking Enforcement - Federal |
|
$ |
1,032,135 |
|
$ |
1,032,135 |
8310 |
769631 |
|
Homeland Security - Federal |
|
$ |
2,100,000 |
|
$ |
2,184,000 |
8320 |
761612 |
|
Traffic Safety - Federal |
|
$ |
16,577,565 |
|
$ |
16,577,565 |
8350 |
762616 |
|
Financial Responsibility Compliance |
|
$ |
6,063,600 |
|
$ |
6,063,600 |
8370 |
764602 |
|
Turnpike Policing |
|
$ |
11,553,959 |
|
$ |
11,553,959 |
8380 |
764606 |
|
Patrol Reimbursement |
|
$ |
100,000 |
|
$ |
100,000 |
83C0 |
764630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F0 |
764657 |
|
Law Enforcement Automated Data System |
|
$ |
10,984,978 |
|
$ |
9,053,266 |
83G0 |
764633 |
|
OMVI Enforcement/Education |
|
$ |
650,000 |
|
$ |
650,000 |
83J0 |
764693 |
|
Highway Patrol Justice Contraband |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
83M0 |
765624 |
|
Operating Expense - Trauma and EMS |
|
$ |
2,915,113 |
|
$ |
2,924,562 |
83N0 |
761611 |
|
Elementary School Seat Belt Program |
|
$ |
390,000 |
|
$ |
405,600 |
83P0 |
765637 |
|
EMS Grants |
|
$ |
4,562,912 |
|
$ |
4,562,912 |
83R0 |
762639 |
|
Local Immobilization Reimbursement |
|
$ |
750,000 |
|
$ |
750,000 |
83T0 |
764694 |
|
Highway Patrol Treasury Contraband |
|
$ |
21,000 |
|
$ |
21,000 |
8400 |
764607 |
|
State Fair Security |
|
$ |
1,396,283 |
|
$ |
1,396,283 |
8400 |
764617 |
|
Security and Investigations |
|
$ |
6,317,530 |
|
$ |
6,432,686 |
8400 |
764626 |
|
State Fairgrounds Police Force |
|
$ |
830,769 |
|
$ |
849,883 |
8400 |
769632 |
|
Homeland Security - Operating |
|
$ |
1,552,049 |
|
$ |
1,614,131 |
8410 |
764603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,339,399 |
|
$ |
1,339,399 |
8440 |
761613 |
|
Seat Belt Education Program |
|
$ |
400,000 |
|
$ |
400,000 |
8460 |
761625 |
|
Motorcycle Safety Education |
|
$ |
3,324,987 |
|
$ |
3,538,903 |
8490 |
762627 |
|
Automated Title Processing Board |
|
$ |
19,240,839 |
|
$ |
19,240,839 |
TOTAL HSF State Highway Safety Fund Group |
|
$ |
520,633,559 |
|
$ |
522,404,799 |
General Services Fund Group
4P60 |
768601 |
|
Justice Program Services |
|
$ |
1,070,962 |
|
$ |
1,109,004 |
4S30 |
766661 |
|
Hilltop Utility Reimbursement |
|
$ |
520,000 |
|
$ |
540,800 |
5ET0 |
768625 |
|
Drug Law Enforcement |
|
$ |
4,200,000 |
|
$ |
4,200,000 |
5Y10 |
764695 |
|
Highway Patrol Continuing Professional Training |
|
$ |
280,820 |
|
$ |
280,820 |
5Y10 |
767696 |
|
Investigative Unit Continuing Professional Training |
|
$ |
15,000 |
|
$ |
15,000 |
TOTAL GSF General Services Fund Group |
|
$ |
6,086,782 |
|
$ |
6,145,624 |
Federal Special Revenue Fund Group
3290 |
763645 |
|
Federal Mitigation Program |
|
$ |
10,801,636 |
|
$ |
11,233,702 |
3370 |
763609 |
|
Federal Disaster Relief |
|
$ |
27,707,636 |
|
$ |
27,707,636 |
3390 |
763647 |
|
Emergency Management Assistance and Training |
|
$ |
84,031,935 |
|
$ |
84,072,023 |
3AY0 |
768606 |
|
Federal Justice Grants |
|
$ |
1,020,000 |
|
$ |
745,000 |
3CB0 |
768691 |
|
Federal Justice Grants - FFY06 |
|
$ |
920,000 |
|
$ |
795,000 |
3CC0 |
768609 |
|
Justice Assistance Grants - FFY07 |
|
$ |
1,450,000 |
|
$ |
1,215,000 |
3DE0 |
768612 |
|
Federal Stimulus - Justice Assistance Grants |
|
$ |
36,146,492 |
|
$ |
1,902,447 |
3L50 |
768604 |
|
Justice Program |
|
$ |
12,056,300 |
|
$ |
12,056,300 |
3N50 |
763644 |
|
U.S. Department of Energy Agreement |
|
$ |
31,358 |
|
$ |
31,672 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
174,165,357 |
|
$ |
139,758,780 |
State Special Revenue Fund Group
4V30 |
763662 |
|
EMA Service and Reimbursement |
|
$ |
4,474,751 |
|
$ |
4,653,743 |
5390 |
762614 |
|
Motor Vehicle Dealers Board |
|
$ |
200,000 |
|
$ |
200,000 |
5B90 |
766632 |
|
Private Investigator and Security Guard Provider |
|
$ |
1,341,478 |
|
$ |
1,395,137 |
5BK0 |
768687 |
|
Criminal Justice Services - Operating |
|
$ |
400,000 |
|
$ |
400,000 |
5BK0 |
768689 |
|
Family Violence Shelter Programs |
|
$ |
750,000 |
|
$ |
750,000 |
5CM0 |
767691 |
|
Federal Investigative Seizure |
|
$ |
642,175 |
|
$ |
642,175 |
5DS0 |
769630 |
|
Homeland Security |
|
$ |
517,350 |
|
$ |
538,044 |
5FF0 |
762621 |
|
Indigent Interlock and Alcohol Monitoring |
|
$ |
1,600,000 |
|
$ |
2,750,000 |
5FL0 |
769634 |
|
Investigations |
|
$ |
1,172,080 |
|
$ |
1,195,522 |
6220 |
767615 |
|
Investigative Contraband and Forfeiture |
|
$ |
375,000 |
|
$ |
375,000 |
6570 |
763652 |
|
Utility Radiological Safety |
|
$ |
1,413,889 |
|
$ |
1,415,945 |
6810 |
763653 |
|
SARA Title III HAZMAT Planning |
|
$ |
254,794 |
|
$ |
262,438 |
8500 |
767628 |
|
Investigative Unit Salvage |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
13,241,517 |
|
$ |
14,678,004 |
Liquor Control Fund Group
7043 |
767321 |
|
Liquor Enforcement - Operating |
|
$ |
12,007,894 |
|
$ |
11,897,178 |
TOTAL LCF Liquor Control Fund Group |
|
$ |
12,007,894 |
|
$ |
11,897,178 |
5J90 |
761678 |
|
Federal Salvage/GSA |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL AGY Agency Fund Group |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
Holding Account Redistribution Fund Group
R024 |
762619 |
|
Unidentified Motor Vehicle Receipts |
|
$ |
1,885,000 |
|
$ |
1,885,000 |
R052 |
762623 |
|
Security Deposits |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL 090 Holding Account Redistribution Fund Group |
|
$ |
2,235,000 |
|
$ |
2,235,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
729,870,109 |
|
$ |
698,619,383 |
MOTOR VEHICLE REGISTRATION
The Registrar of Motor Vehicles may deposit
revenues to meet
the cash needs of the State Bureau of
Motor Vehicles Fund (Fund
4W40) established in section 4501.25 of
the Revised Code, obtained
under sections 4503.02 and
4504.02 of the Revised Code, less
all
other available cash. Revenue deposited pursuant to this
paragraph
shall support, in part,
appropriations for operating
expenses and
defray the cost of
manufacturing and distributing
license plates
and license plate
stickers and enforcing the law
relative to the
operation and
registration of motor vehicles.
Notwithstanding
section 4501.03 of the Revised Code, the revenues
shall be
paid
into Fund 4W40 before
any
revenues
obtained
pursuant to sections
4503.02 and 4504.02 of
the Revised
Code are
paid into any other
fund. The deposit of
revenues to meet
the aforementioned
cash
needs shall be in
approximately equal
amounts on a monthly basis
or as otherwise
determined by the
Director of Budget and
Management
pursuant to a
plan submitted by
the Registrar of Motor
Vehicles.
CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND
Notwithstanding any provision of law to the contrary, on July
1, 2009, or as soon as possible thereafter, the Director of Budget
and Management may transfer, from the Bureau of Motor Vehicles
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060
to the Investigations Fund (Fund 5FL0).
Notwithstanding any provision to the contrary, the Director
of Budget and Management may make additional cash transfers in
fiscal years 2010 and 2011 from the Bureau of Motor Vehicles Fund
(Fund 4W40) to any of the following five funds if the Director of
Public Safety determines that the cash balance is insufficient in
those funds and requests the Director to make the transfer: the
Justice Program Services Fund (Fund 4P60), the EMA Service and
Reimbursement Fund (Fund 4V30), the Investigations Fund (Fund
5FL0), the Homeland Security Fund (Fund 5DS0), and the Trauma and
Emergency Medical Services Fund (Fund 83M0).
The Registrar of Motor Vehicles may
transfer cash
from the
State Bureau of Motor Vehicles Fund (Fund 4W40) to the
State
Highway
Safety Fund (Fund 7036) to meet its obligations for
capital
projects CIR-047, Department of Public Safety Office
Building and
CIR-049, Warehouse Facility.
OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS
The foregoing appropriation item 761401, Lease Rental
Payments,
shall be used for payments to the Ohio Building
Authority for the
period July 1, 2009, to June 30, 2011, under the
primary
leases and agreements for public safety related buildings
financed by obligations issued under Chapter 152. of
the
Revised
Code. Notwithstanding section 152.24 of the Revised
Code, the Ohio
Building Authority may, with approval of the
Director of Budget
and Management, lease capital facilities to the
Department of
Public Safety.
The Director of Public Safety shall determine, per an
agreement with the
Director of Transportation, the share of each
debt service payment made out of
appropriation item 761401, Lease
Rental Payments, that relates to the
Department of
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the amounts
of this
share. The Director of Budget and Management shall
transfer the amounts of such shares from
the Highway Operating
Fund (Fund 7002) to
the State Highway Safety Fund (Fund 7036).
CASH TRANSFERS OF SEAT BELT FINE REVENUES
Notwithstanding any provision of law to the contrary,
the
Controlling Board, upon request of the Director of Public
Safety,
may approve the transfer of cash between the following
four funds
that receive fine revenues from enforcement of the
mandatory seat
belt law: the Trauma and Emergency Medical Services
Fund (Fund
83M0), the Elementary School Program Fund (Fund 83N0),
the Trauma
and Emergency Medical Services Grants Fund (Fund 83P0),
and the
Seat Belt Education Fund (Fund 8440).
The State Disaster Relief Fund (Fund
5330) may accept
transfers of cash and appropriations from
Controlling Board
appropriation items for Ohio Emergency
Management Agency disaster
response costs and disaster program
management costs, and may
also be used for the following purposes:
(A) To accept transfers of cash and appropriations from
Controlling Board appropriation items for Ohio Emergency
Management Agency public assistance and mitigation program match
costs to reimburse eligible local governments and private
nonprofit organizations for costs related to disasters;
(B) To accept and transfer cash to reimburse the costs
associated with Emergency Management Assistance Compact (EMAC)
deployments;
(C) To accept disaster related reimbursement from federal,
state, and local governments. The Director of Budget and
Management may transfer cash from reimbursements received by this
fund to other funds of the state from which transfers were
originally approved by the Controlling Board.
(D) To accept transfers of cash and appropriations from
Controlling Board appropriation items to fund the State Disaster
Relief Program, for disasters that have been declared by the
Governor, and the State Individual Assistance Program for
disasters that have been declared by the Governor and the federal
Small Business Administration. The Ohio Emergency Management
Agency shall publish and make available application packets
outlining procedures for the State Disaster Relief Program and the
State Individual Assistance Program.
JUSTICE ASSISTANCE GRANT FUND
The federal payments made to the state for the Byrne Justice
Assistance Grants Program under Title II of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),
which is hereby created in the state treasury. All investment
earnings of the fund shall be credited to the fund.
JUSTICE ASSISTANCE GRANTS
The foregoing appropriation item 768612, Federal Stimulus -
Justice Assistance
Grants, shall be used to support activities
to prevent and control
crime and to improve the criminal justice
system.
FAMILY VIOLENCE PREVENTION FUND
Notwithstanding any provision of law to the contrary,
in
each of fiscal years 2010 and 2011, the first $750,000 received
to the credit of the Family Violence Prevention Fund (Fund 5BK0)
in
each of those fiscal years shall be appropriated to
appropriation
item 768689, Family Violence Shelter Programs, and
the next
$400,000 received to the credit of Fund 5BK0 in each of
those fiscal years shall
be
appropriated to appropriation item
768687, Criminal Justice
Services - Operating. Any moneys
received to the credit of Fund 5BK0 in excess of the
aforementioned appropriated amounts in each fiscal year shall,
upon the approval of the Controlling Board, be used to
provide
grants to family violence shelters in Ohio.
SARA TITLE III HAZMAT PLANNING
The SARA Title III HAZMAT Planning Fund (Fund 6810) is
entitled to
receive grant funds
from the Emergency Response
Commission to
implement the Emergency Management
Agency's
responsibilities under
Chapter 3750. of the Revised Code.
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division
(B)
of section 131.35 of the Revised Code, except for the General
Revenue
Fund, the Controlling Board may, upon the request of
either the
Director of Budget and Management, or the Department of
Public
Safety
with the approval of the Director of Budget and
Management,
increase
appropriations for any fund, as necessary for
the Department of
Public Safety, to assist in paying the costs of
increases in
employee
compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code.
Not later than the first day of April in each fiscal year of
the biennium, the
Director of Budget and
Management shall review
the cash balances for each fund, except
the
State Highway Safety
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund
4W40),
in the State Highway Safety
Fund Group, and shall
recommend to the
Controlling Board an amount to be
transferred
to
the credit of Fund 7036 or Fund 4W40, as
appropriate.
Section 207.10. DEV DEPARTMENT OF DEVELOPMENT
State Special Revenue Fund Group
4W00 |
195629 |
|
Roadwork Development |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
ROADWORK DEVELOPMENT FUND
The Roadwork Development Fund shall be used for road
improvements associated
with economic development opportunities
that will retain or attract businesses
for Ohio.
"Road
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site.
The Department of Transportation, under the direction of the
Department of
Development, shall provide these funds in accordance
with all guidelines and
requirements established for Department of
Development appropriation item
195412, Business
Development,
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 5a
of Article
XII, Ohio Constitution.
Should the Department of
Development require the
assistance of the Department of
Transportation to bring a project to
completion, the Department of
Transportation shall use its authority under
Title LV of the
Revised Code to provide such assistance and may enter into
contracts
on behalf of the Department of Development. In addition,
these
funds may be used in conjunction with appropriation item
195412,
Business
Development, or any
other state funds
appropriated for
infrastructure improvements.
The Director of Budget and Management, pursuant to a plan
submitted by the Director of Development or as otherwise
determined by the Director of Budget and Management, shall set a
cash transfer schedule
to meet the cash needs of the Department of
Development's Roadwork Development Fund (Fund 4W00), less any
other
available cash. The Director
shall transfer to the Roadwork
Development Fund from the Highway Operating Fund (Fund 7002),
established in section 5735.291 of the Revised Code, such amounts
at such times as determined by the transfer schedule.
TRANSPORTATION IMPROVEMENT DISTRICTS
Notwithstanding section 5540.151 of the Revised Code and any
other restrictions that apply to the distribution of Roadwork
Development Grants, of the foregoing appropriation item 195629,
Roadwork Development, $250,000 in each fiscal year shall be
distributed by the Director of Development to each of the
Transportation Improvement Districts in Belmont, Butler, Clermont,
Hamilton, Lorain, Medina, Montgomery, Muskingum, and Stark
counties, and to the Rossford Transportation Improvement District
in Wood County.
Section 209.10. PWC PUBLIC WORKS COMMISSION
Local Transportation Improvements Fund Group
7052 |
150402 |
|
Local Transportation Improvement Program - Operating |
|
$ |
299,001 |
|
$ |
306,178 |
7052 |
150701 |
|
Local Transportation Improvement Program |
|
$ |
67,317,000 |
|
$ |
67,400,000 |
TOTAL 052 Local Transportation |
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
67,616,001 |
|
$ |
67,706,178 |
Local Infrastructure Improvements Fund Group
7038 |
150321 |
|
State Capital Improvements Program - Operating Expenses |
|
$ |
897,383 |
|
$ |
918,912 |
TOTAL LIF Local Infrastructure
|
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
897,383 |
|
$ |
918,912 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
68,513,384 |
|
$ |
68,625,090 |
DISTRICT ADMINISTRATION COSTS
The Director of the Public Works Commission is authorized to
create a
District Administration Costs Program from interest
earnings of the Capital Improvements
Fund and Local
Transportation
Improvement Program Fund proceeds. The program shall be used to
provide for the direct costs of district
administration of the
nineteen
public works districts. Districts choosing to participate
in the program
shall only expend State Capital Improvements Fund
moneys
for State Capital Improvements Fund costs and
Local
Transportation
Improvement Program Fund moneys for Local
Transportation
Improvement
Program Fund costs. The account shall
not exceed
$1,235,000 per fiscal year. Each public works district
may be
eligible for up to
$65,000 per fiscal year from its
district
allocation as provided in sections
164.08 and 164.14 of
the
Revised Code.
The Director, by rule, shall define allowable and
nonallowable
costs for the purpose of the District Administration
Costs
Program. Nonallowable costs include indirect costs,
elected
official salaries and benefits, and project-specific costs. No
district public works committee may participate in the District
Administration Costs Program without the approval of those costs
by the district public works committee under section 164.04
of
the
Revised Code.
All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 7052) in Am. Sub. H.B. 67 of the
127th
General Assembly remaining unencumbered as of June 30, 2009,
are
reappropriated for use during the period July 1, 2009, through
June 30, 2010, for the same purpose.
Notwithstanding division (B) of section 127.14 of the Revised
Code, all capital appropriations and reappropriations from the
Local
Transportation Improvement Program Fund (Fund 7052) in this
act
remaining
unencumbered as of June 30, 2010, are
reappropriated
for use
during the period July 1, 2010, through
June 30, 2011, for
the
same purposes, subject to the availability
of
revenue as
determined by the Director of the Public Works
Commission.
Section 301.10. For all appropriations made in Sections
303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 317.10,
318.10,
319.10, 321.10, and 325.10 of this act, those in
the first column
are for fiscal year 2008 and those in the second
column are for
fiscal year 2009. The appropriations made in these sections are in
addition to any other appropriations made for fiscal
years 2008
and 2009.
Section 303.10. The federal payments made to the state
for
the nutrition program under Title
VIII of Division A of the
American Recovery and Reinvestment Act
of 2009 shall be deposited
to the credit of the Federal Supportive
Services Fund (Fund
3M40).
The federal payments made to the state for the senior
community service employment
program under Title VIII of Division
A of the American Recovery
and Reinvestment Act of 2009 shall be
deposited to the credit of
the Federal Aging Grants Fund (Fund
3220).
The items in this section are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds that are not otherwise appropriated.
AGE DEPARTMENT OF AGING
Federal Special Revenue Fund Group
3220 |
490618 |
|
Federal Aging Grants |
|
$ |
0 |
|
$ |
1,035,934 |
3M40 |
490612 |
|
Federal Supportive Services |
|
$ |
0 |
|
$ |
2,991,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
4,026,934 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
4,026,934 |
The foregoing appropriation items 490618, Federal Aging
Grants, and 490612, Federal Supportive Services, shall be used in
accordance with the requirements of the American Recovery and
Reinvestment Act of 2009 that apply to the money appropriated.
Section 305.10. The federal payments made to the state
for
crime victims assistance grants under Title II of Division A
of
the American Recovery and Reinvestment Act of 2009 shall be
deposited to the credit of the Crime Victims Assistance Fund (Fund
3830).
The federal payments made to the state for crime victims
compensation under Title II of Division A of the American Recovery
and Reinvestment Act of 2009 shall be deposited to the credit of
the Reparations Fund (Fund 4020).
The items in this section are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds that are not otherwise appropriated.
AGO ATTORNEY GENERAL
Federal Special Revenue Fund Group
3830 |
055634 |
|
Crime Victims Assistance |
|
$ |
0 |
|
$ |
1,271,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
1,271,000 |
State Special Revenue Fund Group
4020 |
055616 |
|
Victims of Crime |
|
$ |
0 |
|
$ |
2,061,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
0 |
|
$ |
2,061,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
3,332,000 |
The foregoing appropriation items 055634, Crime Victims
Assistance, and 055616, Victims of Crime, shall be used in
accordance with the requirements of the American Recovery and
Reinvestment Act of 2009 that apply to the money appropriated.
Section 307.10. The federal payments made to the state
for
the Leaking Underground Storage Tank Program under Title VII
of
Division A of the American Recovery and Reinvestment Act of
2009
shall be deposited to the credit of the Federal Stimulus -
Underground
Storage Tank Fund (Fund 3DF0).
The item in this section is appropriated as designated
out
of any moneys in the state treasury to the credit of Fund 3DF0
that are not otherwise appropriated.
COM DEPARTMENT OF COMMERCE
Federal Special Revenue Fund Group
3DF0 |
800606 |
|
Federal Stimulus - Underground Storage Tank |
|
$ |
0 |
|
$ |
10,000,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
10,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
10,000,000 |
The foregoing appropriation item 800606, Federal Stimulus -
Underground
Storage Tank, shall be used in accordance with the
requirements of
the American Recovery and Reinvestment Act of
2009 that apply to
the money appropriated.
Section 309.10. The federal payments made to the state
for
the Weatherization Assistance Program and the State Energy
Grant
Program under Title IV of Division A of the
American
Recovery
and
Reinvestment Act of 2009 shall be deposited
to the
credit
of the
Federal Special Revenue Fund (Fund 3080).
The federal payments made to the state for the Energy
Star
Rebate Program under the American Recovery and Reinvestment
Act
of 2009 shall be deposited to the credit of the Energy Star
Rebate Program Fund (Fund 3DA0), which is hereby created in the
state treasury.
The federal payments made to the state for the Energy
Efficiency and Conservation Block Grants Program under Title IV of
Division A of the American Recovery and Reinvestment Act of 2009
shall be deposited to the credit of the Energy Efficiency and
Conservation Block Grants Fund (Fund 3DB0), which is hereby
created in the state treasury.
The federal payments made to the state for the Community
Development Block Grant program under Title XII of Division A of
the American Recovery and Reinvestment Act of 2009 shall be
deposited to the credit of the Community Development Block Grant
Fund (Fund 3K80).
The federal payments made to the state for community
services block grants under
Title XII of Division A of the
American Recovery and Reinvestment
Act of 2009 shall be deposited
to the credit of the Community
Services Block Grant Fund (Fund
3L00).
The federal payments made to the state for the Home
Investment Partnerships Program under Title XII of Division A of
the American Recovery and Reinvestment Act of 2009 shall be
deposited to the credit of the HOME Program Fund (Fund 3V10).
The items in this division are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds
that are not otherwise appropriated.
DEV DEPARTMENT OF DEVELOPMENT
Federal Special Revenue Fund Group
3080 |
195603 |
|
Housing and Urban Development |
|
$ |
0 |
|
$ |
26,205,724 |
3080 |
195605 |
|
Federal Projects |
|
$ |
0 |
|
$ |
266,781,409 |
3080 |
195618 |
|
Energy Federal Grants |
|
$ |
0 |
|
$ |
96,083,000 |
3DA0 |
195632 |
|
Federal Stimulus - Energy Star Rebate Program |
|
$ |
0 |
|
$ |
11,000,000 |
3DB0 |
195642 |
|
Federal Stimulus - Energy Efficiency and Conservation Block Grants |
|
$ |
0 |
|
$ |
21,000,000 |
3K80 |
195613 |
|
Community Development Block Grant |
|
$ |
0 |
|
$ |
12,957,527 |
3L00 |
195612 |
|
Community Services Block Grant |
|
$ |
0 |
|
$ |
38,979,000 |
3V10 |
195601 |
|
HOME Program |
|
$ |
0 |
|
$ |
83,484,547 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
556,491,207 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
556,491,207 |
The foregoing appropriation item 195605, Federal Projects,
shall be used to carry out the Home
Weatherization Assistance
Program, subject to any requirements of
the American Recovery and
Reinvestment Act of 2009 that apply to
the money appropriated.
The foregoing appropriation items 195603, Housing and Urban
Development, 195618, Energy Federal
Grants, 195613, Community
Development Block Grant, 195612, Community Services Block Grant,
195601,
HOME Program, 195632, Federal Stimulus - Energy Star
Rebate Program, and 195642, Federal Stimulus - Energy Efficiency
and Conservation Block Grants, shall be used in accordance with
the requirements of
the American Recovery and Reinvestment Act of
2009 that apply to
the money appropriated.
Section 311.10. The federal payments made to the state for
the national
school lunch program under Title VIII of Division A
of the
American Recovery and Reinvestment Act of 2009 shall be
deposited
to the credit of the Federal Stimulus School Cafeteria
Equipment Fund (Fund
3DC0), which is hereby created in the state
treasury.
The federal payments made to the state
for
the
McKinney-Vento Homeless Assistance Act under Title VIII
of
Division A of the
American Recovery and Reinvestment Act of
2009 shall be deposited
to the credit of the Federal Stimulus
McKinney-Vento
Grant Fund (Fund
3DG0), which is hereby created in
the state treasury.
The federal payments to the state for the education
technology program under Title VIII of division A of the American
Recovery and Reinvestment Act of 2009 shall be deposited to the
credit of the Technology Literacy Transfer Fund (Fund 3S20).
The items in this section are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds
that are not otherwise appropriated.
EDU DEPARTMENT OF EDUCATION
Federal Special Revenue Fund Group
3DC0 |
200625 |
|
Federal Stimulus – School Lunch Cafeteria Equipment |
|
$ |
0 |
|
$ |
3,107,000 |
3DG0 |
200630 |
|
Federal Stimulus – McKinney-Vento Grants |
|
$ |
0 |
|
$ |
1,384,000 |
3S20 |
200641 |
|
Education Technology |
|
$ |
0 |
|
$ |
23,902,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
28,393,000 |
The foregoing appropriation items 200625, Federal Stimulus –
School Lunch Cafeteria Equipment, and 200630, Federal Stimulus –
McKinney-Vento Grants, shall be used in accordance with the
requirements of the American Recovery and Reinvestment Act of 2009
that apply to the money appropriated.
Of the foregoing appropriation item 200641, Education
Technology, up to $11,591,000 shall be used to award competitive
grants to Title I eligible schools and districts under the
Twenty-First Century Learning Environments Technology Grant
Program. The remainder of the appropriation shall be distributed
to Title I eligible schools on a formula basis as required by
federal regulations. Up to five per cent of the appropriated funds
may be retained to develop state activities consistent with the
goals in this section and to administer the Twenty-First Century
Learning Environments Technology Grant Program.
Section 313.10. The federal payments made to the state
for
clean air
under Title VII of Division A of the American
Recovery and
Reinvestment Act of 2009 shall be deposited to the
credit of the
Clean Air Fund (Fund 4K20).
The item in this section is appropriated as designated
out
of any moneys in the state treasury to the credit of Fund 4K20
that are not otherwise appropriated.
EPA ENVIRONMENTAL PROTECTION AGENCY
State Special Revenue Fund Group
4K20 |
715648 |
|
Clean Air Non-Title V |
|
$ |
0 |
|
$ |
1,700,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
0 |
|
$ |
1,700,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
1,700,000 |
The foregoing appropriation item 715648, Clean Air Non-Title
V, shall be used in accordance with the requirements of the
American Recovery and Reinvestment Act of 2009 that apply to the
money appropriated.
Section 315.20. (A) The Department of Education shall develop
and implement the Twenty-First Century Learning Environments
Technology Grant Program. Under the program, the Department, in
consultation with the eTech Ohio Commission, shall award
competitive grants to school districts for the purchase or lease
of technology hardware, software, training, and support packages
(education solution packages) that meet the specifications
developed jointly by the Department and the Commission.
Twenty-five per cent of any grant award shall be used for
professional development that focuses on utilizing digital
environments to enable new teaching methods, such as
individualizing instruction and project-based learning. This
professional development shall include at least one component of
training in the classroom. The Department shall limit the number
of grants so that each grant recipient receives an amount that is
sufficient to create large-scale learning environment changes that
facilitate the goals expressed in division (D) of this section.
The Department shall award grants in a manner that ensures
diversity among grant recipients according to geographical
regions, economic scale, and school district size.
(B) The Department and the Commission shall develop
specifications for education solution packages that may be
purchased or leased by school districts with a grant awarded under
this section. The specifications shall include at least the
following components:
(1) Hardware and software, including wireless laptop
computers, for creating content, project-based learning, and
student-centered collaborative learning practices;
(2) Access to digital content through a statewide content
repository;
(3) Professional development that is supported by the
integration of technology;
(C) A school district that receives a grant award under this
section may combine the funds under that award with other federal,
state, or local funds to purchase or lease education solution
packages that meet the specifications developed under division (B)
of this section.
The Department and the Commission shall assist schools and
districts that do not receive grant awards under this section in
applying those specifications to purchase or lease education
solution packages using other federal, state, and local funds.
(D) The goals of the Twenty-First Century Learning
Environments Technology Grant Program are:
(1) To facilitate innovative teaching and learning strategies
that help accelerate achievement in core academic subject areas;
(2) To help students develop twenty-first century skills
including critical thinking and problem solving, communication and
collaboration, media literacy, leadership and productivity,
adaptability and accountability;
(3) To demonstrate ways for schools to invest in learning
environments that improve academic effectiveness and efficiencies,
including ways for schools to use a portion of their base funding
to invest in appropriate digital environments that enable proven
practices;
(4) To demonstrate ways that mobile technology can extend
learning time, improve academic engagement, and accelerate
achievement for low-performing students;
(5) To demonstrate ways in which technology can enable
innovative teaching formats, including project-based learning,
interdisciplinary methods, relevance, and community service
learning that lead to improved academic achievement;
(6) To demonstrate how teachers and students can create and
access multimedia content that is shared utilizing the "Ohio on
iTunes U" web site and other online distribution mechanisms.
Section 317.10. (A) The federal payments made to the state
for the
Immunization Program under Title VIII of Division A of
the
American Recovery and Reinvestment Act of 2009 shall be
deposited
to the credit of the Preventive Health Block Grant
Fund (Fund
3870).
(B) The federal payments made to the state for the Special
Supplemental Nutrition Program under Title VIII of Division A of
the American Recovery and Reinvestment Act of 2009 shall be
deposited to the credit of the Women, Infants, and Children Fund
(Fund 3890).
(C) The federal payments made to the state for the IDEA –
Infants and Children Program under Title VIII of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the General Operations Fund (Fund 3920).
(D) The items in this section are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds that are not otherwise appropriated.
DOH DEPARTMENT OF HEALTH
Federal Special Revenue Fund Group
3890 |
440604 |
|
Women, Infants, and Children |
|
$ |
0 |
|
$ |
2,000,000 |
3920 |
440618 |
|
Federal Public Health Programs |
|
$ |
0 |
|
$ |
14,410,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
16,410,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
16,410,000 |
The foregoing appropriation items
440604, Women, Infants,
and Children, and 440618, Federal Public Health Programs, shall be
used in accordance
with the requirements of the American
Recovery and Reinvestment
Act of 2009 that apply to the money
appropriated.
Section 318.10. All items in this section are hereby
appropriated as designated out of any moneys in the state treasury
to the credit of the Deputy Inspector General for Funds Received
through the American Recovery and Reinvestment Act of 2009 Fund
(Fund 5GI0).
IGO OFFICE OF THE INSPECTOR GENERAL
General Services Fund Group
5GI0 |
965605 |
|
Deputy Inspector General for ARRA |
|
$ |
0 |
|
$ |
150,000 |
TOTAL GSF General Services Fund Group |
|
$ |
0 |
|
$ |
150,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
150,000 |
The foregoing appropriation item 965605, Deputy Inspector
General for ARRA, shall be used to pay the operating expenses
incurred by the Deputy Inspector General for Funds Received
through the American Recovery and Reinvestment Act of 2009 in
performing the duties specified in section 121.53 of the Revised
Code.
There is established in appropriation item 965605, Deputy
Inspector General for ARRA, an appropriation of $450,000 in fiscal
year 2010 and of $600,000 in fiscal year 2011 to pay the operating
expenses incurred by the Deputy Inspector General for Funds
Received through the American Recovery and Reinvestment Act of
2009 in performing the duties specified in section 121.53 of the
Revised Code. Any unencumbered and unexpended appropriations
remaining on June 30, 2010, are reappropriated for the same
purposes in fiscal year 2011.
Section 319.10. (A) The federal payments made to the state
for the Supplemental Nutrition Assistance Program under Title VIII
of Division A of the American Recovery and Reinvestment Act of
2009 shall be deposited to the credit of the Food Stamps and State
Administration Fund (Fund 3840).
(B) The federal payments to the state for the Foster
Care/Adoption Program under Title VIII of Division A of the
American Recovery and Reinvestment Act of 2009 not otherwise
designated in this act shall be deposited to the credit of the
Title IV-E Foster Care/Adoption Maintenance Fund (Fund 3980).
(C) The federal payments made to the state for the Commodity
Assistance Program under Title VIII of Division A of the American
Recovery and Reinvestment Act of 2009 shall be deposited to the
credit of the Emergency Food Distribution Fund (Fund 3A20).
(D) The federal payments made to the state for the Foster
Care/Adoption Program under Title VIII of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the IV-E Foster Care Maintenance/Pass Through
Fund (Fund 3N00).
(E) The federal payments to the state for the Workforce
Investment Act program under Title VIII of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the Workforce Investment Act Fund (Fund 3V00).
(F) The federal payments made to the state for the
Unemployment Insurance Program under Title VIII of Division A of
the American Recovery and Reinvestment Act of 2009 shall be
deposited to the credit of the Federal Unemployment Programs
Fund
(Fund 3V40).
(G) The items in this section are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds that are not otherwise appropriated.
JFS DEPARTMENT OF JOB AND FAMILY SERVICES
Federal Special Revenue Fund Group
3840 |
600610 |
|
Food Assistance and State Administration |
|
$ |
0 |
|
$ |
5,517,986 |
3980 |
600627 |
|
Adoption Maintenance/Administration |
|
$ |
0 |
|
$ |
8,436,803 |
3A20 |
600641 |
|
Emergency Food Distribution |
|
$ |
0 |
|
$ |
4,983,222 |
3N00 |
600628 |
|
IV-E Foster Care Maintenance |
|
$ |
0 |
|
$ |
12,411,714 |
3V00 |
600688 |
|
Workforce Investment Act |
|
$ |
0 |
|
$ |
110,000,000 |
3V40 |
600678 |
|
Federal Unemployment Programs |
|
$ |
0 |
|
$ |
39,800,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
181,149,725 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
181,149,725 |
The foregoing appropriation items 600610, Food Assistance and
State Administration, 600627, Adoption Maintenance/Administration,
600641, Emergency Food Distribution, 600628,
IV-E Foster Care
Maintenance, 600688, Workforce Investment Act, and 600678, Federal
Unemployment
Programs, shall be used in
accordance with the
requirements of the American Recovery and
Reinvestment Act of
2009 that apply to the money appropriated.
Section 321.10. The federal payments made to the state
for
the Vocational Rehabilitation Program under Title VIII of
Division A of the American Recovery and Reinvestment Act of 2009
shall be deposited to the credit of the Consolidated Federal Fund
(Fund 3790).
The federal payments made to the state for the
Independent
Living Program under Title VIII of Division A of the
American
Recovery and Reinvestment Act of 2009 shall be deposited
to the
credit of the Independent Living/Vocational Rehabilitation
Fund
(Fund 3L40).
The items in this section are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds that are not otherwise appropriated.
RSC REHABILITATION SERVICES COMMISSION
Federal Special Revenue Fund Group
3790 |
415616 |
|
Federal - Vocational Rehabilitation |
|
$ |
0 |
|
$ |
21,590,000 |
3L40 |
415612 |
|
Federal Independent Living Centers or Services |
|
$ |
0 |
|
$ |
509,000 |
3L40 |
415617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
0 |
|
$ |
1,392,958 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
23,491,958 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
23,491,958 |
The foregoing appropriation items 415616, Federal –
Vocational Rehabilitation, 415612, Federal Independent Living
Centers or Services, and 415617, Independent Living/Vocational
Rehabilitation Programs, shall be used in accordance with the
requirements of the American Recovery and Reinvestment Act of 2009
that apply to the money appropriated.
Section 323.10. Expenditures from the appropriations made in
Sections 303.10, 305.10, 307.10, 309.10, 311.10, 313.10, 317.10,
319.10, 321.10, and 325.10 of this act
shall be accounted
for
as though
made in the relevant main
operating appropriations
act. The
appropriations made in this
division are subject to all
provisions of the relevant main
operating appropriations act that
are generally applicable to the
appropriations.
Section 325.05. The federal payments made to the state for
justice programs under Title II of Division A of the American
Recovery and Reinvestment Act of 2009 shall be deposited to the
credit of the Federal Stimulus - Justice Programs Fund (Fund
3DH0).
The item in this section is hereby appropriated as designated
out of any moneys in the state treasury to the credit of Fund
3DH0.
DPS DEPARTMENT OF PUBLIC SAFETY
Federal Special Revenue Fund Group
3DH0 |
768613 |
|
Federal Stimulus - Justice Programs |
|
$ |
0 |
|
$ |
4,604,597 |
TOTAL |
FED |
|
Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
4,604,597 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
4,604,597 |
The foregoing appropriation item 768613, Federal Stimulus –
Justice Programs, shall be used in accordance with the
requirements of the American Recovery and Reinvestment Act of 2009
that apply to the money appropriated.
Section 325.10. The federal payments made to the state
for
highway infrastructure under Title XII of Division A of the
American Recovery
and Reinvestment Act of 2009 shall be deposited
to the credit of
the Highway Operating Fund (Fund 7002), which is
created in
section 5735.291 of the Revised Code.
The federal payments made to the state for transit
agencies
under Title XII of Division A of the American Recovery
and
Reinvestment Act of 2009 shall be deposited to the credit of
the
Highway Operating Fund (Fund 7002).
The items in this division are appropriated as designated
out of any moneys in the state treasury to the credit of their
respective funds
that are not otherwise appropriated.
DOT DEPARTMENT OF TRANSPORTATION
Highway Operating Fund Group
7002 |
772422 |
|
Highway Construction – Federal |
|
$ |
0 |
|
$ |
935,677,000 |
7002 |
775463 |
|
Federal Stimulus - Transit |
|
$ |
0 |
|
$ |
167,036,000 |
TOTAL HOF Highway Operating Fund Group |
|
$ |
0 |
|
$ |
1,102,713,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
1,102,713,000 |
TRANSFER OF APPROPRIATIONS
The Director of Budget and Management may approve written
requests from the Director of Transportation for the transfer of
appropriations between appropriation items 771412, Planning and
Research – Federal, 772422, Highway Construction - Federal,
772424, Highway Construction – Other, 775452, Public
Transportation - Federal, 776462, Grade Crossing - Federal, and
777472, Airport Improvements - Federal, based upon the
requirements of the American Recovery and Reinvestment Act of 2009
that apply to the money appropriated. The transfers shall be
reported to the Controlling Board at its next regularly scheduled
meeting.
Section 325.20. Expenditures from appropriations made in
Sections 325.05 and 325.10
shall
be accounted for as though
made in Am.
Sub. H.B. 67 of the
127th
General Assembly.
However, law contained
in the relevant
operating
appropriations act that is generally
applicable to the
appropriations made in that act also is
generally applicable to
the appropriations made in Sections 325.05 and 325.10 of this act.
Section 327.10. The unexpended,
unencumbered portions of the
appropriation items made in Sections
303.10, 305.10, 307.10,
309.10, 311.10, 313.10, 317.10,
318.10, 319.10, 321.10, 325.05,
and
325.10 at the end of fiscal year 2009 are
hereby
reappropriated
for the same purposes for fiscal year 2010.
Section 503.20. PASSENGER RAIL
The Ohio Rail Development Commission or the Director of
Transportation may apply for federal funds for passenger rail made
available through the American Recovery and Reinvestment Act of
2009.
Section 509.10. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS
The Director of Budget and Management shall initiate and
process payments from lease rental payment appropriation items
during the period from July 1, 2009, to June 30, 2011, pursuant to
the lease agreements for bonds or notes issued under Section 2i of
Article VIII of the Ohio Constitution and Chapter 152. of the
Revised Code. Payments shall be made upon certification by the
Ohio Building Authority of the dates and amounts due on those
dates.
Section 509.20. LEASE PAYMENTS TO OBA AND TREASURER
Certain appropriations are in this act for the purpose of
lease payments to the Ohio Building Authority or to the Treasurer
of State under leases and agreements relating to bonds or notes
issued by the Ohio Building Authority or the Treasurer of State
under the Ohio Constitution and acts of the General Assembly. If
it is determined that additional appropriations are necessary for
this purpose, such amounts are hereby appropriated.
Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY
OPERATING
FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND
Upon the request of the Director of Transportation, the
Director of Budget and Management may transfer cash from the
Highway Operating Fund (Fund 7002) to the Highway Capital
Improvement Fund (Fund 7042) created in section 5528.53 of the
Revised Code. The Director of Budget and Management may transfer
from Fund 7042 to Fund 7002 up to the amounts previously
transferred to Fund 7042 under this section.
Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND
The Director of Budget and Management shall transfer cash in
equal monthly increments totaling $183,493,000 in each fiscal year
of the 2010-2011 biennium from the Highway Operating Fund, created
in section 5735.291 of the Revised Code, to the Gasoline Excise
Tax Fund created in division (A) of section 5735.27 of the Revised
Code. The monthly amounts transferred under this section shall be
distributed as follows: 42.86 per cent shall be distributed among
the municipal corporations within the state under division (A)(2)
of section 5735.27 of the Revised Code; 37.14 per cent shall be
distributed among the counties within the state under division
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent
shall be distributed among the townships within the state under
division (A)(5)(b) of section 5735.27 of the Revised Code.
Section 512.30. LOCAL TRANSPORTATION IMPROVEMENT PROGRAM
The Director of Budget and Management is authorized, upon
written request of the Director of the Public Works Commission, to
make periodic transfers of cash from the Highway Operating Fund
created in section 5735.291 of the Revised Code to the Local
Transportation Improvement Program Fund created in section 164.14
of the Revised Code. These periodic transfers must total
$100,000,000 in fiscal year 2010 and $100,000,000 in fiscal year
2011 and are intended to fulfill the purposes of Section 18 of Am.
Sub. H.B. 554 of the 127th General Assembly.
Section 512.35. CASH TRANSFERS FROM CERTAIN STATE BOND FUNDS
Notwithstanding any provision of law to the contrary, by June
15,
2010, and June 15, 2011, or as soon as possible thereafter,
respectively, the Director of Budget and Management shall
determine for fiscal years 2010 and 2011, respectively, the amount
of "net interest earnings" credited to each state bond fund for
which debt service on the associated bonds is payable from the
General Revenue Fund. For purposes of this section, "net interest
earnings" is the amount of interest earnings credited to a bond
fund in a fiscal year in excess of the amounts needed to (1)
satisfy appropriations or transfers from that bond fund to support
the administration of the capital projects in that fiscal year and
(2) be set aside for or used to make tax compliance payments as
provided in division (D) of section 133.02 of the Revised Code.
The Director shall transfer from those net interest earnings first
to the Highway Operating Fund (Fund 7002) in any amount needed to
reimburse Fund 7002 for debt service payments in connection with
obligations issued to fulfill the purposes of Section 18 of Am.
Sub. H.B. 554 of the 127th General Assembly, with any remaining
amounts of those net interest earnings being transferred by the
Director to the General Revenue Fund.
Section 512.40. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING
On July 1, 2009, and on January 1, 2010, respectively, or as
soon as possible thereafter, the
Director of Budget and
Management shall transfer $200,000 in cash, for each period,
from
the Highway Operating Fund (Fund 7002) to the Deputy
Inspector
General for ODOT Fund (Fund 5FA0).
On July 1, 2010, and on January 1, 2011, or as soon as
possible thereafter, respectively, the Director of Budget and
Management shall transfer $200,000 in cash, for each period, from
the Highway Operating Fund (Fund 7002) to the Deputy Inspector
General for ODOT Fund (Fund 5FA0).
Should additional amounts be necessary, the Inspector
General, with the consent of the Director of Budget and
Management,
may seek
Controlling Board approval for additional
transfers of cash and to
increase the amount appropriated from
appropriation item 965603,
Deputy Inspector General for ODOT, in
the amount of the additional
transfers.
Section 512.41. DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED
THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
On the effective date of this section, and on July 1, 2009,
or as soon as
possible thereafter, respectively, the Director of
Budget and
Management shall transfer $150,000 in cash, for each
period, from
the General Revenue Fund to the Deputy Inspector
General for Funds
Received through the American Recovery and
Reinvestment Act of
2009 Fund (Fund 5GI0), which is created in
section 121.53 of the
Revised Code.
On January 1, 2010, July 1, 2010, and January 1, 2011, or as
soon as
possible thereafter, respectively, the Director of
Budget and
Management shall transfer $300,000 in cash, for each
period, from
the General Revenue Fund to the Deputy Inspector
General for Funds
Received through the American Recovery and
Reinvestment Act of
2009 Fund (Fund 5GI0).
Section 512.43. DIESEL EMISSIONS REDUCTION GRANT PROGRAM
There is established in the Highway Operating Fund (Fund
7002) in the Department of Transportation a Diesel Emissions
Reduction Grant Program. The Director of Development shall
administer the program and shall solicit, evaluate, score, and
select projects submitted by public entities, small business
concerns as the concerns are defined in 13 C.F.R. 121, as amended,
and disadvantaged business enterprises as they are defined in 49
C.F.R. 26 that are eligible for the federal Congestion Mitigation
and Air Quality (CMAQ) Program. The Director of Transportation
shall process Federal Highway Administration-approved projects as
recommended by the Director of Development.
In addition to the allowable expenditures set forth in
section 122.861 of the Revised Code, Diesel Emissions Reduction
Grant Program funds also may be used to fund projects involving
the purchase or use of hybrid and alternative fuel vehicles that
are allowed under guidance developed by the Federal Highway
Administration for the CMAQ Program.
Public entities eligible to receive funds under section
122.861 of the Revised Code and CMAQ shall be reimbursed from the
Department of Transportation's Diesel Emissions Reduction Grant
Program.
Small business concerns and disadvantaged business
enterprises eligible to receive funds under section 122.861 of the
Revised Code and CMAQ shall be reimbursed through transfers of
cash from the Department of Transportation's Diesel Emissions
Reduction Grant Program to the Diesel Emissions Reduction Grant
Fund (Fund 3BD0) used by the Department of Development. Total
expenditures between both the Departments of Development and
Transportation shall not exceed the amounts appropriated in this
section.
Appropriation item 195697, Diesel Emissions Reduction Grants,
is established with an appropriation of $20,000,000 for fiscal
year
2010.
On or before June 30, 2010, any unencumbered balance of the
foregoing appropriation item 195697, Diesel Emissions Reduction
Grants, for fiscal year 2010 is appropriated for the same purposes
in fiscal year 2011.
Any cash transfers or allocations under this section
represent CMAQ program moneys within the Department of
Transportation for use by the Diesel Emissions Reduction Grant
Program by the Department of Development. These allocations shall
not reduce the amount of such moneys designated for metropolitan
planning organizations.
The Director of Development, in
consultation with the
Directors of Environmental Protection and
Transportation, shall
develop guidance for the distribution of
funds and for the
administration of the Diesel Emissions Reduction
Grant Program.
The guidance shall include a method of
prioritization for
projects, acceptable technologies, and
procedures for awarding
grants.
Section 512.50. CASH TRANSFER TO GRF
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balances
of the ODOT Memorial Fund (Fund 4T50) and the Transportation
Building Fund (Fund 7029), as of June 30, 2009, to the General
Revenue Fund. Upon completion of the transfers, Funds 4T50 and
7029 are abolished.
Section 512.60. TRANSFER FROM STATE FIRE MARSHAL FUND TO EMA
SERVICE AND REIMBURSEMENT FUND
On July 1 of each fiscal year, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to
the EMA Service and Reimbursement Fund (Fund 4V30) to be
distributed to the Ohio Task Force One-Urban Search and Rescue
Unit and other urban search and rescue programs around the state.
Section 521.10. The federal payments that are made to the
state from the Clean Water State Revolving Fund pursuant to Title
VIII of the American Recovery and Reinvestment Act of 2009 shall
be credited to the Water Pollution Control Loan Fund created in
section 6111.036 of the Revised Code. Notwithstanding the
requirements of section 6111.036 of the Revised Code, money
credited to the Fund under this section shall be used and
administered to provide financial assistance in any manner that is
consistent with the requirements of the Federal Water Pollution
Control Act or the American Recovery and Reinvestment Act of 2009.
Notwithstanding the requirements of section 6111.036 of the
Revised Code, rules adopted under it, and Chapter 3745-47 of the
Administrative Code, the Director of Environmental Protection, for
the purpose of obtaining federal payments pursuant to Title VIII
of the American Recovery and Reinvestment Act of 2009, may impose
alternative public comment procedures for the draft intended use
plan, including alternative time frames for public notice and
comment and the frequency of public meetings.
Section 521.20. The federal payments that are made to the
state from the Drinking Water State Revolving Fund pursuant to
Title VIII of the American Recovery and Reinvestment Act of 2009
shall be credited to the Drinking Water Assistance Fund created in
section 6109.22 of the Revised Code. Notwithstanding the
requirements of section 6109.22 of the Revised Code, money
credited to the Fund under this section shall be used and
administered to provide financial assistance in any manner that is
consistent with the requirements of the Safe Drinking Water Act or
the American Recovery and Reinvestment Act of 2009.
Notwithstanding the requirements of section 6109.22 of the
Revised Code, rules adopted under it, and Chapter 3745-47 of the
Administrative Code, the Director of Environmental Protection, for
the purpose of obtaining federal payments pursuant to Title VIII
of the American Recovery and Reinvestment Act of 2009, may impose
alternative public comment procedures for the draft intended use
plan, including alternative time frames for public notice and
comment and the frequency of public meetings.
Section 521.30. To the extent permitted by federal law,
federal money
received by the state for fiscal stabilization and
recovery
purposes shall be used in accordance with the
preferences for products and services made or performed in the
United States and Ohio established in section 125.09 of the
Revised Code.
Section 610.10. That Section 229.10 of Am. Sub. H.B. 67 of
the
127th General Assembly, as amended by Am. Sub. H.B. 554 of
the
127th General Assembly, be amended to read as follows:
Sec. 229.10. PWC PUBLIC WORKS COMMISSION
Local Transportation Improvements Fund Group
052 |
150-402 |
|
Local Transportation Improvement Program - Operating |
|
$ |
291,537 |
|
$ |
306,178 |
052 |
150-701 |
|
Local Transportation Improvement Program |
|
$ |
67,500,000 |
|
$ |
267,500,000 |
TOTAL 052 Local Transportation |
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
67,791,537 |
|
$ |
267,806,178 |
Local Infrastructure Improvements Fund Group
038 |
150-321 |
|
State Capital Improvements Program - Operating Expenses |
|
$ |
879,237 |
|
$ |
918,912 |
TOTAL LIF Local Infrastructure
|
|
|
|
|
|
|
Improvements Fund Group |
|
$ |
879,237 |
|
$ |
918,912 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
68,670,774 |
|
$ |
268,725,090 |
CASH TRANSFER FROM THE BUDGET STABILIZATION FUND
the Director of Budget and Management shall transfer
$200,000,000 in cash from the Budget Stabilization Fund to the
Local Transportation Improvement Program Fund created in section
164.14 of the Revised Code.
DISTRICT ADMINISTRATION COSTS
The Director of the Public Works Commission is authorized to
create a
District Administration Costs Program from interest
earnings of the Capital Improvements
Fund and Local
Transportation
Improvement Program Fund proceeds. The program shall be used to
provide for the direct costs of district
administration of the
nineteen
public works districts. Districts choosing to participate
in the program
shall only expend Capital Improvements Fund moneys
for Capital Improvements Fund costs and
Local
Transportation
Improvement Program Fund moneys for Local Transportation
Improvement
Program Fund costs. The account shall not exceed
$1,235,000 per fiscal year. Each public works district may be
eligible for up to
$65,000 per fiscal year from its district
allocation as provided in sections
164.08 and 164.14 of the
Revised Code.
The Director, by rule, shall define allowable and
nonallowable
costs for the purpose of the District Administration
Costs
Program. Nonallowable costs include indirect costs,
elected
official salaries and benefits, and project-specific costs. No
district public works committee may participate in the District
Administration Costs Program without the approval of those costs
by the district public works committee under section 164.04
of
the
Revised Code.
All capital appropriations from the Local Transportation
Improvement
Program Fund (Fund 052) in Am. Sub. H.B. 68 of the
126th
General Assembly remaining unencumbered as of June 30, 2007,
are
reappropriated for use during the period July 1, 2007, through
June 30, 2008, for the same purpose.
Notwithstanding division (B) of section 127.14 of the Revised
Code, all capital appropriations and reappropriations from the
Local
Transportation Improvement Program Fund (Fund 052) in this
act Am. Sub. H.B. 67 of the 127th General Assembly
remaining
unencumbered as of June 30, 2008, are reappropriated
for use
during the period July 1, 2008, through June 30, 2009, for
the
same purposes, subject to the availability of
revenue as
determined by the Director of the Public Works
Commission.
Section 610.11. That existing Section 229.10 of Am. Sub. H.B.
67
of the 127th General Assembly, as amended by Am. Sub. H.B. 554
of
the 127th General Assembly, is hereby repealed.
Section 610.20. That Sections 217.10, 217.11, 239.10,
241.10,
243.10, and 243.11 of Am. Sub. H.B. 562 of the 127th
General
Assembly be amended to read as follows:
Sec. 217.10. The items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are
not otherwise appropriated:
DEV DEPARTMENT OF DEVELOPMENT
C19500 |
|
Clean Ohio Revitalization |
|
$ |
32,000,000 80,000,000 |
C19501 |
|
Clean Ohio Assistance |
|
$ |
8,000,000 20,000,000 |
Total Department of Development |
|
$ |
40,000,000 100,000,000 |
TOTAL Clean Ohio Assistance Fund |
|
$ |
40,000,000 100,000,000 |
Sec. 217.11. CLEAN OHIO REVITALIZATION
The Treasurer of State is hereby authorized to issue and
sell, in accordance with Section 2o and 2q of Article VIII, Ohio
Constitution, and pursuant to sections 151.01 and 151.40 of the
Revised Code, original obligations in an aggregate principal
amount not to exceed $40,000,000 $100,000,000 in addition to the
original
issuance of obligations heretofore authorized by prior
acts of the
General Assembly. These authorized obligations shall
be issued
and sold from time to time, subject to applicable
constitutional
and statutory limitations, as needed to ensure
sufficient moneys
to the credit of the Clean Ohio Revitalization
Fund (Fund 7003) to
pay costs of revitalization projects.
Sec. 239.10. The items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to
the
credit
of the Clean Ohio Conservation Fund (Fund 7056) that
are
not
otherwise appropriated.
PWC PUBLIC WORKS COMMISSION
C15060 |
|
Clean Ohio Conservation |
|
$ |
30,000,000 75,000,000 |
Total Public Works Commission |
|
$ |
30,000,000 75,000,000 |
TOTAL Clean Ohio Conservation Fund |
|
$ |
30,000,000 75,000,000 |
The foregoing appropriation item C15060, Clean Ohio
Conservation, shall be used in accordance with sections 164.20 to
164.27 of the Revised Code. If the Public Works Commission
receives refunds due to project overpayments that are discovered
during the post-project audit, the Director of the Public Works
Commission may certify to the Director of Budget and Management
that refunds have been received. If the Director of Budget and
Management determines that the project refunds are available to
support additional appropriations, such amounts are hereby
appropriated.
Sec. 241.10. The items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to
the
credit
of the Clean Ohio Agricultural Easement Fund (Fund
7057)
that are
not otherwise appropriated.
AGR DEPARTMENT OF AGRICULTURE
C70009 |
|
Clean Ohio Agricultural Easements |
|
$ |
5,000,000 12,500,000 |
Total Department of Agriculture |
|
$ |
5,000,000 12,500,000 |
TOTAL Clean Ohio Agricultural Easement Fund |
|
$ |
5,000,000 12,500,000 |
Sec. 243.10. The items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to
the
credit
of the Clean Ohio Trail Fund (Fund 7061) that are not
otherwise
appropriated.
DNR DEPARTMENT OF NATURAL RESOURCES
C72514 |
|
Clean Ohio Trail - Grants |
|
$ |
5,000,000 12,500,000 |
Total Department of Natural Resources |
|
$ |
5,000,000 12,500,000 |
TOTAL Clean Ohio Trail Fund |
|
$ |
5,000,000 12,500,000 |
Sec. 243.11. The Ohio Public Facilities Commission is
hereby
authorized to issue and sell, in accordance with Section
2o and
2q of
Article VIII, Ohio Constitution, and pursuant to sections
151.01
and 151.09 of the Revised Code, original obligations of
the state
in an aggregate principal amount not to exceed
$40,000,000 $100,000,000 in
addition to the original issuance of
obligations
heretofore
authorized by prior acts of the General
Assembly.
These
authorized
obligations shall be issued and sold
from time
to
time, subject to
applicable constitutional and
statutory
limitations, as needed to
ensure sufficient moneys to
the credit
of the Clean Ohio
Conservation Fund (Fund 7056), the
Clean Ohio
Agricultural
Easement Fund (Fund 7057), and the Clean
Ohio Trail
Fund (Fund
7061) to pay costs of conservation
projects.
Section 610.21. That existing Sections 217.10, 217.11,
239.10,
241.10, 243.10, and 243.11 of Am. Sub. H.B. 562 of the
127th
General Assembly are hereby repealed.
Section 610.30. That Section 503.40 of Am. Sub. H.B. 562 of
the
127th General Assembly be amended to read as follows:
Sec. 503.40. All appropriation items in this section are
appropriated out of the money in the state treasury to the credit
of the designated fund. For all appropriations made in this
section, the amounts in the first column are for fiscal year 2008
and the amounts in the second column are for fiscal year 2009.
LSC LEGISLATIVE SERVICE COMMISSION
GRF |
035-321 |
|
Operating Expenses |
|
$ |
0 |
|
$ |
200,000 |
GRF |
035-407 |
|
Legislative Taskforce on Redistricting |
|
$ |
0 |
|
$ |
750,000 |
TOTAL GRF General Revenue Fund |
|
$ |
0 |
|
$ |
950,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
950,000 |
COMMISSION COMMISSIONS ON CUYAHOGA COUNTY GOVERNMENT REFORM
AND LOCAL GOVERNMENT REFORM AND COLLABORATION
The foregoing appropriation item 035-321, Operating Expenses,
shall be used to support the Commission on Cuyahoga County
Government Reform and the Ohio Commission on Local Government
Reform and Collaboration, both created in this act Am. Sub. H.B.
562 of the
127th General Assembly.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 035-321, Operating Expenses, at
the end of fiscal year 2009, is hereby reappropriated for the same
purpose for fiscal year 2010.
LEGISLATIVE TASKFORCE ON REDISTRICTING
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 035-407, Legislative Taskforce on
Redistricting, at the end of fiscal year 2009 is hereby
reappropriated to the Legislative Service Commission for the same
purpose for fiscal year 2010.
The appropriations made in this section are subject to all
the provisions of Am. Sub. H.B. 119 of the 127th General
Assembly
that are generally applicable to such appropriations
except for
Section 809.03 of Am. Sub. H.B. 119 of the 127th
General
Assembly.
Expenditures from appropriations contained in
this
section shall
be accounted for as though made in Am. Sub.
H.B.
119 of the 127th
General Assembly.
Section 610.31. That existing Section 503.40 of Am. Sub. H.B.
562 of the 127th General Assembly is hereby repealed.
Section 715.10. The Director of Natural Resources may create
an Ohio All-Purpose Vehicle Advisory Board for the purposes of
providing advice and receiving input regarding all-purpose vehicle
trails and trail maintenance.
The authority to create the board and any board created under
this section ceases to exist two years after the effective date of
this section unless the General Assembly subsequently authorizes
the continuation of that authority and the board.
Section 755.10. The Director of Transportation may enter into
agreements as provided in this section with the United States or
any department or agency of the United States, including, but not
limited to, the United States Army Corps of Engineers, the United
States Forest Service, the United States Environmental Protection
Agency, and the United States Fish and Wildlife Service. An
agreement entered into pursuant to this section shall be solely
for the purpose of dedicating staff to the expeditious and timely
review of environmentally related documents submitted by the
Director of Transportation, as necessary for the approval of
federal permits. The agreements may include provisions for advance
payment by the Director of Transportation for labor and all
other
identifiable costs of the United
States or any department or
agency of the United States providing the services, as may be
estimated by the United States, or the department or agency of the
United States. The Director shall submit a request to the
Controlling Board indicating the amount of the agreement, the
services to be performed by the United States or the department or
agency of the United States, and the circumstances giving rise to
the agreement.
Section 755.40. (A) The Department of Public Safety shall
form a study group to conduct a study and make recommendations to
improve services related to vehicle registrations, driver's
license and identification card issuance, and vehicle title
issuance. The study group shall include representatives from the
Department of Public Safety, the Bureau of Motor Vehicles, the
Office of Budget and Management, the Ohio Attorney General, the
Ohio Clerk of Courts
Association, the County Auditors'
Association, the Ohio Trucking
Association, the Deputy
Registrars' Association, the Ohio Auto
Dealers' Association, the
County Commissioners' Association,
the Ohio Municipal League, one
member of the Senate, appointed by the President of the Senate,
one member of the House of Representatives appointed by the
Speaker of the House of Representatives, and two members of the
public, one of whom shall be appointed by the President of the
Senate and one of whom shall be appointed by the Speaker of the
House of Representatives.
(B) In regard to services related to vehicle registrations,
driver's license and identification card issuance, and vehicle
title issuance, the study group shall do all of the following:
(1) Evaluate ways to improve the efficient delivery of
services;
(2) Examine existing statutory authority governing the
supporting processes and infrastructure systems and analyze
methods to improve such processes and systems;
(3) Review demographic data, conduct a financial assessment
of existing procedures, and identify additional services that may
be provided;
(4) Evaluate issues related to Clerks of Courts of Common
Pleas acting as deputy registrars, including the overall impact on
service to the public and the economic effects for both the Clerks
of Courts and deputy registrars;
(5) Review current business methods and identify new
technology that may improve processes and procedures;
(6) Examine ways to expand consumer protection under Ohio's
Title Defect Recision Fund for all retail motor vehicle
transactions.
(C) Not later than six months after the effective date of
this section, the study group shall submit its report with
recommendations to the Governor, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, and the Minority
Leader of the Senate. Upon submitting
its report, the study
group shall cease to exist.
Section 755.50. The Department of Transportation shall
compile and produce a report on the financial and policy
implications of the Department assuming primary responsibility for
all state routes throughout Ohio regardless of local government
jurisdiction. The report shall review the range of possible
participation in the paving and maintenance of these routes by the
Department. The Department shall submit the report to the Speaker
of the House of Representatives, the Minority Leader of the House
of Representatives, the President of the Senate, the Minority
Leader of the Senate, and
the Governor not later than December
15, 2009.
Section 755.60. The Ohio Turnpike Commission shall conduct a
study to examine ways to increase the application of green
technology, including the reduction of diesel emissions, in the
construction, maintenance, improvement, repair, and operation of
Ohio Turnpike Commission facilities. Additionally, the study shall
evaluate all opportunities to develop energy alternatives,
including solar, geothermal, natural gas, and wind, in cooperation
with the Power Siting Board and the Ohio Department of
Transportation.
The Ohio Turnpike
Commission shall use the first
$100,000 in revenue derived from
the Commission's operation of
the business logo sign program
created in section 5537.30 of the
Revised Code to conduct the
study authorized by this section.
Not later than six months after the effective date of this
section, the Ohio Turnpike Commission shall issue an interim
report with the results of
its study to the Speaker and the
Minority Leader of the House of Representatives, the
President
and the Minority Leader of the Senate, and the Governor.
Not later
than one year after the effective date of this section, the Ohio
Turnpike Commission shall issue a final report with the results of
its study to such persons.
Section 755.70. Notwithstanding sections 4519.02, 4519.03,
4519.04, 4519.08, 4519.09, 4519.10, 4519.44, and 4519.47 of the
Revised Code as amended in Section 101.01 of this act, the Bureau
of Motor Vehicles shall not be required to issue license plates
and validation stickers to all-purpose vehicles until one year
after the effective date of this section.
Section 755.80. (A) There is established a MARCS Task
Force
to explore and issue recommendations on the organizational
structure and operational and capital funding options for
the
long-term sustainability and more ubiquitous utilization of the
MARCS System.
The Task Force shall consist of seventeen members
as
follows: three members appointed by the Governor; three members
appointed by the Speaker of the House of Representatives, not more
than two from the same political party; three members appointed by
the President of the Senate, not more than two from the same
political party; one representative from the Department of Public
Safety, appointed by the Director of Public Safety; one
representative from the State Highway Patrol, appointed by the
Director of Public Safety; one representative from the Buckeye
State Sheriffs' Association, appointed by the Governor; one
representative from the Ohio Association of Chiefs of Police,
appointed by the Governor; one representative from the Ohio Fire
Chiefs Association, appointed by the Governor; one
representative
from MARCS, appointed by the Director of
Administrative Services;
one
representative of an emergency
management agency, appointed
by the Governor; and the Director of
Administrative Services or
the Director's designee. The appointed
members shall be appointed
not later than
forty-five days after
the effective date of this
section.
The Director of Administrative Services or the Director's
designee shall serve as chairperson of the Task Force.
Members of the Task Force shall receive no compensation or
reimbursement for their services.
(B) Not later than nine months after the effective date of
this section, the Task Force shall submit a report to the
Governor, the President of the Senate, and the Speaker of the
House of Representatives. The report shall make recommendations
on the matters outlined in the first paragraph of division (A) of
this section for the MARCS System.
Section 756.10. Pursuant to section 1.48 of the Revised
Code,
divisions (A)(3), (A)(5), and (G) of section 4141.301 of
the
Revised Code, as amended by this act shall be applied
retrospectively.
Section 756.11. It is the intent of the General Assembly to
help
qualified unemployed workers access the federally funded
extended
benefits prescribed under the "American Recovery and
Reinvestment
Act of 2009," Pub. L. No. 111-5, 123 Stat. 115,
while not
increasing the short- or long-term federal and state
unemployment
insurance tax burden on Ohio employers.
Section 756.15. For the six-month period commencing on the
effective date of the amendments to section 4513.03 of the Revised
Code contained in Section 101.01 of this act, no law enforcement
officer shall issue to the operator of any motor vehicle being
operated upon a street or highway within this state a ticket,
citation, or summons for a violation of division (A)(3) of section
4513.03 of the Revised Code, or cause the arrest of or commence a
prosecution of a person for a violation of that division. Instead,
during that period of time the law enforcement officer shall issue
to such an operator a written warning, informing the operator of
the existence of division (A)(3) of section 4513.03 of the Revised
Code and that after the date that is six months after the
effective date of the amendments to section 4513.03 of the Revised
Code contained in Section 101.01 of this act, a law enforcement
officer who observes that the operator of a motor vehicle has
committed or is committing a violation of division (A)(3) of
section 4513.03 of the Revised Code will be authorized to issue a
ticket, citation, or summons to that operator for that violation
or to cause the arrest of or commence a prosecution of such an
operator for a violation of that division.
Section 756.20. The Department of Transportation shall not
impose the overweight or overdimension vehicle movement permit fee
increases established in paragraphs (A)(2), (D)(2), (G), (H), (I),
(J), and (K) of rule 5501:2-1-10 of the Administrative Code
that
are scheduled to take effect on July 1, 2009. Rather, the
fees
that took effect on March 1, 2009, shall apply. The
Director of
Transportation shall amend rule 5501:2-1-10 of the Administrative
Code to comply with this section, but shall
not subsequently
increase the rates by rule until July 1, 2010.
Section 756.25. (A) Notwithstanding section 4505.09 of the
Revised Code, until July 1, 2011, the clerk of a court of common
pleas shall charge four dollars and fifty cents for each
certificate of title issued to a licensed motor vehicle dealer for
resale purposes and, in addition, shall charge and collect a
separate fee of fifty cents from the licensed motor vehicle
dealer, which shall be forwarded to the Registrar of Motor
Vehicles for distribution in accordance with division (B) of this
section.
(B) Notwithstanding division (B)(3) of section 4505.09 of the
Revised Code, until July 1, 2011, the Registrar of Motor Vehicles
shall pay one dollar and fifty cents of the amount received by the
Registrar for each certificate of title issued to a licensed motor
vehicle dealer for resale purposes into the Automated Title
Processing Fund created by section 4505.09 of the Revised Code.
The Registrar shall pay the fifty-cent separate fee collected from
a licensed motor vehicle dealer under division (A) of this section
into the Title Defect Recision Fund created by section 1345.52 of
the Revised Code.
Section 756.30. The Department of Transportation shall erect
and maintain one sign each in the rights-of-way of the northbound
and southbound roadways of the State Route 33 bypass approaching
each exit to the city of Lancaster that reads "Historic Downtown
Lancaster Museum District" and the approximate distance. The signs
shall conform to the provisions contained in the manual adopted by
the Department pursuant to section 4511.09 of the Revised Code
regarding the size, coloring, lettering, and installation
locations of the signs.
Section 756.35. Notwithstanding any provision of Chapter
5525. of the Revised Code, until July 1, 2011, the Director of
Transportation may use a value-based selection process, combining
technical qualifications and competitive bidding elements,
including consideration for minority or disadvantaged businesses
that may include joint ventures, when letting special projects
that contain both design and construction elements of a highway or
bridge project into a single contract.
Not later than January 20, 2011, the Director of
Transportation shall present a report to the chair and ranking
minority members of the House of Representatives and Senate
committees that deal with transportation issues. The report shall
identify each project for which the Director used a value-based
selection process, shall evaluate the effect of the value-based
selection process on the cost and timetable for completing the
project, and shall make recommendations for renewing or modifying
the use of a value-based selection process.
Section 756.40. (A) There is hereby established the Ohio
State Highway Patrol Mission Review Task Force, consisting of
seventeen members as follows: the Director of Public Safety or the
Director's designee, the Superintendent of the State Highway
Patrol, two members of the Senate appointed by the President of
the Senate, one member of the Senate appointed by the Minority
Leader of the Senate, two members of the House of Representatives
appointed by the Speaker of the House of Representatives, one
member of the House of Representatives appointed by the Minority
Leader of the House of Representatives, one member who represents
the County Commissioners' Association of Ohio appointed by the
Association, one member who represents the Buckeye State Sheriffs
Association appointed by the Association, one member who
represents the Fraternal Order of Police of Ohio appointed by the
Order, one member who represents the Ohio Association of Chiefs of
Police appointed by the Association, one member who is a State
Highway Patrol trooper appointed by the Ohio State Troopers
Association to represent the troopers of the State Highway Patrol,
one member appointed by the President of the Senate to represent
the public, one member appointed by the Speaker of the House of
Representatives to represent the public, and two members appointed
by the Governor to represent the public, at least one of whom is
not affiliated with any law enforcement agency or public safety
force or agency of any kind. The appointed members shall be
appointed not later than forty-five days after the effective date
of this section.
The member appointed by the Governor to represent the public
who is not affiliated with any law enforcement agency or public
safety force or agency of any kind shall serve as chairperson of
the Task Force. If both members appointed by the Governor to
represent the public are not affiliated with any law enforcement
agency or public safety force or agency of any kind, the Governor
shall designate one of those members to serve as chairperson of
the Task Force. Members of the Task Force shall receive no
compensation or reimbursement for their services. The Department
of Public Safety shall furnish such staff support to the Task
Force as the Task Force may require.
(B) The Task Force shall review the operations and functions
of the State Highway Patrol to explore opportunities to improve
operational efficiency, identify overlapping services, and
consolidate current operations. The Task Force shall formulate
such recommendations as it considers advisable and shall compile a
written report that contains its findings and recommendations.
(C) Not later than twelve months after the effective date of
this section, the Task Force shall submit its report to the
Governor, the President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives. At that point,
the Task Force shall cease to exist.
Section 756.45. The Director of Transportation shall permit
the construction of a curb cut on State Route 91, near Vine
Street, in Lake County.
Section 756.50. In the award of any contract using money
appropriated pursuant to this act, the parties to the contract
shall comply with all applicable federal and state laws, including
the requirements of the Minority Business Enterprise Program, the
Encouraging Diversity, Growth, and Equity Program, and the Buy
Ohio Program.
Section 756.55. (A) Notwithstanding section 5501.51 or any
other
provision of the Revised Code, if relocation of utility
facilities
or any parts thereof is directed by the state or a
county,
township, or municipal corporation and is necessitated by
the
construction, reconstruction, improvement, maintenance, or
repair
of a road, highway, or bridge that is financed in whole or
in part
by federal funds provided as part of or as a result of
the
"American Recovery and Reinvestment Act of 2009," Pub. L. No.
111-5, 123 Stat. 115, and the affected utility meets the project
utility relocation work schedule as agreed to between the utility
and the state, county, township, or municipal corporation, then
the state, county, township, or municipal
corporation shall
reimburse the utility for the cost of the
relocation, first, in
the same proportion as federal funds are
expended on the project
and, second, as otherwise provided in
section 5501.51 or other
applicable provision of the
Revised Code.
(B) As used in this section, "utility"
includes publicly,
privately, and cooperatively owned utilities
that are subject to
the authority of the public utilities
commission of Ohio, a
utility as defined in division (B) of
section 4905.02 of the
Revised Code, an electric cooperative as
defined in section
4928.01 of the Revised Code, a pipeline
facility regulated
under
the "Accountable Pipeline Safety and
Partnership Act of
1996,"
110 Stat. 3793, 49 U.S.C. 60101, and a
cable operator as
defined
in the
"Cable
Communications Policy
Act of 1984," 98
Stat.
2780, 47
U.S.C. 522,
as amended by the
"Telecommunications
Act
of 1996,"
110 Stat. 56,
and includes
the provision of other
information or
telecommunications
services, or both.
Section 756.60. (A) Notwithstanding any law to the contrary,
the Director of Administrative Services shall ensure that a
competitive selection process regarding a contract to operate a
motor vehicle emissions inspection program in this state
incorporates the following elements, which shall be included in
the contract:
(1) A requirement that the vendor selected to operate the
program provide notification of the program's requirements to each
owner of a motor vehicle that is required to be inspected under
the program. The contract shall require the notification to be
provided not later than sixty days prior to the date by which the
owner of the motor vehicle is required to have the motor vehicle
inspected. The Director of Environmental Protection and the vendor
shall jointly agree on the content of the notice. However, the
notice shall at a minimum include the locations of all inspection
facilities within a specified distance of the address that is
listed on the owner's motor vehicle registration.
(2) A requirement that the vendor selected to operate the
program spend not more than five hundred thousand dollars over the
term of the contract for public education regarding the locations
at which motor vehicle inspections will take place;
(3) A requirement that the vendor selected to operate the
program acquire all facilities that were previously utilized for
motor vehicle emissions inspections via arm's-length transactions
at the discretion of the interested parties if the vendor chooses
to utilize those inspection facilities for purposes of the
contract. The competitive selection process shall not include a
requirement that a vendor pay book value for such facilities.
(4) A requirement that the motor vehicle emissions inspection
program utilize established local businesses, such as existing
motor vehicle repair facilities, for the purpose of expanding the
number of inspection facilities for consumer convenience and
increased local business participation.
(B) Any competitive selection process that is or has been
initiated for purposes of a new contract to operate a motor
vehicle emissions inspection program in this state shall comply
with division (A) of this section.
Section 757.10. Notwithstanding Chapter 5735. of the
Revised
Code, the following shall apply for the period of July 1,
2009,
through June 30, 2011:
(A) For the discount under section 5735.06 of the Revised
Code, if the monthly report is timely filed and the tax is timely
paid, one per cent of the total number of gallons of motor fuel
received by the motor fuel dealer within the state during the
preceding calendar month, less the total number of gallons
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of
the Revised Code, less one-half of one per cent of the total
number of
gallons of motor fuel that were sold to a retail dealer
during the
preceding calendar month.
(B) For the semiannual periods ending December 31, 2009, June
30, 2010, December 31, 2010, and June 30, 2011, the refund
provided to retail dealers under section 5735.141 of the Revised
Code shall be one-half of one per cent of the Ohio motor fuel
taxes paid on
fuel purchased during those semiannual periods.
Section 803.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS
Law contained in the main operating appropriations act of the
128th General Assembly that is generally applicable to the
appropriations made in the main operating appropriations act also
is generally applicable to the appropriations made in this act.
Section 803.20. As used in the uncodified law of this act,
"American Recovery and Reinvestment Act of 2009" means the
"American Recovery and Reinvestment Act of 2009," Pub. L. No.
111-5, 123 Stat. 115.
Section 806.10. The items of law contained in this act, and
their applications, are severable. If any item of law contained in
this act, or if any application of any item of law contained in
this act, is held invalid, the invalidity does not affect other
items of law contained in this act and their applications that can
be given effect without the invalid item or application.
Section 812.10. Except as otherwise provided in this act,
the amendment, enactment, or repeal by this act of a section is
subject to the referendum under Ohio Constitution, Article II,
Section 1c and therefore takes effect on the ninety-first day
after this act is filed with the Secretary of State or, if a later
effective date is specified below, on that date.
Section 812.20. In this section, an "appropriation" includes
another provision of law in this act that relates to the subject
of the appropriation.
An appropriation of money made in this act is not subject to
the referendum insofar as a contemplated expenditure authorized
thereby is wholly to meet a current expense within the meaning of
Ohio Constitution, Article II, Section 1d and section 1.471 of the
Revised Code. To that extent, the appropriation takes effect
immediately when this act becomes law. Conversely, the
appropriation is subject to the referendum insofar as a
contemplated expenditure authorized thereby is wholly or partly
not to meet a current expense within the meaning of Ohio
Constitution, Article II, Section 1d and section 1.471 of the
Revised code. To that extent, the
appropriation takes effect on
the ninety-first day after this act
is filed with the Secretary
of State.
Section 812.30. The amendment, enactment, or repeal by this
act of the sections listed below is exempt from the referendum
because it is or relates to an appropriation for current expenses
within the meaning of Ohio Constitution, Article II, Section 1d
and section 1.471 of the Revised Code, or defines a tax levy
within the meaning of Ohio Constitution, Article II, Section 1d,
and therefore takes effect immediately when this act becomes law
or, if a later effective date is specified below, on that date.
R.C. 121.51, 121.53, 4141.242, and 4141.301
The amendment of sections 5735.06 and 5735.141 of the Revised
Code take effect July 1, 2009.
Section 229.10 of Am. Sub. H.B. 67 of the 127th General
Assembly
Sections of this act prefixed with section numbers in the
300's,
500's, 600's, 700's, and 800's, except for Sections 509.10,
610.20,
610.21, and 755.20 of this act.
Section 812.40. The sections that are listed in the
left-hand column of the following table combine amendments by this
act that are and that are not exempt from the referendum under
Ohio Constitution, Article II, Sections 1c and 1d and section
1.471 of the Revised Code.
The middle column identifies the amendments to the listed
sections that are subject to the referendum under Ohio
Constitution, Article II, Section 1c and therefore take effect on
the ninety-first day after this act is filed with the Secretary of
State or, if a later effective date is specified, on that date.
The right-hand column identifies the amendments to the listed
sections that are exempt from the referendum because they are or
relate to an appropriation for current expenses within the meaning
of Ohio Constitution, Article II, Section 1d and section 1.471 of
the Revised Code, or define a tax levy within the meaning of Ohio
Constitution, Article II, Section 1d, and therefore take effect
immediately when this act becomes law or, if a later effective
date is specified, on that date.
Section of law |
|
Amendments subject to referendum |
|
Amendments exempt from referendum |
R.C. 4561.18 |
|
Division (A) |
|
Divisions (D)(1), (D)(3), (H) |
Section 815.10. The amendment by this act to section
4513.263 of the Revised Code does not
affect the
taking effect
of the amendment previously made to that section by
Am. Sub.
H.B. 320 of the 127th General Assembly.
The amendment of Am.
Sub. H.B. 320 to that
section takes effect as specified in that
act.
Section 815.20. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 4501.21 of the Revised Code as amended by
both Am.
Sub. H.B. 273 and Am. Sub. S.B. 129
of
the 127th General
Assembly.
Section 4506.07 of the Revised Code as amended by
both Am.
Sub. H.B. 450 and Sub. H.B. 529 of
the 127th General
Assembly.
Section 4506.11 of the Revised Code as amended by
both Am.
Sub. H.B. 450 and Sub. H.B. 529 of
the 127th General
Assembly.
Section 4507.06 of the Revised Code as amended by
both Am.
Sub. H.B. 450 and Sub. H.B. 529 of
the 127th General
Assembly.
Section 4507.51 of the Revised Code as amended by Am. Sub.
H.B. 130, Am. Sub. H.B. 450, and Sub. H.B. 529 of the 127th
General Assembly.
Section 4511.181 of the Revised Code as amended by
both Am.
Sub. H.B. 562 and Am. Sub. S.B. 17 of
the 127th General
Assembly.
Section 901.10. Section 901.11 of this act applies only to
sections 1751.53, 3719.21, 3923.38, 4729.42, 4729.99, 4776.02,
4776.04 of the Revised Code as amended by Sections 101.01 and
101.02 of this act and to Section 756.60 of this act.
Section 901.11. This act is hereby declared to be an
emergency measure necessary for the immediate preservation of the
public peace, health, and safety. The reason for such necessity
lies in the need, in these times of high unemployment, to provide
assistance to those who have recently been working, while at the
same time protecting the health and safety of the public.
Therefore, this act shall go into immediate effect.